AIR QUALITY 17.8.101 

SUbchapter 1 

General Provisions 

17.8.101 DEFINITIONS As used in this chapter, unless indicated otherwise 

in a specific sUbchapter, the following definitions apply: 

(1) "Administrator" means the administrator of the U.S. Environmental 

Protection Agency or the administrator's designee. 

(2) "Air pollutant$" has the meaning provided in 75~2-1 03(3), MCA. 

(3) "Air quality operating permit" means any permit or group of permits 

issued, renewed, revised, amended, or modified pursuant to subchapter 12 of this 

chapter. 

(4) "Montana air quality permit" means a permit issued, altered or modified 

pursuant to sUbchapters 7,8, 9,.or 10 of this chapter. 

(5) "Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits which restrict the operating rate or hours of 

operation, or both) and the most stringent of the following: 

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341; 

(b) the applicable emissions limitation contained in the Montana state 

implementation plan, including those with a future compliance date; or 

(c) the emissions rate specified as a federally enforceable permit condition. 

(6) "Ambient air" means that portion of the atmosphere, external to bUildings, 

to which the general public has access. 

(7) "Ambient air monitoring" means measurement of any air pollutant, odor, 

meteorological or atmospheric characteristic, or any physical or biological condition 

resulting from the effects of air pollutants or meteorological atmospheric conditions 

provided the measurement is performed in an area constituting ambient air. 

(8) "Boiler or industrial furnace" means any source or emitting unit that is 

subject to the provisions of 75-1 0-405(2)(f) and 75-10-406, MCA, and rules 

promulgated thereunder defining the class of activities subject to regulation under 

those sections, found at ARM Title 17, chapter 53, SUbchapter 10. 

(9) "Commercial hazardous waste incinerator" has the meaning provided in 

75-2-103(6), MCA. 

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-225
 
17.8.101	 ENVIRONMENTAL QUALITY
 

(10) "Commercial medical waste incinerator" means any incinerator that 

incinerates medical waste, except that "commercial medical waste incinerator" does 

not include hospital or medical facility incinerators that primarily incinerate medical 

waste generated onsite. 

(11) "Control equipment" means any device or contrivance which prevents, 

removes, controls or abates emissions. 

(12) "Emission" has the meaning prOVided in 75-2-103(8), MCA. 

(13) "Emission standard" means an allowable rate of emissions or level of 

opacity, or a requirement that certain equipment, work practices or operating 

conditions be employed to assure continuous emission control. An emission 

standard may be contained in a rule or regulation, consent decree, judicial or 

administrative order, or permit condition. 

(14) "EPA" means the U.S. Environmental Protection Agency. 

(15) "FCAA" means the Federal Clean Air Act, 42 USC 7401, et seq. 

(16) "Federally enforceable" means all limitations and conditions which are 

enforceable by the administrator, including those requirements developed pursuant 

to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation 

Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under 

.	 regUlations approved pursuant to 40 CFR Part 51, SUbpart I, including operating 

permits issued under an EPA-approved program that is incorporated into the 

Montana State Implementation Plan and expressly requires adherence to any permit 

issued under such program. 

(17) "Fuel burning equipment" means any furnace, boiler, apparatus, stack, 

or appurtenances thereto used in the process of burning fuel or other combustible 

material for the primary purpose of producing heat or power by indirect heat transfer. 

(18) "Fugitive emissions" means those emissions which could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening. 

(19) "Hazardous air pollutant (HAP)" means any air pollutant listed as a
 

hazardous air pollutant pursuant to section 112(b)(1) of the FCAA.
 

(20) "HazardOUS waste" has the meaning provided in 75-2-103(10), MCA. 

(21) "Hazardous waste incinerator" means any incinerator that incinerates
 

hazardous waste.
 

(22) "Incinerator" has the meaning provided in 75-2-103(11), MCA. 

(23) "Medical waste" has the meaning provided in 75-2-103(12), MCA. 

17-226 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.101
 

(24) "Montana state implementation plan" means the state implementation 

plan adopted by EPA for the state of Montana pursuant to the FCAA, found at 40 

CFR Part 52, sUbpart BB. 

(25) "Multiple chamber incinerator" means any incinerator consisting of three 

or more refractory lined combustion furnaces in series physically separated by 

refractory walls, interconnected by gas passage ports or ducts and employing 

adequate parameters necessary for maximum combustion of the material to be 

burned. 

(26) "Odor" means that property of an emission which stimulates the sense 

of smell. 

(27) "Opacity" means the .degree, expressed in percent, to which emissions 

reduce the transmission of light and obscure the view of an object in the 

background. Where the presence of uncombined water is the only reason for failure 

of an emission to meet an applicable opacity limitation contained in this chapter, that 

limitation shall not apply. For the purpose of this chapter, opacity determination shall 

follow all requirements, procedures, specifications, and guidelines contained in 40 

CFR Part 60, Appendix A, method 9, or by an in-stack transmissometer which 

complies with all requirements, procedures, specifications and guidelines contained 

in 40 CFR Part 60, Appendix B, performance specification 1. 

(28) "Owner or operator" means any person who owns, leases, operates, 

controls, or supervises a source or alteration, or the authorized agent of the owner, 

or the person who is legally responsible for the overall operation of the source or 

alteration. 

(29) "Particulate matter" means any material, except water in uncombined 

form, that is or has been airborne, and exists as a liquid or a solid at standard 

conditions. For the purposes of this definition, standard conditions are defined in the 

applicable test method. 

(30) "Person" has the meaning provided in 75-2-103(13), MCA. 

(31) "PM" means all applicable de'f1nitions of particulate matter that specify 

an aerodynamic size class. 

(32) "PM-2.5" means particulate matter with an aerodynamic diameter of less 

than or equal to a nominal 2.5 micrometers as measured by a reference method 

based on 40 CFR Part 50, Appendix L, and designated in accordance with 40 CFR 

Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53. 

(33) "PM-10" means particulate matter with an aerodynamic diameter of less 

than or equal to a nominal 10 micrometers as measured by a reference method 

based on 40 CFR Part 50, Appendix J, and designated in accordance with 40 CFR 

Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53. 

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-227
 
17.8.101 ENVIRONMENTAL QUALITY 

(34) "PM·10 emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the 

ambient air as measured by an applicable reference method as specified in 40 CFR 

Part 51, Appendix M and condensable emiss'ions measured by an irnpinger method, 

or by an alternative equivalent test method approved by the department. If the use 

of an alternative test method requires approval by the administrator, that approval 

must also be obtained. 

(35) "Premises" means any property, piece of land or real estate or building. 

(36) "Solid waste" has the meaning provided in 75-2-103(16), MCA. 

(37) "Solid waste incinerator" means any incinerator that incinerates solid 

waste. 

(38) "Source" means any person, real property or personal property located 

on one or more contiguous or adjacent properties under the control of the same 

owner or operator which contributes or would contribute to air pollution, including 

associated control equipment that affects or would affect the nature, character, 

composition, amount or environmental impacts of air pollution. 

(39) "Stack, vent, or roof monitor" means any flue, conduit, chimney, vent, or 

duct arranged to conduct emissions. 

(40) "Total suspended particulate" means particulate matter as measured by 

the method described in 40 CFR Part 50, Appendix B. 

(41) "Volatile organic compounds (VOC)" means the same as defined in 40 

CFR 51.1 OO(s). 

