AIR QUALITY 17.8.101

SUbchapter 1

General Provisions

17.8.101 DEFINITIONS As used in this chapter, unless indicated otherwise in aspecific sUbchapter, the following definitions apply: (1) "Administrator" means the administrator ofthe U.S. Environmental Protection Agency orthe administrator's designee. (2) "Air pollutant$" has the meaning provided in**75~2-1** 03(3), MCA. (3) "Airquality operating permit" means any permit orgroup ofpermits issued, renewed, revised, amended, or modified pursuantto subchapter 12 ofthis chapter. (4) "Montana airquality permit" means a permit issued, altered or modified pursuantto sUbchapters 7,8, 9,.or 10ofthis chapter. (5) "Allowable emissions" means the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subjectto federally enforceable limits which restrict the operating rate or hours of operation, or both) and the most stringentofthe following: (a) the applicable standards as setforth in ARM 17.8.340or 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 ofthe atmosphere, external to bUildings, to which the general public has access. (7) "Ambient air monitoring" means measurement ofany air pollutant, odor, meteorological or atmospheric characteristic, or any physical or biological condition resulting from the effects ofair pollutants or meteorological atmospheric conditions provided the measurement is performed in an area constituting ambient air. (8) "Boilerorindustrial furnace" means any source oremitting unitthat is subjectto the provisions of75-10-405(2)(f) and 75-10-406, MCA, and rules promulgated thereunderdefining the class ofactivities subjectto regulation under those sections, found atARM Title 17, chapter 53, SUbchapter 10. (9) "Commercial hazardous waste incinerator" has the meaning provided in 75-2-103(6), MCA.

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(10) "Commercial medical waste incinerator" means any incineratorthat incinerates medical waste, exceptthat "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 orcontrivance which prevents, removes, controls orabates emissions. (12) "Emission" has the meaning prOVided in 75-2-103(8), MCA. (13) "Emission standard" means an allowable rate ofemissions or level of opacity, or a requirementthatcertain 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 permitcondition. (14) "EPA" means the U.S. Environmental Protection Agency. (15) "FCAA" means the Federal Clean AirAct, 42 USC 7401, etseq. (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 pursuantto 40 CFR 52.21 or under

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

permits issued underan EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued undersuch program. (17) "Fuel burning equipment" means any furnace, boiler, apparatus, stack,

or appurtenances thereto used in the process ofburning fuel or other combustible material for the primary purpose ofproducing heat or power by indirect heattransfer. (18) "Fugitive emissions" means those emissions which could not reasonably pass through astack, chimney, vent, orotherfunctionally equivalentopening. (19) "Hazardous air pollutant (HAP)" means any air pollutant listed as a hazardous air pollutant pursuantto section 112(b)(1) ofthe FCAA. (20) "HazardOUS waste" has the meaning provided in 75-2-103(10), MCA. (21) "Hazardous waste incinerator" means any incineratorthat 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.

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(24) "Montana state implementation plan" means the state implementation plan adopted by EPAfor the state of Montana pursuantto the FCAA, found at40 CFR Part 52, sUbpart BB. (25) "Multiple chamber incinerator" means any incinerator consisting ofthree

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 ofthe material to be burned. (26) "Odor" meansthat property ofan emission which stimulates the sense ofsmell. (27) "Opacity" meansthe.degree, expressed in percent, to which emissions reduce the transmission oflight and obscure the viewofan object in the background. Where the presence ofuncombined water is the only reason forfailure ofan emission to meet an applicable opacity limitation contained in this chapter, that limitation shall not apply. Forthe purpose ofthis chapter, opacity determination shall follow all requirements, procedures, specifications, and guidelines contained in 40 CFR Part 60, AppendixA, method 9, or by an in-stack transmissometerwhich 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, orthe authorized agent ofthe owner,
orthe person who is legally responsible for the overall operation ofthe source or alteration. (29) "Particulate matter" means any material, exceptwater in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions. Forthe purposes ofthis 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 ofparticulate matterthatspecify

an aerodynamic size class. (32) "PM-2.5" means particulate matterwith an aerodynamic diameterofless than orequal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR Part50, Appendix L, and designated in accordancewith 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53. (33) "PM-10" means particulate matterwith an aerodynamic diameterofless 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.

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(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 airas 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 equivalenttest method approved by the department. Ifthe use ofan alternative test method requires approval by the administrator, thatapproval mustalso be obtained. (35) "Premises" means any property, piece of land orreal estate orbuilding. (36) "Solid waste" has the meaning provided in 75-2-103(16), MCA. (37) "Solid waste incinerator" means any incineratorthat incinerates solid waste. (38) "Source" means any person, real property orpersonal property located

on one or more contiguous oradjacent properties underthe control ofthe same
owner or operatorwhich contributes orwould contribute to air pollution, including associated control equipmentthat affects orwould affectthe nature, character, composition, amount orenvironmental impacts ofair pollution. (39) "Stack, vent, or roof monitor" means any flue, conduit, chimney, vent, or ductarranged to conductemissions. (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 51.1OO(s). (42) "Wood waste burner" means adevice commonly called atepee burner, silo, truncated cone, wigwam burner, or othersimilar burner commonly used by the wood products industryfor the disposal ofwood. (History: 75-2-111, MCA; IMP, Title 75, chapter2, 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.)

