OfFICE OF THE GOVERNOR 


ST:\TI~ (H' MONTANA 


B ! ( 1.\:\ S ( ;' \\ J', i T f'. 

COVE ~()p 

,J () II" BOIl L I!\, G E R 

LT. Go V ERI'i () h 

NOV 0 3 Z006 

November 1, 2006· 

Robert E. Roberts 

Regional Administrator 

USEPA, Region 8 

999 18th Street, Suite 500 

Denver, Colorado 80202-2466 

Dear Mr. Roberts: 

Montana is submitting revisions to its State Implementation Plan (SIP). This submission 

contains revisions to the following rules: New Rules I-VI, codified as ARM 17.8.1701, 

17.8.1702,17.8.1703,17.8.1704,17.8.1705, 17.8.1710, 17.8.1711, 17.8.1712, and 

17.8.1713, establishing a system of registration of oil and gas well facilities, and ARM 

17.8.744, which provides for the exclusion of eligible facilities from Montana air quality 

permitting requirements. The Montana Board of Environmental Review (Board) 

adopted these new rules and rule amendment on March 23, 2006. 

This submission also contains revisions to the following rules: ARM 17.8.101, 17.8.102, 

17.8.103,17.8.302,17.8.767,17.8.801, 17.8.802, 17.8.818, 17.8.902, and 17.8.1002 

pertaining to incorporation by reference of current federal regulations and other 

materials into air quality rules. The Board adopted these revisions on July 21,2006. 

This submission contains two copies of the Records of Adoption as required by 40 CFR 

Part 51, Appendix V. SIP narrative replacement pages for this submission will be 

mailed at a later date. If you have any questions concerning the contents of this 

submission, please direct them to Debra Wolfe, Montana Department of Environmental 

Quality at (406) 444-7916. 

Sincerely, 

r; .,.. '/ 

_ ....... ¥"r .~ 

BRIAN SCHWEITZER 

Governor .RECEIVED 

Enclosure 

rJSEPA RI~S f)FFTCF 


STATe; Cfll'ITOi. • P.O. Box 200801 • I-iJ,:LE:-.IA. MONTANA 59620·0801 


TEI.EPl!m;Jc: 406·4442$111 • FAx: 406 444 5529 • WEbSl'n:: 'i'iViW.MT,r,O'/ 

Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8.740 

17.8.740 DEFINITIONS For the purposes of this subchapter: 

(1) "Best available control technology (BACT)" means an emission limitation (including a visible 

emission standard), based on the maximum degree of reduction for each pollutant subject to regulation under 

42 U.S.C. 7410, et seq. or 75-2-101, et seq., MCA, that would be emitted from any proposed emitting unit or 

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

economic impacts and other costs, determines is achievable for such emitting unit 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 contaminant. In no event may application 

of BACT result in emission of any regulated air pollutant that would exceed the emissions allowed by any 

applicable standard under ARM Title 17, chapter 8, subchapter 3, and this subchapter. If the department 

determines that technological or economic limitations on the application of measurement methodology to a 

particular class of emitting units would make the imposition of an emission standard infeasible, it may instead 

prescribe a design, equipment. work practice, or operational standard or combination thereof, to require the 

application of BACT. Such standard must, to the degree possible, set forth the emission reduction achievable 

by implementation of such deSign, eqUipment, work practice or operation and must provide for compliance by 

means that achieve equivalent results. 

(2) "Construct" or "construction" includes a reasonable period of time for startup and shakedown and 

means: 

(a) initiation of on-site fabrication. erection, or installation of an emitting unit or control equipment 

including. but not limited to: 

(i) installation of building supports or foundations; 

(ii) laying of underground pipework; or 

(iii) construction of storage structures; or 

(b) the installation of any portable or temporary equipment or facilities. 

(3) "Day" means calendar day unless otherwise stated. 

(4) "Emitting unit" means: 

(a) any equipment that emits or has the potential to emit any regulated air pollutant under the Clean 

Air Act of Montana through a stack(s) or vent(s); or 

(b) any equipment from which emissions consist solely of fugitive emissions of a regulated air pollutant 

under the Clean Air Act of Montana. 

(5) "Existing emitting unit" means an emitting unit that was in existence and operating or was capable 

of being operated on March 16, 1979. or for which the department had issued a permit by that date. 

