17.8.1225    ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT AMENDMENTS

(1) An administrative permit amendment may be made by the department to an air quality operating permit, consistent with the following:

(a) The department shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes into the permit without providing notice to the public or affected states, provided that it designates any such permit revisions as having been made pursuant to this rule.

(b) The department shall submit a copy of the revised permit to the administrator.

(c) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

(2) If the administrative permit amendment involves a change in ownership or operational control of a source, the applicant must include in its request to the department a written agreement containing a specific date for the transfer of permit responsibility, coverage, and liability between the current and new permittee. Such an amendment shall be approved unless the department affirmatively demonstrates why such a change would violate an applicable requirement or jeopardize compliance with the terms and conditions of the operating permit.

(3) Administrative permit amendments for purposes of the acid rain portion of the permit will be governed by regulations promulgated under Title IV of the FCAA.

(4) The permit shield provided for in ARM 17.8.1214 does not apply to administrative permit amendments.

History: 75-2-217, MCA; IMP, 75-2-217, MCA; NEW, 1993 MAR p. 2933, Eff. 12/10/93; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2000 MAR p. 838, Eff. 3/31/00.