s 344.06342 H2CAAM 1991 CLEAN ACT AIR MONTANA OF (WITH REVISIONS, EFFECTIVE AS OF JULY 1, 1991) S7"^TF DOCUMENTS cnf I FCTin-., 2003 ' MCNTANA STATE L^BRAP^. MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES AIR QUALITY BUREAU JEFFREY CHAFFEE, CHIEF T. P.E., MARCH 1992 MONTANASTATELIBRARY 3 0864 1002 4382 6 TITLE 75 ENVIRONMENTAL PROTECTION CHAPTER 2 AIR QUALITY Part -- General Provisions and Administration 1 Section 75-2-101. Short title. 75-2-102. Policy and purpose. 75-2-103. Definitions. 75-2-104. Limitations -- personal cause of action unabridged. 75-2-105. Confidentiality of records. 75-2-106 through 75-2-110 reserved. 75-2-111. Powers of board. 75-2-112. Powers and responsibilities of department. 75-2-113 and 75-2-114 terminated. 75-2-115 through 75-2-120 reserved. 75-2-121. Advisory council. 75-2-122. Chairman -- secretary. 75-2-123. Meetings. Part 2 -- Standards, Permits, and Variances 75-2-201. Classifying and reporting air contaminant sources. 75-2-202. Board to set ambient air quality standards. 75-2-203. Board to set emission levels. 75-2-204. Rules relating to construction, installation, alteration, or use. 75-2-205. Public hearings on rules. 75-2-206. Study of effects of sulfur dioxide on health and environment, 75-2-207 through 75-2-210 reserved. 75-2-211. Permits for construction, installation, alteration, or use. 75-2-212. Variances -- renewals -- filing fees. 75-2-213 and 75-2-214 reserved. 75-2-215. Solid or hazardous waste incineration -- additional permit requirements. Part 3 -- Local Air Pollution Control 75-2-301. Local air pollution control programs. 75-2-302. State and federal aid. Part 4 -- rnforcement, Appeal, and Penalties 75-2 401. Enforcement. 75 2-402. Emergency procedure. 75-2-403. Inspections. 75-2-404 through 75-2-410 reserved. 75-2-411. Judicial review. 75-2-412. Criminal penalties -- injunction preserved. 75-2-413. Civil penalties -- out-of-state litigants -- effect of action. 75-2-414 through 75-2-420 reserved. 75-2-421. Persons subject to noncompliance penalties -- exemptions 75-2-422. Amount of noncompliance penalty -- late charge. 75-2-423. Manner of making payment. 75-2-424. Adjustment of fee. 75-2-425. Notice of noncompliance -- challenge. 75-2-426. Hearing on challenge. 75-2-427. Deposit of noncompliance penalty fees. 75-2-428. Effect of new standards on noncompliance penalty. 75-2-429. Effect of noncompliance penalty on other remedies. Part 1 General Provisions and Administration 75-2-101. Short title. This chapter shall be known and may be cited as the "Clean Air Act of Montana." 75-2-102. Policy and purpose. (1) It is hereby declared to be the public policy of this state and the purpose of this chapter to achieve and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. (2) It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air qual ity. (3) To these ends it is the purpose of this chapter to: (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of government; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which all values may be balanced in the public interest. 75-2-103. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply: (1) "Advisory council" means the air pollution control advisory council provided for in 2-15-2106. (2) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. (3) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in a quantity and for a duration which are or tend to be injurious to human health or welfare, animal or plant life, or property or would unreasonably interfere with the enjoyment of life, property, or the conduct of business. (4) "Board" means the board of health and environmental sciences provided for in 2-15-2104. (5) "Department" means the department of health and environmental sciences provided for in Title 2, chapter 15, part 21. (6) "Emission" means a release into the outdoor atmosphere of air contaminants. (7) "Person" means an individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the state, trust, estate, or any other legal entity and includes persons resident in Canada. 75-2-104. Limitations -- personal cause of action unabridged. Nothing in this chapter shall be construed to: (1) grant to the board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops; (2) affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution; supersede or limit the applicability of any law or ordinance relating (3) to sanitation, industrial health, or safety; (4) abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of a person to damages or other relief on account of injury to persons or property and to maintain an action or other appropriate proceeding. 75-2-105. Confidentiality of records. (1) Records or other information concerning air contaminant sources which are furnished to or obtained by the board or department are a matter of public record and open to public use. However, any information unique to the owner or operator of an air contaminant source which would, if disclosed, reveal methods or processes entitled to protection as trade secrets shall be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if he wishes such information to enjoy confidential status. The department shall be served in any such action and may intervene as a party therein. Any trade secrets not intended to be public when submitted to the board or department shall be submitted in writing and clearly marked as confidential. However, emission data shall never be considered confidential for the purposes of this section. (2) This section does not prevent the use of records or information by the board or department in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify an owner or operator or reveal information otherwise made confidential by this section. 75-2-106 through 75-2-110 reserved. 75-2-111. Powers of board. The board shall: (1) adopt, amend, and repeal rules for the administration, implementation, and enforcement of this chapter, for issuing orders under and in accordance with 42 U.S.C. 7419, and for fulfilling the requirements of 42 U.S.C. 7420 and regulations adopted pursuant thereto; (2) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter who shall be present at all hearings and take full stenographic notes of all proceedings thereat, transcripts of which will be available to the public at cost. (3) issue orders necessary to effectuate the purposes of this chapter; (4) by rule require access to records relating to emissions; (5) by rule adopt a schedule of fees required for permits and permit applications, consistent with this chapter;