(6) "Facility" means any real or personal property that is either stationary or portable and is located on 

one or more contiguous or adjacent properties under the control of the same owner or operator and that emits or 

has the potential to emit any air pollutant subject to regulation under the Clean Air Act of Montana or the Federal 

Clean Air Act. including associated control equipment that affects or would affect the nature, character, 

composition, amount, or environmental impacts of air pollution and that has the same two-digit standard 

industrial classification code. A facility may consist of one or more emitting units. 

ADMINISTRATIVE RULES OF MONTANA 6/30106 

Replaces Page: 9.2.2.7 (4) Dated: December 6, 2002 

March 23, 2006 Page: 4 of 30 

Page 9.2.2.7 (4) 

17-427 
(, 	 Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17.8.740 	 ENVIRONMENTAL QUALITY 

(7) "Install" or "installation" means to set into position and connect or adjust for use. 

(8) "Modify" does not include routine maintenance, repair, or replacement but means: 

(a) construction or changes in operation at a facility or emitting unit for which the department 

has issued a Montana air quality permit under this chapter, except when a permit is not required under 

ARM 17.8.745; 

(b) construction or changes in operation at a facility or emitting unit for which a Montana air 

quality permit has not been issued under this chapter but that subjects the facility or emitting unit to 

the requirements of ARM 17.8.743; 

(c) construction or changes in operation at a facility or emitting unit that would violate any 

condition in the facility's Montana air quality permit, any board or court order, any control plan within 

the Montana state implementation plan, or any rule in this chapter, except as provided in ARM 

17.8.745; 

(d) construction or changes in operation at a facility or emitting unit that would qualify as a 

major modification of a major stationary source under subchapters 8,9, or 10 of this chapter; 

(e) construction or changes in operation at a facility or emitting unit that would affect the 

plume rise or dispersion characteristics of emissions in a manner that would cause or contribute to a 

violation of an ambient air quality standard or an ambient air increment. as defined in ARM 17.8.804; 

or 

(f) any change in operation that affects emissions and that was not previously permitted, 

except that a change in operation that does not result in an increase in emissions because of the 

change is not a modification. 

(9) "Montana air quality permit" means a preconstruction permit issued under this subchapter 

that may include requirements for the construction and subsequent operation of an emitting unit(s) or 

facility. 

(10) "Negligible risk to the public health, safety, and welfare and to the environment" means 

an increase in excess lifetime cancer risk of less than 1.0 x 10-6

, for any individual pollutant, and 1.0 

x 10-5

, for the aggregate of all pollutants, and an increase in the sum of the noncancer hazard 

quotients for all pollutants with similar toxic effects of less than 1.0, as determined by a human health 

risk assessment conducted according to ARM 17.8.767. The department shall also consider 

environmental impacts identified in any environmental analysis conducted pursuant to the Montana 

Environmental Policy Act, Title 75, chapter 1, parts 1 through 3, MeA, in determining compliance with 

all applicable rules or other requirements requiring protection of public health, safety, and welfare and 

the environment. 

(11) "New or modified emitting unit" means an emitting unit that was not constructed or upon 

which construction was not commenced prior to March 16, 1979. 

(12) "Owner or operator" means the owner of a facility or other person deSignated by the 

owner as responsible for overall operation of the facility. 

17-428 6/30/06 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: 9.2.2.7 (5) Dated: December 6,2002

---------~---- ~-..----'-----------------­

March 23, 2006 Page: 5 of 30 


Page 9.2.2.7 (5) 

Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8.743 

(13) "Potential to emit" 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. 

(14) "Routine maintenance, repair, or replacement" means any action taken upon an emitting unit by 

the owner or operator that is necessary on a periodiC basis to assure proper operation of the emitting unit. The 

term routine does not include activities that: 

(a) have associated fixed capital costs in excess of 50% of the fixed capital cost necessary to 

construct a comparable, entirely new emitting unit; 

(b) change the design of the emitting unit, including associated control equipment; or 

(c) increase the potential to emit of the emitting unit. 