(42) "Wood waste burner" means a device commonly called a tepee burner, 

silo, truncated cone, wigwam burner, or other similar burner commonly used by the 

wood products industry for the disposal of wood. (History: 75-2-111, MCA; IMP, 

Title 75, chapter 2, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1727, Eff. 12/29/78; 

AMD, 1982 MAR p. 697, Eff. 4/16/82; AMD, 1985 MAR p.. 1326, Eff. 9/13/85; AMD, 

1986 MAR p. 2007, Eff. 12/12/86; AMD, 1988 MAR p. 826, Eff. 4/29/88; AMD, 1993 

MAR p. 2919, Eff. 12/10/93; AMD, 1995 MAR p. 2410, Eff. 11/10/95; AMD, 1996 

MAR p. 1843, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1998 MAR 

p. 1725, Eff. 6/26/98; AMD, 2000 MAR p. 836, Eff. 3/31/00; AMD, 2001 MAR p. 976, 

Eff. 6/8/01; AMD, 2002 MAR p. 1747, Eff. 6/28/02; AMD, 2002 MAR p. 3567, Eff. 

12/27/02; AMD, 2003 MAR p. 645, Eff. 4/11/03; AMD, 2006 MAR p' 1956, Eff. 

8/11/06.) 

NEXT PAGE IS 17-233
 

17-228 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.103
 

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) Unless expressly provided otherwise, in this chapter where the board has: 

(a) adopted a federal regulation by reference, the reference is to the July 1, 

2006, edition of the Code of Federal Regulations (CFR); 

(b) adopted a section of the United States Code (USC) by reference, the 

reference is to the 2000 edition of the USC and Supplement IV (2006); 

(c) adopted another rule of the department or of another agency of the state 

of Montana by reference, the reference is to the December 31, 2006, edition of the 

Administrative Rules of Montana (ARM). (History: 75-2-111, MCA; IMP, Title 75, 

chapter 2, MCA; NEW, 1996 MAR p. 1844, Eft. 7/4/96; TRANS, from DHES, 1996 

MAR p. 2285; AMD, 1997 MAR p. 1581, Eft. 9/9/97; AMD, 1998 MAR p. 1725, Eft. 

6/26/98; AMD, 1999 MAR p. 2250, Eft. 10/8/99; AMD, 2000 MAR p. 2696, Eft, 

10/6/00; AMD, 2001 MAR p. 1468, Eft. 8/10/01; AMD, 2002 MAR p. 1747, Eft. 

6/28/02; AMD, 2003 MAR p. 645, Eft. 4/11/03; AMD, 2004 MAR p. 724, Eft. 4/9/04; 

AMD, 2005 MAR p. 959, Eft. 6/17/05; AMD, 2006 MAR p. 1956, Eft. 8/11/06; AMD, 

2007 MAR p. 1663, Eft. 10/26/07.) 

17.8.103 INCORPORATION BY REFERENCE AND AVAILABILITY OF 

REFERENCED DOCUMENTS (1) For the purposes of this sUbchapter, the board 

adopts and incorporates by reference the following: 

(a) 40 CFR Part 50, Appendix B, pertaining to the reference method for the 

determination of suspended particulate matter in the atmosphere (high-volume 

method); 

(b) 40 CFR Part 50, Appendix J, pertaining to reference methods for the 

determination of particulate matter as PM-10 in the atmosphere; 

(c) 40 CFR Part 51, Appendix M, pertaining to recommended test methods 

for state implementation plans; 

(d) 40 CFR Part 51, Appendix P, pertaining to EPA minimum emission 

monitoring requirements; , 

(e) 40 CFR Part 53, pertaining to ambient air monitoring reference methods 

and equivalent methods; 

(f) 40 CFR Part 60, Appendix A, pertaining to EPA emission source reference 

test methods for stationary sources; 

(g) 40 CFR Part 60, Appendix B, pertaining to EPA performance specification 

and test procedures for continuous emission monitoring systems; 

(h) 40 CFR Part 61, Appendix B, pertaining to EPA emission source 

reference test methods for sources subject to national emission standards for 

hazardous air pollutants; 

(i) 40 CFR Part 63, pertaining to emission standards for hazardous air 

pollutant source categories; 

U) ARM Title 17, chapter 53, sUbchapter 5, pertaining to the identification and 

listing of hazardous waste; 

(k) ARM Title 17, chapter 53, sUbchapter 10, pertaining to standards for the 

management of specific hazardous wastes and specific types of hazardous waste 

management facilities; 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-233
 
17.8.103 ENVIRONMENTAL QUALITY
 

(I) section 75-10-403(8), MCA, pertaining to the statutory de'finition of 

"hazardous waste"; 

(m) section 112(b)(1) of the Federal Clean Air Act (FCAA), as codified in 42 

USC 7412(b)(1), pertaining to substances designated as hazardous air pollutants; 

(n) the Montana Source Test Protocol and Procedures Manual (July 1994 

ed.), a department manual pertaining to sampling and data collection, recording, 

analysis, and transmittal requirements; and 

(0) the Quality Assurance Handbook for Air Pollution Measurement Systems, 

Volume I: A Field Guide to Environmental Quality Assurance (EPA-600/R-94/038a, 

revised April 1994); Quality Assurance Handbook for Air Pollution Measurement 

Systems, Volume II: Part 1 Ambient Air Quality Monitoring Program Quality System 

Development (EPA-454/R-98/004, revised August 1998); Quality Assurance 

Handbook for Air Pollution Measurement Systems, Volume III: Stationary Source 

Specific Methods (EPA-600/R-94/038c, revised September 1994); and Quality 

Assurance Handbook for Air Pollution Measurement Systems, Volume IV: 

Meteorological Methods (EPA-600/R-94/038d, revised March 1995), a federal 

manual pertaining to sampling and data collection, recording, analysis, and 

transmittal reqUirements. 

(2) A copy of materials incorporated by reference in this subchapter is 

available for public inspection and copying at the Department of Environmental 

QualitY, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605­

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. 

Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; 

fax: (513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination 

(Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; 

phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: 

orders@gpo.gov; web: http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/ 

libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). (History: 75-2-111, MCA; IMP, Title 75, chapter 2, 

MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; AMD, 1994 MAR p. 2828, Eff. 

10/28/94; AMD, 1~96 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 

2285; AMD, 1997 MAR p. 1581, Eff. 9/9/97; AMD, 1999 MAR p. 2250, Eff. 10/8/99; 

AMD, 2000 MAR p. 2696, Eff. 10/6/00; AMD, 2001 MAR p. 1468, Eff. 8/10/01; AMD, 

2003 MAR p. 645, Eff. 4/11/03; AMD, 2004 MAR p. 724, Eff. 4/9/04; AMD, 2005 

MAR p. 959, Eff. 6/17/05; AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 

1663, Eff. 10/26/07.) 

Rule 17.8.104 reserved 

NEXT PAGE IS 17-237
 

17-234 12/31/07 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.602
 

. (9) "Salvage operation" means any operation conducted in whole or in part to 

salvage or reclaim any product or material, except the silvicultural practice 

commonly referred to as a salvage cut. 

(10) "Trade wastes" means solid, liquid, or gaseous material resulting from 

construction or operation of any business, trade, industry, or demolition project. 

Wood product industry wastes such as sawdust, bark, peelings, chips, shavings, and 

cull wood are considered trade wastes. Trade wastes do not include wastes 

generally disposed of by essential agricultural open burning, prescribed wildland 

open burning, or Christmas tree waste, as defined in this rule. 

(11) "Wood waste burner" means a device commonly called a tepee burner,
 

silo, truncated cone, wigwam burner, or other similar burner commonly used by the
 

wood products industry to dispose of wood. (History: 75-2-111, 75-2-203, MCA;
 

IMP, 75-2-203, MCA; NEW, 1982 MAR p. 688, Eft. 4/16/82; AMD, 1994 MAR p.
 

2528, Eft. 9/9/94; AMD, 1995 MAR p. 2412, Eft. 11/10/95; TRANS, from DHES,
 

1996 MAR p. 2285; AMD, 1999 MAR p. 1660, Eft. 7/23/99; AMD, 2002 MAR p.
 

3586, Eft. 12/27/02.)
 