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17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES (1) Unless expressly provided otherwise, in this chapterwhere the board has: (a) adopted a federal regulation by reference, the reference is to the July 1, 2006, edition ofthe Code of Federal Regulations (CFR); (b) adopted a section ofthe United States Code (USC) by reference, the reference is to the 2000 edition ofthe USC and Supplement IV (2006); (c) adopted another rule ofthe department or ofanother agency ofthe state ofMontana by reference, the reference is to the December 31, 2006, edition ofthe Administrative Rules ofMontana (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) Forthe purposes ofthis 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 ofsuspended particulate matter in the atmosphere (high-volume method); (b) 40 CFR Part 50, AppendixJ, pertaining to reference methods for the determination ofparticulate 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 ambientair monitoring reference methods and equivalent methods; (f) 40 CFR Part60, AppendixA, pertaining to EPA emission source reference test methodsfor 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 subjectto national emission standards for hazardous air pollutants; (i) 40 CFR Part63, pertaining to emission standards for hazardous air pollutantsource categories; 

### U) ARM Title 17, chapter 53, sUbchapter 5, pertaining to the identification and listing ofhazardous waste; (k) ARM Title 17, chapter 53, sUbchapter 10, pertaining to standards for the management ofspecific hazardous wastes and specifictypes ofhazardouswaste managementfacilities;

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(I) section 75-10-403(8), MCA, pertaining to the statutory de'finition of "hazardous waste"; (m) section 112(b)(1) ofthe Federal Clean AirAct (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 forAir Pollution Measurement Systems, Volume I: A Field Guide to Environmental Quality Assurance (EPA-600/R-94/038a, revised April 1994); QualityAssurance Handbook forAir Pollution Measurement Systems, Volume II: Part 1AmbientAir Quality Monitoring Program Quality System Development (EPA-454/R-98/004, revised August 1998); QualityAssurance HandbookforAir Pollution Measurement Systems, Volume III: Stationary Source Specific Methods (EPA-600/R-94/038c, revised September 1994); and Quality Assurance HandbookforAir 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 ofmaterials incorporated by reference in this subchapter is available for public inspection and copying at the Department ofEnvironmental QualitY, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT59620-0901. (3) Copies offederal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA22161; 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 Centerfor Environmental Publications (NSCEP), P.O. Box42419, 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 ofDocuments), 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 ofthe CFR may be obtained from the U.S. Government Printing Office, as described in (3)(c). (History: 75-2-111, MCA; IMP, Title 75, chapter2, 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

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.(9) "Salvage operation" means any operation conducted in whole or in partto salvage or reclaim any productor material, exceptthe silvicultural practice commonly referred to as a salvage cut. (10) "Trade wastes" means solid, liquid, or gaseous material resulting from construction or operation ofany business, trade, industry, ordemolition project. Wood product industrywastes such as sawdust, bark, peelings, chips, shavings, and cull wood are considered trade wastes. Trade wastes do not include wastes generally disposed ofby essential agricultural open burning, prescribed wildland open burning, or Christmas tree waste, as defined in this rule. (11) "Wood wasteburner" means a device commonly called atepee burner, silo, truncated cone, wigwam burner, or othersimilar burner commonly used by the wood products industry to dispose ofwood. (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) Forthe purposes ofthis SUbchapter, the board adopts and incorporates by reference ARM Title 17, chapter .53, subchapter5, identifying and defining hazardouswastes. (2) A copy ofARM Title 17, chapter 53, subchapter 5, is available for public inspection and copying atthe Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA22161; 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 Centerfor Environmental Publications (NSCEP), P.O. Box42419, 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 ofthe 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

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Subchapter 8

Prevention ofSignificant Deterioration ofAir Quality

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: (1) "Actual emissions" means the actual rate ofemissions ofa pollutant from

an emissions unit, as determined in accordance with (1)(a) through (c). (a) Actual emissions as ofa particular date shall equal the average rate, in tons per year, atwhich the unitactually emitted the pollutant during a two-year period which precedes the particulardate and which is representative of normal

source operation. The department may determine that a differenttime period is

more representative ofnormal 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 unitare equivalentto the actual emissions ofthe unit. (c) For any emissions unitwhich has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. (2) "Allowable emissions" means the emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is sUbject to federally enforceable limitswhich restrict the operating rate or hours of operation, or both) and the most stringent ofthefollowing: (a) the applicable standards as setforth 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 afederally 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 datewould

.construct or would have an air quality impactequal to or greaterthan one lJg/m3 (annual average) ofthe pollutantfor which the minor source baseline date is established. (a) Area redesignations under section 107 ofthe FCAAto attainment or unclassifiable cannot intersect or be smallerthan the area of impactofany major stationarysource or major modification which: (i) establishes a minorsource baseline date; or (ii) is subjectto 40 CFR 52.21 or regulations approved pursuantto 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 ofavailable PM-10 increments, exceptthat such baseline

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

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

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### 9/30/06 17-47117.8.801 ENVIRONMENTAL QUALITY

(4) "Baseline concentration" means that ambient concentration level which exists in the baseline area atthe time ofthe applicable minorsource baseline date. (a) A baseline concentration is determined foreach pollutantforwhich a minorsource baseline date is established and shall include: (i) the actual emissions representative ofsources in existence on the applicable minorsource baseline date, except as provided in (4)(b); and 

### Oi) the allowable emissions of majorstationary sourceswhich commenced construction before the major source baseline date, butwere not in operation by the applicable minorsource baseline date.

