### STATE OF MONTANA 

### AIR QUALITY CONTROL IMPLEMENTATION PLAN

AIR QUALITY 17.8
.740 DEFINITIONS For the purposes ofthis subchapter: (1) "Best available control technology (BACT)" means an emission !.imitation (including a visible emission standard), based on the maximum degree ofreduction for eachpollutant subjectto regulation under42 U.S.c. 7410, ct seq. or75-2-1 01, et seq., MCA, thatwould be emitted from allYproposed emittingunit 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 ormodification through application ofproductionprocesses 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. Ifthe departmentdetennines thattechnological oreconomic limitations on the application ofmeasurementmethodologyto aparticularclass ofemittingunits would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, workpractice, oroperational standard orcombination thereof, to require the application ofBACT. Such standard must, to the degree possible, setforth the emission reduction achievable by implementation ofsuch 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 ofbuilding supports or foundations; (ii) laying ofunderf,'Tound pipework; or (iii) construction ofstorage structures; or (h) tlle installation ofany portable or temporary equipment or facilities. (3) "Day" means calendar day unless otherwise stated. (4) "Emitting unit" means: (a) allY equipment that emits orhas the potmtial to emit anyregulated airpollutantunder the CleanAir Act ofMontana through a stack(s) or vent(s); or (b) any equipment from which emissions consist solely offugitive emissions ofa regulated air pollutant under the Clean Air Act ofMontana.

17-427 ADMINISTRATIVE RULES OF MONTANA 12131/02



### Replaces Page:
Page 9.2.2.7 (4)

### STATE OF MONTANA AIR QUALITY CONT lMPLEM PLAN

17.8.740 ENVIRONMENTAL QUALITY (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 orpersonal property that is either stationary or portable and is located on one ormore contiguous oradjacentproperties under the control ofthe same owner or operatorand that emits orhas the potential to emit any airpollutant subject to regulation under the Clean AirAct ofMontana or the Federal CleanAir Act, including associated control equipment that affect') orwould affect the nature, character, composition, amount, or environmental impacts ofail pollution and that has the same two-digit standard industrial classification code. A facility may consist ofone or more emitting units. (7) "Install" or "installation" means to set into position and connect or adjust for use. (8) "Modify" does not include routine maintenance, repair, orreplacement but means: (a) construction or changes in operation at a facility oremitting unit for which the departmenthas issued a Montana air quality permit under this chapter, except when a permit is not required under ARM 17
.8.745; (b) construction orchanges in operation at a facility oremitting unitfor which aMontana air qualitypermit has not been issued under this chapter but that subjects the facility or emitting unit to the requirement') ofARM 17.8.743; (c) construction orchangesin operation at a facility oremittingunit 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 wlit that would qualify as a major modification ofa major stationary source under subchapters 8, 9, or 10 ofthis chapter; (e) construction or changes in operation at a facility or emitting unit that would affect the plUllle rise or dispersion characteristics ofemissions in a manner that would cause or contribute to a violation ofan 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 ofthe change is not a modification.

17-428 12C, },'02 ADMINTSTRATfVE RULES OF MONTANA


### Replaces Page:
Page 9.2
.2.7 (5)

### STATE OF MONTANA 

### AIR QUALITY CONT IMPLEME PLAN

AIR QUALITY 17.8.740 (9) "Montana air quality pennit" means a preconstruction pennit issued under this subchapter that may include requirements for the construction and subsequent operation ofan emitting unites) 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 ofall pollutants, and an increase in the sum ofthe non-cancer hazard quotients for all pollutants with similar toxic effects of less than 1.0, as detennined 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, MCA, in detennining compliance with all applicable rules or other requirements requiring protection ofpublic health, safety, and welfare and the environment. (11) "New ormodified emittingunit" meads an emitting unitthat was not constructed or upon which construction was not commenced prior to March 16, 1979. (12) "Owneroroperator" means the owner ofa facility or otherperson designated bythe owner as responsible for overall operation ofthe facility. (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 ofoperation or on the type or amount of material combusted, stored, or processed, is treated as part ofits design onlyifthelimitation or the effect it would have on emissions is federally enforceable
. Secondary emissions are not considered in detenniningpotential 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 ofthe emitting unit. The tenn 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;
ADMINISTRATIVE RUl
.ES OF MONTANA
. . 12/31/02 

