reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-216. Adoption of rules for solid or hazardous waste incinerator permits

75-2-216. Adoption of rules for solid or hazardous waste incinerator permits.
The department shall proceed in a reasonable and timely manner in adopting rules implementing 75-2-215.
History: En. Sec. 1, Ch. 16, Sp. L. July 1992; amd. Sec. 16, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-219. Permits for operation -- limitations

75-2-219. Permits for operation -- limitations.
Sections 75-2-217 and 75-2-218 may not be construed to:
(1) affect the department's issuance of a permit for the construction, installation, alteration, or use of a source of air pollutants pursuant to 75-2-211 or 75-2-215;
(2) restrict the department's authority to adopt regulations providing for a single air quality permit system; or
(3) affect permits, allowances, phase II compliance schedules, or other acid rain provisions under Subchapter IV of the federal Clean Air Act, 42 U.S.C. 7651, et seq.
History: En. Sec. 11, Ch. 502, L. 1993; amd. Sec. 20, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-221. Deposit of air quality permitting and registration fees

75-2-221. Deposit of air quality permitting and registration fees.
(1) All money collected by the department pursuant to 75-2-112 and 75-2-220 must be deposited in an account in the state special revenue fund to be appropriated by the legislature to the department for the development and administration of the permitting and registration requirements of this chapter.
(2) Upon request, the expenditure by the department of funds in this account may be audited by a qualified auditor at the end of each fiscal year. The cost of the audit must be paid by the person requesting the audit.
History: En. Sec. 13, Ch. 502, L. 1993; amd. Sec. 2, Ch. 221, L. 1999; amd. Sec. 5, Ch. 231, L. 2003; amd. Sec. 2, Ch. 339, L. 2015; amd. Sec. 22, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-224. Definitions

75-2-224. Definitions.
For the purposes of 75-2-224 through 75-2-227, unless otherwise required by the context, the following definitions apply:
(1) "Applicant" means a person submitting a permit application for which the person is required to pay a fee under 75-2-220 and includes a permitholder who pays an annual fee.
(2) "Postconsumer glass" means glass or glass-like material that has:
(a) served its final intended use;
(b) been discarded by an individual, commercial enterprise, or other entity after having fulfilled its intended application or use in Montana;
(c) useful physical or chemical properties remaining after having served a specific purpose and that would normally be disposed of as solid waste, as defined in 75-10-203, by a consumer, processor, or manufacturer.
(3) (a) "Recycled material" means a substance, compound, conglomeration, mixture, or the like that is composed, in whole or in part, of postconsumer glass.
(b) Material that contains postconsumer glass is recycled material for the purposes of this section if the postconsumer glass is used as or is a component of:
(i) fill, aggregate, or surface material used in construction or road construction;
(ii) sandblasting material;
(iii) landscaping material; or
(iv) a sandstone replacement in the manufacture of cement.
(c) The uses included in subsection (3)(b) are not exclusive, and other uses of postconsumer glass as a substitute for the use or consumption of new material may also be considered by the department as recycled material.
History: En. Sec. 1, Ch. 516, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-225. Amount and duration of credit -- how claimed

75-2-225. Amount and duration of credit -- how claimed.
(1) An applicant may receive a credit against the fees imposed in 75-2-220 for using postconsumer glass in recycled material if the applicant qualifies under 75-2-226.
(2) An applicant qualifying for a credit under 75-2-226 is entitled to claim a credit, as provided in subsection (3) of this section, for using postconsumer glass in recycled material in the calendar year subsequent to the calendar year in which the postconsumer glass was used in recycled material.
(3) (a) The amount of the credit that may be claimed under this section is $8 for each ton of postconsumer glass that was used as a substitute for nonrecycled material in the calendar year prior to the calendar year for which the applicant is paying fees for permits under 75-2-220.
(b) The maximum credit allowable in any calendar year for fees payable under 75-2-220 is $2,000 or the total amount of fees due, whichever is less.
History: En. Sec. 2, Ch. 516, L. 2001; amd. Sec. 1, Ch. 129, L. 2005; amd. Sec. 1, Ch. 159, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-226. Credit for use of postconsumer glass

