December 14, 2010 

Mr. Mike Fluharty 

Basin Electric Power Cooperative 

1717 East Interstate Ave. 

Bismarck, ND 58503-0564 

RE: Final Title V Operating Permit #OP4256-00 

Dear Mr. Fluharty: 

The Department of Environmental Quality has prepared the enclosed Final Operating Permit #OP4256-

00, for the Basin Electric Power Cooperative – Culbertson Generating Station located in Section 5, 

Township 28 North, Range 57 East, Roosevelt County, 7.2 miles northeast of Culbertson, Montana. 

Please review the cover page of the attached permit for information pertaining to the action taking place 

on Permit #OP4256-00. 

If you have any questions, please contact Paul Skubinna, the permit writer, at (406) 444-6711 or by email 

at pskubinna@mt.gov. 

Sincerely, 

Vickie Walsh 

Air Permitting Program Supervisor 

Air Resources Management Bureau 

(406) 444-9741 

 Paul Skubinna 

 Environmental Engineer 

 Air Resources Management Bureau 

 (406) 444-6711 

VW:PS: 

Enclosure 

Cc: Christopher Ajayi, US EPA Region VIII 8P-AR 

 Carson Coate, US EPA Region VIII, Montana Office 

 

 
STATE OF MONTANA 

Department of Environmental Quality 

Helena, Montana 59620 

AIR QUALITY OPERATING PERMIT OP4256-00 

 

Issued to: Basin Electric Power Cooperative 

 1717 East Interstate Ave. 

Bismarck, ND 58503-0564 

Final Date: December 14, 2010 

Expiration Date: December 14, 2015 

Effective Date: December 14, 2010

Date of Decision: November 12, 2010 

End of EPA 45-day Review: November 8, 2010 

Proposed Issue Date: September 23, 2010

Draft Issue Date: August 19, 2010

 

Application Deemed Technically Complete: November 6, 2008

Application Deemed Administratively Complete: September 4, 2008

New Application Received: September 4, 2008

AFS Number: 030-085-0061A

Permit Issuance and Appeal Processes: In accordance with Montana Code Annotated (MCA) Sections 

75-2-217 and 218 and the Administrative Rules of Montana (ARM), ARM Title 17, Chapter 8, 

Subchapter 12, Operating Permit Program, this operating permit is hereby issued by the Department of 

Environmental Quality (Department) as effective and final on December 14, 2010. This cover sheet must 

be attached to the Date of Decision issued on November 12, 2010, and the permit must be kept on-site at 

the above named facility. 

OP4256-00 i Date of Decision: 11/12/10 

Effective Date: 12/14/2010 
OP4256-00 ii Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Montana Air Quality Operating Permit 

Department of Environmental Quality 

SECTION I. GENERAL INFORMATION .......................................................................................... 1

SECTION II. SUMMARY OF EMISSIONS UNITS ........................................................................ 2

SECTION III. PERMIT CONDITIONS ............................................................................................. 3

A. FACILITY-WIDE ........................................................................................................................... 3

B. EU001: GE LMS100 – 100 MW COMBUSTION TURBINE ........................................................... 6

SECTION IV. NON-APPLICABLE REQUIREMENTS ................................................................ 11

SECTION V. GENERAL PERMIT CONDITIONS ....................................................................... 12

A. COMPLIANCE REQUIREMENTS ................................................................................................... 12

B. CERTIFICATION REQUIREMENTS ............................................................................................... 12

C. PERMIT SHIELD ......................................................................................................................... 13

D. MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS ......................................... 14

E. PROMPT DEVIATION REPORTING ............................................................................................... 15

F. EMERGENCY PROVISIONS .......................................................................................................... 15

G. INSPECTION AND ENTRY ........................................................................................................... 16

H. FEE PAYMENT ........................................................................................................................... 16

I. MINOR PERMIT MODIFICATIONS ............................................................................................... 17

J. CHANGES NOT REQUIRING PERMIT REVISION .......................................................................... 17

K. SIGNIFICANT PERMIT MODIFICATIONS ...................................................................................... 18

L. REOPENING FOR CAUSE ............................................................................................................. 19

M. PERMIT EXPIRATION AND RENEWAL ......................................................................................... 19

N. SEVERABILITY CLAUSE ............................................................................................................. 19

O. TRANSFER OR ASSIGNMENT OF OWNERSHIP ............................................................................. 20

P. EMISSIONS TRADING, MARKETABLE PERMITS, ECONOMIC INCENTIVES .................................. 20

Q. NO PROPERTY RIGHTS CONVEYED ........................................................................................... 20

R. TESTING REQUIREMENTS .......................................................................................................... 20

S. SOURCE TESTING PROTOCOL .................................................................................................... 20

T. MALFUNCTIONS ........................................................................................................................ 20