### 17-429

Page9.2.2.7 (6)(1) Except a rovided in ARM 17.8.744 and 17.8.745, a person not construct, install, modify, or operate any oftn 1I0wing without first obtaining aMont r qualitypermit issued bythe department: (a) a new facility or emitting u . with the potentia emit airborne lead in an amount greater than five tons peryear or a modification to an e . ting ity or emitting unit that results in an increase in the facility or emitting unit's potential to emit ai lead by an amount greater than 0.6 tons per year; (b) asphalt concrete plants, miner rushers, an . eral screens that have the potential to emit more than 15 tons peryear ofany air epollutant, other than that is regulated under this chapter; (c) any incinerator, as medin75-2-103(1l),MCA,andtli
. subjecttotherequirementsof 75-2-215, MCA; (d) anyfa
. . or emittingunit upon which construction commenced, or as installed, before November 2 , 968, when that facility or emitting unit is modified after that date and odification increa epotential to emit bymore than 25 tons peryear ofany airborne pollutant, otherthan gulated under this chapter; or 

### STATE OF MONTANA AIR QUALITY CONT
. lMPLEM PLAN

17.8.743 ENVIRONMENTAL QUALITY (b) change the design ofthe emitting unit, including associated control equipment; or (c) increase the potential to emit ofthe emitting unit. (15) "Secondary emissions" means emissions that would occur as a result ofthe construction or operation ofafacility or emitting unit, but do not corne from the facility oremittingunit itself. Secondary emissions must be specific, well defmed, quantifiable, and impact the same general area as the facility or emittingunit which causes the secondary emissions. Secondaryemissions mayinclude, but are not limited to: (a) emissions from trains corning 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 ofthe construction or operation ofthe facility or emitting unit. (History: 75-2-111,75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/ 27/02.) Rules 17.8.741 and 17.8.742 reserved

17-430**"12/31/0~** ADMlNlSTRATlVE RULES OF MONTANA



### Page 9.2.2
.7 (7)

### STATE OF MONTANA AIR QUALITY CONT**~LE** 

### PLAN

ENVIRONMENTAL QUALITY (b) design ofthe emitting unit, including associated control c (c) incrcase the p tial to emit ofthe emitting unit. (15) "Secondary emissl " means emissions that would oce s a result ofthe construction or operation ofa facility or emitting unit, 0 not corne from th cllity or emittingunit itself. Secondary emissions must be specific, well defined, qua impact the same general area as the facility or emitting unit which causes the secondary**emi~.** _ ondary emissions mayinclude, but are not limitcd to:**~** (a) emissions from trains ng to or from the facility 0 ' itting unit; (b) emissions fro y off-site support facility that otherwIse ould not be constructed or increase its emission ' a result ofthe construction or opcration ofthe facility 0 itting unit. (History: 75-2-111,75- 1 4, MeA; lMP, 75-2-211, MeA; NEW, 2002 MAR p. 3567, Eff.

_ 77/02) Rules 17.8.741 and 17.8.742 reserved 17
.8.743 MONTANA AIR QUALITY PERMn:S--WHEN REQUIRED (1) Except as provided in ARM 17.8.744 and 17.8
.745, a person may nolconstruct, install, modify, or operate any ofthe following without first obtaining a Montana air qualitypcrmit issued bythe department: (a) a new facility or emitting unit with the potential to emit airborne lead in an amount greater than five tons peryear or a modification to an existing facility oremitting 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)**a~~flBlt** e6fterete piMa, fflifwra!**effi~ftef8,** B:ne mineral screens that have the potential to emit more than 15 tons peryear ofany airborne pollutant, otherthan 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; (d) any facility oremitting unit upon which construction commenced, orthat was installed, before November 23 , 1968, when that facility or emitting unit is modified after that date and the modification increases the potential to emitbymore than 25 tons peryear ofany airbornepollutant, otherthan lead, that is regulated under this chapter; or

17-430 -12/31/02 ADMfNTSTRATIVE RULES OF MONTANA 

### Dated:
December 6, 2002 

### Page: 7 of30

### STATE OF MONTANA Administrative AIR 

### QUALITY CONTROL ules of IMPLEMENTA N Monta


### AlRQUALITY 17.8.743 (e) 

### anyother 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 thathas thepotential to emitmore than 25 tons peryear ofany airbornepollutant, otherthan lead, that is regulated under this chapter.

. (2) 

### An owneroroperatorwho has submitted an application and received a completeness detem1ination from the departmentpursuantto ARM 17
.8.759 

### may, priorto receiving aMontana 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 and/or 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 ifit finds that the proposed project would result in a 

### violation of the state implementation plan or would interfere with the attainment or maintenance ofany 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 oroperator acknowledges that the department may subsequentlyorder cessation ofinitial construction activities, ultimatelydecline to issue a Montana airquality permit, orissue apermit 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 iITeparable harm has resulted in any way to the owner or operator from these activities.