75-2-226. Credit for use of postconsumer glass.
(1) The following requirements must be met for an applicant to be entitled to a credit for the use of postconsumer glass:
(a) The postconsumer glass must have been used in recycled material in the calendar year prior to the calendar year in which the applicant is applying for and paying for permits under 75-2-220.
(b) (i) The applicant claiming a credit must be a person who, as an owner, including a contract purchaser or lessee, or who pursuant to an agreement owns, leases, or has a beneficial interest in a business that uses postconsumer glass in recycled materials. The use of postconsumer glass as recycled material may be a minor or nonprofit part of a business otherwise engaged in a business activity.
(ii) The applicant may but need not operate or conduct a business that uses postconsumer glass as recycled material. If more than one person has an interest in a business with qualifying uses of postconsumer glass, they may allocate all or any part of the allowable credit among themselves and their successors or assigns.
(c) The business must have been owned or leased by the applicant claiming the credit during the calendar year prior to the calendar year for which the permit fees are due under 75-2-220, except as otherwise provided in subsection (1)(b), and must have used postconsumer glass in recycled material during the calendar year prior to the calendar year for which the credit is claimed.
(d) The postconsumer glass used in recycled material may not be an industrial waste generated by the person claiming the credit unless:
(i) the person generating the waste historically has disposed of the waste onsite or in a licensed landfill; and
(ii) standard industrial practice has not generally included the reuse of the waste in the manufacturing process.
(2) The credit provided by this section is not in lieu of any other incentive to which the applicant otherwise may be entitled under Title 15 or this chapter.
(3) A credit otherwise allowable under this section that is not used by the applicant in the calendar year for which the permits are applied may not be:
(a) carried forward to offset an applicant's permit fees for any succeeding calendar year; or
(b) carried back to offset an applicant's permit fees for any preceding calendar year.
History: En. Sec. 3, Ch. 516, L. 2001; amd. Sec. 2, Ch. 129, L. 2005; amd. Sec. 2, Ch. 159, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-227. Postconsumer glass qualifying for credit -- rulemaking

75-2-227. Postconsumer glass qualifying for credit -- rulemaking.
(1) The department shall adopt rules describing postconsumer glass and recycled material that qualify for the credit authorized by 75-2-226.
(2) In addition to the public participation provisions of Title 2, chapter 4, the department shall maintain a register of interested persons and experts in the field of recycling postconsumer glass. The department shall mail a notice to the interested persons identified under this subsection of the department's contemplated actions, soliciting their views on possible solutions or courses of action.
History: En. Sec. 4, Ch. 516, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-230. Commercial hazardous waste incinerators -- additional permit requirements

75-2-230. Commercial hazardous waste incinerators -- additional permit requirements.
(1) In addition to the requirements under 75-2-231, the department shall require the owner or operator of an existing commercial hazardous waste incinerator or an applicant for an air quality permit for a commercial hazardous waste incinerator to submit a plan that requires the cessation of the burning of hazardous waste if site-specific monitoring determines that inversion conditions, as defined by department rule, exist. The department shall consider the proximity of the commercial hazardous waste incinerator to populated areas when determining the appropriate plan content. The plan must include a site-specific ambient air quality and meteorological monitoring program in order to establish the conditions under which the burning of commercial hazardous waste must be halted and conditions under which the burning of commercial hazardous waste may be resumed. Conditions of the plan must be incorporated as a condition of the facility's permit.
(2) When, because of the proximity of a commercial hazardous waste incinerator to populated areas, the department determines that continuing monitoring is appropriate, the department shall require the owner or operator of an existing commercial hazardous waste incinerator or an applicant for an air quality permit for a commercial hazardous waste incinerator to provide telemetering service to the department with an immediate notification system activated when emissions approach or exceed permitted limits.
History: En. Sec. 1, Ch. 498, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-232. Disclosure statement required