. (b) The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase(s): (i) actual emissions from any majorstationary source on which construction commenced afterthe major source baseline date; and (ii) actual emissions increases and decreases at any stationary source occurring afterthe minor source baseline date. (5) "Begin actual construction" means, 

### in general, initiation ofphysical on-site construction activities on an emissions unitwhich are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction ofpermanent storage structures. With respectto a change in method ofoperation this term refers to those on-site activities, otherthan preparatory activities, which markthe initiation ofthe change. (6) "Best available control technology (BACT)" means an emissions limitation (including avisible emissions standard) based on the maximum degree ofreduction foreach pollutant SUbjectto regulation underthe FCAA, excluding hazardous air pollutants except to the extentthat such hazardous air pollutants are regulated as constituents ofmore general pollutants listed in section 108(a)(1) ofthe 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 effectofthe control technology option on hazardous air pollutants), and economic impacts and other costs, determines is achievable for such source or modification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application of BACT result in emissions of any pollutantwhich would exceed the emissions allowed by any applicable standard underARM 17.8.340 and 17.8.341. Ifthe department determinesthattechnological

or economic limitations on the application of measurement methodology to a particularemissions unitwould make the imposition ofan emissions standard infeasible, any design, equipment, work practice, operational standard, or combination thereof, may be prescribed insteadto satisfy the requirementforthe application of BACT. Such standard shall, to the degree possible, setforth the emissions reduction achievable by implementation ofsuch design, eqUipment, work practice, oroperation, and shall proVide for compliance by meanswhich achieve equivalent results.

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### 12/31/07 ADMINISTRATIVE RULES OF MONTANAAIR QUALITY 17.8.801

(7) "Building, structure, facility, or installation" means all ofthe pollutantemitting activities which belong to the same industrial grouping, are located on one
or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons undercommon control) exceptthe activities ofany vessel. Pollutant-emitting activities shall be considered as part ofthe 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 ofa major stationary source or major modification, means thatthe owner or operator has all necessary preconstruction approvals or permits and either has: (a) begun, or caused to begin, a continuous program ofactual on-site construction ofthe 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 oroperator, to undertake a program ofactual construction ofthe 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, exceptthatdesignating an application complete for purposes ofpermit processing does not preclude the departmentfrom 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 ofa stationary source which emits or would have the potential to emitany pollutantsubjectto regulation underthe FCAA. (12) "Federalland manager" means, with respeet to any lands in the United States, the secretary ofthe departmentwith 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 pursuantto 40 CFR 52.21 or under regulations approved pursuantto 40 CFR Part 51, sUbpart I, including operating permits issued underan EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued undersuch 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 ormore above the base ofthe stack ofa source. (16) "Indian governing body" means the governing body ofany tribe, band, or group of Indians subjectto thejurisdiction ofthe United States and recognized by the United States as possessing power ofself-government.

ADMINISTRATIVE RULES OF MONTANA 9/30106 17-47317.8.801 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 ofair pollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or nonair quality environmental impacts. (19) "Lowterrain" means any area otherthan high terrain. (20) "Majormodification" means any physical change in, or change in the method ofoperation of, a majorstationary source thatwould result in a significant netemissions increase ofany pollutantSUbject to regulation underthe FCAA, excluding hazardous air pollutants, exceptto the extenttl1at such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) ofthe FCAA. (a) Any net emissions increase that is significantforvolatile organic compounds will be considered significantforozone. (b) A physicalchange orchange in the method ofoperation shall not include: (i) routine maintenance, repair, and replacement; (ii) use ofan alternative fuel or raw material by reason ofany order under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Actof 1974, 15 USC 791, etseq. (1988), orby reason ofa natural gas curtailment plan pursuantto the Federal PowerAct, 16 USC 791a, etseq. (1988 and Supp. 1111991); (iii) use ofan alternative fuel by reason ofan orderor rule undersection 125 ofthe FCAA; (iv) use ofan alternative fuel at a steam generating unitto the extentthatthe fuel is generated from municipal solid waste; (v) use ofan alternative fuel or raw material by a stationary sourcewhich: (A) the sourcewas capable ofaccommodating before January 6, 1975, unless such change would be prohibited underany federally enforceable permit condition which was established afterJanuary 6, 1975, pursuantto40 CFR 52.21 or under regUlations approved pursuantto 40 CFR subpart I orsection 51.166; or (8) the source is approved to use underany permit issued under40 CFR 52.21 or under regulations approved pursuantto 40 CFR 51.166; 

### (Vi) an increase in the hours ofoperation or in the production rate, unless such change would be prohibited underanyfederally enforceable permit condition which was established afterJanuary 6, 1975, pursuantto 40 CFR 52.21 orunder regulations approved pursuantto 40 CFR subpart I orsection 51.166; or (vii) any change in ownership ata stationary source.