17-430.1 

### ADMINISTRATIVE RULES OF MONTANA 12/31/02



### December 6,2002 Page: 80f30

### STATE 

# or MONTANA J\lR 

### QUALITY CONTR 

### IMPLEME PLAN

AIR QUALITY 17
.8.744 (5) The provisions of(2) do not supersede any other local, state, orfederal requirements associated with the activities set forth therein. (History: 75-2-111,75-2-204, 

### MCA; 1M£., 75-2­ 211, 

### MeA; NEW, 2002 

### MAR p. 3567, Eff. 12/27/02.) 17.8.744 

### MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS / (l) A Montana airqualitypermit is not required under ARM 17.8.743 for the follo ng:

.**~esidential** 

### fireplaces, harbecues, and similar devices for recreational, co mg, or heating use; (b) mobl emitting units, includingmotor vehicles, trains, aircraft, an other such selfpropelled vehicles; (c) laboratory e . ment used for chemical or physical anal): . ; (d) any activity oreq . ment associated with the use ofag . ulturalland ortheplanting, production, harvesting or stora ' 

### of agricultural crops (this,.'clusion does not apply to the v 

### processing ofa,gricultural products**~ommercial** 

### busine es); (e) emergency equipment insta in hospital or otherpublic institutions or buildings for usc when the usual sources of Ileat, p 

### rer lighting are temporarily unohtainahle or unavailable; (f) emergencyequipment installed
. indust' loreommercialfaeilitiesforusewhentbe usual sources ofheat, power, or lighti v 

### are temporaril obtainable or unavailable and when the Joss ofheat, power, orlighting uses, oris likely to caus an adverse effect on publichealth or facility safety. Emergenc quipment usc extends only to ose uses that alleviate such adverse effects on public 

### I a1th or facility safety; (g) any activit or equipment associated with the construction, aintenance, or use of roads except emit!" g units for which a permit is required under 

### ARM 17
.. 43; 

### (11) op uming, which is regulated under 

### ARM Title 17, c1lapter 

### 8, s chapter 

### 6, and an open b iog peTI11it may be required under that subchapter; ) drilling rig stationaryengines and turbines that do not havethepotential to en 't

### more th'OO tons peryear ofanypollutaotregulated under this chapter and that do not operate in ly

lJ1gle location for more t_han 1 

### mon_th_s --'- ;

__________________ _ __IP 

### 17-431 

### ADMINISTRATIVE RULES OF MONTANA 19/3]/09



### Decemher 6, 2002 Page: 9 of 30 Page 9.2.2
.7 (9)

### STATE OF MONTANA AIR QUALITY CON IMPLEM PLAN

17.8
.763 ENVIRONMENTAL QUALITY 17
.8.763 REVOCATION OF PERlv1IT (1) The departmentmayrevoke a Montan lr qualityp itor anyportion ofapermitupon written request ofthepermittee, orfor vi tion of any requirem ofthe Clean Air Act ofMontana, rules adopted under that , the Federal Clean Air Act an es promulgated under that Act (as incorporated b eference in ARM 17.8.767), or any applica e requirement contained in theMontanasta 'mplementationplan (as incorporated byreference in 17.8.767).
. (2) Thedepartment shall n . thepermitteeinwri

. 

### g ofits intentto revoke apermitor a portion ofa permit. The department s I serve the Ice as provided in ARM ]7.8
.749. The department's decision to revoke a permit or a ion ofa permitbecomes final when 15 days have elapsed after service ofthenotice unl ittee requests a hearingbefore the board. (3) When the department rev es a permit un his rule, the pennittee mayrequest a hearing before the board
. A hea . g request must be in writin", ' ndmustbe filed with the board

. within 15 days after servic f the department's notice ofintent t evoke the permit. Filing a

request for a hearing ones the effective date ofthe department's de
. ionuntil issuance ofa e board. earing under this ruleis governed bythe contested case provisions o . eMontana

. Adm'
.strative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 75-2-111 , -204, A; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12127/02.) 

### 17.8
.764 ADMJNISTRATIVE AMENDMENT TO PERMIT (1) The department may amend a Montana air quality permit, or any portion ofa permit, for the following reasons: (a) changes in any applicable rules adopted by the board; (b) changes in operation that do not result in an increase in emissions. The owner or operator ofa facility may not increase the facility'S emissions beyond permit limits unless the increase meets the criteria in ARM 17
.8.745 for a de minimis change not requiring a pelmit, or unless the owner or operator applies for and receives another permit in accordance with ARM 17.8
.748, 17
.8.749, 17
.8.752, 17.8.755, and 17.8.756, and with all applicable requirements in
. ARM Title 17, chapter 8, subchapters 8, 9, and 10;
17-446 12/31/02 