75-2-232. Disclosure statement required.
(1) An air quality permit for a commercial medical waste or commercial hazardous waste incinerator may not be issued, transferred, or altered pursuant to 75-2-211 and 75-2-215 without an application under this section. Before an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator may be approved, the applicant and each principal with respect to the applicant shall submit to the department a disclosure statement containing the following information:
(a) the name, business address, and social security number of the applicant and each principal;
(b) a description of any civil and administrative complaint filed within 5 years before the date of the application against the applicant or a principal for the violation of an environmental protection law and whether the complaint resulted in a civil or administrative penalty;
(c) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application; and
(d) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application in another state that resulted from the operation of a medical waste incinerator or a commercial hazardous waste incinerator. For the purposes of this subsection (d), an environmental protection law of another state means a law or administrative rule adopted pursuant to a law regulating solid or hazardous waste or underground storage tanks or protecting the air or water resource.
(2) A disclosure statement, as required in subsection (1), must be executed under oath or affirmation and is subject to the penalty for perjury. The department may verify and investigate the information contained in a statement required under this section.
(3) A person required to file a disclosure statement under this section shall provide assistance or information requested by the department that is related to the statement and shall cooperate in an inquiry or investigation conducted by the department under subsection (2).
History: En. Sec. 5, Ch. 639, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-233. Denial or modification of permit -- mitigating factors

75-2-233. Denial or modification of permit -- mitigating factors.
(1) The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:
(a) a judgment of criminal conviction of an environmental protection law has been entered against the applicant or a principal;
(b) a civil or administrative complaint for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant or a principal;
(c) the applicant or a principal has a history of repeated violations of environmental protection laws; or
(d) a judgment or criminal conviction for a violation described in 75-2-232(1)(d) has been entered against the applicant or a principal.
(2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.
(3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:
(a) the nature and gravity of the violation of environmental protection laws or violations described in 75-2-232(1)(d);
(b) the degree of culpability of the applicant or a principal;
(c) the applicant's or principal's cooperation with the state or federal agencies involved in the complaints and convictions referred to in 75-2-232; and
(d) the applicant's or principal's dissociation from other persons or entities convicted of acts referred to in 75-2-232.
History: En. Sec. 6, Ch. 639, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 2. Standards, Permits, and Variances › 75-2-234. Registration

75-2-234. Registration.
(1) The department may adopt rules for the registration of certain classes of sources of air contaminants in lieu of a permit application required under 75-2-211(2).
(2) Rules adopted for the registration of animal or human crematoriums must include requirements for:
(a) public notification prior to registration; and
(b) the inclusion of documentation through a registration process that provides projected emissions and ambient concentrations will constitute a negligible risk for the protection of public health, safety, and welfare and the environment.
History: En. Sec. 7, Ch. 231, L. 2003; amd. Sec. 24, Ch. 324, L. 2021; amd. Sec. 3, Ch. 142, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 3. Local Air Pollution Control › 75-2-302. State and federal aid

75-2-302. State and federal aid.
(1) Any local air pollution control program meeting the requirements of this chapter and rules made pursuant to this chapter is eligible for state aid in an amount up to 30% of the locally funded annual operating cost of the program.
(2) Federal aid granted to the state for developing or maintaining a local air pollution control program that is subsequently granted to a local program is not considered state aid.
(3) Subdivisions of the state may make application for, receive, administer, and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control, provided the program is currently approved by the department under 75-2-301.
History: En. Sec. 17, Ch. 313, L. 1967; R.C.M. 1947, 69-3920; amd. Sec. 2, Ch. 141, L. 1991; amd. Sec. 26, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-402. Emergency procedure