(15) "Secondary emissions" means emissions that would occur as a result of the construction or 

operation of a facility or emitting unit, but do not come from the facility or emitting unit itself. Secondary 

emissions must be specific, well defined. quantifiable, and impact the same general area as the facility or 

emitting unit which causes the secondary emissions. Secondary emissions may include, but are not limited to: 

(a) emissions from trains coming to or from the facility or emitting unit; 

(b) emissions from any off-site support facility that otherwise would not be constructed or increase its 

emissions as a result of the construction or operation of the facility or emitting unit. (History: 75-2-111, 75-2­

204, MeA; IMP, 75-2-211, MeA; NEW, 2002 MAR p. 3567, Eff. 12/27/02.) 

Rules 17.8.741 and 17.8.742 reserved 

17.8.743 MONTANA AIR QUALITY PERMITS--WHEN REQUIRED 

(1) Except as provided in ARM 17.8.744, 17.8.745, and 17.8.1602, a person may not construct, install, 

mOdify, or operate any of the following without first obtaining a Montana air quality permit issued by the 

department: 

(a) a new facility or emitting unit with the potential to emit airborne lead in an amount greater than five 

tons per year or a modification to an existing facility or emitting unit that results in an increase in the facility or 

emitting unit's potential to emit airborne lead by an amount greater than 0.6 tons per year; 

(b) asphalt concrete plants, mineral crushers, and mineral screens that have the potential to emit more 

than 15 tons per year of any airborne pollutant, other than lead, that is regulated under this chapter; 

(c) any incinerator, as defined in 75-2-103(11), MeA, and that is subject to the requirements of 75-2­

215, MeA; 

ADMINISTRATIVE RULES OF MONTANA 6/30106 17-429 

Replaces Page: 9.2.2.7 (6) Dated: December 6,2002 

March 23, 2006 Page: 6 of 30 

Page 9.2.2.7 (6) 
Volume I 

Cha ter 9 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject: Administrative 

Rules of 

Montana 

17.8.743 ENVIRONMENTAL QUALITY 

(d) any facility or emitting unit upon which construction commenced, or that was installed, 

before November 23, 1968, when that facility or emitting unit is modified after that date and the 

modification increases the potential to emit by more than 25 tons per year of any airborne pollutant, 

other than lead, that is regulated under this chapter; or 

(e) any other facility or emitting unit upon which construction was commenced. or that was 

installed. after November 23,1968, that is not specifically excluded under ARM 17.8.744. and that has 

the potential to emit more than 25 tons per year of any airborne pollutant, other than lead, that is 

regulated under this chapter. 

(2) An owner or operator who has submitted an application and received a completeness 

determination from the department pursuant to ARM 17.8.759 may, prior to receiving a Montana air 

quality permit, initiate the following seasonal construction activities that, when completed, would have 

no anticipated increases in emissions of regulated air pollutants associated with them: 

(a) installing concrete foundation work; 

(b) installing below-ground plumbing; 

, 

(c) installing ductwork; or 

(d) other infrastructure andlor excavation work involving the same. 

(3) Notwithstanding the ability to undertake the construction activities described above. the 

department may issue a letter instructing the owner or operator to immediately cease such activities 

pending a final determination on an application if it finds that the proposed project would result in a 

violation of the state implementation plan or would interfere with the attainment or maintenance of any 

federal or state ambient air quality standard. 

(4) Nothing in (2) obligates the department to issue a Montana air quality permit. An owner or 

operator who has received a completeness determination and who elects to engage in initial 

construction activities accepts the regulatory risks of engaging in such activities. The owner or 

operator acknowledges that the department may subsequently order cessation of initial construction 

activities. ultimately decline to issue a Montana air quality permit, or issue a permit that diminishes or 

renders useless the value of work completed prior to permit issuance. In voluntarily choosing to 

engage in such activities while knowing of these risks, the owner or operator agrees that. in the event 

the department seeks injunctive relief to halt or prohibit construction, no irreparable harm has resulted 

in any way to the owner or operator from these activities. 

(5) The provisions of (2) do not supersede any other local, state. or federal requirements 

associated with the activities set forth therein. (History: 75-2-111. 75-2-204, MCA; IMP, 75-2-211, 

MCA; NEW. 2002 MAR p. 3567, Eft. 12/27/02; AMD, 2005 MAR p. 2660, Eft. 12/23/05.) 