U. CIRCUMVENTION ....................................................................................................................... 20

V. MOTOR VEHICLES ..................................................................................................................... 21

W. ANNUAL EMISSIONS INVENTORY .............................................................................................. 21

X. OPEN BURNING ......................................................................................................................... 21

Y. MONTANA AIR QUALITY PERMITS ............................................................................................ 21

Z. NATIONAL EMISSION STANDARD FOR ASBESTOS ..................................................................... 22

AA. ASBESTOS .................................................................................................................................. 22

BB. STRATOSPHERIC OZONE PROTECTION – SERVICING OF MOTOR VEHICLE AIR CONDITIONERS 22

CC. STRATOSPHERIC OZONE PROTECTION – RECYCLING AND EMISSION REDUCTIONS .................. 22

DD. EMERGENCY EPISODE PLAN ...................................................................................................... 23

EE. DEFINITIONS .............................................................................................................................. 23

APPENDIX A INSIGNIFICANT EMISSIONS UNITS ................................................................. A-1

APPENDIX B DEFINITIONS AND ABBREVIATIONS .............................................................. B-1

APPENDIX C NOTIFICATION ADDRESSES ............................................................................. C-1

APPENDIX D AIR QUALITY INSPECTOR INFORMATION .................................................. D-1

APPENDIX E ACID RAIN APPLICATION .................................................................................. E-1
OP4256-00 1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Terms not otherwise defined in this permit or in the Definitions and Abbreviations Appendix of this 

permit have the meaning assigned to them in the referenced regulations. 

SECTION I. GENERAL INFORMATION 

The following general information is provided pursuant to ARM 17.8.1210(1). 

Company Name: Basin Electric Power Cooperative 

Mailing Address: Culbertson Generation Station; 1717 East Interstate Avenue 

City: Bismarck State: North Dakota Zip: 58503 

Plant Location: Section 5, Township 28 North, Range 57 East, Roosevelt County, 7.2 miles northeast of 

 Culbertson, Montana 

Responsible Official: Mike Fluharty Phone: (701) 223-0441 

Facility Contact Person: Jerry Menge Phone: (701) 355-5655 

Primary SIC Code: 4911 

Nature of Business: Power Generation 

Description of Process: The generation plant houses a single, simple-cycle, General Electric (GE) 

LMS100 aeroderivative combustion turbine and an electric generator driven by the turbine. The turbine 

draws in combustion air which is compressed and mixed with natural gas. The fuel-air mixture is ignited 

to produce compressed hot combustion gases which expand and rotate a shaft which turns a generator to 

produce electricity. Gross generation capacity of the turbine is 100 megawatts (MW) The turbine 

combusts natural gas which will be supplied by an existing pipeline running through the Basin Electric 

property. 
OP4256-00 2 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

SECTION II. SUMMARY OF EMISSIONS UNITS 

The emissions units regulated by this permit are the following (ARM 17.8.1211): 

Emissions Unit 

ID 

Description Pollution Control Device/Practice 

EU001 General Electric LMS100 (100 MW) Simple Cycle Combustion 

Turbine 

Water/Steam Combustion Injection, 

Pipeline Quality Natural Gas, Catalytic 

Oxidation, Hours of Operation Limits 
OP4256-00 3 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

SECTION III. PERMIT CONDITIONS 

The following requirements and conditions are applicable to the facility or to specific emissions units 

located at the facility (ARM 17.8.1211, 1212, and 1213). 

A. Facility-Wide 

Conditions Rule Citation Rule Description Pollutant/Parameter Limit 

A.1 ARM 17.8.105 Testing Requirements Testing Requirements ------- 

A.2 ARM 17.8.304(1) Visible Air Contaminants Opacity 40% 

A.3 ARM 17.8.304(2) Visible Air Contaminants Opacity 20% 

A.4 ARM 17.8.308(1) Particulate Matter, Airborne Fugitive Opacity 20% 

A.5 ARM 17.8.308(2) Particulate Matter, Airborne Reasonable Precautions ------- 

A.6 ARM 17.8.308 Particulate Matter, Airborne Reasonable Precaution, 

Construction 

20% 

A.7 ARM 17.8.309 Particulate Matter, Fuel Burning 

Equipment 

Particulate Matter E= 0.882 * H-0.1664 Or 

E= 1.026 * H-0.233

A.8 ARM 17.8.310 Particulate Matter, Industrial 

Processes 

Particulate Matter E= 4.10 * P0.67 or 

E= 55 * P0.11- 40 

A.9 ARM 17.8.322(4) Sulfur Oxide Emissions, Sulfur in 

Fuel 

Sulfur in Fuel (liquid or 

solid fuels) 