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(21) The following apply to the definitions ofthe terms "major source baseline date" and "minor source baseline date": (a) "majorsource baseline date" means: (i) in the case ofparticulate matter and sulfurdioxide, January 6, 1975; and (ii) in the case ofnitrogen dioxide, February 8, 1988. (b) "Minorsource baseline date" means the earliest date afterthe trigger date

on which a majorstationary source ora major modification SUbject to 40 CFR 52.21

orto regulations approved pursuantto 40 CFR 51.166 submits a complete application underthe relevant regulation. The trigger date is: (i) in the case ofparticulate matter and sulfur dioxide, August 7, 1977; and (ii) in the case ofnitrogen dioxide, February 8, 1988. (c) The baseline date is established for each pollutantforwhich increments

orother 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 ofits complete application under40 CFR 52.21 or under regulations approved pursuantto 40 CFR 51.166; and (ii) in the case ofa majorstationary source, the pollutantwould be emitted in significant amounts, or, in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (d) Any minor source baseline date established originally forthe total suspended particulate increments shall remain in effect and shall apply for purposes ofdetermining the amountofavailable PM-10 increments, exceptthatthe department may rescind any such minorsource baseline datewhere it can be shown, to the satisfaction ofthe department, thatthe emissions increase from the major stationary source, orthe net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-47517.8.801 ENVIRONMENTAL QUALITY

(22) The following apply to the definition ofthe term "majorstationary source": (a) "major stationary source" means: (i) any ofthe following stationary sources ofair pollutants which emits, or has the potential to emit, 100tons peryearor more ofany pollutantsubjectto regulation underthe FCAA, excluding hazardous air pollutants, exceptto the extentthat such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) ofthe FCAA: fossil fuel-fired steam electric plants ofmore 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 ofcharging more than 250 tons ofrefuse perday, 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 peryear or
more ofany air pollutant subjectto regulation underthe FCAA, excluding hazardous air pollutants, exceptto the extentthatsuch hazardous air pollutants are regulated

as constituents ofmore general pollutants listed in section 108(a)(1) ofthe FCAA; or (iii) any physical change thatwould occur ata stationary source not otherwise qualifying under (22)(a)(i) or (ii), as a majorstationary source ifthe change would constitute a major stationary source by itself. (b) A major source that is majorfor volatile organic compounds will be considered majorfor ozone. (c) Thefugitive emissions ofa stationary source may not be included in determining, for any ofthe purposes ofthis subchapter, whether it is a major stationary source, unless the source belongs to one ofthe 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 ofcharging more than 250 tons of refuse per day; (ix) hydrofluoric, sulfuric, or nitric acid plants;

17-476 12/31/07 AD.MINISTRATIVE RULES OF MONTANAAIR 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 (orcombination 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 ofmore than 250 million British thermal units per hour heat input; and (xxvii) any other stationary source category which, as ofAugust 7, 1980, is being regulated under sections 111 or 112 ofthe FCAA. (23) "Necessary preconstruction approvals or permits" means those permits

or approvals required underfederal airquality control lawsand regulations and those air quality control laws and regulations which are part ofthe Montana State Implementation Plan.

ADMINISTRATIVE RULES OF MONTANA 

### 9/30106 17-47717.8.801 ENVIRONMENTAL QUALITY

(24) The following apply to the definition ofthe term "netemissions increase": (a) "net emissions increase" meansthe amount by which the sum ofthe following exceeds zero: (i) any increase in actual emissions from a particular physical change or change in the method ofoperation at a stationary source; and (ii) any other increases and decreases in actual emissions atthe sourcethat

are contemporaneous with the particular change and are otherwise creditable. (b) An increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only if itoccurs between the date five years before construction on the particular change commenced, and the datethatthe increasefrom the particular change occurs. (c) An increase or decrease in actual emissions is creditable only ifthe department has not relied on it in issuing a permit for the source underthis SUbchapter, which permit is in effectwhen the increase in actual emissions from the particular change occurs. (d) An increase or decrease in actual emissions ofsulfurdioxide, particulate matter; or nitrogen oxides which occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amountof maximum allowable increases remaining available. With respectto particulate matter, only PM-10 emissions may be used to evaluate the netemissions increase for PM-10. (e) An increase in actual emissions is creditable only to the extentthatthe

new level ofactual emissions exceeds the old level. (f) A decrease in actual emissions is creditable only to the extentthat: (i) the old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceedsthe new level ofactual emissions; (ii) it is federally enforceable at and afterthe 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 uniton which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unitthat requires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. (25) "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe sourceto emit a pollutant, including air pollution control eqUipment and restrictions on hours ofoperation oron thetype or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design only ifthe limitation or the effectitwould have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source.

