17.8.514    AIR QUALITY OPEN BURNING FEES

(1) Concurrent with submittal of an air quality major open burning permit application, as required in ARM 17.8.610, the applicant shall submit an air quality major open burning permit application fee.

(2) Air quality major open burning fees are separate and distinct from any air quality operation fee required to be submitted to the department pursuant to ARM 17.8.505 or Montana air quality permit application fee required to be submitted to the department pursuant to ARM 17.8.504.

(3) An air quality major open burning permit application is incomplete until the proper air quality major open burning fee is paid to the department. If the department determines that the fee submitted with the application is insufficient, it shall notify the applicant in writing of the appropriate fee which must be paid before the major open burning permit application can be processed. If the fee assessment is appealed to the board pursuant to ARM 17.8.511, and if the fee deficiency is not corrected by the applicant, the major open burning permit application is incomplete until issuance of the board's decision or until any judicial review of the board's decision has been completed, whichever is later. Upon final disposition of an appeal, any portion of the fee due to either the department or the applicant as a result of the decision is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.

(4) The air quality major open burning permit application fee shall be based on the actual, or estimated actual, amount of air pollutants emitted by the applicant in the last calendar year during which the applicant conducted open burning pursuant to an air quality major open burning permit required under ARM 17.8.610.

(5) The air quality major open burning permit application fee is the greater of the following, as adjusted by any amount determined pursuant to (6):

(a) a fee calculated using the following formula:

tons of total particulate emitted in the previous
appropriate calendar year,
multiplied by $20.60; plus
tons of oxides of nitrogen emitted in the previous
appropriate calendar year,
multiplied by $5.15; plus
tons of volatile organic compounds emitted in the
previous appropriate calendar year,
multiplied by $5.15; or

(b) a minimum fee of $350.

(6) The department may reduce or eliminate, as appropriate, the air quality major open burning permit application fee to be collected from an applicant in recognition of the nonmonetary contributions made by the applicant to the smoke management program. The department may recognize only those nonmonetary contributions made by the applicant in the last calendar year during which the applicant conducted open burning pursuant to an air quality open burning permit for major open burning sources, required under ARM 17.8.610. To be accepted for the purpose of reducing an applicant's fees for the subsequent calendar year, a written claim for nonmonetary contributions to the smoke management program must be filed with the department no later than 60 days after the close of the calendar year during which the nonmonetary contributions were made by the applicant. A claim must describe in detail both the nature of the nonmonetary contributions and the dollar value of the contributions. Nonmonetary contributions may consist of, but are not limited to, staff time and the use of equipment, supplies, or space. The department shall review any written claims submitted, and may adjust the dollar value of the nonmonetary contributions upon finding that the value assigned to the contributions is not reasonable, the nonmonetary contributions that were made were not reasonably related to the smoke management program, or both. In no case may an applicant be reimbursed for nonmonetary contributions in excess of the applicant's assessed open burning permit fee.

History: 75-2-111, MCA; IMP, 75-2-211, 75-2-220, MCA; NEW, 1992 MAR p. 2061, Eff. 9/11/92; AMD, 1994 MAR p. 2130, Eff. 8/12/94; AMD, 1995 MAR p. 1669, Eff. 8/25/95; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1997 MAR p. 1587, Eff. 9/9/97; AMD, 1998 MAR p. 1729, Eff. 6/26/98; AMD, 2000 MAR p. 2697, Eff. 10/6/00; AMD, 2001 MAR p. 2023, Eff. 10/12/01; AMD, 2002 MAR p. 2902, Eff. 10/18/02; AMD, 2003 MAR p. 2271, Eff. 10/17/03; AMD, 2004 MAR p. 2547, Eff. 10/22/04; AMD, 2005 MAR p. 2058, Eff. 10/28/05; AMD, 2006 MAR p. 2410, Eff. 10/6/06; AMD, 2007 MAR p. 1664, Eff. 10/26/07; AMD, 2008 MAR p. 2270, Eff. 10/24/08; AMD, 2009 MAR p. 1785, Eff. 10/16/09.