17-430 6/30/06 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: 9.2.2.7 (7) Dated: December 2, 2005

March 23, 2006 Page: 7 of 30 

Page 9.2.2.7 (7) 
Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8.744 

17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS 

(1) A Montana air quality permit is not required under ARM 17.8.743 for the following: 

(a) residential fireplaces, barbecues. and similar devices for recreational, cooking, or heating 

use; 

(b) mobile emitting units, including motor vehicles, trains. aircraft. and other such selfpropelled vehicles; . 

(c) laboratory equipment used for chemical or physical analysis; 

(d) any activity or equipment associated with the use of agricultural land or the planting. 

production. harvesting or storage of agricultural crops (this exclusion does not apply to the processing 

of agricultural products by commercial businesses); 

(e) emergency equipment installed in hospitals or other public institutions or buildings for use 

when the usual sources of heat. power or lighting are temporarily unobtainable or unavailable; 

(f) emergency equipment installed in industrial or commercial facilities for use when the usual 

sources of heat, power. or lighting are temporarily unobtainable or unavailable and when the loss of 

heat, power, or lighting causes. or is likely to cause. an adverse effect on public health or facility 

safety. Emergency equipment use extends only to those uses that alleviate such adverse effects on 

public health or facility safety; 

(g) any activity or equipment associated with the construction, maintenance, or use of roads 

except emitting units for which a permit is required under ARM 17.8.743; 

(h) open burning. which is regulated under ARM Title 17, chapter 8, subchapter 6. and an 

open burning permit may be required under that subchapter; 

(i) drilling rig stationary engines and turbines that do not have the potential to emit more than 

100 tons per year of any pollutant regulated under this chapter and that do not operate in any single 

location for more than 12 months; 

U) temporary process or emission control equipment, replacing malfunctioning process or 

emission control equipment, and meeting the requirements of ARM 17.8.110(7) through {9}; 

(k) routine maintenance, repair, or replacement of equipment and equipment used to perform 

routine maintenance. repair. or replacement; or 

(I) any facility that has been registered with the department in accordance with ARM Title 17, 

chapter 8, subchapter 17. (History: 75-2-111. 75-2-204, 75-2-234, MCA; IMP, 75-2-211. 75-2-234, 

MCA; NEW, 2002 MAR p. 3567. Eff. 12/27/02; AMD. 2006 MAR p. 893, Eff. 4/7/06.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/06 

Replaces Page: 9.2.2.7 (8) Dated: December 2, 2005

, March 23, 2006 Page: 8 of 30 

Page 9.2.2.7 (8) 

17-431 
(, Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17.8.745 	 ENVIRONMENTAL QUALITY 

17.8.745 MONTANA AIR QUALITY PERMITS--EXCLUSION FOR DE MINIMIS 

CHANGES (1) A Montana air quality permit is not required under ARM 17.8.743 for de 

minimis changes as specified below: 

(a) Construction or changed conditions of operation at a facility for which a Montana 

air quality permit has been issued that do not increase the facility's potential to emit by more 

than 15 tons per year of any pollutant except: 

(i) any construction or changed conditions of operation at a facility that would violate 

any condition in the facility's existing Montana air quality permit or any applicable rule 

contained in this chapter is prohibited, except as allowed in (2); 

(ii) any construction or changed conditions of operation at a facility that would qualify 

as a major modification of a major stationary source under subchapters 8, 9, or 10 of this 

chapter; 

(iii) any construction or changed conditions of operation at a facility that would affect 

the plume rise or dispersion characteristics of the emissions in a manner that would cause or (, 	 contribute to a violation of an ambient air quality standard or an ambient air increment, as 

defined in ARM 17.8.804; 

(iv) any construction or improvement project with a potential to emit more than 15 

tons per year may not be artificially split into smaller projects to avoid permitting under this 

subchapter: and 

(v) emission reductions obtained through offsetting within a facility are not included 

when determining the potential emission increase from construction or changed conditions of 

operation, unless such reductions are made federally enforceable. 

(b) The owner or operator of any facility making a de minimis change pursuant to 

(1 )(a) shall notify the department if the change would include addition of a new emissions 

unit, a change in control equipment, stack height, stack diameter, stack flow, stack gas 

temperature, source location, or fuel specifications, or would result in an increase in source 

capacity above its permitted operation. 