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

(26) "Secondary emissions" means emissions which would occuras a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofthis 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 supportfacility which would not be constructed or increase its emissions exceptas a result ofthe construction oroperation ofthe majorstationary source or major modification. Secondary emissions do not include anyemissions which come directly from a mobile source such as emissions from the tailpipe ofa motorvehicle, from atrain, orfrom avessel. (27) The following apply to the definition ofthe term "significant": (a) "significant" means, in reference to a netemissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates:

Pollutantand Emissions Rate**C~rbon** monoxide: 100 tons peryear (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40tpy Particulate matter: 25 tpy ofparticulate matteremissions 15 tpy of PM-10 emissions Ozone: 40 tpy ofvolatile organic compounds Lead: 0.6 tpy Fluorides: 3tpy Sulfuric acid mist: 7 tpy Hydrogen sUlfide (H2S): 10tpy 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 peryear (3.5 

### * 10-6tpy) Municipal waste combustor metals (measured as particulate matter): 14 megagrams peryear (15 tpy) Municipal waste combustoracid gases (measured as sulfurdioxide and hydrogen chloride): 36 megagrams peryear (40 tpy) (b) "significant" means, in referenceto a net emissions increase orthe potential ofa sourceto emita pollutantsubjectto regUlation underthe FCAA, that (27)(a) does not list any emissions rate. This does not include hazardous air pollutants, exceptto the extent thatsuch hazardous air pollutants are regUlated as constituents ofmore general pollutants listed in section 108(a)(1) ofthe FCAA.

ADMINISTRATIVE RULES OF MONTANA 9/30/06 17-47917.8.801 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 constructwithin 10 kilometers ofa Class Iarea, and have an impacton such area equal to or greaterthan one IJg/m3 (24-hour average). (28) "Stationary source" means any building, structure, facility, or installation which emits or may emitany air pollutant sUbject to regulation underthe FCAA, excluding hazardous air pollutants, exceptto the extentthat such hazardous air pollutants are regulated as constituents ofmore general pollutants listed in section 108(a)(1) ofthe FCAA. (29) "Volatile organic compounds (VOC)" means the same as defined in 40 CFR 51.1OO(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 REVIEWOF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS--SOURCEAPPLICABILITY AND EXEMPTIONS (1) No major stationary source or major modification shall begin actual construction unless, as a minimum, requirements contained in ARM 17.8.819through 17.8.827 have been met. A majorstationary source or major modification exempted from the requirements ofsubchapter 7 underARM 17.8.744 or 17.8.745 shall, ifapplicable, still be required to obtain a Montana airquality permit and comply with all applicable requirements ofthis subchapter. (2) The requirements contained in ARM 17.8.819 through 17.8.827 shall apply to any majorstationary source and any major modification 

### with respect to each pollutant subjectto regulation underthe FCAA that it would emit, except as this subchapterwould otherwise allow

.. This does not include hazardous air pollutants, exceptto the extentthat such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) ofthe 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 majorstationary source or major modification thatwould be constructed in an area which is designated as attainment or unclassifiable under40 CFR 81.327, except that the requirements contained in ARM 17.8.819through 17.8.827 do not apply to a particular majorstationary source or major modification if: (a) the majorstationary source would be a nonprofit health or nonprofit educational institution or a major modification thatwould 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 17.8.819through 17.8.827, but only ifthe source proposesto relocate and emissions atthe new location would be temporary, the emissions from the source would not exceed its allowable emissions and would impact no Class Iarea and no area where an applicable increment is known to be violated, and reasonable notice is given to the department priorto the relocation identifying the proposed new location and the probable duration ofoperation at the new location. Such notice must be given to the department not less than ten days in advance ofthe proposed relocation unless a differenttime 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 iffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and such

source does not belong to any ofthe 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 ofcharging 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 atotal 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 categorywhich, as ofAugust 7, 1980, is being regulated undersection 111 or 112 ofthe FCAA. (4) The requirements contained in ARM 17.8.819through 17.8.827do not applyto a majorstationary source or major modification with respect to a particular pollutant ifthe owneror operatordemonstrates that, as to that pollutant, the source
or modification is located in an area designated as nonattainment under40 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 notapply to a proposed majorstationary source or major modification with respect to

a particular pollutant, ifthe allowable emissions ofthat pollutantfrom a new source,
orthe net emissions increase ofthat pollutant from a modification, would be temporary and impact no Class Iarea 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 ofa major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions ofeach pollutant sUbject to regulation under the FCAA from the modification afterthe application of BACTwould be less than 50 tons peryear. This does not include hazardous air pollutants, exceptto the extent that such hazardous air pollutants are regulated as constituents ofmore general pollutants listed in section 108(a)(1) ofthe FCAA. (7) The department may exempt a proposed majorstationarysource or major modification from the requirements ofARM 17.8.822, with respectto monitoring for a particular pollutant, if: (a) the emissions increase ofthe pollutantfrom a new stationary source or the net emissions increase ofthe pollutantfrom a modification would cause, in any area, air quality impacts less than the following amounts: 

