reglab/housing_qa huggingface dataset:
MT Code § 75-2-102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-102. Intent -- policy and purpose

  75-2-102. Intent -- policy and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Clean Air Act of Montana. It is the legislature's intent that the requirements of parts 1 through 4 of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.   (2) It is the public policy of this state and the purpose of this chapter to achieve and maintain levels of air quality that will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. This policy must be balanced by the legislature with the policy of protecting the ability of the people to pursue life's basic necessities and to acquire property and to use that property in all lawful ways.   (3) Local and regional air pollution control programs must be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.   (4) To these ends it is the purpose of this chapter to:   (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control;   (b) provide for an appropriate distribution of responsibilities among the state and local units of government;   (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and   (d) provide a framework within which all values may be balanced in the public interest.   History: En. Sec. 2, Ch. 313, L. 1967; R.C.M. 1947, 69-3905; amd. Sec. 7, Ch. 361, L. 2003.
MT Code § 75-2-104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-104. Limitations -- personal cause of action unabridged -- venue

  75-2-104. Limitations -- personal cause of action unabridged -- venue. (1) This chapter may not be construed to:   (a) grant to the board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops;   (b) affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution;   (c) supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety; or   (d) abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of a person to damages or other relief on account of injury to persons or property and to maintain an action or other appropriate proceeding.   (2) A judicial challenge to a permit issued pursuant to this chapter by a party other than the permit applicant or permitholder must include the party to whom the permit was issued unless otherwise agreed to by the permit applicant or permitholder. All judicial challenges of permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.   (3) An action to challenge a permit decision pursuant to this chapter must be brought in the county in which the permitted activity will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.   (4) A judicial action or proceeding pursuant to this chapter for an equine slaughter or processing facility must comply with 81-9-240 and 81-9-241.   History: (1) thru (3)En. Sec. 19, Ch. 313, L. 1967; Sec. 69-3922, R.C.M. 1947; (4)En. Sec. 18, Ch. 313, L. 1967; amd. Sec. 24, Ch. 349, L. 1974; Sec. 69-3921, R.C.M. 1947; R.C.M. 1947, 69-3921(4), 69-3922; amd. Sec. 8, Ch. 361, L. 2003; amd. Sec. 5, Ch. 337, L. 2005; amd. Sec. 4, Ch. 416, L. 2009.
MT Code § 75-2-105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-105. Confidentiality of records

  75-2-105. Confidentiality of records. (1) Records or other information concerning air pollutant sources that are furnished to or obtained by the department are a matter of public record and open to public use. However, any information unique to the owner or operator of an air pollutant source that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to enjoy confidential status. The department must be served in the action and may intervene as a party in the action. A trade secret not intended to be public when submitted to the department must be submitted in writing and clearly marked as confidential. However, emission data and operating permits issued by the department pursuant to 75-2-217 through 75-2-219 may not be considered confidential for the purposes of this section.  (2) This section does not prevent the use of records or information by the department in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify an owner or operator or reveal information otherwise made confidential by this section.   History: En. Sec. 15, Ch. 313, L. 1967; amd. Sec. 22, Ch. 349, L. 1974; amd. Sec. 1, Ch. 248, L. 1975; R.C.M. 1947, 69-3918; amd. Sec. 2, Ch. 502, L. 1993; amd. Sec. 6, Ch. 324, L. 2021.
MT Code § 75-2-106 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-106. Small business compliance assistance advisory council -- duties -- secretary -- meetings

  75-2-106. Small business compliance assistance advisory council -- duties -- secretary -- meetings. (1) The small business compliance assistance advisory council, established in 2-15-2110, shall:   (a) render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program administered by the department;   (b) make periodic reports to the appropriate federal agency concerning the compliance of the small business stationary source technical and environmental compliance assistance program with the requirements of the federal Clean Air Act, 42 U.S.C. 7401, et seq.;   (c) review information for small business stationary sources to ensure that the information is understandable by the lay person and recommend changes to make the information understandable;   (d) consult with the small business stationary source representative provided for in 75-2-109 regarding problems faced by small business stationary sources concerning the implementation and application of the requirements of this chapter; and   (e) perform other duties necessary to meet the requirements of the federal Clean Air Act.   (2) The council shall elect a presiding officer from among its membership.   (3) The secretary of the council must be an employee of the department assigned to the small business stationary source technical and environmental compliance assistance program. The secretary shall keep all records of meetings and actions taken by the council and is responsible for the development and dissemination of any reports and advisory opinions of the council.   (4) The council shall hold at least one regular meeting each calendar year and keep a summary record of its proceedings that is open to the public for inspection. Special meetings may be called by the presiding officer or a majority of the council members. The secretary shall provide advance notice of the time and place for meetings to each member of the council.   History: En. Sec. 15, Ch. 502, L. 1993.
MT Code § 75-2-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-107. Small business stationary source technical and environmental compliance assistance program -- duties