1 lb/MMBtu fired 

A.10 ARM 17.8.322(5) Sulfur Oxide Emissions, Sulfur in 

Fuel 

Sulfur in Fuel (gaseous) 50 gr/100 CF 

A.11 ARM 17.8.324(3) Hydrocarbon Emissions, 

Petroleum Products 

Gasoline Storage Tanks ------- 

A.12 ARM 17.8.324 Hydrocarbon Emissions, 

Petroleum Products 

65,000 Gallon Capacity ------- 

A.13 ARM 17.8.324 Hydrocarbon Emissions, 

Petroleum Products 

Oil-effluent Water 

Separator 

------- 

A.14 ARM 17.8.342 NESHAPs General Provisions SSM Plans Submittal 

A.15 ARM 17.8.1212 Reporting Requirements Prompt Deviation 

Reporting 

------- 

A.16 ARM 17.8.1212 Reporting Requirements Compliance Monitoring ------- 

A.17 ARM 17.8.1207 Reporting Requirements Annual Certification ------- 

Conditions

A.1. Pursuant to ARM 17.8.105, any person or persons responsible for the emission of any air 

contaminant into the outdoor atmosphere shall, upon written request of the Department, provide 

the facilities and necessary equipment (including instruments and sensing devices) and shall 

conduct test, emission or ambient, for such periods of time as may be necessary using methods 

approved by the Department. 

Compliance demonstration frequencies that list “as required by the Department” refer to ARM 

17.8.105. In addition, for such sources, compliance with limits and conditions listing “as required 

by the Department” as the frequency, is verified annually using emission factors and engineering 

calculations by the Department’s compliance inspectors during the annual emission inventory 

review; in the case of Method 9 tests, compliance is monitored during the regular inspection by the 

compliance inspector. 

A.2. Pursuant to ARM 17.8.304(1), Basin Electric shall not cause or authorize emissions to be 

discharged into the outdoor atmosphere from any source installed on or before November 23, 

1968, that exhibit an opacity of 40% or greater averaged over 6 consecutive minutes, unless 

otherwise specified by rule or in this permit. 

A.3. Pursuant to ARM 17.8.304(2), Basin Electric shall not cause or authorize emissions to be 

discharged into the outdoor atmosphere from any source installed after November 23, 1968, that 

exhibit an opacity of 20% or greater averaged over 6 consecutive minutes, unless otherwise 

specified by rule or in this permit. 
OP4256-00 4 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

A.4. Pursuant to ARM 17.8.308(1), Basin Electric shall not cause or authorize the production, 

handling, transportation, or storage of any material unless reasonable precautions to control 

emissions of particulate matter are taken. Such emissions of airborne particulate matter from any 

stationary source shall not exhibit an opacity of 20% or greater averaged over 6 consecutive 

minutes, unless otherwise specified by rule or in this permit. 

A.5. Pursuant to ARM 17.8.308(2), Basin Electric shall not cause or authorize the use of any street, 

road or parking lot without taking reasonable precautions to control emissions of airborne 

particulate matter, unless otherwise specified by rule or in this permit. 

A.6. Pursuant to ARM 17.8.308, Basin Electric shall not operate a construction site or demolition 

project unless reasonable precautions are taken to control emissions of airborne particulate matter. 

Such emissions of airborne particulate matter from any stationary source shall not exhibit an 

opacity of 20% or greater averaged over 6 consecutive minutes, unless otherwise specified by rule 

or in this permit. 

A.7. Pursuant to ARM 17.8.309, unless otherwise specified by rule or in this permit, Basin Electric 

shall not cause or authorize particulate matter caused by the combustion of fuel to be discharged 

from any stack or chimney into the outdoor atmosphere in excess of the maximum allowable 

emissions of particulate matter for existing fuel burning equipment and new fuel burning 

equipment calculated using the following equations: 

For existing fuel burning equipment (installed before November 23, 1968): 

E =0.882 * H-0.1664

For new fuel burning equipment (installed on or after November 23, 1968): 

E =1.026 * H-0.233

Where H is the heat input capacity in million BTU (MMBtu) per hour and E is the maximum 

allowable particulate emissions rate in pounds per MMBtu. 

A.8. Pursuant to ARM 17.8.310, unless otherwise specified by rule or in this permit, Basin Electric 

shall not cause or authorize particulate matter to be discharged from any operation, process, or 

activity into the outdoor atmosphere in excess of the maximum hourly allowable emissions of 

particulate matter calculated using the following equations: 

For process weight rates up to 30 tons per hour: E = 4.10 * P0.67

For process weight rates in excess of 30 tons per hour: E = 55.0 * P0.11 – 40 

Where E = rate of emissions in pounds per hour and P = process weight rate in tons per hour. 

A.9. Pursuant to ARM 17.8.322(4), Basin Electric shall not burn liquid or solid fuels containing sulfur 

in excess of 1 pound per million BTU fired, unless otherwise specified by rule or in this permit. 