75-2-402. Emergency procedure.
(1) Any other law to the contrary notwithstanding, if the department finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department shall order persons causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants. Upon issuance of this order, the department shall fix a place and time within 24 hours for a hearing to be held before the board. Within 24 hours after the start of the hearing and without adjournment, the board shall confirm, modify, or set aside the order of the department.
(2) Except as provided in subsection (1), if the department finds that emissions from the operation of one or more air contaminant sources are causing imminent danger to human health or safety, it may order the person responsible for the operation in question to reduce or discontinue emissions immediately, without regard for 75-2-401. In this event, the requirements for hearing and confirmation, modification, or setting aside of orders as provided in subsection (1) apply.
(3) This section does not limit any power that the governor or any other officer may have to declare an emergency and act on the basis of this declaration, whether the power is conferred by statute or the constitution or is inherent to the office.
History: (1) thru (3)En. Sec. 12, Ch. 313, L. 1967; amd. Sec. 21, Ch. 349, L. 1974; amd. Sec. 7, Ch. 140, L. 1977; Sec. 69-3915, R.C.M. 1947; (4)En. Sec. 14, Ch. 313, L. 1967; amd. Sec. 9, Ch. 140, L. 1977; Sec. 69-3917, R.C.M. 1947; R.C.M. 1947, 69-3915, 69-3917(2); amd. Sec. 2, Ch. 417, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-403. Inspections

75-2-403. Inspections.
(1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which:
(a) an air contaminant source is located or is being constructed or installed;
(b) an emissions-related activity is conducted, such as air contaminant emissions or ambient concentration sampling, testing, or monitoring, or an activity in which samples are gathered, processed, or stored; or
(c) records are kept as required under this chapter or a rule, order, or permit made or issued under this chapter, for the purpose of inspecting those records. The authority granted under this subsection (c) does not limit the department's right to inspect any property, premises, or place, except a private residence, under subsections (1)(a) and (1)(b) if records are also kept at those sites.
(2) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials when the department requests entry for purposes of inspection. A person may not obstruct, hamper, or interfere with an inspection.
(3) The department or an authorized representative must be provided access and must be allowed to copy, at reasonable times, any record that is required to be kept under this chapter or a rule, order, or permit made or issued under this chapter.
(4) The department or an authorized representative may inspect, at reasonable times, any facility, equipment, practices, or operations regulated or required under this chapter or a rule, order, or permit made or issued under this chapter.
(5) The department or an authorized representative must be allowed to sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the provisions of this chapter or a rule, order, or permit made or issued under this chapter.
(6) At the owner's or operator's request, the owner or operator of the premises shall receive a report stating all facts found that relate to compliance status.
(7) Inspections under this section must be conducted in compliance with all applicable federal or state rules or requirements for workplace safety and with all source-specific facility workplace safety rules or requirements. The source shall inform the inspector of all applicable workplace safety rules or requirements at the time of the inspection.
History: En. Sec. 9, Ch. 313, L. 1967; amd. Sec. 19, Ch. 349, L. 1974; amd. Sec. 5, Ch. 140, L. 1977; R.C.M. 1947, 69-3912; amd. Sec. 2, Ch. 218, L. 1983; amd. Sec. 2, Ch. 85, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-411. Judicial review

75-2-411. Judicial review.
(1) A person aggrieved by an order of the board or local control authority may apply for rehearing upon one or more of the following grounds and upon no other grounds:
(a) the board or local control authority acted without or in excess of its powers;
(b) the order was procured by fraud;
(c) the order is contrary to the evidence;
(d) the applicant has discovered new evidence, material to the applicant, that the applicant could not with reasonable diligence have discovered and produced at the hearing; or
(e) competent evidence was excluded to the prejudice of the applicant.
(2) The petition must be in a form and filed at a time that the board prescribes.
(3) (a) Within 30 days after the application for rehearing is denied or, if the application is granted, within 30 days after the decision on the rehearing, an aggrieved party may appeal to the district court of the judicial district of the state that is the situs of property affected by the order.
(b) The appeal must be taken by serving a written notice of appeal upon the presiding officer of the board. Service must be made by the delivery of a copy of the notice to the presiding officer and by filing the original with the clerk of the court to which the appeal is taken. Immediately after service upon the board, the board shall certify to the district court the entire record and proceedings, including all testimony and evidence taken by the board. Immediately upon receiving the certified record, the district court shall fix a day for filing of briefs and hearing arguments on the cause and shall cause a notice of the dates to be served upon the board and the appellant.
(c) The court shall hear and decide the cause upon the record of the board. The court shall determine whether or not the board regularly pursued its authority, whether or not the findings of the board were supported by substantial competent evidence, and whether or not the board made errors of law prejudicial to the appellant.
(4) Either the board or the person aggrieved may appeal from the decision of the district court to the supreme court. The proceedings before the supreme court must be limited to a review of the record of the hearing before the board and of the district court's review of that record.
History: En. Sec. 14, Ch. 313, L. 1967; amd. Sec. 9, Ch. 140, L. 1977; R.C.M. 1947, 69-3917(3) thru (5); amd. Sec. 2492, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-412. Criminal penalties -- injunction preserved

