The department shall determine completeness of an application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing of its determination. If the department does not notify the applicant that the application is incomplete within 60 days after receipt of the application, the applicant may consider the application complete. At any time during the processing of the application, the department may request, in writing, additional information necessary to evaluate or take final action on the application.
If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department. The department shall determine the adequacy of the applicant's response to each incomplete item within 20 days after receipt of the response and shall notify the applicant in writing if the application is or is not complete.
Once a designated representative submits a timely and complete acid rain permit application, the owners or operators of the affected source and the affected units covered by the permit application are considered in compliance with the requirement to have an acid rain permit until the final permit is issued, if any requested additional information is submitted during the permitting process.
S.D. Admin. R. 74:36:05:09
General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-21.