Mont. Admin. r. 17.8.1220 - AIR QUALITY OPERATING PERMIT ISSUANCE, RENEWAL, REOPENING, AND MODIFICATION
(1) An air quality
operating permit, permit modification, or permit renewal may be issued only if all
of the following conditions have been met:
(a) the
department has received a complete application for a permit, permit revision, or
permit renewal (applications for permit renewal or revision need only address those
portions of the source that have or are proposed to be changed per the requirements
of ARM 17.8.1205(3) (a) )
;
(b) the department has complied with
the requirements for public participation under ARM
17.8.1232;
(c) the department has complied with the
requirements for notifying and responding to affected states under ARM
17.8.1233;
(d) the conditions of the permit provide for
compliance with all applicable requirements and the requirements of this part;
and
(e) the administrator has received a
copy of the proposed permit, all necessary supporting documentation, and any notices
required under ARM 17.8.1233, and has not objected to issuance of the permit under
17.8.1233 within 45 days of receipt of
the proposed permit and all necessary supporting documentation; and
(f) if the administrator objects to the issuance
of a permit, the department shall, within seven days of receipt of the
administrator's objection, send the permit applicant a copy of the objection and any
statement received from the administrator.
(2) Except as provided under the initial
transition plan, (3), or under regulations promulgated under Title IV or Title V of
the FCAA for the permitting of affected sources under the acid rain program, the
department shall take final action on each air quality operating permit application
(including a request for permit modification or renewal) within 18 months of
receiving a complete application.
(3)
The department shall take final action on at least one-third of all air quality
operating permit applications received during the initial transition period annually
for a period of three years following approval of the permit program by the
administrator.
(4) Within nine months
after receiving a complete application, the department shall take final action on an
air quality operating permit application containing an early reduction demonstration
that has been approved by the administrator under section 112(i) (5) of the
FCAA.
(5) The department shall ensure
priority is given to taking action on Montana air quality permit applications for
construction or modification submitted pursuant to subchapters 7, 8, 9, and 10 of
this chapter.
(6) Upon filing, the
department shall promptly make a determination as to whether the application is
administratively complete, as provided for in ARM
17.8.1205(3). The
department shall provide notice to the applicant of whether the air quality
operating permit application is substantively complete. Unless the department
requests additional information or otherwise notifies the applicant of substantive
incompleteness within 60 days of receipt of a permit application, the application
shall be deemed complete. For modifications processed through the minor modification
procedures contained in ARM
17.8.1226, the department does not have
to provide a completeness determination.
(7) Within 30 days of receipt of a notice of
substantive incompleteness, the source shall submit a response to the department
supplying the requested information. The department may extend this time period upon
request. If a response is not received within this time period the application shall
be considered withdrawn, and may be resubmitted. The department shall notify the
applicant in writing within 60 days thereafter if the application is still
substantively incomplete. This, and any subsequent incomplete notice shall follow
the same form and requirements as the original incomplete notice.
(8) The department shall provide a statement that
sets forth the legal and factual basis for the draft air quality operating permit
conditions (including references to the applicable statutory or regulatory
provisions). The department shall send this statement to the administrator and to
any other person who requests it.
(9)
The submittal of a complete air quality operating permit application does not affect
a requirement that a source obtain a Montana air quality permit prior to
commencement of construction under subchapters 7, 8, 9, or 10 of this
chapter.
(10) An air quality operating
permit modification for purposes of the acid rain portion of the permit shall be
governed by regulations promulgated under Title IV of the FCAA.
(11) The renewal of an air quality operating
permit is subject to the same procedural requirements that apply to permit issuance,
including those for applications, content, public participation, and affected state
and administrator review.
(12)
Expiration of an air quality operating permit terminates the source's right to
operate unless a timely and administratively complete permit renewal application has
been submitted consistent with ARM
17.8.1205(2) (d) and
17.8.1221. If a timely and
administratively complete application has been submitted all terms and conditions of
the permit, including the application shield, remain in effect after the permit
expires.
(13) The department shall
provide a minimum of 30 days advance written notice to the holder of an air quality
operating permit of the department's intent to revoke and reissue the permit or deny
the permit renewal application. The notice of intent may not be appealed to the
board. The department's final decision to revoke and reissue or deny renewal becomes
effective and may be appealed to the board as provided for in ARM
17.8.1210(2) (j). The
permit shield described in ARM
17.8.1214(1) shall
remain in effect during any appeal of the department's decision to deny renewal or
revoke and reissue to the board until such time as the board renders its final
decision. Nothing in this section shall limit the emergency powers of the department
under the Montana Clean Air Act, Title 75, chapter 2, MCA.
Notes
75-2-217, 75-2-218, MCA; IMP, 75-2-217, 75-2-218, MCA;
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