75-2-211. Permits for construction, installation, alteration, or use. (1) The board shall by rule

provide for the issuance, modification, suspension, revocation, and renewal of a permit i ssued under this part. (2) (a) Except as provided in 75-1-208 (4)(b), 75-2-234 , and subsections (2)(b) and (2)(c) of this section, not later than 180 days before construction, installation, or alteration begins or as a condition of use of any machine, equipment, device, or facility that the board finds may directly or indi rectly cause or contribute to air pollution or that is intended primarily to prevent or c ontrol the emission of air pollutants, the owner or operator shall file with the department the appr opriate permit application on forms available from the department. (b) Except as provided in subsection (2)(e), the owner or operator of an oil or gas well facility shall file the permit application with the department no later than January 3, 2006, or 60 days aft er the initial well completion date, whichever is later. For purposes of this secti on, the initial well completion date for an oil or gas well facility is: (i) for an oil or gas well facility producing oil, the date when the first oil is pr oduced through wellhead equipment into lease tanks from the ultimate producing interval after c asing has been run;

and (ii) for an oil or gas well facility producing gas, the date when the oil or gas well facility is capable of producing gas through wellhead equipment from the ultimate producing interval after c asing has

been run. (c) An owner or operator who complies with subsection (2)(b) may construct, inst all, or use equipment necessary to complete or operate an oil or gas well facility without a permit until the department's decision on the application is final. If the owner or operator does not com ply with subsection (2)(b), the owner or operator may not operate the oil or gas well faci lity and is liable for a violation of this section for every day of construction, installation, or operation of the fac ility. (d) The board shall adopt rules establishing air emission control requirement s applicable to an oil or gas well facility during the time from the initial well completion date until the department's decision on the application is final. (e) The provisions of subsections (2)(b) and (2)(c) do not apply to an oil or gas well fa cility subject to the federal air permitting provisions of 42 U.S.C. 7475 or 7503. (3) The permit program administered by the department pursuant to this se ction must include the following: (a) requirements and procedures for permit applications, including standard ap plication forms; (b) requirements and procedures for submittal of information necessary to det ermine the location, quantity, and type of emissions; (c) procedures for public notice and opportunity for comment or public heari ng, as appropriate; (d) procedures for providing notice and an opportunity for comment to contiguous states and federal agencies, as appropriate; (e) requirements for inspection, monitoring, recordkeeping, and reporting; (f) procedures for the transfer of permits; (g) requirements and procedures for suspension, modification, and revocation of perm its by the department; (h) requirements and procedures for appropriate emission limitations and othe r requirements, Page 1 of 4 75

- 2

- 211. Permits for construction, installation, alteration, or use.

3/4/ 2015 http://leg.mt.gov/bills/mca/75/2/75

- 2

- 211.htmincluding enforceable measures necessary to ensure compliance with those limit ations and

requirements; (i) requirements and procedures for permit modification and amendment; and (j) requirements and procedures for issuing a single permit authorizing emiss ions from similar operations at multiple temporary locations, which permit may include conditions necessary to ensure compliance with the requirements of this chapter at all authorized locations and arequirement that the owner or operator notify the department in advance of each change in location. (4) This section does not restrict the board's authority to adopt regulations prov iding for a single air quality permit system. (5) Department approval of an application to transfer a portable emission s ource from one location to another is exempt from the provisions of 75-1-201 (1). (6) The department may, for good cause shown, waive or shorten the time required for filing the appropriate applications. (7) The department shall require that applications for permits be accompanied by any plans, specifications, and other information that it considers necessary. (8) An application is not considered filed until the applicant has submitted allfees required under

75-2-220 and all information and completed application forms required pursuant to subsec tions (2), (3), and (7) of this section. If the department fails to notify the applicant in writi ng within 30 days after the purported filing of an application that the application is incomplete and fails to list the reasons why the application is considered incomplete, the application is considered f iled as of the date of the purported filing. (9) (a) Except as provided in 75-1-205 (4) and 75-1-208 (4)(b), if an application for a permit requires the preparation of an environmental impact statement under the Montana Environmental Policy Act, Title 75, chapter 1, parts 1 through 3, the department shall notify the applicant in writing of the approval or denial of the application: (i) within 180 days after the department's receipt of a filed application, as provided in subsection (8), if the department prepares the environmental impact statement; (ii) within 30 days after issuance of the final environmental impact stateme nt by the lead agency if a state agency other than the department has been designated by the governor as lead agenc y for preparation of the environmental impact statement; or (iii) if the application is for a machine, equipment, a device, or a facility at an operation that requires a permit under Title 82, chapter 4, part 1, 2, or 3, within 30 days of issuance of the fi nal environmental impact statement in accordance with time requirements of Titl e 82, chapter 4, part 1, 2,

or 3. (b) If an application does not require the preparation of an environmental impa ct statement, is not subject to the provisions of 75-2-215 , and is not subject to the federal air quality permitting provisions of 42 U.S.C. 7475, 7503, or 7661a, the department shall notify the applicant in writing within 60 days after its receipt of a filed application, as provided in subsection (8), of it s approval or denial of the application, except as provided in subsection (14). (c) If an application does not require the preparation of an environmental impac t statement and is subject to the federal air permitting provisions of 42 U.S.C. 7475, 7503, or 7661a, the department shall notify the applicant, in writing, within 75 days after its receipt of a filed ap plication, as provided in subsection (8), of its approval or denial of the application. (d) Except as provided in subsection (9)(e), if an application does not require the preparation of an environmental impact statement and is subject to the provisions of 75-2-215 , the department shall notify the applicant of its approval or denial of the application, in writing, within 75 days af ter its receipt of a filed application, as provided in subsection (8). (e) If an application for a permit is for the construction, installation, alt eration, or use of a source that is also required to obtain a license pursuant to 75-10-221 or a permit pursuant to 75-10-406 , the Page 2 of 4 75

- 2

- 211. Permits for construction, installation, alteration, or use.