  75-2-107. Small business stationary source technical and environmental compliance assistance program -- duties. (1) The department shall establish a small business stationary source technical and environmental compliance assistance program.   (2) The program shall:   (a) provide information to small business stationary sources on compliance methods and technologies, pollution prevention, and accidental release detection and prevention;   (b) assist small business stationary sources in determining applicable requirements under this chapter and in receiving permits in a timely and efficient manner;   (c) provide small business stationary sources timely notice of their rights and obligations under this chapter;   (d) provide information to small business stationary sources regarding the availability of audit services that are useful for determining compliance status with the requirements of this chapter; and   (e) perform other duties as may be necessary to meet the requirements of the federal Clean Air Act, 42 U.S.C. 7401, et seq.   History: En. Sec. 16, Ch. 502, L. 1993.
MT Code § 75-2-108 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-108. Small business stationary sources -- exceptions -- waivers

  75-2-108. Small business stationary sources -- exceptions -- waivers. (1) Upon petition, the department may designate a source to be a small business stationary source for purposes of receiving assistance from the small business stationary source technical and environmental compliance assistance program if the stationary source does not emit more than 100 tons per year of all air pollutants and:   (a) is a major stationary source as defined in Subchapter V of the federal Clean Air Act, 42 U.S.C. 7661, et seq.;   (b) emits 50 tons or more per year of an air pollutant; or   (c) emits more than 75 tons per year of all air pollutants.   (2) After notice and an opportunity for public comment, the department may grant a petition submitted under subsection (1) upon finding that the source of air pollutants does not have sufficient technical and financial capabilities to meet the requirements of this chapter without the assistance of the small business stationary source technical and environmental compliance assistance program.   (3) After notice and opportunity for public comment, the department may exclude from the definition of small business stationary source in 75-2-103 a category or subcategory of sources that the department determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the assistance of the small business stationary source technical and environmental compliance assistance program. The department may make this determination only after consulting with the appropriate federal agencies under Subchapter V of the federal Clean Air Act.   History: En. Sec. 17, Ch. 502, L. 1993.
MT Code § 75-2-110 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-110. reserved

  75-2-110 reserved.
MT Code § 75-2-111 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-111. Powers of board

  75-2-111. Powers of board. The board shall, subject to the provisions of 75-2-207:  (1) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter who must be present at all hearings and take full stenographic notes of all proceedings, transcripts of which will be available to the public at cost.   (2) issue orders necessary to effectuate the purposes of this chapter;   (3) have the power to issue orders under and in accordance with 42 U.S.C. 7419.   History: En. Sec. 6, Ch. 313, L. 1967; amd. Sec. 17, Ch. 349, L. 1974; R.C.M. 1947, 69-3909(1) thru (4); amd. Sec. 1, Ch. 560, L. 1979; amd. Sec. 1, Ch. 652, L. 1991; amd. Sec. 7, Ch. 471, L. 1995; amd. Sec. 1, Ch. 231, L. 2003; amd. Sec. 1, Ch. 256, L. 2007; amd. Sec. 100, Ch. 2, L. 2009; amd. Sec. 1, Ch. 94, L. 2011; amd. Sec. 7, Ch. 324, L. 2021.
MT Code § 75-2-113 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-113. Terminated

  75-2-113. Terminated. Sec. 5, Ch. 673, L. 1989.   History: En. Sec. 1, Ch. 673, L. 1989.
MT Code § 75-2-114 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-114. Terminated

  75-2-114. Terminated. Sec. 5, Ch. 673, L. 1989.   History: En. Sec. 2, Ch. 673, L. 1989.
MT Code § 75-2-115 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-115. through 75-2-120 reserved

  75-2-115 through 75-2-120 reserved.
MT Code § 75-2-121 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-121. Repealed

  75-2-121. Repealed. Sec. 3, Ch. 417, L. 2013.   History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(4).
MT Code § 75-2-122 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-122. Repealed

  75-2-122. Repealed. Sec. 3, Ch. 417, L. 2013.   History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(1), (3); amd. Sec. 2489, Ch. 56, L. 2009.
MT Code § 75-2-123 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 1. General Provisions and Administration|75-2-123. Repealed

  75-2-123. Repealed. Sec. 3, Ch. 417, L. 2013.   History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(2); amd. Sec. 2490, Ch. 56, L. 2009.
MT Code § 75-2-201 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-201. Classifying and reporting air contaminant sources

  75-2-201. Classifying and reporting air contaminant sources. (1) The department may classify air contaminant sources that in its judgment may cause or contribute to air pollution according to levels and types of emissions and other characteristics that relate to air pollution and may require reporting for any such class or classes. The classifications must be made with special reference to effects on health, economic and social factors, and physical effects on property and may be applied to the state as a whole or to any designated area.  (2) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules of the department may require reporting shall make reports containing any information as may be required concerning location, size and height of contaminant outlets, processes employed, fuels used, and the nature and time periods or duration of emissions and any other matter relevant to air pollution that is available or reasonably capable of being assembled.   History: En. Sec. 7, Ch. 313, L. 1967; R.C.M. 1947, 69-3910; amd. Sec. 9, Ch. 324, L. 2021.
MT Code § 75-2-202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-202. Department to set ambient air quality standards

