17.8.1221    OPERATION WITHOUT AN AIR QUALITY OPERATING PERMIT AND APPLICATION SHIELD

(1) Except as provided in (2) , ARM 17.8.1224(3) , and 17.8.1226(6) and (10) , no source required to obtain an air quality operating permit may operate after the time that it is required to submit a timely and complete application for a permit, except in compliance with a permit issued under this subchapter.

(2) If a source required to obtain an air quality operating permit submits a timely and complete application for permit issuance or renewal, the source's failure to have a permit is not a violation of this subchapter until the department takes final action on the permit application, except as otherwise noted in this subchapter. This protection becomes effective upon determination by the department that a timely application is administratively complete, as provided for in ARM 17.8.1205(3) , and shall cease to apply if, subsequent to the substantive completeness determination made pursuant to ARM 17.8.1220(6) , and as required by ARM 17.8.1205(3) , the applicant fails to submit by the deadline specified in writing by the department any additional information identified as being necessary to process the permit application. If the department's final action on any permit application under this subchapter is appealed to the board, the application shield, if in effect, shall remain in effect until such time as the board renders its final decision.

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.