75-2-412. Criminal penalties -- injunction preserved.
(1) A person is guilty of an offense under this section if that person knowingly:
(a) violates a provision of this chapter or a rule, order, or permit made or issued under this chapter;
(b) makes a false material statement, representation, or certification on a form required under this chapter or in a notice or report required by a permit under this chapter; or
(c) renders inaccurate a monitoring device or method required under this chapter.
(2) A person guilty of an offense under subsection (1) is subject to a fine of not more than $10,000 per violation or imprisonment for a period not to exceed 2 years, or both. This offense must be classified as a misdemeanor. Each day of each violation constitutes a separate violation.
(3) Fines collected under this section, except fines collected by an approved local air pollution control program, must be deposited in the state general fund.
(4) Action under this section is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under it by injunction or other appropriate civil or administrative remedy. The department may institute and maintain in the name of the state any enforcement proceedings.
History: En. Sec. 18, Ch. 313, L. 1967; amd. Sec. 24, Ch. 349, L. 1974; R.C.M. 1947, 69-3921(1) thru (3), (5); amd. Sec. 3, Ch. 218, L. 1983; amd. Sec. 42, Ch. 557, L. 1987; amd. Sec. 6, Ch. 502, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-413. Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances

75-2-413. Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances.
(1) (a) A person who violates any provision of this chapter, a rule adopted under this chapter, or any order or permit made or issued under this chapter is subject to a civil penalty not to exceed $10,000 for each violation. Each day of each violation constitutes a separate violation. The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. The civil penalty is in lieu of the criminal penalty provided for in 75-2-412, except for civil penalties for violation of the operating permit program required by Subchapter V of the federal Clean Air Act.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2) (a) Action under subsection (1) is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under this chapter by injunction or other appropriate civil remedies.
(b) An action under subsection (1) or to enforce this chapter or a rule, order, or permit made or issued under this chapter may be brought in the district court of any county where a violation occurs or is threatened.
(3) If the department has notified a person operating a commercial hazardous waste incinerator of a violation and if the department makes a prima facie showing that the conduct or events giving rise to the violations are likely to have continued or recurred past the date of notice, the days of violation are presumed to include the date of the notice and every day after the notice until the person establishes that continuous compliance has been achieved. This presumption may be overcome to the extent that the person operating a commercial hazardous waste incinerator can prove by a preponderance of evidence that there were intervening days when a violation did not occur, that the violation was not continuing in nature, or that the telemetering device was compromised or otherwise tampered with.
(4) Money collected under this section must be deposited in the alternative energy revolving loan account established in 75-25-101. This subsection does not apply to money collected by an approved local air pollution control program.
History: En. 69-3921.1 by Sec. 1, Ch. 98, L. 1975; amd. Sec. 2, Ch. 308, L. 1977; R.C.M. 1947, 69-3921.1; amd. Sec. 16, Ch. 560, L. 1979; amd. Sec. 4, Ch. 218, L. 1983; amd. Sec. 7, Ch. 502, L. 1993; amd. Sec. 3, Ch. 85, L. 1995; amd. Sec. 3, Ch. 498, L. 1995; amd. Sec. 22, Ch. 591, L. 2001; amd. Sec. 6, Ch. 487, L. 2005; amd. Sec. 28, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-421. Persons subject to noncompliance penalties -- exemptions

