Title 75, Title 75

(1) Records or other information concerning air pollutant sources that are furnished to or obtained by the department are a matter of public record and open to public use. However, any information unique to the owner or operator of an air pollutant source that would, if disclosed…

(1) The department shall establish a small business stationary source technical and environmental compliance assistance program. (2) The program shall: (a) provide information to small business stationary sources on compliance methods and technologies, pollution prevention, and a…

(1) Upon petition, the department may designate a source to be a small business stationary source for purposes of receiving assistance from the small business stationary source technical and environmental compliance assistance program if the stationary source does not emit more t…

(1) The department shall establish a small business stationary source representative position that is not located in a regulatory program of the department and not subject to direct supervision by a regulatory program of the department. (2) The small business stationary source re…

The board shall: (1) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to a…

(1) The department is responsible for the administration of this chapter. (2) Subject to the provisions of 75-2-207, the department shall: (a) adopt, amend, and repeal rules for the administration, implementation, and enforcement of this chapter and for fulfilling the requirement…

The department is not required to perform an analysis of greenhouse gas emissions beyond the state's borders under the provisions of Title 75, chapters 1, parts 1 and 2, from any source not subject to state enforcement pursuant to 42 U.S.C. 7543(a) for a new motor vehicle or a ne…

(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 cla…

(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.

(1) Subject to subsection (2), 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 s…

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 emi…

(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 concen…

(1) Except as provided in subsection (2), 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…

(1) The department shall by rule provide for the issuance, modification, suspension, revocation, and renewal of a permit issued under this part. (2) (a) Except as provided in 75-1-208(4)(b), 75-2-234, and subsections (2)(b) and (2)(c) of this section, not later than 180 days befo…

(1) A person who owns or is in control of a plant, building, structure, process, or equipment may apply to the department for an exemption or partial exemption from rules governing the quality, nature, duration, or extent of emissions of air pollutants. The application must be ac…

(1) (a) When the department approves or denies the application for a permit under 75-2-211 for an energy development project, the applicant or a person who has provided the department with formal comments and who is directly and adversely affected by the department's decision may…

(1) Except as provided in subsection (2), until the department issues an air quality permit pursuant to 75-2-211 or a registration in accordance with rules adopted pursuant to 75-2-234 that includes the conditions required by this section, a person may not construct, install, alt…

The department shall proceed in a reasonable and timely manner in adopting rules implementing 75-2-215.

(1) The department shall provide by rule for the issuance, expiration, modification, amendment, suspension, revocation, and renewal of operating permits as part of an operating permit program to be administered by the department under this chapter. The department shall promulgate…

(1) An application for an operating permit or renewal is not considered filed until the department has determined that it is complete. An application is complete if all fees required under 75-2-220 and all information and completed application forms required under 75-2-217 have b…

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 regulat…

(1) A person required to obtain a permit or to register a facility pursuant to this chapter shall submit to the department fees set pursuant to 75-2-112 that are sufficient to cover the reasonable costs, direct and indirect, of developing and administering the permitting or regis…

(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 requirem…

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 pa…

(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…

(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…

(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 person…

(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 c…

(1) Because of the potential emission of chlorinated dioxins, furans, heavy metals, and carcinogens as a result of the incineration of medical waste and hazardous waste and the potential health risk these chemicals pose, the department shall adopt rules establishing additional pe…

(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 alterati…

(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…

(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 n…

(1) After public hearing, a municipality or county may establish and administer a local air pollution control program if the program is consistent with this chapter and is approved by the department. (2) If a local air pollution control program established by a county encompasses…

(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 devel…

(1) When the department believes that a violation of this chapter, a rule adopted under this chapter, or a condition or limitation imposed by a permit issued pursuant to this chapter has occurred, it may cause written notice to be served personally or by certified mail on the all…

(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 contributin…

(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…

(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…

(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 unde…

(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 viola…

(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 i…

(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 i…

(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 …

(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 s…

(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 noncomplianc…

(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 sha…