Mont. Admin. R. 17.8.759 - REVIEW OF PERMIT APPLICATIONS
(1)
Except for applications subject to ARM
17.8.760, when an application for
a permit does not require an environmental impact statement, the application is
not considered filed until the owner or operator has submitted to the
department all required fees and all information and completed application
forms.
(2) The department shall
notify the applicant in writing within 30 days after receiving an application
if an application is incomplete. The notice must list the reasons the
application is considered incomplete, any additional information required, and
the date by which the applicant must submit any additional required
information. If the requested additional information is not submitted by the
date specified by the department in the notice, the application is considered
withdrawn unless the applicant requests in writing an extension of time for
submission of the additional information. If the department receives additional
application information, whether prior to a determination of completeness or in
response to a notice of incompleteness, the 30-day application completeness
review period begins again.
(3)
Within 40 days after receiving a complete application for a permit, the
department shall make a preliminary determination as to whether the permit
should be issued, issued with conditions, or denied.
(4) After making a preliminary determination,
the department shall notify those members of the public who requested such
notification subsequent to the notice required by ARM
17.8.748 and the applicant of the
department 's preliminary determination. The notice must specify that comments
may be submitted on the information submitted by the applicant and on the
department 's preliminary determination. The notice must also specify the
following:
(a) that a complete copy of the
application and the department 's analysis of the application is available from
the department and in the air quality control region where the emitting unit is
located;
(b) the date by which all
comments on the preliminary determination must be submitted in writing, which
must be within:
(i) 30 days after the notice
is mailed for applications subject to the federal air permitting provisions of
42 U.S.C.
7475,
7503, or
7661 or the provisions of
75-2-215, MCA, or applications
that require preparation of an environmental impact statement; or
(ii) 15 days after the notice is mailed for
all other applications, except as provided in (5) ; and
(c) the date by which a final decision must
be made pursuant to
75-2-211(9),
MCA.
(5) The department
may, on its own action, or at the request of the applicant or member of the
public, extend by 15 days the period within which public comments may be
submitted as described in (4) (b) (ii) and the date for issuing a final
decision on a permit application as described in
75-2-211(9) (b),
MCA, if the department finds that an extension is necessary to allow the
department to make an informed decision.
(a)
Any request for an extension, as provided under (5), by the applicant or a
member of the public must be submitted to the department by the date that
written comments on the preliminary determination originally were
due.
(b) The department shall
extend the comment period if the preliminary determination contains one or more
requirements of 40 CFR part 63, as incorporated by reference in this chapter,
that require a 30-day comment period.
(c) The department shall notify the applicant
of any extensions granted under (5).
(6) The time for issuing a final decision may
be extended for 30 days by written agreement of the department and the
applicant. The department may grant additional 30-day extensions at the request
of the applicant.
Notes
75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA;
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