17.8.602 INCORPORATION BY REFERENCE (1) For the purposes of this 

SUbchapter, the board adopts and incorporates by reference ARM Title 17, chapter 

.53, subchapter 5, identifying and defining hazardous wastes. 

(2) A copy of ARM Title 17, chapter 53, subchapter 5, is available for public
 

inspection and copying at the Department of Environmental Quality, 1520 E. 6th
 

Ave., P.O. Box 200901, Helena, MT 59620-0901.
 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road,
 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605­


6900; e-mail: orders@ntis.gov; web: http://www.ntis..gov;
 

(b) National Service Center for Environmental Publications (NSCEP), P.O. 

Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; 

fax: (513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ 

ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination 

(Superintendent of Documents), P.O. Box 371954, Pittsburg, PA 15250-7954; 

phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: 

orders@gpo.gov; web: http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natli!:)ra/
 

libraries.htm.
 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

MCA; NEW, 1996 MAR p. 1844, Eft. 7/4/96; TRANS, from DHES, 1996 MAR p. 

2285; AMD, 1997 MAR p. 1581, Eft. 9/9/97; AMD, 2001 MAR p. 1468, Eft. 8/10/01; 

AMD, 2005 MAR p. 959, Eft. 6/17/05; AMD, 2007 MAR p. 1663, Eft. 10/26/07.) 

Rule 17.8.603 reserved 

NEXT PAGE IS 17-395 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-393 
AIR QUALITY 17.8.801
 

Subchapter 8 

Prevention of Significant Deterioration of Air Quality 

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: 

(1) "Actual emissions" means the actual rate of emissions of a pollutant from 

an emissions unit, as determined in accordance with (1 )(a) through (c). 

(a) Actual emissions as of a particular date shall equal the average rate, in
 

tons per year, at which the unit actually emitted the pollutant during a two-year
 

period which precedes the particular date and which is representative of normal
 

source operation. The department may determine that a different time period is
 

more representative of normal source operation. Actual emissions shall be
 

calculated using the unit's actual operating hours, production rates, and types of
 

materials processed, stored, or combusted during the selected time period.
 

(b) The department may presume that source-specific allowable emissions
 

for the unit are equivalent to the actual emissions of the unit.
 

(c) For any emissions unit which has not begun normal operations on the
 

particular date, actual emissions shall equal the potential to emit of the unit on that
 

date.
 

(2) "Allowable emissions" means the emissions rate of a stationary source
 

calculated using the maximum rated capacity of the source (unless the source is
 

sUbject to federally enforceable limits which restrict the operating rate or hours of
 

operation, or both) and the most stringent of the following:
 

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341; 

(b) the applicable Montana State Implementation Plan emissions limitation,
 

inclUding those with a future compliance date; or
 

(c) the emissions rate specified as a federally enforceable permit condition,
 

including those with a future compliance date.
 

(3) "Baseline area" means any intrastate area (and every part thereof)
 

designated as attainment or unclassifiable in 40 CFR 81.327 in which the major
 

source or major modification establishing the minor source baseline date would
 

.construct or would have an air quality impact equal to or greater than one lJg/m3 

(annual average) of the pollutant for which the minor source baseline date is 

established. 

(a) Area redesignations under section 107 of the FCAA to attainment or
 

unclassifiable cannot intersect or be smaller than the area of impact of any major
 

stationary source or major modification which:
 

(i) establishes a minor source baseline date; or 

(ii) is subject to 40 CFR 52.21 or regulations approved pursuant to 40 CFR
 

51.166, and would be constructed in the same state as the state proposing the
 

redesignation.
 

(b) Any baseline area established originally for the total suspended 

particulate increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM-10 increments, except that such baseline 

area shall not remain in effect if the department rescinds the corresponding minor 

source baseline date in accordance with (21)(d). 

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-471 
17.8.801 ENVIRONMENTAL QUALITY 

(4) "Baseline concentration" means that ambient concentration level which 

exists in the baseline area at the time of the applicable minor source baseline date. 

(a) A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and shall include: 

(i) the actual emissions representative of sources in existence on the 

applicable minor source baseline date, except as provided in (4)(b); and 

Oi) the allowable emissions of major stationary sources which commenced 

construction before the major source baseline date, but were not in operation by the 

applicable minor source baseline date. . 

(b) The following will not be included in the baseline concentration and will 

affect the applicable maximum allowable increase(s): 

(i) actual emissions from any major stationary source on which construction 

commenced after the major source baseline date; and 

(ii) actual emissions increases and decreases at any stationary source 

occurring after the minor source baseline date. 

(5) "Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent storage 

structures. With respect to a change in method of operation this term refers to those 

on-site activities, other than preparatory activities, which mark the initiation of the 

change. 

(6) "Best available control technology (BACT)" means an emissions limitation 

(including a visible emissions standard) based on the maximum degree of reduction 

for each pollutant SUbject to regulation under the FCAA, excluding hazardous air 

pollutants except to the extent that such hazardous air pollutants are regulated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA, 

which would be emitted from any proposed major stationary source or major 

modification which the department, on a case-by-case basis, taking into account 

energy impacts, environmental impacts (including, but not limited to, the effect of the 

control technology option on hazardous air pollutants), and economic impacts and 

other costs, determines is achievable for such source or modification through 

application of production processes or available methods, systems, and techniques, 

including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of BACT result in emissions of 

any pollutant which would exceed the emissions allowed by any applicable standard 

under ARM 17.8.340 and 17.8.341. If the department determines that technological 

or economic limitations on the application of measurement methodology to a 

particular emissions unit would make the imposition of an emissions standard 

infeasible, any design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the 

application of BACT. Such standard shall, to the degree possible, set forth the 

emissions reduction achievable by implementation of such design, eqUipment, work 

practice, or operation, and shall proVide for compliance by means which achieve 

equivalent results. 

17-472 12/31/07 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.801 

(7) "Building, structure, facility, or installation" means all of the pollutantemitting activities which belong to the same industrial grouping, are located on one 

or more contiguous or adjacent properties, and are under the control of the same 

person (or persons under common control) except the activities of any vessel. 

Pollutant-emitting activities shall be considered as part of the same industrial 

grouping ifthey belong to the same major group (i.e., which have the same two-digit 

code) as described in the standard industrial classification manual, 1987. 

(8) "Commence", as applied to construction of a major stationary source or 

major modification, means that the owner or operator has all necessary 

preconstruction approvals or permits and either has: 

(a) begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

(b) entered into binding agreements or contractual obligations, which cannot 

be canceled or modified without substantial loss to the owner or operator, to 

undertake a program of actual construction of the source to be completed within a 

reasonable time. 

(9) "Complete" means, in reference to an application for a permit, that the 

application contains' all the information necessary for processing the application, 

except that designating an application complete for purposes of permit processing 

does not preclude the department from requesting or accepting any additional 

information. 

(10) "Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of 

an emissions unit) which would result in a change in actual emissions. 

(11) "Emissions unit" means any part of a stationary source which emits or 

would have the potential to emit any pollutant subject to regulation under the FCAA. 

(12) "Federalland manager" means, with respeet to any lands in the United 

States, the secretary of the department with authority over such lands. 

(13) "Federally enforceable" means all limitations and conditions which are 

enforceable by the administrator, including those requirements developed pursuant 

to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation 

Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR Part 51, sUbpart I, including operating 

permits issued under an EPA-approved program that is incorporated into the 

Montana State Implementation Plan and expressly requires adherence to any permit 

issued under such program. 

(14) "Fugitive emissions" means those emissions which could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening. 

(15) "High terrain" means any area having an elevation 900 feet or more 

above the base of the stack of a source. 