A.10. Pursuant to ARM 17.8.322(5), Basin Electric shall not burn any gaseous fuel containing sulfur 

compounds in excess of 50 grains per 100 cubic feet of gaseous fuel, calculated as hydrogen 

sulfide at standard conditions, unless otherwise specified by rule or in this permit. 

A.11. Pursuant to ARM 17.8.324(3), Basin Electric shall not load or permit the loading of gasoline into 

any stationary tank with a capacity of 250 gallons or more from any tank truck or trailer, except 

through a permanent submerged fill pipe, unless such tank is equipped with a vapor loss control 

device or is a pressure tank as described in ARM 17.8.324(1), unless otherwise specified by rule 

or in this permit. 
OP4256-00 5 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

A.12. Pursuant to ARM 17.8.324, unless otherwise specified by rule or in this permit, Basin Electric 

shall not place, store or hold in any stationary tank, reservoir or other container of more than 

65,000 gallon capacity any crude oil, gasoline or petroleum distillate having a vapor pressure of 

2.5 pounds per square inch absolute or greater under actual storage conditions, unless such tank, 

reservoir or other container is a pressure tank maintaining working pressure sufficient at all times 

to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with a 

vapor loss control device, properly installed, in good working order and in operation. 

A.13. Pursuant to ARM 17.8.324, unless otherwise specified by rule or in this permit, Basin Electric 

shall not use any compartment of any single or multiple-compartment oil-effluent water separator, 

which compartment receives effluent water containing 200 gallons a day or more of any petroleum 

product from any equipment processing, refining, treating, storing or handling kerosene or other 

petroleum product of equal or greater volatility than kerosene, unless such compartment is 

equipped with a vapor loss control device, constructed so as to prevent emission of hydrocarbon 

vapors to the atmosphere, properly installed, in good working order and in operation. 

A.14. Pursuant to ARM 17.8.342 and 40 CFR 63.6, Basin Electric shall submit to the Department a copy 

of any startup, shutdown, and malfunction (SSM) plan required under 40 CFR 63.6(e)(3) within 

30 days of the effective date of this operating permit (if not previously submitted), within 30 days 

of the compliance date of any new National Emission Standard for Hazardous Air Pollutants 

(NESHAPs) or Maximum Achievable Control Technology (MACT) standard, and within 30 days 

of the revision of any such SSM plan, when applicable. The Department requests submittal of 

such plans in electronic form, when possible. 

A.15. Basin Electric shall promptly report deviations from permit requirements including those 

attributable to upset conditions, as upset is defined in the permit. To be considered prompt, 

deviations shall be reported to the Department using the schedule and content as described in 

Section V.E (unless otherwise specified in an applicable requirement) (ARM 17.8.1212). 

A.16. On or before February 15 and August 15 of each year, Basin Electric shall submit to the 

Department the compliance monitoring reports required by Section V.D. These reports must 

contain all information required by Section V.D, as well as the information required by each 

individual emissions unit. For the reports due by February 15 of each year, Basin Electric may 

submit a single report, provided that it contains all the information required by Section V.B & 

V.D. Per ARM 17.8.1207, 

any application form, report, or compliance certification submitted 

pursuant to ARM Title 17, Chapter 8, Subchapter 12 (including 

semiannual monitoring reports), shall contain certification by a 

responsible official of truth, accuracy and completeness. This 

certification and any other certification required under ARM Title 17, 

Chapter 8, Subchapter 12, shall state that, “based on information and 

belief formed after reasonable inquiry, the statements and information 

in the document are true, accurate and complete.” 

A.17. By February 15 of each year, Basin Electric shall submit to the Department the compliance 

certification required by Section V.B. The annual certification required by Section V.B must 

include a statement of compliance based on the information available which identifies any 

observed, documented or otherwise known instance of noncompliance for each applicable 

requirement. Per ARM 17.8.1207, 
OP4256-00 6 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

any application form, report, or compliance certification submitted 

pursuant to ARM Title 17, Chapter 8, Subchapter 12 (including annual 

certifications), shall contain certification by a responsible official of 

truth, accuracy and completeness. This certification and any other 

certification required under ARM Title 17, Chapter 8, Subchapter 12, 

shall state that, “based on information and belief formed after 

reasonable inquiry, the statements and information in the document 

are true, accurate and complete.” 

