ENVIRONMENTAL QUALITY 

 CHAPTER 8 

 AIR QUALITY 

 Subchapter 16 

Emission Control Requirements for 

Oil and Gas Well Facilities Operating 

Prior to Issuance of a Montana Air Quality Permit 

Rule 17.8.1601 Definitions 

 17.8.1602 Applicability and Coordination with Montana Air Quality Permit 

Rules 

 17.8.1603 Emission Control Requirements 

 17.8.1604 Inspection and Repair Requirements 

 17.8.1605 Recordkeeping Requirements 

 17.8.1606 Delayed Effective Date 
 AIR QUALITY 17.8.1602 

 Subchapter 16 

Emission Control Requirements for 

Oil and Gas Well Facilities Operating 

Prior to Issuance of a Montana Air Quality Permit 

17.8.1601 DEFINITIONS For the purposes of this subchapter, the following 

definitions apply: 

 (1) "Emissions minimizing technology" means a technology that reduces the 

amount of volatile organic compound (VOC) emissions from oil and gas well facilities 

through the use of resource recovery as fuel for process units or technology that 

results in significantly lower emissions of VOCs through the use of vapor capture 

and introduction into a pipeline. 

 (2) "Initial well completion date" has the meaning provided in 75-2-211(2)(b), 

MCA. 

 (3) "Oil and gas well facility" has the meaning provided in 75-2-103(13), 

MCA. 

 (4) "Potential to emit (PTE)" means the maximum capacity of a facility or 

emitting unit, within physical and operational design, to emit a pollutant. Any 

physical or operational limitation on the capacity of the facility or emitting unit 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, is 

treated as part of its design only if the limitation or the effect it would have on 

emissions is federally enforceable. Secondary emissions are not considered in 

determining potential to emit. (History: 75-2-111, 75-2-211, MCA; IMP, 75-2-211, 

MCA; NEW, 2005 MAR p. 2660, Eff. 1/1/06.) 

17.8.1602 APPLICABILITY AND COORDINATION WITH MONTANA AIR 

QUALITY PERMIT RULES (1) The requirements of this subchapter apply to oil and 

gas well facilities that were completed after March 16, 1979, or that were modified 

after March 16, 1979, and that have the potential to emit (PTE) more than 25 tons 

per year (TPY) of any airborne pollutant that is regulated under this chapter. 

 (2) Notwithstanding (1), the requirements of ARM 17.8.1603 do not apply 

until July 1, 2006, to oil and gas well facilities completed prior to January 3, 2006. 

 (3) The owner or operator of an oil and gas well facility shall submit to the 

department an application for a Montana air quality permit, pursuant to ARM 

17.8.748, no later than January 3, 2006, or within 60 days after the initial well 

completion date for the facility, whichever is later. 

 (4) An owner or operator who complies with the requirements of this 

subchapter may construct, install, or use equipment necessary to complete or 

operate an oil or gas well facility without a permit until the department's decision on 

the application is final. (History: 75-2-111, 75-2-211, MCA; IMP, 75-2-211, MCA; 

NEW, 2005 MAR p. 2660, Eff. 1/1/06.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/06 17-765 
17.8.1603 ENVIRONMENTAL QUALITY 

17.8.1603 EMISSION CONTROL REQUIREMENTS (1) The owner or 

operator of an oil and gas well facility shall install and operate the following air 

pollution control equipment and comply with the following air pollution control 

practices: 

 (a) volatile organic compound (VOC) vapors greater than 500 British thermal 

units per standard cubic foot (BTU/scf) from oil and gas wellhead equipment must be 

routed to a gas pipeline, or, if a gas pipeline is not located within a 1/2 mile of the oil 

and gas well facility, VOC vapors greater than 500 BTU/scf must be captured and 

routed to emissions minimizing technology or to a smokeless combustion device 

equipped with an electronic ignition device or a continuous burning pilot system; 