(16) "Indian governing body" means the governing body of any tribe, band, or 

group of Indians subject to the jurisdiction of the United States and recognized by 

the United States as possessing power of self-government. 

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-473 
17.8.801 ENVIRONMENTAL QUALITY 

(17) "Indian reservation" means any federally recognized reservation 

established by treaty, agreement, executive order, or act of Congress. 

(18) "Innovative control technology" means any system of air pollution control 

that has not been adequately demonstrated in practice, but would have a substantial 

likelihood of achieving greater continuous emissions reduction than any control 

system in current practice or of achieving at least comparable reductions at lower 

cost in terms of energy, economics, or nonair quality environmental impacts. 

(19) "Low terrain" means any area other than high terrain. 

(20) "Major modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in a significant 

net emissions increase of any pollutant SUbject to regulation under the FCAA, 

excluding hazardous air pollutants, except to the extent tl1at such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

108(a)(1) of the FCAA. 

(a) Any net emissions increase that is significant for volatile organic 

compounds will be considered significant for ozone. 

(b) A physical change or change in the method of operation shall not include: 

(i) routine maintenance, repair, and replacement; 

(ii) use of an alternative fuel or raw material by reason of any order under 

sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 

1974, 15 USC 791, et seq. (1988), or by reason of a natural gas curtailment plan 

pursuant to the Federal Power Act, 16 USC 791a, et seq. (1988 and Supp. 1111991); 

(iii) use of an alternative fuel by reason of an order or rule under section 125 

of the FCAA; 

(iv) use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste; 

(v) use of an alternative fuel or raw material by a stationary source which: 

(A) the source was capable of accommodating before January 6, 1975, 

unless such change would be prohibited under any federally enforceable permit 

condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or 

under regUlations approved pursuant to 40 CFR subpart I or section 51.166; or 

(8) the source is approved to use under any permit issued under 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR 51.166; 

(Vi) an increase in the hours of operation or in the production rate, unless 

such change would be prohibited under any federally enforceable permit condition 

which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR subpart I or section 51.166; or 

(vii) any change in ownership at a stationary source. 

17-474 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.801 

(21) The following apply to the definitions of the terms "major source baseline 

date" and "minor source baseline date": 

(a) "major source baseline date" means: 

(i) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

(ii) in the case of nitrogen dioxide, February 8, 1988. 

(b) "Minor source baseline date" means the earliest date after the trigger date 

on which a major stationary source or a major modification SUbject to 40 CFR 52.21 

or to regulations approved pursuant to 40 CFR 51.166 submits a complete 

application under the relevant regulation. The trigger date is: 

(i) in the case of particulate matter and sulfur dioxide, August 7, 1977; and 

(ii) in the case of nitrogen dioxide, February 8, 1988. 

(c) The baseline date is established for each pollutant for which increments 

or other equivalent measures have been established if: 

(i) the area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable in 40 CFR 81.327 for the pollutant on the 

date of its complete application under 40 CFR 52.21 or under regulations approved 

pursuant to 40 CFR 51.166; and 

(ii) in the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or, in the case of a major modification, there would be a 

significant net emissions increase of the pollutant. 

(d) Any minor source baseline date established originally for the total 

suspended particulate increments shall remain in effect and shall apply for purposes 

of determining the amount of available PM-10 increments, except that the 

department may rescind any such minor source baseline date where it can be 

shown, to the satisfaction of the department, that the emissions increase from the 

major stationary source, or the net emissions increase from the major modification, 

responsible for triggering that date did not result in a significant amount of PM-1 0 

emissions. 

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-475 
17.8.801 ENVIRONMENTAL QUALITY
 

(22) The following apply to the definition of the term "major stationary 

source": 

(a) "major stationary source" means: 

(i) any of the following stationary sources of air pollutants which emits, or has 

the potential to emit, 100 tons per year or more of any pollutant subject to regulation 

under the FCAA, excluding hazardous air pollutants, except to the extent that such 

hazardous air pollutants are regulated as constituents of more general pollutants 

listed in section 108(a)(1) of the FCAA: fossil fuel-fired steam electric plants of more 

than 250 million British thermal units per hour heat input, coal cleaning plants (with 

thermal dryers), kraft pUlp mills, Portland cement plants, primary zinc smelters, iron 

and steel mill plants, primary aluminum ore reduction plants, primary copper 

smelters, municipal incinerators cap.able of charging more than 250 tons of refuse 

per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, 

phosphate rock processing plants, coke oven batteries, sulfur recovery plants, 

carbon black plants (furnace process), primary lead smelters, fuel conversion plants, 

sintering plants, secondary metal production plants, chemical process plants, fossil 

fuel boilers (or combinations thereof) totaling more than 250 million British thermal 

units per hour heat input, petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber 

processing plants, and charcoal production plants; 

(ii) notwithstanding the stationary source size specified in (22)(a)(i), any 

stationary source which emits, or has the potential to emit, 250 tons per year or 

more of any air pollutant subject to regulation under the FCAA, excluding hazardous 

air pollutants, except to the extent that such hazardous air pollutants are regulated 

as constituents of more general pollutants listed in section 108(a)(1) of the FCAA; or 

(iii) any physical change that would occur at a stationary source not 

otherwise qualifying under (22)(a)(i) or (ii), as a major stationary source if the change 

would constitute a major stationary source by itself. 

(b) A major source that is major for volatile organic compounds will be 

considered major for ozone. 

(c) The fugitive emissions of a stationary source may not be included in 

determining, for any of the purposes of this subchapter, whether it is a major 

stationary source, unless the source belongs to one of the following categories of 

stationary sources: 

(i) coal cleaning plants (with thermal dryers); 

(ii) kraft pulp mills; 

(iii) Portland cement plants; 

(iv) primary zinc smelters; 

(v) iron and steel mills; 

(vi) primary aluminum ore reduction plants; 

(vii) primary copper smelters; 

(viii) municipal incinerators capable of charging more than 250 tons of refuse 

per day; 

(ix) hydrofluoric, sulfuric, or nitric acid plants; 

17-476 12/31/07 AD.MINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 1.7.8.801 

(x) petroleum re'fineries; 

(xi) lime plants; 

(xii) phosphate rock processing plants; 

(xiii) coke oven batteries; 

(xiv) sulfur recovery plants; 

(xv) carbon black plants (furnace process); 

(xvi) primary lead smelters; 

(xvii) fuel conversion plants;
 

(XViii) sintering plants;
 

(xix) secondary metal production plants; 

(xx) chemical process plants; 

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels; 

(xxiii) taconite ore processing plants; 

(xxiv) glass fiber processing plants; 

(xxv) charcoal production plants; 

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; and 

(xxvii) any other stationary source category which, as of August 7, 1980, is 

being regulated under sections 111 or 112 of the FCAA. 

(23) "Necessary preconstruction approvals or permits" means those permits 

or approvals required under federal air quality control laws and regulations and 

those air quality control laws and regulations which are part of the Montana State 

Implementation Plan. 

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-477 
17.8.801 ENVIRONMENTAL QUALITY 

(24) The following apply to the definition of the term "net emissions increase": 

(a) "net emissions increase" means the amount by which the sum of the 

following exceeds zero: 

(i) any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and 

(ii) any other increases and decreases in actual emissions at the source that 

are contemporaneous with the particular change and are otherwise creditable. 

(b) An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only if it occurs between the date five years 

before construction on the particular change commenced, and the date that the 

increase from the particular change occurs. 

(c) An increase or decrease in actual emissions is creditable only if the 

department has not relied on it in issuing a permit for the source under this 

SUbchapter, which permit is in effect when the increase in actual emissions from the 

particular change occurs. 

