Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.826 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall notify all applicants in writing within 30 days of the date of
				receipt of an application as to the completeness of the application or any
				deficiency in the application or information submitted as provided in ARM
				17.8.759. In the event of such a
				deficiency, the date of receipt of the application will be the date on which
				the department received all required information unless the department notifies
				the applicant in writing within 30 days thereafter that the application is
				still incomplete. This, and any subsequent notice of incompleteness shall
				follow the same form and requirements as the original notice of
				incompleteness.
(2) In accordance
				with ARM 17.8.759, the department shall:
(a)
				make a preliminary determination whether construction should be approved,
				approved with conditions, or disapproved;
(b) make available, in at least one location
				in each region in which the proposed source would be constructed, a copy of all
				materials the applicant submitted, a copy of the preliminary determination, and
				a copy or summary of other materials, if any, considered in making the
				preliminary determination;
(c)
				notify the public, by advertisement in a newspaper of general circulation in
				each region in which the proposed source would be constructed, of the
				application, the preliminary determination, the degree of increment consumption
				that is expected from the source or modification, and of the opportunity for
				comment at a public hearing as well as written public comment;
(d) send a copy of the notice of public
				comment to the applicant, the administrator, and to officials and agencies
				having cognizance over the location where the proposed construction would
				occur, including any local air pollution control agencies, the chief executives
				of the city and county where the source would be located, any comprehensive
				regional land use planning agency, and any state, federal land manager, or
				Indian governing body whose lands may be affected by emissions from the source
				or modification;
(e) provide
				opportunity for a public hearing for interested persons to appear and submit
				written or oral comments on the air quality impact of the source, alternatives
				to it, the control technology required, and other appropriate
				considerations;
(f) consider all
				written comments submitted within a time specified in the notice of public
				comment and all comments received at any public hearing(s) in making a final
				decision on the approvability of the application. The department shall make all
				comments available for public inspection in the same locations where the
				department made available preconstruction information relating to the proposed
				source or modification;
(g) make a
				final determination whether construction should be approved, approved with
				conditions, or disapproved; and
(h)
				notify the applicant in writing of the final determination and make such
				notification available for public inspection at the same locations where the
				department made available preconstruction information and public comments
				relating to the source or modification.