Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.614 - COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue an air quality commercial film production open burning permit for
				open burning of otherwise prohibited material as part of a commercial,
				educational film, or video production for motion pictures or television. Use of
				pyrotechnic special effects materials, including bulk powder compositions and
				devices, smoke powder compositions and devices, matches and fuses, squibs and
				detonators, and fireworks specifically created for use by special effects
				pyrotechnicians for use in motion picture or video productions is not
				considered open burning.
(2) The
				department may issue an air quality commercial film production open burning
				permit under this rule if the department determines that emissions from open
				burning will not endanger public health or welfare or cause or contribute to a
				violation of any Montana or federal ambient air quality standard.
(3) A permit issued under this rule is valid
				for a single production.
(4) Open
				burning under this rule must conform with BACT.
(5) The department may place any reasonable
				requirements in an air quality commercial film production open burning permit
				issued under this rule that the department determines will reduce emissions of
				air pollutants or minimize the impact of emissions, and the recipient of a
				permit must adhere to those conditions.
(6) An application for an air quality
				commercial film production open burning permit must be made on a form provided
				by the department. The applicant shall provide adequate information to enable
				the department to determine whether the application satisfies the requirements
				of this rule for a permit. Proof of publication of public notice, as required
				by (7), must be submitted to the department before an application will be
				considered complete.
(7) An
				applicant for an air quality commercial film production open burning permit
				shall notify the public of its application by legal publication, at least once,
				in a newspaper of general circulation in the area affected by the application.
				The notice must be published no sooner than ten days prior to submittal of the
				application and no later than ten days after submittal of the application. Form
				of the notice must be provided by the department and must include a statement
				that public comments may be submitted to the department concerning the
				application within 20 days after publication of notice or filing of the
				application, whichever is later. A single public notice may be published for
				multiple applicants.
(8) When the
				department approves or denies the application for a permit under this rule, a
				person who is directly and adversely affected by the department's decision may
				request a hearing before the board in the manner provided in
				75-2-211, MCA.
AUTH:
					 75-2-111,
					 75-2-203, MCA; IMP:
					 75-2-203,
					 75-2-211,
					 MCA