B. EU001: GE LMS100 – 100 MW Combustion Turbine 

Condition(s) Pollutant/Parameter Permit Limit Compliance Demonstration 

Method Frequency 

Reporting 

Requirements 

B.1, B.2, B.7, 

B.13, B.14, 

B.15, B.16, 

B.17, B.22, 

B.23, B.24, 

B.25, B.26, 

B.27, B.28, 

B.29, B.30, 

B.31 

NOx 78.50 lb/hr – 1 hr 

average 

NOx CEMS Continuous Semiannual 

25 ppmvd at 15% 

O2 – 1 hr average 

Method 7 Start-up and 

Biannually 

Install, Operate and 

Maintain Control 

Equipment 

Record Keeping Ongoing 

B.3, B.8, B.14, 

B.21, B.23, 

B.25, B.28, 

B.29, B.30, 

B.31. 

CO 21.50 lb/hr – 3 hr 

average 

Method 10 Start-up and 

Biannually 

Semiannual 

Install, Operate and 

Maintain Control 

Equipment 

Record Keeping Ongoing 

B.4, B.19, 

B.28, B.29, 

B.30, B.31. 

VOC 1.33 lb/hr – 1 hr 

average 

Method 18/25 As required by 

the Department 

and Section 

III.A.1 

Semiannual 

Install, Operate and 

Maintain Control 

Equipment 

Record Keeping Ongoing 

B.5, B.9, B.20, 

B.21, B.25, 

B.30, B.31. 

PM/PM10/PM2.5 6 lb/hr – 1hr 

average 

Fuel 

Restrictions/ 

Record Keeping 

Ongoing Semiannual 

B.9, B.21, 

B.25, B.30, 

B.31. 

SO2 Fuel Restriction Record Keeping Ongoing 

B.6, B.21, 

B.25, B.30, 

B.31. 

Hours of Operation 3,400 Rolling 12-

Month 

Record Keeping Ongoing 

B.10, B.21, 

B.25, B.30, 

B.31. 

Stack Height At least 85.6 feet in 

height 

(from final grade) 

Log any 

instances of 

stack existing 

below 85.6 feet 

Ongoing 

B.9, B.11, 

B.20, B.21, 

B.25, B.30, 

B.31. 

Opacity 20% Record Keeping Ongoing 

Fuel Restriction 

B.12, B.15, 

B.16, B.17, 

B.20, B.26, 

B.30., B.31 

40 CFR 60, Subpart KKKK 40 CFR 60, Subpart 

KKKK 

40 CFR 60, 

Subpart KKKK 

40 CFR 60, 

Subpart KKKK 

40 CFR 60, 

Subpart KKKK 

B.13, B.15, 

B.22, B.24, 

B.27, B.30., 

B.31 

Acid Rain 40 CFR Part 72-78, 

as applicable 

As applicable As applicable Semiannual 
OP4256-00 7 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Conditions

B.1. Emissions of nitrogen oxides (NOx) from the turbine generator shall not exceed 78.50 pounds per 

hour (lb/hr) based on a 1-hour average, effective during all periods of operation, including startup 

and shutdown (ARM 17.8.752). 

B.2. Emissions of NOx from the turbine generator shall not exceed 25 parts per million dry volume 

(ppmvd) at 15% oxygen (O2), based on a 1-hour average, effective during all periods of 

operation, including startup and shutdown (ARM 17.8.340 and 40 CFR 60, Subpart KKKK). 

B.3. Emissions of carbon monoxide (CO) from the turbine generator shall not exceed 21.50 lb/hr 

based on a 3-hour average, effective during all periods of operation, including startup and 

shutdown (ARM 17.8.752). 

B.4. Emissions of volatile organic compounds (VOCs) from the turbine generator shall not exceed 

1.33 lb/hr based on a 1-hour average, effective during all periods of operation, including startup 

and shutdown (ARM 17.8.752). 

B.5. The combined sum of filterable and condensable emissions of particulate matter with an 

aerodynamic diameter of 10 microns or less (PM10) from the turbine generator shall not exceed 

6.00 lb/hr based on a 1-hour average, effective during all periods of operation, including startup 

and shutdown (ARM 17.8.752). 

B.6. Operation of the turbine generator, including startup and shutdown, shall not exceed 3,400 hours 

per rolling 12-month time period (ARM 17.8.749). 

B.7. Basin Electric shall operate and maintain a water-injection system to control NOx emissions 

during the combustion process. Water-injection shall commence within 10 minutes of turbine 

startup and shall continue until 10 minutes or less prior to shutdown (ARM 17.8.752). 

B.8. Basin Electric shall install, operate, and maintain a catalytic oxidizer to control emissions of CO 

and VOCs (ARM 17.8.752). 

B.9. Basin Electric shall combust only pipeline quality natural gas in the turbine generator (ARM 

17.8.752). 

B.10. The turbine shall exhaust into a stack that is at least 85.6-feet tall from grade (ARM 17.8.749). 

B.11. Basin Electric shall not cause or authorize emissions to be discharged into the outdoor 

atmosphere from any sources installed after November 23, 1968, that exhibit an opacity of 20% 

or greater averaged over 6 consecutive minutes (ARM 17.8.304). 

