(1) For each source required to obtain an air quality operating permit, the owner or operator shall submit a timely and complete air quality operating permit or renewal application in accordance with this rule.

(2) To be considered timely for the purposes of this rule, a source that is required to obtain a permit pursuant to this subchapter must file its application with the department as follows:

(a) One-third of all sources in existence on the date this rule is adopted by the board, or sources that have obtained Montana air quality permits prior to the adoption date of this rule but commence operation after such adoption date, shall submit an air quality operating permit application no later than one year after the adoption date or within 30 days of the date the permit program is approved by the administrator (including partial or interim approval) , whichever is later. The remainder of these sources shall submit a permit application no later than one year after the date the permit program is approved by the administrator (including partial or interim approval) . Within 30 days after the adoption date of this rule, the department shall notify the 1/3 of the above-described sources that are required to submit applications for permits under this subchapter by the first deadline set forth above. The method used by the department to determine which of the above-described sources are included in the initial 1/3 must be fair and equitable and shall to the greatest extent practicable provide for a representative sample of air quality operating permit sources in terms of source size and type.

(b) A source applying for an air quality operating permit for the first time due to the applicability of newly promulgated regulations shall submit a permit application within 12 months after the source becomes subject to the permit program.

(c) Sources required to obtain an air quality operating permit or permit revision that are also required to obtain a Montana air quality permit under this chapter shall submit an application for an air quality operating permit or permit revision concurrent with the submittal of the Montana air quality permit application.

(i) The processing of the Montana air quality and operating permits will be coordinated to the greatest extent possible, but each permit will be issued according to the applicable procedures and time frames. Each application for an air quality operating permit, permit renewal, or permit revision and the associated Montana air quality permit application will be processed independently of any other pending application under this chapter, including sources with pending air quality operation permit applications who submit an application for a new or altered Montana air quality permit during the initial transition period. Submittal of new air quality permit applications shall not impede the issuance of any pending air quality permit application.

(ii) During the initial transition period, sources that receive final Montana air quality permits prior to their submittal of an operating permit application shall be required to address any changes to their facility in the operating permit application. The operating permit application shall be submitted per the schedule prescribed in (2) (a) .

(d) For renewal, a source shall submit a complete air quality operating permit application to the department not later than six months prior to the expiration of its existing permit, unless otherwise specified in that permit. If necessary to ensure that the terms of the existing permit will not lapse before renewal, the department may specify in writing to the permitted source a longer time period for submission of the renewal application. Such written notification must be provided at least one year before the renewal application due date established in the existing permit. In no case shall this extended time period or the time period established in the existing permit be greater than 18 months.

(e) Applications for initial phase II acid rain permits shall be submitted to the department by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides.

(3) To be deemed complete for the purposes of this rule, a source must file its application for an air quality operating permit, or permit revision with the department as follows:

(a) An air quality operating permit application must provide all information required pursuant to this rule and ARM 17.8.1206. An application for permit revision need supply such information only if it is related to the proposed change, and an application for renewal need only address in detail those portions of the permit application that require revision, updating, supplementation, or deletion. Information submitted pursuant to this rule and ARM 17.8.1206 must be sufficient to evaluate the subject source and its application and to determine all applicable requirements. If the applicant provides sufficient information to satisfy the requirements of the application completeness checklist then the application shall be deemed to be administratively complete for the purposes of applying the application shield provided for in ARM 17.8.1221, and the department shall notify the applicant of such administrative completeness. Use of the completeness checklist is not intended to replace a substantive completeness review and determination pursuant to this subchapter, but is only intended to facilitate the application of the application shield. A responsible official shall certify the submitted information consistent with ARM 17.8.1207. Except as otherwise provided in ARM 17.8.1220(6) and (7) , unless the department determines that an air quality operating application is not substantively complete within 60 days of receipt of the application, such application shall be deemed to be substantively complete.

(b) If, while processing an application for an air quality operating permit or permit revision that has been determined or deemed to be substantively complete, the department determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response (not less than 15 days) .

(c) The source's ability to operate without an air quality operating permit, as set forth in ARM 17.8.1221(2) , shall be in effect from the date the application is determined or deemed to be administratively complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the department.

(d) Sources that would qualify for a general air quality operating permit must provide written notification to the department of their intent to operate under the terms of the general permit, or must apply for an air quality operating permit consistent with (1) . The terms of the general permit adopted pursuant to ARM 17.8.1222 may provide for applications which deviate from the requirements of (1) , and ARM 17.8.1206, provided that such requirements are consistent with Title V of the FCAA, and include all information necessary for the department to determine qualification for, and assure compliance with, the general permit.

(e) An application for an air quality operating permit revision that is submitted as a minor modification shall meet the requirements of ARM 17.8.1206, and shall include the following:

(i) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(ii) the source's suggested draft permit;

(iii) certification by a responsible official, consistent with ARM 17.8.1207, that the proposed permit modification meets the criteria for use of minor modification procedures and a request that such procedures be used; and

(iv) completed forms for the department to use to notify the administrator and affected states as required under ARM 17.8.1233.

(f) An application for an air quality operating permit revision that is submitted as a group processing of minor modifications shall meet the requirements of ARM 17.8.1206, and shall include the following:

(i) a description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(ii) the source's suggested draft permit;

(iii) certification by a responsible official, consistent with ARM 17.8.1207, that the proposed permit modification meets the criteria for use of group processing procedures and a request that such procedures be used;

(iv) a list of the source's other pending permit modification applications awaiting group processing, and a determination of whether the requested modification, when aggregated with these other applications, equals or exceeds the threshold set under ARM 17.8.1226(7) (b) ;

(v) certification, consistent with ARM 17.8.1207, that the source has notified the administrator of the proposed modification. Such notification need only contain a brief description of the requested modification; and

(vi) completed forms for the department to use to notify the administrator and affected states as required under ARM 17.8.1233.

(4) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in an application for an air quality operating permit or permit revision shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a substantively complete application, but prior to release of a draft permit.

(5) Where an applicant has submitted information to the department under a judicial determination of confidentiality, the source must submit a copy of such information directly to the administrator. This requirement does not preclude or limit in any manner the right of the applicant to assert to the administrator the confidential status and nature of the information.