(d) An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter; or nitrogen oxides which occurs before the applicable minor source baseline 

date is creditable only if it is required to be considered in calculating the amount of 

maximum allowable increases remaining available. With respect to particulate 

matter, only PM-10 emissions may be used to evaluate the net emissions increase 

for PM-10. 

(e) An increase in actual emissions is creditable only to the extent that the 

new level of actual emissions exceeds the old level. 

(f) A decrease in actual emissions is creditable only to the extent that: 

(i) the old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

(ii) it is federally enforceable at and after the time that actual construction on 

the particular change begins; and 

(iii) it has approximately the same qualitative significance for pUblic health 

and welfare as that attributed to the increase from the particular change. 

(g) An increase that results from a physical change at a source occurs when 

the emissions unit on which construction occurred becomes operational and begins 

to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 

days. 

(25) "Potential to emit" means the maximum capacity of a stationary source 

to emit a pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit a pollutant, including air 

pollution control eqUipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its 

design only if the limitation or the effect it would have on emissions is federally 

enforceable. Secondary emissions do not count in determining the potential to emit 

of a stationary source. 

17-478 9/30/06 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.801 

(26) "Secondary emissions" means emissions which would occur as a result 

of the construction or operation of a major stationary source or major modification, 

but do not come from the major stationary source or major modification itself. For 

the purpose of this chapter, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or 

modification which causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility which would not be constructed or 

increase its emissions except as a result of the construction or operation of the 

major stationary source or major modification. Secondary emissions do not include 

any emissions which come directly from a mobile source such as emissions from the 

tailpipe of a motor vehicle, from a train, or from a vessel. 

(27) The following apply to the definition of the term "significant": 

(a) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

Pollutant and Emissions Rate 

C~rbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

15 tpy of PM-1 0 emissions 

Ozone: 40 tpy of volatile organic compounds 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sUlfide (H2S): 10 tpy 

Total reduced sulfur (including HzS): 10 tpy 

Reduced sulfur compounds (including HzS): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 10.6 megagrams per year 

(3.5 * 10-6 tpy)
 

Municipal waste combustor metals (measured as particulate matter): 14 megagrams
 

per year (15 tpy)
 

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen
 

chloride): 36 megagrams per year (40 tpy)
 

(b) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit a pollutant subject to regUlation under the FCAA, that 

(27)(a) does not list any emissions rate. This does not include hazardous air 

pollutants, except to the extent that such hazardous air pollutants are regUlated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA. 

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-479
 
17.8.801 ENVIRONMENTAL QUALITY
 

(c) Notwithstanding (27)(a), "significant" means any emissions rate or any net 

emissions increase associated with a major stationary source or major modification, 

which would construct within 10 kilometers of a Class I area, and have an impact on 

such area equal to or greater than one IJg/m3 (24-hour average). 

(28) "Stationary source" means any building, structure, facility, or installation 

which emits or may emit any air pollutant sUbject to regulation under the FCAA, 

excluding hazardous air pollutants, except to the extent that such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

108(a)(1) of the FCAA. 

(29) "Volatile organic compounds (VOC)" means the same as defined in 40 

CFR 51.1 OO(s). (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2­

204, MCA; NEW, 1993 MAR p. 2919, Eft. 12/10/93; AMD, 1994 MAR p. 2829, Eft. 

10/28/94; AMD, 1995 MAR p. 2410, Eft. 11/10/95; AMD, 1996 MARp. 1843, Eft. 

7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1998 MAR p. 1725, Eft. 

6/26/98; AMD, 2002 MAR p. 1747, Eft. 6/28/02; AMD, 2003 MAR p. 645, Eft. 

4/11/03; AMD, 2004 MAR p. 724, Eft. 4/9/04; AMD, 2006 MAR p. 1956, Eft. 8/11/06; 

AMD, 2007 MAR p. 1663, Eft. 10/26/07.) 

NEXT PAGE IS 17-485
 

17-480 12/31/07 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.818
 

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS--SOURCE APPLICABILITY AND EXEMPTIONS (1) No major 

stationary source or major modification shall begin actual construction unless, as a 

minimum, requirements contained in ARM 17.8.819 through 17.8.827 have been 

met. A major stationary source or major modification exempted from the 

requirements of subchapter 7 under ARM 17.8.744 or 17.8.745 shall, if applicable, 

still be required to obtain a Montana air quality permit and comply with all applicable 

requirements of this subchapter. 

(2) The requirements contained in ARM 17.8.819 through 17.8.827 shall 

apply to any major stationary source and any major modification with respect to each 

pollutant subject to regulation under the FCAA that it would emit, except as this 

subchapter would otherwise allow.. This does not include hazardous air pollutants, 

except to the extent that such hazardous air pollutants are regulated as constituents 

of more general pollutants listed in section 108(a)(1) of the FCAA, or must be 

considered in the BACT analysis. 

(3) The requirements contained in ARM 17.8.819 through 17.8.827 apply 

only to any major stationary source or major modification that would be constructed 

in an area which is designated as attainment or unclassifiable under 40 CFR 81.327, 

except that the requirements contained in ARM 17.8.819 through 17.8.827 do not 

apply to a particular major stationary source or major modification if: 

(a) the major stationary source would be a nonprofit health or nonprofit 

educational institution or a major modification that would occur at such an institution; 

or 

(b) the source or modification is a portable stationary source which has 

previously received a permit under requirements contained in ARM 17.8.819 through 

17.8.827, but only if the source proposes to relocate and emissions at the new 

location would be temporary, the emissions from the source would not exceed its 

allowable emissions and would impact no Class I area and no area where an 

applicable increment is known to be violated, and reasonable notice is given to the 

department prior to the relocation identifying the proposed new location and the 

probable duration of operation at the new location. Such notice must be given to the 

department not less than ten days in advance of the proposed relocation unless a 

different time duration is previously approved by the department. 

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-497 
17.8.818 ENVIRONMENTAL QUALITY 

(c) The source or modification would be a major stationary source or major 

modification only if fugitive emissions, to the extent quantifiable, are considered in 

calculating the potential to emit of the stationary source or modification and such 

source does not belong to any of the following categories: 

(i) coal cleaning plants (with thermal dryers); 

(ii) kraft pulp mills; 

(iii) Portland cement plants; 

(iv) primary zinc smelters; 

(v) iron and steel mills; 

(vi) primary aluminum ore reduction plants; 

(vii) primary copper smelters; 

(viii) municipal incinerators capable of charging more than 250 tons of refuse 

per day; 

(ix) hydrofluoric, sulfuric, or nitric acid plants; 

(x) petroleum refineries; 

(xi) lime plants; 

(xii) phosphate rock processing plants; 

(xiii) coke oven batteries; 

(xiv) sulfur recovery plants; 

(xv) carbon black plants (furnace process); 

(xvi) primary lead smelters;
 

(XVii) fuel conversion plants;
 

(xviii) sintering plants;
 

(Xix) secondary metal production plants;
 

(xx) chemical process plants; 

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels; 

(xxiii) taconite ore processing plants; 

(xxiv) glass fiber processing plants; 

(xxv) charcoal production plants; 

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; 

(xxvii) any other stationary source category which, as of August 7, 1980, is 

being regulated under section 111 or 112 of the FCAA. 

(4) The requirements contained in ARM 17.8.819 through 17.8.827 do not 

apply to a major stationary source or major modification with respect to a particular 

pollutant if the owner or operator demonstrates that, as to that pollutant, the source 

or modification is located in an area designated as nonattainment under 40 CFR 

81.327. 

17-498 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.818
 

(5) The requirements contained in ARM 17.8.820, 17.8.822, and 17.8.824 do 

not apply to a proposed major stationary source or major modification with respect to 

a particular pollutant, if the allowable emissions of that pollutant from a new source, 

or the net emissions increase of that pollutant from a modification, would be 

temporary and impact no Class I area and no area where an applicable increment is 

known to be violated. 