17-432 	 6/30/06 ADMINISTRATIVE RULES OF MONTANA 


Replaces Page: 9.2.2.7 (9) Dated: December 2,2005 

March 23, 2006 Page: 90f30 

Page 9.2.2.7 (9) 
Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8.745 

(c) The following are excluded from the notice requirements of (1 )(b): 

(i) day-to-day fluctuations of the parameters described in (1 )(b), occurring as a result 

of the design or permitted operations of the facility, including startup and shutdown of 

emission sources at the facility; and 

(ii) addition, modification, or replacement of pumps, valves, flanges and similar 

emission sources. The department shall develop, maintain, and update a Jist of emission 

sources it believes qualify for exclusion from the notice requirements. Upon request, the 

department shall provide a copy of the list to interested persons. 

(d) If notice is required under {1 )(b), the owner or operator shall submit the following 

information to the department in writing at least ten days prior to startup or use of the 

proposed de minimis change or as soon as reasonably practicable in the event of an 

unanticipated circumstance causing the de minimis change: 

(i) a description of the proposed de minimis change requiring notice, including the 

anticipated date of the change; 

(ii) sufficient information to calculate the potential emissions resulting from the 

proposed de minimis change; and 

. (iii) if applicable, an explanation of the unanticipated circumstance causing the 

change. 

(e) The notice requirements under {1 )(d) do not supersede, or otherwise change, 

any requirements in 40 CFR Parts 60,61, or 63. 

(2) A Montana air quality permit may be amended pursuant to ARM 17.8.764, for 

changes made under (1 )(a)(i) that would otherwise violate an existing condition in the permit. 

Conditions in the permit concerning control equipment specifications, operational 

procedures, or testing, monitoring, record keeping, or reporting requirements may be 

modified if the modification does not violate any statute, rule, or the state implementation 

plan. Conditions in the permit establishing emission limits, or production limits in lieu of 

emission limits, may be changed or added under (1 )(a), if the owner or operator agrees to 

such changes or additions. (History: 75-2-111,75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 

2002 MAR p. 3567, Eff. 12/27102.) 

Rules 17.8.746 and 17.8.747 reserved 

NEXT PAGE IS 17-437 

ADMINISTRATIVE RULES OF MONTANA 6/30106 17-433 

, 

Replaces Page: Dated: December 6,2002 

March 23, 2006 Page: 10 of 30 

Page 9.2.2.7 (10) 
Volume I 

Chapter 9 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject: 	Administrative 

Rules of 

Montana 

This page left intentionally blank 

Replaces Page: 9.2.2.7 (11) Dated: December 6,2002

March 23, 2006 Page: 11 of 30 

Page 9.2.2.7 (11) 
, Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

I 

I 

I 

AIR QUALITY 17.8.1702 I 

Subchapter "17 f 

/

Registration of Air Contaminant Sources f' 

~ 17.8.1701 DEFINITIONS For the purposes of this subchapter: r 

(1) "Emitting unit" means: ! (a) any equipment that emits or has the potential to emit any regulated air pollutant under the 

I 

r Clean Air Act of Montana through a stack(s) or vent(s); or 

(b) any equipment from which emissions consist solely of fugitive emissions of a regulated air 

! pollutant under the Clean Air Act of Montana. 

, 

(2) "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 eftect it would have on emissions 

is federally enforceable. Secondary emissions are not considered in determining potential to emit. 

(3) "Registered facility" means any registration eligible facility that has been registered for 

operation under the requirements in this subchapter. 

(4) "Registration" means identifying equipment and/or processes to the department in 

accordance with this subchapter. 

(5) "Registration eligible facility" means an oil or gas well facility as defined in 75-2-103(13), 

MCA, and subject to the requirements of ARM 17.8.743. 

(6) "VOC piping components" means valves, pumps, compressors, flanges, pressure relief 

valves and connectors, and other piping components that have VOC emissions. (History: 75-2-111, 

75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eft. 4/7/06.) 

17.8.1702 APPLICABILITY (1) The owner or operator of a registration eligible facility may 

register with the department in lieu of submitting an application for, and obtaining, a Montana air 

quality permit (MAQP). Nothing in this subchapter precludes an owner or operator from obtaining 

and/or maintaining a MAQP in accordance with ARM Title 17, chapter 8, subchapter 7. 