### ADMIN1STRATIVE RULES OF MONTANA

ecember 6,2002 Page: ] 9 of30

### Page: 20 of30 \ 

### AIR QUALITY 17.8.765 (c) administrative errors in the pennit that do not affect substantive provisions ofthe pennit. (2) The department shall notify thepennitteein writing ofanyproposed amendments to the permit. The department shall serve the notice as provided for in ARM 17.8.749. Thepennit is deemed amended in accordance with the notice when 15 days have elapsed after service ofthe notice unless the pennittee requests a hearing before the board. (3) When the department amends a pennitunder this mle, the pennittee mayrequest a hearingbefore the board. Ahearingrequest mustbe in writing and mustbe filed with the board within 15 days after service ofthe department's notice ofintent to amend the pennit. Filing a request for hearingpostpones the effective date ofthe department's decision until issuance ofa final decision by the board. (4) Ahearingunderthis rule is governed bythe contested caseprovisionsoftheMontana Administrative Procedure Act, Title 2, chapter 4, part 6, MeA (History: 75-2-] 1],75-2-204, MeA; IMP, 75-2-21], MeA; NEW, 2002 MAR p. 3567, Eff. 12127/02

.) 

### 7
.8.765 TRANSFER OF PERMIT (1) A Montana air quality pennit tTansferred T 

### ne location to another if:
. (a) the depar receives a complete notice ofintent to tr (i) 

### written notice ofin transfer location on fo (ii) documentation that the pe means of a legal publication in a newspa 0 <=> 

### eral circulation in the area to which the transfer is to bemade. Thenotice ll1clude a statemen ubliccommentwillbeaccepted by the department for 15 s after the date of publication an addressed to: Air lty Pennitting Section, Air and WasteManagement
.au, Department ofEnvir ental Quality, 1520 E. 

### 6th Ave., PO Box 200901, Helena, MT 59620­ (b) the pennitted facility will operate in the new location for less than one year;

ADMINISTR..A.TIVE RULES OF MONTANA -19/31/02 17-44717.8

.745 ENVIRONMENTAL QUALITY (f) emergency equipment installed in hospitals or other public institutions b .dings for use when the usual sources of heat, power, orlighting are tempor. rily unob 'nable or unavailable; (g emergency equipment installed in industrial or commercial fa

.. ies for use when Hi usual sources of heat, power, or lighting are temporaril nobtainable or unavailable d when the loss of heat, power, or lighting cause ,or is likely to cause, an adverse ect on public health or facility safety. E gencyequipment use extends only to th e uses that alleviate such adverse ects on public health or facility safety; (h) any activity or equ' ment associated with e construction, maintenance, or use of roads except emitting 'ts for which a rmit is required under ARM 17.8.743; (i) open burning, which is regula nderARM Title 17. chapter 8, subchapter 6, and an open burning per It ay be required under that subchapter; 

### U) drilling rig stationary engi sand tu ines that do not have the potential to

.emit more than 100 tons per ye of any pollutan gulated under this chapter and that do not operate in any sin e location for more th 12 months; (k) temporary proc s or.emission control equip nt, replacing malfunctioning proces r emission control equipment. an eeting the requirements ofA 17

.8.110(7)through (9) ; (I) routin maintenance. repair, or replacement of equipme and equipment used to perf**rou~ine** maintenance, repair, or replacement; or ( any facility that has been registered with the department in a rdance with Title 17, chapter 8, subchapter 17. (History: 75-2-111. 75-2-204, 5-2­ 23

. MCA; IMP. 75-2-211. 75-2-234, MCA; NEW, 2002 MAR p. 3567, Eff. 12/2 2;**_. ~.**  2006 MAR p. 893. Eff

. 417106; AMD

. 2009 MAR p. 142. Eff. 2/13/09

.) 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 five 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 Montanaair 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 five tons per year may not be artific 'ially split into smaller projects to avoid permitting under this subchapter; and

17-430 6/30/10 ADMINISTRATIVE RULES OF MONTANAAIR QUALITY 17.8.745 (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 pursuantto (1 )(a) shall notify the department ifthe 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

. (c) The following are excluded from the notice requirements of (1 )(b): (i) day-to-day fluctuations ofthe 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 list 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 ofthe proposed de minimis change or as soon as reasonably practicable in the event of an unanticipated circumstance causing the cle 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) thatwould othervlJise 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), ifthe 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. 12/27/02; AMD, 2010 MARp

. 1292, Eff. 5/28/10.) Rules 17

.0.746 and 17.8

.747 reserved

NEXT PAGE IS 17-437 ADMINISTRATIVE RULES OF MONTANA 6/30/10 17-431