75-2-421. Persons subject to noncompliance penalties -- exemptions.
(1) Except as provided in subsection (2), the department may assess and collect a noncompliance penalty from any person who owns or operates:
(a) a stationary source (other than a primary nonferrous smelter that has received a nonferrous smelter order under 42 U.S.C. 7419) that is not in compliance with any emission limitation specified in an order of the board, emission standard, or compliance schedule under the state implementation plan approved by the federal environmental protection agency;
(b) a stationary source that is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement under this chapter or 42 U.S.C. 7411, 7412, 7477, or 7603;
(c) a stationary source that is not in compliance with any other requirement under this chapter or any requirement of Subchapter V of the federal Clean Air Act, 42 U.S.C. 7661, et seq.; or
(d) any source referred to in subsections (1)(a), (1)(b), or (1)(c) that has been granted an exemption, extension, or suspension under subsection (2) or that is covered by a compliance order, or a primary nonferrous smelter that has received a primary nonferrous smelter order under 42 U.S.C. 7419, if that source is not in compliance with any interim emission control requirement or schedule of compliance under the extension, order, or suspension.
(2) Notwithstanding the requirements of subsection (1), the department may, after notice and opportunity for a public hearing, exempt any source from the requirements of 75-2-421 through 75-2-429 with respect to a particular instance of noncompliance that:
(a) the department finds is de minimis in nature and in duration;
(b) is caused by conditions beyond the reasonable control of the source and is of no demonstrable advantage to the source; or
(c) is exempt under 42 U.S.C. 7420(a)(2)(B) of the federal Clean Air Act.
(3) Any person who is jointly or severally adversely affected by the department's decision may request, within 15 days after the department renders its decision, upon affidavit setting forth the grounds for it, a hearing before the board. A hearing must be held under the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.
History: En. Sec. 7, Ch. 560, L. 1979; amd. Sec. 8, Ch. 502, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-422. Amount of noncompliance penalty -- late charge

75-2-422. Amount of noncompliance penalty -- late charge.
(1) The amount of the penalty that is assessed and collected with respect to any source under 75-2-421 through 75-2-429 must be equal to:
(a) the amount determined in accordance with the rules adopted by the department, which must be no less than the economic value that a delay in compliance after July 1, 1979, may have for the owner of the source, including the quarterly equivalent of the capital costs of compliance and debt service over a normal amortization period not to exceed 10 years, operation and maintenance costs foregone as a result of noncompliance, and any additional economic value that the delay may have for the owner or operator of such source; minus
(b) the amount of any expenditure made by the owner or operator of that source during the quarter for the purpose of bringing that source into and maintaining compliance with the requirement, to the extent that the expenditures have not been taken into account in the calculation of the penalty under subsection (1)(a).
(2) To the extent that any expenditure under subsection (1)(b) made during any quarter is not subtracted for the quarter from the costs under subsection (1)(a), the expenditure may be subtracted for any subsequent quarter from the costs. In no event may the amount paid be less than the quarterly payment minus the amount attributed to actual cost of construction.
(3) If the owner or operator of any stationary source to whom notice is issued under 75-2-425 does not submit a timely petition under 75-2-425(2)(b) or submits a petition that is denied and if the owner or operator fails to submit a calculation of the penalty assessment, a schedule for payment, and the information necessary for independent verification thereof, the department may enter into a contract with any person who has no financial interest in the matter to assist in determining the amount of the penalty assessment or payment schedule with respect to the source. The cost of carrying out the contract may be added to the penalty to be assessed against the owner or operator of the source.
(4) Any person who fails to pay the amount of any penalty with respect to any source under 75-2-421 through 75-2-429 on a timely basis shall pay in addition a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty is equal to 20% of the aggregate amount of the person's penalties and nonpayment penalties with respect to the source that are unpaid as of the beginning of the quarter.
History: En. Sec. 8, Ch. 560, L. 1979; amd. Sec. 27, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-423. Manner of making payment

