Mont. Admin. R. 17.30.1213 - ALTERNATIVE REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES
(1) Any
interested person may request that alternative requirements less stringent than
those required in ARM
17.30.1211(7) through
(10) be imposed in a permit. The department
may establish alternative requirements less stringent than the requirements of
ARM 17.30.1211(7) through
(10) only if:
(a) there is an applicable requirement under
ARM 17.30.1211(7) through
(10);
(b) the department determines that data
specific to the facility indicate that compliance with the requirement at issue
would result in compliance costs wholly out of proportion to the costs EPA
considered in establishing the requirement at issue or would result in
significant adverse impacts on local air quality, significant adverse impacts
on local water resources other than impingement or entrainment, or significant
adverse impacts on local energy markets;
(c) the alternative requirement requested is
no less stringent than justified by the wholly out of proportion costs or the
significant adverse impacts on local air quality, significant adverse impacts
on local water resources other than impingement or entrainment, or significant
adverse impacts on local energy markets; and
(d) the alternative requirement will ensure
compliance with other applicable provisions of the Montana Water Quality Act,
Title 75, chapter 5, MCA, and the federal Clean Water Act.
(2) The burden is on the person requesting
the alternative requirement to demonstrate that alternative requirements should
be authorized.
Notes
75-5-305, 75-5-401, MCA; IMP, 75-5-305, 75-5-401, MCA;
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