  75-2-202. Department to set ambient air quality standards. (1) The department shall establish ambient air quality standards for the state.  (2) Ambient air quality standards for fluorides must be established through limitations upon the concentration of fluorides in forage grasses, hay, and silage.   History: En. Sec. 6, Ch. 313, L. 1967; amd. Sec. 17, Ch. 349, L. 1974; R.C.M. 1947, 69-3909(5); amd. Sec. 1, Ch. 565, L. 1981; amd. Sec. 10, Ch. 324, L. 2021.
MT Code § 75-2-203 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-203. Department to set emission levels

  75-2-203. Department to set emission levels. (1) The department may establish the limitations of the levels, concentrations, or quantities of emissions of various pollutants from any source necessary to prevent, abate, or control air pollution. Except as otherwise provided in or pursuant to this section, those levels, concentrations, or quantities are controlling, and no emission in excess of those levels is lawful.  (2) In any area where the concentration of air pollution sources or of population or where the nature of the economy or of land and its uses may require, the department may fix more stringent requirements governing the emission of air pollutants than those in effect pursuant to subsection (1).   (3) The department may by rule use any widely recognized measuring system for measuring emission of air contaminants.   (4) Should federal minimum standards of air pollution be set by federal law, the department may, if necessary in some localities of this state, set more stringent standards by rule.   History: En. Sec. 10, Ch. 313, L. 1967; R.C.M. 1947, 69-3913; amd. Sec. 11, Ch. 324, L. 2021.
MT Code § 75-2-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-204. Rules relating to construction, installation, alteration, operation, or use

  75-2-204. Rules relating to construction, installation, alteration, operation, or use. The department may by rule prohibit the construction, installation, alteration, operation, or use of a machine, equipment, device, or facility that it 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, unless the owner or operator obtains a permit under this part or has registered the source of air contaminants with the department if the source is in a category for which only registration is required by the rules adopted to implement this part.  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(1); amd. Sec. 3, Ch. 502, L. 1993; amd. Sec. 2, Ch. 231, L. 2003; amd. Sec. 12, Ch. 324, L. 2021.
MT Code § 75-2-205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-205. Repealed

  75-2-205. Repealed. Sec. 3, Ch. 417, L. 2013.   History: En. Sec. 14, Ch. 313, L. 1967; amd. Sec. 9, Ch. 140, L. 1977; R.C.M. 1947, 69-3917(1); amd. Sec. 3, Ch. 560, L. 1979.
MT Code § 75-2-206 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-206. Study of effects of sulfur dioxide on health and environment

  75-2-206. Study of effects of sulfur dioxide on health and environment. (1) To the extent that funds are available, the department shall conduct an ongoing study in areas of Montana where there are major industrial sources of sulfur dioxide. The study must concentrate on the effects on human health and the environment of ambient sulfur dioxide concentrations separately and in conjunction with particulates.  (2) Notwithstanding other funding sources to pay for the study, the department may accept funds and grants from private and public sources.   History: En. Sec. 2, Ch. 504, L. 1987; amd. Sec. 13, Ch. 324, L. 2021.
MT Code § 75-2-207 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-207. State regulations no more stringent than federal regulations or guidelines -- exceptions -- procedure

  75-2-207. State regulations no more stringent than federal regulations or guidelines -- exceptions -- procedure. (1) After April 14, 1995, except as provided in subsections (2) and (3) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.  (2) (a) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if:   (i) a public hearing is held;   (ii) public comment is allowed; and   (iii) the department makes a written finding after the public hearing and comment period that is based on evidence in the record that the proposed standard or requirement:   (A) protects public health or the environment;   (B) can mitigate harm to the public health or the environment; and   (C) is achievable with current technology.   (b) The written finding required under subsection (2)(a)(iii) must reference information and peer-reviewed scientific studies contained in the record that form the basis for the department's conclusion. The written finding must also include information from the hearing record regarding costs to the regulated community that are directly attributable to the proposed standard or requirement.   (c) (i) A person or entity affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that the person or entity believes is more stringent than comparable federal regulations or guidelines may petition the department to review the rule.   (ii) If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall either revise the rule to conform to the federal regulations or guidelines or follow the process provided in subsections (2)(a) and (2)(b) within a reasonable period of time, not to exceed 6 months after receiving the petition.   (iii) A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.   (iv) A person may also petition the department for a rule review under subsection (2)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.   (3) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 2, Ch. 471, L. 1995; amd. Sec. 1, Ch. 536, L. 2001; amd. Sec. 14, Ch. 324, L. 2021.
MT Code § 75-2-208 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-208. through 75-2-210 reserved

  75-2-208 through 75-2-210 reserved.
MT Code § 75-2-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-214. reserved

  75-2-214 reserved.