B.12. Basin Electric shall comply with all applicable standards and limitations, and the reporting, 

recordkeeping and notification requirements contained in 40 CFR 60, Subpart KKKK (ARM 

17.8.340 and 40 CFR 60, Subpart KKKK). 

B.13. Basin Electric shall comply with all applicable standards and limitations, and the reporting, 

recordkeeping, and notification requirements of the Acid Rain Program contained in 40 CFR 

Parts 72-78 (40 CFR Part 72 through 40 CFR Part 78). 
OP4256-00 8 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Compliance Demonstration

B.14. Basin Electric shall test the turbine generator, using natural gas as a fuel, for NOx and CO, 

concurrently, within 180 days of initial startup of the turbine generator, or according to another 

testing/monitoring schedule as may be approved by the Montana Department of Environmental 

Quality (Department), to demonstrate compliance with the NOx and CO emission limits 

contained in Sections III.B.1, III.B.2, and III.B.3. The testing shall continue on an every 2-year 

basis, or according to another testing/monitoring schedule as may be approved by the Department 

(ARM 17.8.105 and ARM 17.8.749). 

B.15. Basin Electric shall monitor compliance with the requirements of Sections III.B.1 and 40 CFR 60, 

Subpart KKKK by maintaining, calibrating, and operating a CEMS for the measurement of NOx 

and a diluent gas (oxygen (O2) or carbon dioxide (CO2)) monitor on each generating unit stack; 

by reporting all excess emissions per 40 CFR 60, Subpart KKKK; and by conducting 

performance tests in accordance with the requirements of 40 CFR 60, Subpart A; 40 CFR Part 60, 

Appendix B (Performance Specifications #2, #3, #4 and/or #4A); 40 CFR 60, Subpart KKKK and 

40 CFR Part 72-78, as applicable (ARM 17.8.105; ARM 17.8.749; 40 CFR 60, Subpart KKKK).

B.16. Basin Electric shall install, certify, maintain, and operate a continuous emission monitoring 

system (CEMS) consisting of a NOx monitor and a diluent gas (O2 or CO2) monitor, to determine 

the hourly NOx emission rate in ppm (ARM 17.8.749, ARM 17.8.340, ARM 17.8.1213 and 40 

CFR 60, Subpart KKKK). 

B.17. Basin Electric shall comply with all applicable requirements of 40 CFR 60, Subpart KKKK, 

including requirements for CEMS installation, certification, quality assurance, and relative 

accuracy and performance testing (ARM 17.8.340 and 40 CFR 60, Subpart KKKK). 

B.18. Basin Electric shall develop a quality assurance plan for all CEMS and on-going quality 

assurance requirements for the gas CEMS that conforms to 40 CFR Part 60, Appendix F (ARM 

17.8.1213). 

B.19. As required by the Department and Section III.A.1, Basin Electric shall perform a Method 

18/Method 25 test in accordance with the Montana Source Test Protocol and Procedures Manual 

(ARM 17.8.106) to monitor compliance with the emissions limitations in Section III.B.4 (ARM 

17.8.1213). 

B.20. Monitoring compliance with the PM/PM10/PM2.5 limitations in Section III.B.5, the opacity 

limitations in Section III.B.11 and fuel limitations in Section III.B.9 and other NSPS-based 

requirements in Section III.B.12 shall be satisfied by burning pipeline quality natural gas in the 

generating unit (ARM 17.8.749, ARM 17.8.1213 and 40 CFR 60, Subparts A and KKKK). 

B.21. Monitoring compliance with the hours of operation limits in Section III.B.6; the control 

equipment requirements in Sections III.B.7 and 8, the fuel requirements in Section III.B.9, and 

the stack height requirement in Section III.B.10 shall be accomplished through recordkeeping as 

described in Sections III.B.23 and B.II.25 (ARM 17.8.1213). 

B.22. Compliance monitoring for the applicable requirements contained in 40 CFR 72-78 shall be 

accomplished as described in 40 CFR Parts 72-78 (40 CFR Part 72 through 40 CFR Part 78). 
OP4256-00 9 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Recordkeeping

B.23. Basin Electric shall maintain a log recording the results of the oxidation catalyst inspections (as 

required by the manufacturer) and any maintenance performed on the water injection, and 

oxidation catalyst units. Each log entry must include the date, the time, the results of the 

inspection, and the initials of the documenting personnel. The log must be maintained on-site and 

must be submitted to the Department upon request (ARM 17.8.1212). 

