(A) The department shall review each application submitted under § 48-56-60. Upon completion of the review, the department shall decide whether to enter into negotiations with the applicant to finalize the cooperative agreement. If the application involves federal environmental law and regulations that the department is authorized to administer and enforce, the department shall consult with the U.S. Environmental Protection Agency to ensure that any action taken on the application is consistent with the department’s federal program delegation, authorization, or approvals.

(B) Participation is at the discretion of the department, and any decision to reject an initial application or a draft cooperative agreement is not appealable under § 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.

(C) The department may terminate negotiations with an applicant concerning a draft cooperative agreement and the decision to terminate negotiations is not appealable under § 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.

(D) The department may not enter into an initial cooperative agreement after the first day of the 60th month beginning after the effective date of this act.

(E) At least six months before the expiration of the initial cooperative agreement, the participant shall notify the department of whether or not it wishes to renew the cooperative agreement. A cooperative agreement may be renewed one time for a period of up to five years. If the participant wishes to renew the cooperative agreement, it shall include with the notification any requests for changes to the initial agreement.

(F) If the participant or the department decides not to renew the cooperative agreement, the participant shall submit at least three months before the expiration of the initial cooperative agreement an application for any approvals needed to replace the terms of the agreement and any information requested by the department. If the department does not issue the approvals before the expiration of the cooperative agreement, the agreement remains in effect until the approvals are issued by the department.