(2) The owner or operator of an oil or gas well facility subject to the requirements of ARM 

Title 17, chapter 8, subchapter 12, is not eligible to register under this subchapter. (History: 75-2-111, 

75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eft. 4/7/06.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/06 17-781 

Replaces Page: Dated: 

March 23, 2006 Page: 1 of 5 

Page 9.2.2.17 (1) 
Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17.8.1703 ENVIRONMENTAL QUALITY 

17.8.1703 REGISTRATION PROCESS AND INFORMATION (1) A registration eligible 

facility is registered upon the department's receipt of the form and information required in (2) and (3) 

and the appropriate fee required in ARM 17.8.1704. The department shall acknowledge receipt of a 

registration within 30 days after receiving the registration. 

(2) The owner or operator shall provide the following information to the department, using a 

form provided by the department: 

(a) facility name and mailing address; 

(b) owner or operator's name, address, and telephone number; 

(c) physical location of facility (legal description to the nearest 1/4 section); 

(d) contact person and telephone number; 

(e) general nature of business; 

(f) standard industrial classification code (SIC); 

(g) SIC description; 

(h) narrative description of the site and facility; and 

(i) site map. 

(3) The owner or operator shall provide the following additional equipment-specific 

information to the department for each emitting unit, including any air pollution control equipment: 

(a) manufacturer's name; 

(b) unit type; 

(c) date of manufacture; and 

(d) maximum rated design capacity. 

(4) The owner or operator of a registered facility shall notify the department, using the 

registration form provided by the department, of any change(s) to the registration information, within 

15 days after the change(s). 

(5) The owner or operator of a registered facility that is modified and becomes subject to the 

provisions of 42 USC 7475, 7503, or 7661 shall meet the requirements of ARM Title 17, chapter 8, 

subchapters 8, 9, 10 and/or 12. 

(6) The owner or operator of a registration eligible facility may not commence operations 

under the provisions of this subchapter until the facility has been registered with the department, 

except as provided in ARM 17.8.1710(1). 

(7) The owner or operator of a registration eligible facility for which a valid MAQP has been 

issued may register with the department and request revocation of the MAQP. (History: 75-2-111, 

75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eft. 4/7/06.) 

17-782 6/30/06 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: Dated: 

March 23, 2006 Page: 2 of 5 

Page 9.2.2.17 (1) 
Volume I 


Cha ter 9 


STATE OF MONTANA Subject: Administrative 


AIR QUALITY CONTROL 
 Rules of 


IMPLEMENTATION PLAN 
 Montana 

AIR QUALITY 17.8.1710 

17.8.1704 REGISTRATION FEE (1) The registration fee required by ARM 17.8.504 must be 

submitted to the department with each registration submitted under this subchapter. No fee is required for 

notifying 

(2) 

the department, 

The registration 

pursuant 

fee must 

to ARM 

be paid 

17.8.1703(4), 

in its entirety 

of changes 

at the time 

to 

the 

registration 

registration 

information. 

form is submitted to the I

department. (History: 75-2-111, 75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eff. 4/7106.) 

17.8.1705 OPERATING REQUIREMENTS: FACILITY-WIDE (1) The owner or operator of a I

registered facility shall allow the department's representatives access to the facility at all reasonable times for 

the purpose of making inspections or surveys, collecting samples, obtaining data, auditing any monitoring f 

equipment, observing any monitoring or testing, and otherwise conducting all necessary functions related to this 

I 

t subchapter. 

(2) The owner or operator of a registered facility shall monitor and record annual production 

information for all emission points, as required by the department in the annual emission inventory request. The 

request will include, but is not limited to, all emissions associated with emitting units registered to operate at the 

facility. Production information must be gathered on a calendar year basis and submitted to the department by f 

the date required in the emission inventory request. Information must be in the units required by the 

department. 

(3) The owner or operator of a registered facility shall maintain onsite records showing daily hours of 

operation and daily production rates and corresponding emission levels for the previous 12 months. The 

records compiled in accordance with this subchapter must be maintained by the owner or operator for at least ! 

five years following the date of the measurement, must be available at the plant site, unless otherwise specified i in this subchapter. for inspection by the department, and must be submitted to the department upon request. 