(6) The requirements contained in ARM 17.8.820, 17.8.822, and 17.8.824 as 

they relate to any maximum allowable increase for a Class II area do not apply to a 

modification of a major stationary source that was in existence on March 1, 1978, if 

the net increase in allowable emissions of each pollutant sUbject to regulation under 

the FCAA from the modification after the application of BACT would be less than 50 

tons per year. This does not include hazardous air pollutants, except to the extent 

that such hazardous air pollutants are regulated as constituents of more general 

pollutants listed in section 108(a)(1) of the FCAA. 

(7) The department may exempt a proposed major stationary source or major 

modification from the requirements of ARM 17.8.822, with respect to monitoring for a 

particular pollutant, if: 

(a) the emissions increase of the pollutant from a new stationary source or 

the net emissions increase of the pollutant from a modification would cause, in any 

area, air quality impacts less than the following amounts: 

(i) carbon monoxide--575 IJg/m3

, eight-hour average; 

(ii) nitrogen dioxide--14 IJg/m3 , annual average; 

(iii) particulate matter--10 IJg/m3 PM-10, 24-hour average; 

(iv) sulfur dioxide--13 IJg/m3, 24-hour average; 

(v) ozone--no de minimus air quality level is provided for ozone. However, 

any net increase of 100 tons per year or more of volatile organic compounds subject 

to this subchapter would be required to perform an ambient impact analysis, 

including the gathering of ambient air quality data; 

(vi) lead--0.1 jJg/m3 , three-month average; 

(vii) f1uorides--0.25 IJg/m3 , 24-hour average; 

(viii) total reduced sulfur--10 IJg/m3

, one-hour average; 

(ix) hydrogen sulfide--O.2 jJg/m3 , one-hour average; 

(x) reduced sulfur compounds--10 IJg/m3 , one-hour average; or 

(b) the concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed In (7)(a); or 

(c) the pollutant is not listed in (7)(a). (History: 75-2-111, 75-2-203, MCA; 

IMP, 75-2-202, 75-2-203, 75-2-204, MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; 

AMD, 1994 MAR p. 2829, Eff. 10/28/94; TRANS, from DHES, 1996' MAR p. 2285; 

AMD, 2002 MAR p. 3567, Eff. 12/27/02; AMD, 2003 MAR p. 645, Eff. 4/11103; AMD, 

2006 MAR p. 1956, Eff. 8/11/06; ArviD, 2007 MAR p. 1663, Eff. 10/26/07.) 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-499 '
 
AIR QUALITY 17.8.901
 

Subchapter 9
 

Permit Requirements for Major Stationary Sources or
 

Major Modifications Locating Within Nonattainment Areas
 

17.8.901 DEFINITIONS In this subchapter the following definitions apply: 

(1) "Actual emissions" means the actual rate of emissions of a pollutant from 

an emissions unit as determined in accordance with (1)(a) through (c). 

(a) Actual emissions as of a particular date shall equal the average rate, in 

tons per year, at which the unit actually emitted the pollutant during a two-year 

period which precedes the particular date and which is representative of normal 

source operation. The department may determine that a different time is more 

representative of normal source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period. 

(b) If the department is unable to determine actual emissions consistent with 

(1 )(a), the department may presume that the source-specific allowable emissions for 

the unit are equivalent to the actual emissions of the unit. . 

(c) For any emissions unit which has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit on that 

date. 

(2) "Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits which restrict the operating rate or hours of 

operation, or both) and the most stringent of the following: 

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341; 

(b) the applicable emissions limitation contained in the Montana state 

implementation plan, including those with a future compliance date; or 

(c) the emissions rate specified as a federally enforceable permit condition, 

including those with a future compliance date. 

(3) "Begin actual construction" means, in general, initiation of physical on-site 

construction activities of a permanent nature on an emissions unit. Such activities 

include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures. 

With respect to a change in method of operation, this term refers to those on-site 

activities other than preparatory activities which mark the initiation of the change. 

(4) "Building, structure, facility, or installation" means all of the pollutantemitting activities which belong to the same industrial grouping, are located on one 

or more contiguous or adjacent properties, and are under the control of the same 

person (or persons under common control), except the activities of any vessel. 

Pollutant-emitting activities shall be considered as part of the same industrial 

grouping if they belong to the same major group (i.e., having the same two-digit 

code) as described in the Standard Industrial Classification Manual, 1987. 

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-521 
17.8.901 ENVIRONMENTAL QUALITY
 

(5) "Commence", as applied to construction of a major stationary source or 

major modification, means that the owner or operator has all necessary 

preconstruction approvals or permits and either has: 

(a) begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

(b) entered into binding agreements or contractual obligations, which cannot 

be canceled or modified without substantial loss to the owner or operator, to 

undertake a program of actual construction of the source to be completed within a 

reasonable time. 

(6) "Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of 

an emissions unit) which would result in a change in actual emissions. 

(7) "Emissions unit" means any part of a stationary source which emits or 

would have the potential to emit any pollutant subject to regulation under the FCAA. 

(8) "Federally enforceable" means all limitations and conditions which are 

enforceable by the administrator, including those requirements developed pursuant 

to 40 CFR Parts 60 and 61, requirements within the Montana state implementation 

plan, and any permit requirement established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR Part 51, subpart I, including operating 

permits issued under an EPA-approved program that is incorporated into the 

Montana state implementation plan and expressly requires adherence to any permit 

issued under such program. 

(9) "Fugitive emissions" means those emissions which could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening. 

(10) "Lowest achievable emission rate" means, for any source, the more 

stringent rate of emissions based on the following: 

(a) the most stringent emissions limitation which is contained in the 

implementation plan of any state for such class or category of stationary source, 

unless the owner or operator of the proposed stationary source demonstrates that 

such limitations are not achievable; or 

(b) the most stringent emissions limitation which is achieved in practice by 

such class or category of stationary sources. This limitation, when applied to a 

modification, means the lowest achievable emissions rate for the new or modified 

emissions units within a stationary source. In no event shall the application of the 

term permit a proposed new or modified stationary source to emit any pollutant in 

excess of the amount allowable under applicable new source standards of 

performance under 40 CFR Parts 60 and 61. 

17-522 9/30106 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.901
 

(11) "Major mod)fication" means any physical change in, or change in the 

method of, operation of a major stationary source that would result in a significant 

net emissions increase of any pollutant subject to regulation under the FCAA. 

(a) Any net emissions increase that is considered significant for volatile 

organic compounds is considered significant for ozone. 

(b) A physical change or change in the method of operation does not include: 

(i) routine maintenance, repair, and replacement; 

(ii) use of an alternative fuel or raw material by reason of an order under 

(2)(a) and (2)(b) of the Energy Supply and Environmental Coordination Act of 1974, 

15 USC 791, et seq. (1988), or by reason of a natural gas curtailment plan pursuant 

to the Federal Power Act, 16 USC 791 a, et seq. (1988 and Supp. III 1991); 

(iii) use of an alternative fuel by reason of an order or rule under section 125 

of the FCAA; . 

(iv) use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste; 

(v) use of an alternativ.e fuel or raw material by a stationary source which: 

(A) the source was capable of accommodating before December 21, 1976, 

unless such change would be prohibited under any federally enforceable permit 

condition which was established after December 12, 1976, pursuant to 40 CFR 

52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, or 

section 51.166; or 

(B) the source is approved to use under any permit issued under regulations 

approved pursuant to 40 CFR 51.165; 

(vi) an increase in the hours of operation or in the production rate, unless 

such change is prohibited under any federally enforceable air quality preconstruction 

permit condition which was established after December 21, 1976 pursuant to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, or 

section 51.166; 

(vii) any change in ownership at a stationary source. 

