Montana Administrative Register Notice 17-310 No. 24   12/23/2010    
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In the matter of the amendment of ARM 17.8.763 pertaining to revocation of permit







            TO: All Concerned Persons


            1. On January 13, 2011, at 1:30 p.m., the Board of Environmental Review will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


            2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., January 3, 2011, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.


            3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


            17.8.763 REVOCATION OF PERMIT (1) and (2) remain the same.

            (3) When the department has attempted unsuccessfully by certified mail, return receipt requested, to deliver a notice of intent to revoke a permit to a permittee at the last address provided by the permittee to the department, the permittee is deemed to have received the notice on the date that the department publishes the last of three notices of revocation, once each week for three consecutive weeks, in a newspaper published in the county in which the permitted facility was located, if a newspaper is published in the county or if no newspaper is published in the county in a newspaper having a general circulation in the county.

            (3) and (4) remain the same, but are renumbered (4) and (5).


            AUTH:  75-2-111, 75-2-204, MCA

            IMP:  75-2-211, MCA


            REASON: The proposed revision to ARM 17.8.763 would provide a process for notice by publication of the department's intent to revoke a Montana Air Quality Permit issued under Title 17, chapter 8, subchapter 7 when an owner or operator cannot be found for service by certified mail. One of the common reasons for revocation is failure to pay annual operating fees, and there have been instances when the department has not been able to revoke a permit for failure to pay fees because the emission source was no longer operating and the owner or operator no longer was at the site and could not be found for mail delivery. Revoking the permit benefits the owner or operator because annual operating fees do not then continue to accrue. The proposed amendment also is necessary to allow the department to avoid expending resources preparing and mailing annual operating fee notices for the emission source. Notice by publication is acceptable in other contexts such as the Montana Rules of Civil Procedure.


            4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., January 20, 2011. To be guaranteed consideration, mailed comments must be postmarked on or before that date.


            5. Katherine Orr, attorney for the board, or another attorney for the Agency Legal Services Bureau, has been designated to preside over and conduct the hearing.


            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by completing a request form at any rules hearing held by the board.


            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


Reviewed by:                                                BOARD OF ENVIRONMENTAL REVIEW




/s/ David Rusoff                                   BY: Joseph W. Russell                                      

DAVID RUSOFF                                          JOSEPH W. RUSSELL, M.P.H.,

Rule Reviewer                                             Chairman


            Certified to the Secretary of State, December 13, 2010.


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