Montana Air Quality Permit (15-MT-a)
Air Quality Permit Process
15-MT-a.1 to 15-MT-a.2 – Does the Facility Require a Montana Air Quality Permit Under 17.8.743
A developer may not construct, install, modify, or operate a facility listed in ARM 17.8.743 or any other facility or emitting unit, not specifically listed that has the potential to emit more than 25 tons per year of any airborne pollutant, other than lead, without a Montana air quality permit. Montana lists general exclusions to Montana’s air permit requirements in ARM 17.8.744 and lists exclusions for de minimis changes in ARM 17.8.745.
15-MT-a.3 – Pre-application Consultation (optional)
The developer may meet with the DEQ for a pre-application consultation to discuss the air emitting source, permitting process, and required application content.
15-MT-a.4 - Air Quality Permit Application and Associated Documents
The developer must complete and submit an application to the DEQ on an application form provided by the department. The application should include the following information under ARM 17.8.748:
- A map and diagram showing the location of the proposed new or modified facility or emitting unit;
- A description of the proposed new or modified facility or emitting unit, including data on expected production capacity, raw materials to be processed, and major equipment components;
- A description of any control equipment to be installed;
- A description of the composition, volume, and temperatures of the effluent stream, including the nature and extent of air contaminants emitted, quantities and means of disposal of the collected contaminants, and the air quality relationship of these factors to conditions created by existing stacks or emitting units;
- Normal and maximum operating schedules;
- Drawings, blueprints, specifications, or other information adequate to show the design and operation of process and air pollution control equipment involved;
- Process flow diagrams showing material balances;
- A detailed schedule of construction or modification;
- A description of shakedown procedures to the extent shakedown is expected to affect emissions, and the anticipated duration of the shakedown period for each new or modified emitting unit; and
- Any other information requested by the DEQ that is necessary for the department to review the application and determine whether the new or modified facility will comply with applicable standards and rules.
15-MT-a.5 to 15-MT-a.6 – Review Application Materials for Completeness
The DEQ must notify the developer/applicant in writing within 30 days after receiving an application if the application is incomplete. The DEQ’s notice must list the reasons the application is incomplete, the additional information required, and the date by which the applicant must submit any additional required information. The DEQ will accept the application upon completeness.
15-MT-a.7 – Make Preliminary Determination
Within 40 days after receiving a complete application, the DEQ must make a preliminary determination as to whether the department should issue the permit, issue the permit with conditions, or deny the permit application.
15-MT-a.8 – Provide Notice to Interested Parties and Developer of Preliminary Determination
After the DEQ makes a preliminary determination, the department must notify members of the public who requested notification subsequent to the notice required by ARM 17.8.748 and the developer/applicant of the preliminary determination. The notice must specify that interested parties and the developer/applicant may submit comments on the application and preliminary determination. The notice must specify that a complete copy of the application and the DEQ’s analysis of the application is available from the department and the air quality control region where the emitting unit is located along with the date by which parties must submit all comments.
15-MT-a.9 – Comment on Preliminary Determination
The developer and interested parties have 30 days to submit comments on the application and preliminary determination. The DEQ, on its own action, or at the request of the applicant or member of the public, may extend the comment period by 15 days.
15-MT-a.10 – Evaluate and Address Comments
Upon close of the public comment period, the DEQ evaluates and addresses any comments submitted by the developer/applicant or interested parties.
15-MT-a.11 – Issue Final Decision
After the DEQ reviews and evaluates any public comments, the department issues a final decision to issue the permit, issue the permit with conditions, or deny the permit application.
15-MT-a.12 – Does the Developer or an Interested Party Appeal the Decision
A developer or an interested party may appeal the DEQ’s decision to issue or deny the Permit to Construct and Operate an Air Contaminant Source.
15-MT-a.13 – Does the Board of Environmental Review Accept an Appeal from the Developer or an Interested Party
Upon receiving a request for appeal from the developer or an interested person, the DEQ Environmental Review Board decides whether to accept or deny the appeal.
15-MT-a.14 – Hold Hearing
If the DEQ Environmental Review Board decides to accept the appeal, the Board will hold a hearing to determine whether to overturn the DEQ’s decision to issue or deny the permit.
15-MT-a.15 – Air Quality Permit/Letter of Denial
The DEQ issues a Permit to Construct and Operate an Air Contaminant Source or issues a notice of denial to issue a Permit to Construct and Operate an Air Contaminant Source.
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