Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1233 - PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES

Current through Register Vol. 13, July 5, 2024
(1) The department shall provide to the
				administrator a copy of each proposed and each final air quality operating
				permit, including any permit that has been appealed to the Board of
				Environmental Review, if the board has directed the department to issue a
				permit that differs from the proposed permit previously forwarded to the
				administrator for review in compliance with this section.
(2) An applicant shall provide a copy of each
				air quality operating permit application and each minor or significant permit
				modification application (including the compliance plans) directly to the
				administrator. To the extent practicable, the information required under this
				section shall be provided in computer-readable format compatible with the
				administrator's national database management system.
(3) The department shall keep for five years
				such records and submit to the administrator such information as the
				administrator reasonably requires to ascertain whether the state program
				complies with the requirements of the FCAA and 40 CFR Part 70.
(4) The department shall give notice of each
				draft air quality operating permit to any affected state on or before the time
				that the department provides this notice to the public under ARM
				17.8.1232, except to the extent
				ARM 17.8.1226(4) or
				(8) requires the timing of the notice to be
				different. The department shall also give notice to any affected state of any
				appeal of an operating permit to the board, on or before the date that the
				department provides this notice to the public.
(5) The department shall, as part of the
				submittal of the proposed air quality operating permit to the administrator (or
				as soon as possible after the submittal for minor permit modification
				procedures allowed under ARM
				17.8.1226(4) or
				(8) ) notify the administrator and any
				affected state in writing of any refusal by the department to accept all
				recommendations for the proposed permit submitted by the affected state during
				the public comment or affected state review period. The notice shall include
				the department's reasons for not accepting any such recommendation. The
				department is not required to accept recommendations that are not based on
				applicable requirements or the requirements of this subchapter. Those
				requirements designated as not being federally enforceable may not serve as the
				basis for such recommendations.
(6)
				No air quality operating permit for which an application must be transmitted to
				the administrator under (2), shall be issued if the administrator objects in
				writing to its issuance within 45 days of receipt of the proposed permit and
				all necessary supporting information. Objections by the administrator shall
				only be based on the grounds that the permit did not demonstrate or require
				compliance with applicable requirements or comply with the requirements of this
				subchapter. Those requirements designated as not being federally enforceable
				may not serve as the basis for such objections.
(7) Any objection by the administrator under
				(6), shall include a statement of the administrator's reasons for objection and
				a description of the terms and conditions that the air quality operating permit
				must include to respond to the objection. The administrator shall provide to
				the permit applicant a copy of the objection.
(8) The failure of the department to do any
				of the following shall also constitute grounds for an objection by the
				administrator:
(a) comply with (1) through
				(5) ;
(b) submit any information
				necessary to adequately review the proposed permit; or
(c) process the permit under the procedures
				approved to meet ARM 17.8.1232, except for those actions by the department that
				are not subject to ARM 17.8.1232.