### (i) carbon monoxide--575 

### IJg/m3

, 

### eight-houraverage; (ii) nitrogen dioxide--14 

### IJg/m3

, 

### annual average; (iii) particulate matter--10 

### IJg/m3 

### PM-10, 24-hour average; (iv) sulfurdioxide--13 

### IJg/m3

, 

### 24-hour average; (v) ozone--no de minimus airquality level is provided for ozone. However, any net increase of 100tons peryear or more ofvolatile organic compounds subject to this subchapterwould be required to perform an ambient impactanalysis, including the gathering ofambient airquality data; (vi) lead--0.1 

### jJg/m3

,

### three-month average; (vii) f1uorides--0.25 

### IJg/m3

, 

### 24-houraverage; (viii) total reduced sulfur--10 

### IJg/m3

, 

### one-hour average; (ix) hydrogen sulfide--O.2 

### jJg/m3

, 

### one-hour average; 

### (x) reduced sulfurcompounds--10 

### IJg/m3

, 

### one-hour average; or (b) the concentrations ofthe pollutant in the area thatthe 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 NonattainmentAreas

17.8.901 DEFINITIONS 

### In this subchapterthe following definitions apply: (1) "Actual emissions" means the actual rate ofemissions ofa pollutantfrom

an emissions unit as determined in accordance with (1)(a) through (c). (a) Actual emissions as ofa particulardate shall equal the average rate, in tons peryear, at which the unit actuallyemitted the pollutantduring a two-year period which precedes the particulardate and which is representative ofnormal

source operation. The department may determine that a differenttime is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (b) Ifthe department is unable to determine actual emissions consistentwith (1)(a), the department may presume that the source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit.

. (c) For any emissions unitwhich has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. (2) "Allowable emissions" means the emissions rate ofastationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally enforceable limits which restrictthe operating rate or hours of operation, orboth) and the most stringentofthe following: (a) the applicable standards as setforth in ARM 17.8.340or 17.8.341; (b) the applicable emissions limitation contained in the Montana state implementation plan, including those with afuture compliance date; or (c) the emissions rate specified as afederally enforceable permit condition, including those with a future compliance date. (3) "Begin actual construction" means, in general, initiation of physical on-site construction activities ofa permanent nature on an emissions unit. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation, this term refers to those on-site activities otherthan preparatory activities which markthe initiation ofthe change. (4) "Building, structure, facility, or installation" means all ofthe pollutantemitting activities which belong to the same industrial grouping, are located on one
or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control), exceptthe activities ofany vessel. Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey 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 17-52117.8.901 ENVIRONMENTAL QUALITY

(5) "Commence", as applied to construction ofa major stationary source or major modification, means thatthe owner or operator has all necessary preconstruction approvals or permits and either has: (a) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within areasonable 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 ofactual construction ofthe 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 ofa stationary source which emits or would have the potential to emit any pollutant subjectto regulation underthe 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, requirementswithin the Montana state implementation plan, and any permit requirement established pursuantto 

### 40 CFR 52.21 or under regulations approved pursuantto 

### 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated intothe Montana state implementation plan and expressly requires adherence to any permit issued under such program. (9) "Fugitive emissions" means those emissionswhich could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalentopening. (10) "Lowestachievable emission rate" means, for any source, the more stringent rate ofemissions based on the following: (a) the moststringent emissions limitation which is contained in the implementation plan ofany state for such class orcategory ofstationary source, unless the owner or operatorofthe proposed stationary source demonstratesthat such limitations are notachievable; or (b) the moststringentemissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate forthe new ormodified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit any pollutant in

excess ofthe amount allowable under applicable new source standards of performance under

### 40 CFR Parts 

### 60 and 

### 61.

17-522 

### 9/30106 ADMINISTRATIVE RULES OF MONTANAAIR QUALITY 17.8.901

(11) "Major mod)fication" means any physical change in, orchange in the method of, operation ofa majorstationary source thatwould result in a significant netemissions increase ofany pollutantsubjectto regulation underthe FCAA. (a) Any net emissions increasethat is considered significantforvolatile organic compounds is considered significant for ozone. (b) A physical change orchange in the method ofoperation does not include: (i) routine maintenance, repair, and replacement; (ii) use ofan alternative fuel or raw material by reason ofan order under (2)(a) and (2)(b) ofthe Energy Supply and Environmental Coordination Act of 1974, 15 USC 791, etseq. (1988), or by reason ofa natural gas curtailment plan pursuant to the Federal PowerAct, 16 USC 791a, etseq. (1988 and Supp. III 1991); (iii) use ofan alternative fuel by reason ofan order or rule undersection 125 ofthe FCAA;

. (iv) use ofan alternative fuel ata steam generating unitto the extentthatthe fuel is generated from municipal solid waste; (v) use ofan alternativ.e fuel or raw material by a stationarysource which: (A) the source was capable ofaccommodating before December21, 1976, unless such change would be prohibited underany federally enforceable permit condition which was established after December 12, 1976, pursuantto 40 CFR 52.21 or under regulations approved pursuantto 40 CFR Part 51, subpart 