 (b) VOC vapors greater than 500 BTU/scf from oil and condensate storage 

tanks with the PTE of 15 TPY or greater must be captured and routed to a gas 

pipeline, or if a gas pipeline is not located within a 1/2 mile of the oil and gas well 

facility, VOC vapors greater than 500 BTU/scf from storage tanks with the PTE of 15 

TPY must be captured and routed to emissions minimizing technology, or to a 

smokeless combustion device equipped with an electronic ignition device or a 

continuous burning pilot system; 

 (c) hydrocarbon liquids must be loaded into transport vehicles using 

submerged fill technology; 

 (d) VOC vapors greater than 500 BTU/scf from loading transport vehicles 

with the PTE greater than 15 TPY must be captured and routed to a gas pipeline, or, 

if a gas pipeline is not located within a 1/2 mile of the oil and gas well facility, VOC 

vapors greater than 500 BTU/scf from loading transport vehicles with a PTE greater 

than 15 TPY must be routed to emissions minimizing technology, or to a smokeless 

combustion device equipped with an electronic ignition device or a continuous 

burning pilot system; 

 (e) stationary internal combustion engines of rich burn design greater than 85 

brake horsepower (BHP) must be equipped with nonselective catalytic reduction or 

its equivalent to control air emissions; 

 (f) stationary internal combustion engines of lean burn design greater than 85 

BHP must be equipped with oxidation catalytic reduction or its equivalent to control 

air emissions; and 

 (g) oil and gas well facility operations must comply with the ambient air 

quality standards for hydrogen sulfide and other criteria pollutants. 

 (2) The owner or operator of an oil and gas well facility shall operate the air 

pollution control equipment and comply with the air pollution control practices 

required in (1) from the initial well completion date for the facility until the department 

decision on the permit application is final. (History: 75-2-111, 75-2-211, MCA; IMP, 

75-2-211, MCA; NEW, 2005 MAR p. 2660, Eff. 1/1/06.) 

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 AIR QUALITY 17.8.1606 

17.8.1604 INSPECTION AND REPAIR REQUIREMENTS (1) The owner or 

operator of an oil and gas well facility shall inspect all VOC piping components for 

leaks each calendar month. Leak detection methods may incorporate the use of 

sight, sound, or smell. 

 (2) The owner or operator shall make the first attempt to repair any leaking 

VOC equipment within five days after the leak is detected. 

 (3) Any leaking VOC equipment must be repaired as soon as practicable, but 

no later than 15 days after the leak is initially detected, unless the repair is 

technically infeasible without a facility shutdown. Such equipment shall be repaired 

before the end of the first facility shutdown after the leak is initially detected. 

(History: 75-2-111, 75-2-211, MCA; IMP, 75-2-211, MCA; NEW, 2005 MAR p. 2660, 

Eff. 1/1/06.) 

17.8.1605 RECORDKEEPING REQUIREMENTS (1) The owner or operator 

of an oil and gas well facility shall record, and maintain onsite or at a central field 

office, a record of each monthly inspection. 

 (2) Inspection records must include, at a minimum, the following information: 

 (a) the date of the inspection; 

 (b) the findings of the inspection; 

 (c) the leak determination method used; 

 (d) any corrective action taken; and 

 (e) the inspector's name and signature. 

 (3) All records of inspection and repair must be kept as a permanent 

business record for at least five years, be available for inspections, and be submitted 

to the department upon request. (History: 75-2-111, 75-2-211, MCA; IMP, 75-2-

211, MCA; NEW, 2005 MAR p. 2660, Eff. 1/1/06.) 

17.8.1606 DELAYED EFFECTIVE DATE (1) The requirements of ARM 

17.8.1601 through 17.8.1605 are not effective until January 1, 2006. (History: 75-2-

111, 75-2-211, MCA; IMP, 75-2-211, MCA; NEW, 2005 MAR p. 2660, Eff. 12/23/05.) 

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