(12) The following apply to the definition of the term "major stationary 

source": 

(a) "major stationary source" means: 

(i) any stationary source of air pollutants which emits, or has the potential to 

emit, 100 tons per year or more of any pollutant subject to regulation under the 

FCAA; or 

(ii) any stationary source of air pollutants located in a serious particulate 

matter (PM-1 0) nonattainment area which emits, or has the potential to emit, 70 tons 

per year or more of PM-1 0; or 

(iii) any physical change that would occur at a stationary source not 

qualifying under (12)(a)(i) or (ii) as a major stationary source, if the change would 

constitute a major stationary source by itself. 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-523
 
17.8.901 ENVIRONMENTAL QUALITY 

(b) The fugitive emissions of a stationary source will not be included in 

determining, for any of the purposes of this subchapter, whether it is a major 

stationary source, unless the source belongs to one of the following categories of 

stationary sources: 

(i) coal cleaning plants (with thermal dryers); 

(ii) kraft pulp mills; 

(iii) Portland cement plants; 

(iv) primary zinc smelters; 

(v) iron and steel mills; 

(vi) primary aluminum ore reduction plants; 

(vii) primary copper smelters; 

(viii) municipal incinerators capable of charging more than 250 tons of refuse 

per day; 

(ix) hydrofluoric, sulfuric, or nitric acid plants; 

(x) petroleum refineries; 

(xi) lime plants; 

(xii) phosphate rock processing plants; 

(xiii) coke oven batteries; 

(xiv) 'sulfur recovery plants; 

(xv) carbon bl.ack plants (furnace process); 

(xvi) primary lead smelters; . 

(xvii) fuel conversion plants; 

(xviii) sintering plants; 

(xix) secondary metal production plants; 

(xx) chemical process plants; 

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels; 

(xxiii) taconite ore processing plants;
 

(XXiv) glass fiber processing plants;
 

(xxv) charcoal production plants; 

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; and 

(xxvii) any other stationary source category which, as of August 7, 1980, is 

being regulated under sections 111 or 112 of the FCAA 

(13) "Necessary preconstruction approvals or permits" means those permits 

or approvals required under federal air quality control laws and regulations and 

those air quality control laws and regulations which are part of the Montana state 

implementation plan. 

17-524 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.901
 

(14) The following apply to the definition of the term "net emissions increase": 

(a) "net emissions increase" means the amount by which the sum of the 

following exceeds zero: 

(i) any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and 

(ii) any other increases and decreases in actual emissions at the source that 

are contemporaneous with the particular change and are otherwise creditable. 

(b) An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only ifit occurs between the date five years 

before construction on the particular change commenced, and the date that the 

increase from the particular change occurs. 

(c) An increase or decrease in actual emissions is creditable only if the 

department has not relied on itin issuing a permit for the source under regulations 

approved pursuant to 40 CFR 51.165, which permit is in effect when the increase in 

actual emissions from the particular change occurs. 

(d) An increase in actual emissions is creditable only to the extent that the 

new level of actual emissions exceeds the old level. 

(e) A decrease in actual emissions is creditable only to the extent that: 

(i) the old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

(ii) it is federally enforceable at and after the time that actual construction on 

the particular change begins; 

(iii) the department has not relied on it in issuing any Montana air quality 

permit under regulations approved pursuant to 40 CFR Part 51, subpart I (July 1, 

1993 ed .), or the state has not relied on it in demonstrating attainment or reasonable 

further progress; and 

(iv) it has approximately the same qualitative significance for public health 

and welfare as that attributed to the increase from the particular change. 

(f) An increase that results from a physical change at a source occurs when 

the emissions unit on which construction occurred becomes operational and begins 

to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 

days. 

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-525
17.8.901 ENVIRONMENTAL QUALITY
 

(15) "Potential to emit" means the maximum capacity of a stationary source 

to emit a pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its 

design only if the limitation or the effect it would have on emissions is federally 

enforceable. Secondary emissions do not count in determining the potential to emit 

of a stationary source. 

(16) "Reasonable further progress" means annual incremental reductions in 

emissions of the applicable air pollutant which are required by the FCAA or the 

administrator for attainment of the applicable national ambient air quality standard by 

the date required in section 172(a) of the FCAA. 

(17) "Secondary emissions" means emissions which would occur as a result 

of the construction or operation of a major stationary source or major modification, 

but do not come from the major stationary source or major modification itself. For 

the purpose of this chapter, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or 

modification which causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility which would not be constructed or 

increase its emissions except as a result of the construction or operation of the 

major stationary source or major modification. Secondary emissions do not include 

any emissions which come directly from a mobile source such as emissions from the 

tailpipe of a motor vehicle, from a train, or from a vessel. 

(18) "Significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

Pollutant and Emission Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

or 15 tpy of PM-10 emissions 

Lead: 0.6 tpy 

(19) "Stationary source" means any bUilding, structure, facility, or installation 

which emits or may emit any air pollutant subject to regulation under the FCAA. 

(20) "Volatile organic compounds (VOC)" means the same as defined in 40 

CFR 51.1 OO(s). (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2­

204, MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; AMD, 1995 MAR p. 2410, Eff. 

11/10/95; AMD, 1996 MAR p.1843, Eff. 7/4/96; AMD, 1996 MAR p.1844, Eff. 

7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1998 MAR p. 1725, Eff. 

6/26/98; AMD, 2002 MAR p. 1747, Eff. 6/28/02; AMD, 2002 MAR p. 3567, Eff. 

12/27/02; AMD, 2003 MAR p. 645, Eff. 4/11/03.) 

NEXT PAGE IS 17-529
 

17-526 9/30/06 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.902
 

17.8.902 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the followin : 

60, ertaining to standards of erfor 

stationary sources, except for ertaining to mercury 

.al ns' 

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(c) 40 CFR 81.327, pertaining to the air quality attainment status 

designations for Montana; 

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to permit 

reqUirements for permit programs in nonattainment areas; 

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 

through 7513b, pertaining to additional requirements for particulate matter in 

nonattainment areas; and 

(f) the Standard Industrial Classification Manual (1987), Office of 

Management and BUdget (PB 87-100012), pertaining to a system of industrial 

classification and definition based upon the composition and structure of the 

economy. 

(2) A copy of materials incorporated by reference in this subchapter is 

available for public inspection and copying at the Department of Environmental 

Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605­

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. 

Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; 

fax: (513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ 

ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination 

(Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; 

phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: 

orders@gpo.gov; web: http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/ 

libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-529 
17.8.902 ENVIRONMENTAL QUALITY
 

(5) The Standard Industrial Classification Manual (1987) may be obtained 

from the NTIS, as described in (3)(a). (History: 75-2-111, 75-2-203, MCA; IMP, 75­

2-202,75-2-203,75-2-204, MCA; NEW, 1993 MAR p. 2919, Eft. 12/10/93; ArviD, 

1994 MAR p. 2828, Eft. 10/28/94; AMD, 1996 MAR p~ 1844, Eft. 7/4/96; TRANS, 

from DHES, 1996 MAR p. 2285; AMD, 1997 MAR p. 1581, Eft. 9/9/97; AMD, 2001 

MAR p. 1468, Eft. 8/10/01; AMD, 2003 MAR p. 645, Eft. 4/11/03; AMD, 2005 MAR p. 

959, Eft. 6/17/05; AMD, 2006 MAR p. 1956, Eft. 8/11/06; AMD, 2007 MAR p. 1663, 

Eft. 10/26/07.) 