75-2-423. Manner of making payment.
(1) The assessed penalty required under 75-2-421 through 75-2-429 shall be paid in quarterly installments for the period of covered noncompliance. All quarterly payments, determined without regard to any adjustment or any subtraction under 75-2-422(1)(b), after the first payment shall be equal.
(2) The first payment shall be due on the date 6 months after the date of issuance of the notice of noncompliance under 75-2-425 with respect to any source. Such first payment shall be in the amount of the quarterly installment for the upcoming quarter, plus the amount owed for any preceding period within the period of covered noncompliance for such source.
(3) For the purpose of this section, the term "period of covered noncompliance" means the period which begins on the date of issuance of the notice of noncompliance under 75-2-425 and ends on the date on which such source comes into or, for the purpose of establishing the schedule of payments, is estimated to come into compliance with such requirement.
History: En. Sec. 9, Ch. 560, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-424. Adjustment of fee

75-2-424. Adjustment of fee.
(1) The department shall adjust from time to time the amount of the penalty assessment calculated or the payment schedule proposed by such owner or operator under 75-2-425(2)(a) if the department finds after notice and opportunity for a hearing on the record that the penalty or schedule does not meet the requirements of 75-2-421 through 75-2-429.
(2) Upon making a determination that a source with respect to which a penalty has been paid under 75-2-421 through 75-2-429 is in compliance and is maintaining compliance with the applicable requirement, the department shall review the actual expenditures made by the owner or operator of such source for the purpose of attaining and maintaining compliance and shall make a final adjustment within 180 days after such source comes into compliance and:
(a) provide reimbursement with interest to be paid by the state at appropriate prevailing rates for overpayment by such person; or
(b) assess and collect an additional payment with interest at appropriate prevailing rates for any underpayment by such person.
History: En. Sec. 10, Ch. 560, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-425. Notice of noncompliance -- challenge

75-2-425. Notice of noncompliance -- challenge.
(1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421(1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncompliance.
(2) Each person to whom notice has been given pursuant to subsection (1) shall:
(a) calculate the amount of penalty owed (determined in accordance with 75-2-422(1)) and the schedule of payments (determined in accordance with 75-2-423) for each source and, within 45 days after issuance of the notice of noncompliance, submit that calculation and proposed schedule, together with the information necessary for an independent verification thereof, to the department; or
(b) submit to the board a petition within 45 days after the issuance of such notice, challenging such notice of noncompliance or alleging entitlement to an exemption under 75-2-421(2) with respect to a particular source.
(3) Each person to whom notice of noncompliance is given shall pay the department the amount determined under 75-2-422 as the appropriate penalty unless there has been a final determination granting a petition filed pursuant to subsection (2)(b).
History: En. Sec. 11, Ch. 560, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-426. Hearing on challenge

75-2-426. Hearing on challenge.
(1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425(2)(b) with respect to such source.
(2) If the petition is denied, the petitioner shall submit the material required by 75-2-425(2)(a) to the department within 45 days of the date of decision.
History: En. Sec. 12, Ch. 560, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-427. Deposit of noncompliance penalty fees

75-2-427. Deposit of noncompliance penalty fees.
All noncompliance penalties collected by the department pursuant to 75-2-421 through 75-2-429 shall be deposited in the state special revenue fund until a final determination and adjustment have been made as provided in 75-2-424 and amounts have been deducted by the department for costs attributable to implementation of 75-2-421 through 75-2-429 and for contract costs incurred pursuant to 75-2-422(3), if any. After a final determination has been made and additional payments or refunds have been made, the penalty money remaining shall be transferred to the state general fund.
History: En. Sec. 13, Ch. 560, L. 1979; amd. Sec. 1, Ch. 277, L. 1983.