(History: 75-2-111,75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eff. 417106.) I 

f 

I 

Rules 17 .8.1706 through 17.8.1709 reserved f 

I 17.8.1710 OIL OR GAS WELL FACILITIES GENERAL REQUIREMENTS I 

(1) The owner or operator of a registration eligible oil or gas well facility may submit to the department a t 

! complete registration form, pursuant to ARM 17.8.1701 through 17.8.1705, within 60 days after the initial well ~, completion date for the facility. 

(2) The owner or operator of an oil or gas well facility who submits an application for a Montana air quality r

permit to the department prior to the effective date of this subchapter may request that the application be used in lieu 

of a registration form for registration of the oil or gas well facility by completing the form provided by the department. 

(3) The owner or operator of a registered oil or gas well facility shall operate all emissions control 

equipment to provide the maximum air pollution control for which it was designed. (History: 75-2-111,75-2-203, 

75-2-211,75-2-234, MCA; IMP, 75-2-211, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eff. 4/7/06.) 

ADMINISTRATIVE RULES OF MONTANA 6/30106 

Replaces Page: Dated: 

March 23, 2006 Page: 3 of 5 

Page 9.2.2.17 (1) 
----- --~----~ 

Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17.8.1711 ENVIRONMENTAL QUALITY 

17.8.1711 OIL OR GAS WELL FACILITIES EMISSION CONTROL REQUIREMENTS (1) 

The owner or operator of a registered oil or gas well facility shall install and operate the following air 

pollution control equipment and comply with the following air pollution control practices beginning at 

the time of registration: 

(a) VOC vapors of 200 Btu/scf or greater from each piece of oil or gas well facility equipment, 

with a PTE greater than 15 tpy, must be captured and routed to a gas pipeline, routed to a smokeless 

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

meeting the requirements of 40 CFR 60.18, and operating at a 95% or greater control efficiency, or 

routed to air pollution control equipment with equal or greater control efficiency than a smokeless 

combustion device. The phrase "oil or gas well facility equipment" includes, but is not limited to, 

wellhead assemblies, amine units, prime mover engines, phase separators, heater treatment units, 

dehydrator units, tanks, and connecting tubing, but does not include equipment such as compressor 

engines used for transmission of oil or natural gas; 

(b) hydrocarbon liquids must be loaded into, or unloaded from, transport vehicles using 

submerged fill technology; 

(c) stationary internal combustion engines of rich-bum design greater than 85 brake 

horsepower (BHP) must be equipped with nonselective catalytic reduction or its equivalent to control 

air emissions; and 

(d) stationary internal combustion engines of lean-bum design greater than 85 BHP must be 

equipped with oxidation catalytic reduction or its equivalent to control air emissions. (History: 75-2­

111,75-2-203,75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 MAR p. 893, Eff.4n/06.) 

17.8.1712 OIL OR GAS WELL FACILITIES INSPECTION AND REPAIR REQUIREMENTS 

(1) The owner or operator of an oil or 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) The owner or operator shall repair any leaking VOC equipment 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, 75-2-234, MCA; IMP, 75-2-234, MCA; 

NEW, 2006 MAR p. 893, Eff.4/7/06.) 

17-784 6/30106 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: Dated: 

March 23, 2006 Page: 4 of 5 

Page 9.2.2.17 (1) 
Volume I 

Cha ter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8.1713 

17.8.1713 OIL OR GAS WELL FACILITIES RECORDKEEPING AND 

REPORTING REQUIREMENTS (1) The owner or operator of an oil or gas well 

facility shall record, and maintain onsite or at a central field office, a record of each 

monthly inspection required by ARM 17.8.1712. 

(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 department inspections, and 

be submitted to the department upon request. 

(4) The owner or operator of a registration eligible oil or gas well facility with 

a detectible level of hydrogen sulfide from the well shall submit, with the registration 

form, an air quality analysis demonstrating compliance with ARM 17.8.210 and 

17.8.214. (History: 75-2-111,75-2-234, MCA; IMP, 75-2-234, MCA; NEW, 2006 

MAR p. 893, Eff. 4/7/06.) 

ADMINISTRATIVE RULES OF MONTANA 6/30106 17-785

Replaces Page: Dated: 

March 23, 2006 Page: 5 of 5 

Page 9.2.2.17 (1)