3/4/ 2015 http://leg.mt.gov/bills/mca/75/2/75

- 2

- 211.htm**department shall prepare a single environmental review document pursuant to Ti tle 75, chapter 1, for** 

**the permit required under this section and the license or permit required under 75-10-221**  **or 75-10-** 

**406 and act on the applications within the time period provided for in**  **75-2-215 (3)(e).**  **(f) The time for notification may be extended for 30 days by written agreement of t he department**  **and the applicant. Additional 30-day extensions may be granted by the department upon the re quest of**  **the applicant. Notification of approval or denial may be served personally or by c ertified mail on the**  **applicant or the applicant's agent. (g) Failure by the department to act in a timely manner does not constitute approval** **or denial of the application. This does not limit or abridge the right of any person to seek available**  **judicial remedies to require the department to act in a timely manner.**  **(10) Except as provided in 75-2-213**  **, when the department approves or denies the application for a permit under this section, a person who is directly and adversely affected by the dep**  **artment's decision may request a hearing before the board. The request for hearing must be filed wit** **hin 15 days after the department renders its decision. An affidavit setting forth the grounds for the request m** **ust be filed within 30 days after the department renders its decision. The contested case provis**  **ions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before**  **the board under this**

**subsection. (11) Except as provided in**  **75-2-213 :**  **(a) the department's decision on the application is not final until 15 days have elapse d from the**  **date of the decision; (b) the filing of a request for hearing does not stay the department's decision. How**  **ever, the board may order a stay upon receipt of a petition and a finding, after notice and opportunity for he**  **aring,**

**that: (i) the person requesting the stay is entitled to the relief demanded in the request**  **for a hearing; or (ii) continuation of the permit during the appeal would produce great or irreparab**  **le injury to the person requesting the stay.**  **(c) upon granting a stay, the board may require a written undertaking to be given by the p arty**  **requesting the stay for the payment of costs and damages incurred by the permit a pplicant and its**  **employees if the board determines that the permit was properly issued. W hen requiring an**  **undertaking, the board shall use the same procedures and limitations as are provide d in**  **27-19-306 (2)**  **through (4) for undertakings on injunctions. (12) The board shall provide, by rule, a period of 30 days in which the public may subm**  **it comments on draft air quality permits for applications that:**  **(a) are subject to the federal air quality permitting provisions of 42 U.S.C. 7475, 7503, or 7661a ;**  **(b) are subject to the requirements of 75-2-215**  **; or (c) require the preparation of an environmental impact statement.**  **(13) The board shall provide, by rule, a period of 15 days in which the public may subm it**  **comments on draft air quality permits not subject to subsection (12). (14) The board shall provide, by rule, the basis upon which the department may exte**  **nd by 15 days: (a) the period as provided in subsection (13) in which the public may submi**  **t comments on draft air quality permits not subject to subsection (12); and**  **(b) the period for notifying an applicant of its final decision on approval or denial of an application, as provided in subsection (9)(b).**  **(15) (a) The board may adopt rules for issuance, modification, suspension, revocation, r enewal, or** 

**creation of: (i) general permits covering multiple similar sources; or**  **(ii) other permits covering multiple similar sources. (b) Rules adopted pursuant to subsection (15)(a) may provide for construction and o**  **peration under the permit upon authorization by the department or upon notice to the department.**  **Page 3**  **of 4**  **75**

**- 2** 

**- 211. Permits for construction, installation, alteration, or use.** 

**3/ 4/**  **2015 http://leg.mt.gov/bills/mca/75/2/75** 

**- 2** 

**- 211.htm** History: En. Sec. 8, Ch. 313, L. 1967; amd. Sec. 1, Ch. 185 , L. 1975; amd. Sec. 4, Ch. 140, L. 1977; R.C.M. 19 47, 69-

3911(part); amd. Sec. 4, Ch. 560, L. 1979; amd. Sec . 1, Ch. 196, L. 1983; amd. Sec. 1, Ch. 277, L. 198 3; amd. Sec. 2, Ch. 652, L. 1991; amd. Sec. 4, Ch. 502, L. 1993; amd. S ec. 2, Ch. 639, L. 1993; amd. Sec. 1, Ch. 85, L. 19 95; amd. Sec. 1, Ch. 273, L. 1997; amd. Sec. 1, Ch. 221, L. 1999; amd. S ec. 4, Ch. 299, L. 2001; amd. Sec. 1, Ch. 588, L. 2 001; amd. Sec. 1, Ch. 99, L. 2003; amd. Sec. 3, Ch. 231, L. 2003; amd . Sec. 1, Ch. 188, L. 2005; amd. Sec. 2, Ch. 236, L . 2005; amd. Sec. 6, Ch. 337, L. 2005; amd. Sec. 101, Ch. 2, L. 2009; am d. Sec. 5, Ch. 445, L. 2009. Page 4 of 4 75

- 2

- 211. Permits for construction, installation, alteration, or use.

3/4/ 2015 http://leg.mt.gov/bills/mca/75/2/75

- 2

- 211.htm