B.24. Basin Electric shall maintain a file of all measurements from the CEMS and performance testing 

measurements, including: all CEMS performance evaluations; all CEMS or monitoring device 

calibration checks and audits; all adjustments and maintenance performed on these systems or 

devices. These shall be recorded in a permanent form suitable for inspection and shall be retained 

on-site for at least 5 years following the date of such measurements and reports. Basin Electric 

shall supply these records to the Department upon request (ARM 17.8.749 and ARM 17.8.1212). 

B.25. Basin Electric shall maintain on site a log documenting the following operational parameters and 

conditions. All log entries shall include the initials of the documenting personnel (ARM 

17.8.1212). 

a. Date and time turbine start-up events begin and turbine shut-down events end; 

b. Date, time and duration of operation of the turbine, during which, the water injection system 

was not operated; 

c. Date, time and duration of operation of the turbine, during which, the catalytic oxidation 

control system was not operated; 

d. Basin Electric shall document, by month, the hours of operation for the turbine generator, 

including startup and shutdown. By the 25th day of each month, Basin Electric shall total the 

hours of operation for the previous month. The monthly information will be used to verify 

compliance with the rolling 12-month limitation. The information for each of the previous 

months shall be submitted along with the annual emission inventory (ARM 17.8.749). 

e. Date, time and duration that any fuel other than pipeline quality natural gas is combusted in 

the turbine: and 

f. Any project, site modifications or site improvements that results in changes to stack height. 

B.26. Basin Electric shall comply with all applicable recordkeeping requirements contained in 40 CFR 

60, Subpart KKKK (40 CFR 60, Subpart KKKK). 

B.27. Basin Electric shall comply with all applicable recordkeeping requirements contained in 40 CFR 

Part(s) 72-78. Basin Electric shall submit a summary of any required reports to the Department 

along with the semiannual compliance monitoring reports required by Section III.A.16 and 

Section V.D. (40 CFR 72-78). 

B.28. All compliance source test recordkeeping shall be performed in accordance with the test method 

used and the Montana Source Test Protocol and Procedures Manual, and shall be maintained on 

site (ARM 17.8.106 and ARM 17.8.1212). 
OP4256-00 10 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Reporting 

B.29. Any compliance source test reports must be submitted in accordance with the Montana Source 

Test Protocol and Procedures Manual (ARM 17.8.106 and ARM 17.8.1212). 

B.30. The annual compliance certification required by Section V.B must contain a certification 

statement for the above applicable requirements (ARM 17.8.1212). 

B.31. The semiannual monitoring report shall provide (ARM 17.8.1212): 

a. A summary of results of any source testing that was performed during that semiannual period, 

b. Date and time turbine start-up events begin and turbine shut-down events end, 

c. Date, time and duration of operation of the turbine during which, the water injection system is 

not operated, 

d. Date, time and duration of operation of the turbine, during which, the catalytic oxidation 

control system was not operated, 

e. The hours of operation for the turbine generator, including startup and shutdown, 

f. Any instance in which fuel other than pipeline quality natural gas was used (including 

information required in the log), and 

g. Any instance in which a project or site improvement or modification renders the stack height 

less than 85.6 feet. 
OP4256-00 11 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

SECTION IV. NON-APPLICABLE REQUIREMENTS 

The permit application for Basin Electric’s Title V Operating Permit #OP4256-00 identified applicable 

requirements: non-applicable requirements for individual or specific emission units and facility-wide 

operations were not listed. 
OP4256-00 12 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

SECTION V. GENERAL PERMIT CONDITIONS 

A. Compliance Requirements 

ARM 17.8, Subchapter 12, Operating Permit Program §1210(2)(a)-(c)&(e), §1206(6)(c)&(b)

1. The permittee must comply with all conditions of the permit. Any noncompliance with the 

terms or conditions of the permit constitutes a violation of the Montana Clean Air Act, and may 

result in enforcement action, permit modification, revocation and reissuance, or termination, or 

denial of a permit renewal application under ARM Title 17, Chapter 8, Subchapter 12. 

2. The filing of a request by the permittee for a permit modification, revocation and reissuance, or 

termination, or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition. 

3. It shall not be a defense for a permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the 

conditions of the permit. If appropriate, this factor may be considered as a mitigating factor in 

assessing a penalty for noncompliance with an applicable requirement if the source 

demonstrates that both the health, safety or environmental impacts of halting or reducing 

operations would be more serious than the impacts of continuing operations, and that such 

health, safety or environmental impacts were unforeseeable and could not have otherwise been 

avoided. 

4. The permittee shall furnish to the Department, within a reasonable time set by the Department 

(not to be less than 15 days), any information that the Department may request in writing to 

determine whether cause exists for modifying, revoking and reissuing, or terminating the 

permit, or to determine compliance with the permit. Upon request, the permittee shall also 

furnish to the Department copies of those records that are required to be kept pursuant to the 

terms of the permit. This subsection does not impair or otherwise limit the right of the 

permittee to assert the confidentiality of the information requested by the Department, as 

provided in 75-2-105, MCA. 