### I, or section 51.166; or (B) the source is approved to use underany permit issued under regulations approved pursuantto 40 CFR 51.165; (vi) an increase in the hours ofoperation or in the production rate, unless such change is prohibited underany federally enforceable airquality preconstruction permit condition which was established after December21, 1976 pursuantto 40 CFR 52.21 or under regulations approved pursuantto 40 CFR Part 51, subpart 

### I, or section 51.166; (vii) any change in ownership at a stationary source. (12) Thefollowing applyto the definition ofthe term "majorstationary source": (a) "majorstationary source" means: (i) any stationary source ofair pollutants which emits, or has the potential to emit, 100tons peryear

### or more ofany pollutant subjectto regulation underthe FCAA; or (ii) anystationary source ofair pollutants located in a serious particulate matter (PM-10) nonattainmentarea which emits, or has the potential to emit, 70 tons peryearormore of PM-10; or (iii) any physical change thatwould occur at a stationary source not qualifying under (12)(a)(i) or (ii) as a majorstationary source, ifthe changewould constitute a major stationary source by itself.

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-52317.8.901 ENVIRONMENTAL QUALITY

(b) The fugitive emissions ofastationary source will not be included in determining, for any ofthe purposes ofthis subchapter, whether it is a major stationary source, unless the source belongs to one ofthe 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 coppersmelters; (viii) municipal incinerators capable ofcharging 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 unitswith atotal storage capacity exceeding 300,000 barrels; (xxiii) taconite ore processing plants; (XXiv) glassfiber processing plants; (xxv) charcoal production plants; (xxvi) fossil fuel-fired steam electric plants of morethan 250 million British thermal units per hour heat input; and (xxvii) any other stationary source category which, as ofAugust 7, 1980, is being regulated undersections 111 or 112 ofthe FCAA (13) "Necessary preconstruction approvals or permits" means those permits

or approvals required underfederal air quality control laws and regulations and those air quality control laws and regulations which are part ofthe Montana state implementation plan.

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

(14) The following apply to the definition ofthe term "net emissions increase": (a) "net emissions increase" means the amount by which the sum ofthe following exceeds zero: (i) any increase in actual emissions from a particular physical change or change in the method ofoperation 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 ordecrease in actual emissionsis contemporaneous with the increase from the particularchange only ifit occurs between the date five years before construction on the particular change commenced, and the date that the increasefrom the particular change occurs. (c) An increase ordecrease in actual emissions is creditable only ifthe department has not relied on itin issuing a permitfor the source under regulations approved pursuantto 40 CFR 51.165, which permit is in effectwhen the increase in actual emissionsfrom the particular change occurs. (d) An increase in actual emissions is creditable onlyto the extent thatthe

new level ofactual emissions exceeds the old level. (e) A decrease in actual emissions is creditable only to the extent that: (i) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (ii) it is federally enforceable at and afterthe 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 Part51, 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 approximatelythe 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 unitthat requires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days.

17-525 ADMINISTRATIVE RULES OF MONTANA 

### 9/30106

### 17.8.901 ENVIRONMENTAL QUALITY

(15) "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical andoperational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipmentand restrictions on hours ofoperation oron the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design only ifthe limitation orthe effect itwould have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. (16) "Reasonable further progress" means annual incremental reductions in emissions ofthe applicable air pollutantwhich are required by the FCAA orthe administratorfor attainment ofthe applicable national ambient airquality standard by the date required in section 172(a) ofthe FCAA. (17) "Secondary emissions" means emissions which would occuras a result ofthe construction or operation ofa majorstationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofthis chapter, secondary emissions must be specific, well defined, quantifiable, and impactthe 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 ofthe construction or operation ofthe majorstationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe ofa motorvehicle, from a train, orfrom a vessel. (18) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal orexceed any ofthe following rates:

Pollutant and Emission Rate Carbon monoxide: 100 tons peryear (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy ofparticulate matteremissions

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 subjectto regulation underthe FCAA. (20) "Volatile organiccompounds (VOC)" means the same as defined in 40 CFR 51.1OO(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 MONTANAAIR QUALITY 17.8.902

17.8.902 INCORPORATION BY REFERENCE (1) Forthe purposes ofthis subchapter, the board adopts and incorporates by reference the followin : 60, ertaining to standards of erfor stationary sources, exceptfor 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 airquality attainment status designations for Montana; (d) section 173 ofthe FCAA, as codified in 42 USC 7503, pertaining to permit reqUirements for permit programs in nonattainment areas; (e) sections 188 through 190ofthe 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 ofindustrial classification and definition based upon the composition and structure ofthe economy. (2) A copy ofmaterials incorporated by reference in this subchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 

### E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA22161; 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 Centerfor 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 ofDocuments), 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 ofthe CFR may be obtained from the U.S. Government Printing Office, as described in (3)(c).

