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17.8.1215    REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO OPERATIONAL FLEXIBILITY

(1) If requested by the applicant, the department shall issue an air quality operating permit that contains terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the department. Such terms and conditions shall:

(a) require the source, contemporaneously with making a change from one reasonably anticipated operating scenario to another, to record in a log at the permitted facility a record of the reasonably anticipated scenario under which it is operating;

(b) extend the permit shield described in ARM 17.8.1214 to all terms and conditions under each such reasonably anticipated operating scenario;

(c) require the source to provide contemporaneous written notification when the source shifts from one specified reasonably anticipated operating scenario to another such operating scenario; and

(d) ensure that the terms and conditions of each such reasonably anticipated operating scenario meet all applicable requirements and the requirements of this subchapter.

(2) A change in operating conditions at a source that does not violate an applicable requirement does not require the use of a reasonably anticipated operating scenario.

(3) If requested by the applicant, the department shall issue an air quality operating permit which contains terms and conditions for the trading or averaging of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading or averaging such increases and decreases without case-by-case review and approval. Emissions trading or averaging may occur subject to the terms and conditions in the permit without being included in a reasonably anticipated operating scenario. Such terms and conditions shall:

(a) include all terms required under ARM 17.8.1210 through 17.8.1213 and this rule to determine compliance;

(b) extend the permit shield described in ARM 17.8.1214 to all terms and conditions that allow such increases and decreases in emissions;

(c) provide for the written notification required in ARM 17.8.1224(1) (e) , which will state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit; and

(d) meet all applicable requirements and requirements of this chapter.

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; AMD, 1995 MAR p. 535, Eff. 4/14/95; TRANS, from DHES, 1996 MAR p. 2285.

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