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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 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 of public hearing on proposed 

amendment of the 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 or testimony were received. 

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW 

Isl David Rusoff 

DAVID RUSOFF 

Ru le Reviewer 

By: Isl Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H. 

Chairman 

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

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

17.8.762 DURATION OF PERMIT (1) A Montana air quality permit is in 

effect until the permit is revoked under ARM 17.8.763, amended under ARM 

17.8.764, or modified under ARM 17.8.748. Portions of a Montana air quality permit 

may be revoked, amended, or modified without invalidating the remainder of the 

permit. 

(2) A permit issued prior to construction or installation of a new or modified 

facility or emitting unit may provide that the permit or a portion of the 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 after the 

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 of a permit upon written request of the 

permittee, or for violation of any requirement of the Clean Air Act of Montana, rules 

adopted under that Act, the Federal Clean Air Act and rules promulgated under that 

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 intent to revoke 

a permit or a portion of a permit. The department's decision to revoke a permit or 

. any portion of a permit becomes final when 15 days have elapsed after the 

permittee's receipt of the notice unless the permittee requests a hearing before the 

board. 

(3) When the department has attempted unsuccessfully by certified mail, 

return receipt requested, to deliver a notice of intent to revoke a permit to a 

permittee at the last address provided by the permittee to the department, the 

permittee is deemed to have received the notice on the date that the department 

publishes the last of three notices of revocation, once each week for 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 under this 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 of the department's notice of 

intent to revoke the permit. Filing a request for a hearing postpones the effective 

date of the department's decision until issuance of a final decision by the board. 

(5) A hearing under this 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