-568-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

In the matter ofthe amendment ofARM ) NOTICE OF AMENDMENT 17.8.763 pertaining to revocation of )**~mtt** 

### ) (AIR QUALITY)

TO: All Concerned Persons

1. On December 23, 2010, the Board of Environmental Review published MAR Notice No. 17-310 regarding a notice ofpublic hearing on proposed amendment ofthe above-stated rule at page 2878, 2010 Montana Administrative Register, issue number 24.



### 2. The board has amended the rule exactly as proposed.



### 3. No public comments ortestimony were received.

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW

IslDavid Rusoff DAVID RUSOFF Rule Reviewer By: IslJoseph W Russell JOSEPH W. RUSSELL, M.P.H. Chairman

Certified to the Secretary of State,April 4, 2011.

Montana Administrative Register 7-4/14/11AIR QUALITY 17.8.763

17.8.762 DURATION OF PERMIT (1) A Montana air quality permit is in effect until the permit is revoked underARM 17.8.763, amended underARM 17.8.764, or modified underARM 17.8.748. Portions ofa Montanaair quality permit may be revoked, amended, or modified without invalidating the remainder ofthe permit.(2) A permit issued prior to construction or installation ofa new or modified facility or emitting unit may provide that the permit or a portion ofthe permit

### will expire unless construction or installation is commenced within the time specified in the permit, which may not be less than one year or more than three years afterthe permit is issued. (History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02.)

17.8.763 REVOCATION OF PERMIT (1) The department may revoke a Montana air quality permit or any portion ofa permit upon written request ofthe permittee, orforviolation ofany requirement ofthe Clean AirAct of Montana, rules adopted underthat Act, the Federal Clean AirAct and rules promulgated underthat Act (as incorporated by reference in ARM 17.8.767), or any applicable requirement contained in the Montana State Implementation Plan (as incorporated by reference in ARM 17.8.767). (2) The department shall notify the permittee in writing of its intentto revoke
a permit ora portion ofa permit. The department's decision to revoke a permit or

.any portion ofa permit becomes final when 15 days have elapsed afterthe

permittee's receipt ofthe notice unlessthe permittee requests a hearing beforethe board. (3) When the department has attempted unsuccessfully by certified mail, return receipt requested, to deliver a notice of intent to revoke a permitto a permittee atthe last address provided bythe permittee to the department, the permittee is deemed to have received the notice on the date that the department publishes the last ofthree notices of revocation, once each weekfor three consecutive weeks, in a newspaper published in the county in which the permitted facility was located, if a newspaper is published in the county or if no newspaper is published in the county in a newspaper having a general circulation in the county. (4) When the department revokes a permit underthis rule, the permittee may request a hearing before the board. A hearing request must be in writing and must be filed with the board within 15 days after receipt ofthe department's notice of intentto revoke the permit. Filing a request for a hearing postpones the effective date ofthe department's decision until issuance ofa final decision by the board. (5) A hearing underthis rule is governed by the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02; AMO, 2003 MAR p. 2272, Eff. 10/17/03; AMO, 2011 MAR p. 568, Eff. 4/15/11.)

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-449