ADMINISTRATIVE RULES OF MONTANA 12/31/07 17-52917.8.902 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 MONTANAAIR QUALITY 17.8.1002

17.8.1002 INCORPORATION BY REFERENCE (1) For the purposes ofthis subchapter, the board ado ts and incor orates b reference the followin

. stationary sources, exceptfor 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 ofthe FCAA, as codified in 42 USC 7503, pertaining to requirements for permit programs in nonattainment areas; (e) sections 188through 190 ofthe FCAA, as codified in 42 USC 7513 through 7513b, pertaining to additional requirements for particulate matter in nonattainmentareas; 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 ofthe economy. (2) A copy of materials incorporated by reference in this sUbchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT59620-0901. (3) Copies offederal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA22161; 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 Centerfor 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 athttp://www.epa.gov/natlibra/ libraries.htm. (4) Copies ofthe CFR may be obtained from the U.S. Government Printing Office, as described in (3)(c).

ADMINISTRATIVE RULES OF MONTANA 

### 12/31/07 17-55117.8.1002 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 MONTANA17.8.1007 ENVIRONMENTAL QUALITY

17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS (1) Forthepurposes ofthis subchapter, the following requirements shall apply: (a) the requirements ofARM 17.8.906, exceptthat 17.8.906(7) through (9) is notapplicable to offsets required underthis sUbchapter; (b) emission offsets must be reductions in actual emissions for the same pollutant obtained from the same source orother sources which are located in the

same general area ofthe proposed major stationary source or modification, and that contribute to orwould contribute to the violation ofthe national ambient air quality standard; (c) in the case ofemission offsets involving volatile organic compounds and oxides of nitrogen, offsetswill generally be acceptable ifthey are obtained from within the areas specified in (1)(b). Ifthe proposed offsets would be from sources located atconsiderable distances from the new source, the departmentshall increase the ratio ofthe required offsets and require a showing by the applicantthat nearby offsetswere investigated and reasonable alternatives were notavailable; and (d) in the case ofemission offsets involving sulfur dioxide, particulates, and carbon monoxide, areawide mass emission offsets are not acceptable, and the applicantshall perform atmospheric simulation modeling to ensurethat emission offsets provide a positive net airquality benefit. The department may exemptthe applicantfrom the atmospheric simulation modeling requirement ifthe emission offsets provide a positive net air quality benefit, are obtained from an existing source
on the same premises orin the immediate vicinity ofthe newsource, and the pollutants dispersefrom SUbstantially the same effective stack height; (e) no emissions credit shall be allowed for replacing one hydrocarbon compound with anotherof lesser reactivity, exceptfor those compounds listed in Table 1 of EPA's "Recommended Policy on Control ofVolatile 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 MONTANAAIR QUALITY 17.8.1102

SUbchapter 11

Visibility ImpactAssessment

17.8.1101 DEFINITIONS Forthe purposes ofthis subchapter: (1) "Federal Class I area" means those areas listed in ARM 17.8.806(1) and any otherfederal land that is classified or reclassified as Class I. (2) "Adverse impact on visibility" meansvisibility impairmentwhich the departmentdetermines does or is likely to interfere with the management, protection, preservation, orenjoymentofthe visual experience ofvisitors within a federal Class I area. The determination must be made on a case-by-case basis taking into accountthe geographic extent, intensity, duration, frequency, and time of visibility impairment, and howthese factors correlate with times ofvisitor use ofthe federal Class I area, and the frequency and occurrence of natural conditionsthat reduce visibility. (3) "Visibility impairment" means any humanly perceptible change in visual range, contrast, or coloration from thatwhich would have existed under natural conditions. Natural conditions include fog, clouds, windblown dustfrom 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) Forthe purposes ofthis subchapter, the board adopts and incorporates by reference the following: (a) 40 CFR 81.327, prOViding attainment status designation for Montana pursuantto section 107 ofthe Federal Clean AirAct; (b) "Workbookfor PlumeVisual ImpactScreening and Analysis" (Revised) (EPA-454/R-92/023), specifying methods for estimating visibility impairment. (2) A copy ofmaterials incorporated by reference in this sUbchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA22161; 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 Centerfor 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. Box371954, 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.

17-571 ADMINISTRATIVE RULES OF MONTANA 12/31/0717.8.1103 ENVIRONMENTAL QUALITY

(4) Copies ofthe CFR may be obtained from the U.S. Government Printing Office, as described in (3)(c). (History: 75-2-111,.MCA; IMP, Title 75, chapter2, 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 owneror operatorof a proposed major stationary
source, as defined by ARM 17.8.801(22), or ofa source proposed for a major modification, as defined by ARM 17:8.801(20) proposing to construct such a source
or modification afterJuly 1, 1985, in any area within the state ofMontana designated

as attainment, unclassified, or nonattainment, in accordance with 40 CFR 81.327, incorporated by reference in ARM 17.8.1102. The requirements ofthis subchapter shall be integrated with the requirements ofARM Title 17, chapter8, subchapters 7 (Permit, Construction, and Operation ofAir Contaminant Sources) and 8 (Prevention of Significant Deterioration ofAir 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