35-11-207. Notification to the environmental protection agency and contiguous states.
(a) The department shall transmit to the environmental protection agency:
(i) A copy of each permit application and any application for a permit modification or renewal or any portion thereof including any compliance plan, as the environmental protection agency may require to effectively review the application and otherwise carry out its responsibilities under the Clean Air Act; and
(ii) A copy of each permit proposed to be issued and issued as a final permit.
(b) The department shall provide notice of each permit application or proposed permit forwarded to the environmental protection agency under this section, to all states:
(i) Whose air quality may be affected and that are contiguous to this state; or
(ii) That are within fifty (50) miles of the source.
(c) The department shall provide an opportunity for states notified pursuant to subsection (b) of this section to submit written recommendations respecting the issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the department it shall notify the state submitting the recommendations and the environmental protection agency in writing of its failure to accept those recommendations and the reasons therefor.
(d) Upon receipt of timely objection by the environmental protection agency under title V of the Clean Air Act the department shall not issue any permit under the operating permit program unless it is revised and issued in accordance with section 505(c) of the Clean Air Act. Any permit issued under the operating permit program shall be subject to revocation or revision by the department throughout the period of time that EPA may object under title V of the Clean Air Act.
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