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 issued 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 indirectly 

cause or contribute to air pollution or that is intended primarily to prevent or control the emission of 

air pollutants, the owner or operator shall file with the department the appropriate 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 after the 

initial well completion date, whichever is later. For purposes of this section, 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 produced through 

wellhead equipment into lease tanks from the ultimate producing interval after casing 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 casing has 

been run. 

 (c) An owner or operator who complies with subsection (2)(b) may construct, install, 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 comply with 

subsection (2)(b), the owner or operator may not operate the oil or gas well facility and is liable for a 

violation of this section for every day of construction, installation, or operation of the facility. 

 (d) The board shall adopt rules establishing air emission control requirements 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 facility 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 section must include the 

following: 

 (a) requirements and procedures for permit applications, including standard application forms; 

 (b) requirements and procedures for submittal of information necessary to determine the location, 

quantity, and type of emissions; 

 (c) procedures for public notice and opportunity for comment or public hearing, 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 permits by the 

department; 

 (h) requirements and procedures for appropriate emission limitations and other requirements, 

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including enforceable measures necessary to ensure compliance with those limitations and 

requirements; 

 (i) requirements and procedures for permit modification and amendment; and 

 (j) requirements and procedures for issuing a single permit authorizing emissions 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 a requirement 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 providing for a single air 

quality permit system. 

 (5) Department approval of an application to transfer a portable emission source 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 all fees required under 

75-2-220 and all information and completed application forms required pursuant to subsections (2), 

(3), and (7) of this section. If the department fails to notify the applicant in writing 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 filed 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 statement by the lead agency if 

a state agency other than the department has been designated by the governor as lead agency 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 final 

environmental impact statement in accordance with time requirements of Title 82, chapter 4, part 1, 2, 

or 3. 

 (b) If an application does not require the preparation of an environmental impact 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 its approval or denial of the 

application, except as provided in subsection (14). 

 (c) If an application does not require the preparation of an environmental impact 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 application, 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 after its 

receipt of a filed application, as provided in subsection (8). 

 (e) If an application for a permit is for the construction, installation, alteration, 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 

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department shall prepare a single environmental review document pursuant to Title 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 the department 

and the applicant. Additional 30-day extensions may be granted by the department upon the request of 

the applicant. Notification of approval or denial may be served personally or by certified 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 department's decision 

may request a hearing before the board. The request for hearing must be filed within 15 days after the 

department renders its decision. An affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case provisions 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 elapsed from the 

date of the decision; 

 (b) the filing of a request for hearing does not stay the department's decision. However, the board 

may order a stay upon receipt of a petition and a finding, after notice and opportunity for hearing, 

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 irreparable injury to the 

person requesting the stay. 

 (c) upon granting a stay, the board may require a written undertaking to be given by the party 

requesting the stay for the payment of costs and damages incurred by the permit applicant and its 

employees if the board determines that the permit was properly issued. When requiring an 

undertaking, the board shall use the same procedures and limitations as are provided 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 submit 

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 submit 

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 extend by 15 days: 

 (a) the period as provided in subsection (13) in which the public may submit 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, renewal, 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 operation under 

the permit upon authorization by the department or upon notice to the department. 

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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. 1947, 69-

3911(part); amd. Sec. 4, Ch. 560, L. 1979; amd. Sec. 1, Ch. 196, L. 1983; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 

652, L. 1991; amd. Sec. 4, Ch. 502, L. 1993; amd. Sec. 2, Ch. 639, L. 1993; amd. Sec. 1, Ch. 85, L. 1995; amd. Sec. 1, Ch. 

273, L. 1997; amd. Sec. 1, Ch. 221, L. 1999; amd. Sec. 4, Ch. 299, L. 2001; amd. Sec. 1, Ch. 588, L. 2001; 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; amd. Sec. 5, Ch. 445, L. 2009. 

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