Rule 17.8.903 reserved 

17-530 12/31/07 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.1002 

17.8.1002 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board ado ts and incor orates b reference the followin . 

stationary sources, except for 

ertaining to standards of erf 

. 'n to mercury 

2!Iowance a1+o alions; 

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(c) 40 CFR 81.327, pertaining to the air quality attainment status 

designations for Montana; 

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to 

requirements for permit programs in nonattainment areas; 

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 

through 7513b, pertaining to additional requirements for particulate matter in 

nonattainment areas; and 

(f) the Standard Industrial Classification Manual (1987), Office of 

Management and Budget (PB 87-100012), pertaining to a system of industrial 

classification and definition based upon the composition and structure of the 

economy. 

(2) A copy of materials incorporated by reference in this sUbchapter is 

available for public inspection and copying at the Department of Environmental 

Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605­

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. 

Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; 

fax: (513) 489-8695; ~-mail: ncepimal@one.net; web: http://www.epa.gov/ 

ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination 

(Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; 

phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: 

orders@gpo.gov; web: http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/ 

libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-551
 
17.8.1002 ENVIRONMENTAL QUALITY
 

(5) The Standard Industrial Classification Manual (1987) may be obtained 

from the NTIS, as described in (3)(a). (History: 75-2-111, 75-2-203, MCA; IMP, 75­

2-202,75-2-203,75-2-204, MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; AMD, 

1994 MAR p. 2828, Eff. 10/28/94; AMD, 1996 MAR p. 1844, Eff. 7/4/96; TRANS, 

from DHES, 1996 MAR p. 2285; AMD, 1997 MAR p. 1581, Eff. 9/9/97; AMD, 2001 

MAR p. 1468, Eff. 8/10/01; AMD, 2003 MAR p. 645, Eff. 4/11/03; AMD, 2005 MAR p. 

959, Eff. 6/17/05; AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 1663, 

Eff. 10/26/07.) . 

Rule 17.8.1003 reserved 

17-552 12/31/07 ADMINISTRATIVE RULES OF MONTANA
 
17.8.1007 ENVIRONMENTAL QUALITY 

17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND 

AIR QUALITY OFFSETS (1) For the purposes of this subchapter, the following 

requirements shall apply: 

(a) the requirements of ARM 17.8.906, except that 17.8.906(7) through (9) is 

not applicable to offsets required under this sUbchapter; 

(b) emission offsets must be reductions in actual emissions for the same 

pollutant obtained from the same source or other sources which are located in the 

same general area of the proposed major stationary source or modification, and that 

contribute to or would contribute to the violation of the national ambient air quality 

standard; 

(c) in the case of emission offsets involving volatile organic compounds and 

oxides of nitrogen, offsets will generally be acceptable if they are obtained from 

within the areas specified in (1 )(b). If the proposed offsets would be from sources 

located at considerable distances from the new source, the department shall 

increase the ratio of the required offsets and require a showing by the applicant that 

nearby offsets were investigated and reasonable alternatives were not available; and 

(d) in the case of emission offsets involving sulfur dioxide, particulates, and 

carbon monoxide, areawide mass emission offsets are not acceptable, and the 

applicant shall perform atmospheric simulation modeling to ensure that emission 

offsets provide a positive net air quality benefit. The department may exempt the 

applicant from the atmospheric simulation modeling requirement if the emission 

offsets provide a positive net air quality benefit, are obtained from an existing source 

on the same premises or in the immediate vicinity of the new source, and the 

pollutants disperse from SUbstantially the same effective stack height; 

(e) no emissions credit shall be allowed for replacing one hydrocarbon 

compound with another of lesser reactivity, except for those compounds listed in 

Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds" 

(42 FR 35314, July 8, 1977). (History: 75-2-111, 75-2-203, MeA; IMP, 75-2-202, 

75-2-203, 75-2-204, MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; TRANS, from 

DHES, 1996 MAR p. 2285; AMD, 2007 MAR p. 1663, Eff. 10/26/07.) 

NEXT PAGE IS 17-571
 

17-556 12131/07 ADMINISTRATIVE RULES OF MONTANA
 
AIR QUALITY 17.8.1102 

SUbchapter 11 

Visibility Impact Assessment 

17.8.1101 DEFINITIONS For the purposes of this subchapter: 

(1) "Federal Class I area" means those areas listed in ARM 17.8.806(1) and 

any other federal land that is classified or reclassified as Class I. 

(2) "Adverse impact on visibility" means visibility impairment which the 

department determines does or is likely to interfere with the management, 

protection, preservation, or enjoyment of the visual experience of visitors within a 

federal Class I area. The determination must be made on a case-by-case basis 

taking into account the geographic extent, intensity, duration, frequency, and time of 

visibility impairment, and how these factors correlate with times of visitor use of the 

federal Class I area, and the frequency and occurrence of natural conditions that 

reduce visibility. 

(3) "Visibility impairment" means any humanly perceptible change in visual 

range, contrast, or coloration from that which would have existed under natural 

conditions. Natural conditions include fog, clouds, windblown dust from natural 

sources, rain, naturally ignited wildfires, and natural aerosols. (History: 75-2-111, 

75-2-203, MeA; IMP, 75-2-203, 75-2-204, 75-2-211, MCA; NEW, 1985 MAR p. 

1326, Eft. 9/13/85; AMD, 1995 MAR p. 535, Eft. 4/14/95; TRANS, from DHES, 1996 

MAR p. 2285.) . 

17.8.1102 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the following: 

(a) 40 CFR 81.327, prOViding attainment status designation for Montana 

pursuant to section 107 of the Federal Clean Air Act; 

(b) "Workbook for Plume Visual Impact Screening and Analysis" (Revised) 

(EPA-454/R-92/023), specifying methods for estimating visibility impairment. 

(2) A copy of materials incorporated by reference in this sUbchapter is 

available for public inspection and copying at the Department of Environmental 

Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605­

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. 

Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; 

fax: (513) 489-8695; e-mail: ncepima/@one.net; web: http://www.epa.gov/ 

ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination 

(Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; 

phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: 

orders@gpo.gov; web: http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/ 

libraries. htm. 

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-571
17.8.1103 ENVIRONMENTAL QUALITY 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). (History: 75-2-111,. MCA; IMP, Title 75, chapter 2, 

MCA; NEW, 1996 MAR p. 1844, Eft. 7/4/96; TRANS, from DHES, 1996 MAR p. 

2285; AMD, 1997 MAR p. 1581, Eft. 9/9/97; AMD, 2005 MAR p. 959, Eft. 6/17/05; 

AMD, 2007 MAR p. 1663, Eft. 10/26/07.) 

17.8.1103 APPLlCABILlTY--VISIBILlTY REQUIREMENTS (1) This 

subchapter is applicable to the owner or operator of a proposed major stationary 

source, as defined by ARM 17.8.801(22), or of a source proposed for a major 

modification, as defined by ARM 17:8.801 (20) proposing to construct such a source 

or modification after July 1, 1985, in any area within the state of Montana designated 

as attainment, unclassified, or nonattainment, in accordance with 40 CFR 81.327, 

incorporated by reference in ARM 17.8.1102. The requirements of this subchapter 

shall be integrated with the requirements of ARM Title 17, chapter 8, subchapters 7 

(Permit, Construction, and Operation of Air Contaminant Sources) and 8 (Prevention 

of Significant Deterioration of Air Quality). (History: 75-2-111, 75-2-203, MCA; IMP, 

75-2-203,75-2-204,75-2-211, MCA; NEW, 1985 MAR p. 1326, Eft. 9/13/85; AMD, 

1995 MAR p. 535, Eft. 4/14/95; AMD, 1996 MAR p. 1844, Eft. 7/4/96; TRANS, from 

DHES, 1996 MAR p. 2285.) 

Rules 17.8.1104and 17.8.1105 reserved 

NEXT PAGE IS 17-575
 

17-572 12/31/07 ADMINISTRATIVE RULES OF MONTANA