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(1) Each air quality operating permit issued pursuant to this subchapter shall contain the following:

(a) emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance;

(b) a specific description with appropriate references of the origin of, and authority for, each term or condition contained in the permit, including a description of any differences in form as compared to the applicable requirement upon which the term or condition is based; and

(c) all relevant terms and conditions applicable to a source, including those terms and conditions that are not applicable requirements, which shall be clearly designated as such.

(2) Every requirement contained in an air quality operating permit must be based upon the following:

(a) the FCAA and rules promulgated thereunder, including the Montana State Implementation Plan and other applicable requirements;

(b) rules, requirements, administrative orders, or permits that have been promulgated, adopted, or issued pursuant to Title 75, chapter 2, MCA; or

(c) requirements contained in a judicial order or consent decree entered in response to a violation of any rule, requirement, administrative order, or permit that has been promulgated, adopted, or issued pursuant to Title 75, chapter 2, MCA.

(3) In the air quality operating permit the department shall specifically designate as being nonfederally enforceable under the FCAA any terms or conditions included in the permit that are not required under the FCAA or any applicable requirements. Those terms and conditions which the department specifically designates as being nonfederally enforceable requirements are not subject to the following rules contained in this subchapter:

(a) ARM 17.8.1210, except for (2) and (5) . However, while noncompliance with a permit term or condition that is a nonfederally enforceable requirement may result in an enforcement action by the department, it shall not result in permit revocation and reissuance, termination, or denial of a permit renewal application under this subchapter;

(b) ARM 17.8.1211, except for (1) through (3) and (7) ;

(c) ARM 17.8.1212, except for (1) (a) , (2) , (3) (a) , and (4) ;

(d) ARM 17.8.1213, except for (3) and (4) ;

(e) ARM 17.8.1215;

(f) ARM 17.8.1220, except for (1) (a) , (b) , and (d) , (6) through (9) , (12) and (13) ;

(g) ARM 17.8.1222, 17.8.1224 through 17.8.1228, 17.8.1231 and 17.8.1233.

(4) For those sources that are required to develop and register a risk management plan pursuant to section 7412(r) of the FCAA, the air quality operating permit will only require that the permittee comply with the requirement to register such a plan. The content of the plan will not be incorporated into the permit as an applicable requirement.

(5) For affected sources, the permit shall state that where an applicable requirement is more stringent than an applicable requirement from regulations promulgated under Title IV of the FCAA, both provisions shall be incorporated into the permit and shall be enforceable.

(6) If the Montana State Implementation Plan allows for the determination of an alternative emission limit that is equivalent to the limit contained in the plan, and during the air quality operating permit issuance, renewal, or significant modification process the department elects to make such a determination, any permit containing such alternative equivalent limit shall contain provisions to ensure that the limit is demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

(7) The requirement under this subchapter to obtain an air quality operating permit may not be construed as providing a basis for establishing new emission limitations beyond those contained in the underlying applicable requirements to be incorporated into the permit.

History: 75-2-217, 75-2-218, MCA; IMP, 75-2-217, 75-2-218, MCA; NEW, 1993 MAR p. 2933, Eff. 12/10/93; TRANS, from DHES, 1996 MAR p. 2285.

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