Mont. Admin. r. 17.8.1222 - GENERAL AIR QUALITY OPERATING PERMITS
(1) The department
may provide for a general air quality operating permit covering a source category
with numerous similar sources, if it concludes that the category is appropriate for
permitting on a generic basis.
(2) The
department may provide for a general permit based upon its own initiative or the
application of a source within the source category. The department shall provide a
notice and opportunity for public participation, consistent with ARM
17.8.1232. Such procedures may be
combined with the rulemaking process before the department required for the adoption
and incorporation by reference of a general permit.
(3) A general permit may be used to establish
terms and conditions to implement applicable requirements for a source category or
for new requirements that apply to sources with existing general permits, or to
establish federally enforceable caps on emissions from sources in a specific
category.
(4) A general permit may be
appropriate under the following conditions:
(a)
there are several permittees, permit applicants, or potential permit applicants who
have the same or substantially similar operations, emissions, activities, or
facilities;
(b) the permittees, permit
applicants, or potential permit applicants emit the same types of regulated air
pollutants;
(c) the operations,
emissions, activities, or facilities are subject to the same or similar standards,
limitations, and operating requirements; and
(d) the operations, emissions, activities or
facilities are subject to the same or similar monitoring requirements.
(5) A general air quality operating
permit shall include those requirements set forth in ARM
17.8.1210(4).
(6) After a general permit has been proposed by
the department and formally adopted by the department, a source that intends to
operate under the terms of the general permit must provide written notice to the
department before it may qualify for the general permit, as required by ARM
17.8.1205(3)(d). Such
notification shall identify the source, provide information sufficient to
demonstrate that the source falls within the source category covered by the general
permit and is capable of operating in compliance with the terms and conditions of
the general permit, and include any additional information that may be specified in
the general permit.
(7) Without
repeating the public participation procedures required under ARM 17.8.1232, the
department may review a source's written notification, and based upon the
information submitted, confirm or deny that the source appears to both qualify for
the general permit and be capable of operating in compliance with the terms and
conditions of the general permit. The department may request such additional
information from the source as may be necessary to make these findings. Such action
is not a final permit action for purposes of board review.
(8) The department shall act to make the necessary
findings in (7), within 90 days of receipt of the notification provided for in (6),
and shall provide written notice to the source of its findings.
(9) A general permit shall provide that any source
whose coverage under the general permit has been confirmed by the department
pursuant to (7), shall be entitled to the protection of the permit shield for all
operations, activities, and emissions addressed by the general permit, unless and to
the extent that it is subsequently determined that the source does not qualify for
the conditions and terms of the general permit. If the source is later determined
not to qualify for the conditions and terms of the general permit, the source may be
subject to enforcement action for operation without an air quality operating permit.
(10) The renewal of a general permit is
subject to the same procedural requirements, including public participation, that
apply to the initial issuance of general permits.
(11) General air quality operating permits may not
be authorized for affected sources under the acid rain program, unless otherwise
provided in regulations promulgated under Title IV of the FCAA.
Notes
AUTH: 75-2-217, 75-2-218, MCA; IMP: 75-2-217, 75-2-218, MCA
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