17.8.1514    SAVINGS PROVISIONS

(1) Nothing in this subchapter shall:

(a) excuse the owner or operator of a source from compliance with any existing emission limitation or standard, or any existing monitoring, testing, reporting or recordkeeping requirement that may apply under federal, state, or local law, or any other applicable requirements under the FCAA. The requirements of this subchapter shall not be used to justify the approval of monitoring less stringent than the monitoring which is required under separate legal authority and are not intended to establish minimum requirements for the purpose of determining the monitoring to be imposed under separate authority under the FCAA, including monitoring in permits issued pursuant to Title I of the FCAA. The purpose of this subchapter is to require, as part of the issuance of a permit under Title V of the FCAA, improved or new monitoring at those emissions units where monitoring requirements do not exist or are inadequate to meet the requirements of this subchapter.

(b) restrict or abrogate the authority of the department to impose additional or more stringent monitoring, recordkeeping, testing, or reporting requirements on any owner or operator of a source under any provision of the FCAA, including but not limited to sections 7414(a) (1) and 7661c(b) , or state law, as applicable.

(c) restrict or abrogate the authority of the department to take any enforcement action under the FCAA for any violation of an applicable requirement or of any person to take action under section 7604 of the FCAA.

History: 75-2-217, 75-2-218, MCA; IMP, 75-2-217, 75-2-218, MCA; NEW, 2000 MAR p. 839, Eff. 3/31/00.