5. Any schedule of compliance for applicable requirements with which the source is not in 

compliance with at the time of permit issuance shall be supplemental to, and shall not sanction 

noncompliance with, the applicable requirements on which it was based. 

6. For applicable requirements that will become effective during the permit term, the source shall 

meet such requirements on a timely basis unless a more detailed plan or schedule is required by 

the applicable requirement or the Department. 

B. Certification Requirements 

ARM 17.8, Subchapter 12, Operating Permit Program §1207 and §1213(7)(a)&(c)-(d)

1. Any application form, report, or compliance certification submitted pursuant to ARM Title 17, 

Chapter 8, Subchapter 12, shall contain certification by a responsible official of truth, accuracy 

and completeness. This certification and any other certification required under ARM Title 17, 

Chapter 8, Subchapter 12, shall state that, based on information and belief formed after 

reasonable inquiry, the statements and information in the document are true, accurate and 

complete. 
OP4256-00 13 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

2. Compliance certifications shall be submitted by February 15 of each year, or more frequently if 

otherwise specified in an applicable requirement or elsewhere in the permit. Each certification 

must include the required information for the previous calendar year (i.e., January 1 – 

December 31). 

3. Compliance certifications shall include the following: 

a. The identification of each term or condition of the permit that is the basis of the 

certification; 

b. The identification of the method(s) or other means used by the owner or operator for 

determining the status of compliance with each term and condition during the certification 

period, consistent with ARM 17.8.1212; 

c. The status of compliance with each term and condition for the period covered by the 

certification, including whether compliance during the period was continuous or 

intermittent (based on the method or means identified in ARM 17.8.1213(7)(c)(ii), as 

described above); and 

d. Such other facts as the Department may require to determine the compliance status of the 

source. 

4. All compliance certifications must be submitted to the Environmental Protection Agency, as 

well as to the Department, at the addresses listed in the Notification Addresses Appendix of this 

permit. 

C. Permit Shield 

ARM 17.8, Subchapter 12, Operating Permit Program §1214(1)-(4)

1. The applicable requirements and non-federally enforceable requirements are included and 

specifically identified in this permit and the permit includes a precise summary of the 

requirements not applicable to the source. Compliance with the conditions of the permit shall 

be deemed compliance with any applicable requirements and any non-federally enforceable 

requirements as of the date of permit issuance. 

2. The permit shield described in 1 above shall remain in effect during the appeal of any permit 

action (renewal, revision, reopening, or revocation and reissuance) to the Board of 

Environmental Review (Board), until such time as the Board renders its final decision. 

3. Nothing in this permit alters or affects the following: 

a. The provisions of Sec. 7603 of the FCAA, including the authority of the administrator 

under that section; 

b. The liability of an owner or operator of a source for any violation of applicable 

requirements prior to or at the time of permit issuance; 

c. The applicable requirements of the Acid Rain Program, consistent with Sec. 7651g(a) of 

the FCAA; 

d. The ability of the administrator to obtain information from a source pursuant to Sec. 7414 

of the FCAA; 
OP4256-00 14 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

e. The ability of the Department to obtain information from a source pursuant to the Montana 

Clean Air Act, Title 75, Chapter 2, MCA; 

f. The emergency powers of the Department under the Montana Clean Air Act, Title 75, 

Chapter 2, MCA; and 

g. The ability of the Department to establish or revise requirements for the use of reasonably 

available control technology (RACT) as defined in ARM Title 17, Chapter 8. However, if 

the inclusion of a RACT into the permit pursuant to ARM Title 17, Chapter 8, Subchapter 

12, is appealed to the Board, the permit shield, as it applies to the source’s existing permit, 

shall remain in effect until such time as the Board has rendered its final decision. 

4. Nothing in this permit alters or affects the ability of the Department to take enforcement action 

for a violation of an applicable requirement or permit term demonstrated pursuant to ARM 

17.8.106, Source Testing Protocol. 

5. Pursuant to ARM 17.8.132, for the purpose of submitting a compliance certification, nothing in 

these rules shall preclude the use, including the exclusive use, of any credible evidence or 

information relevant to whether a source would have been in compliance. However, when 

compliance or noncompliance is demonstrated by a test or procedure provided by permit or 

other applicable requirements, the source shall then be presumed to be in compliance or 

noncompliance unless that presumption is overcome by other relevant credible evidence. 

6. The permit shield will not extend to minor permit modifications or changes not requiring a 

permit revision (see Sections I & J). 

7. The permit shield will extend to significant permit modifications and transfer or assignment of 

ownership (see Sections K & O). 

D. Monitoring, Recordkeeping, and Reporting Requirements 

ARM 17.8, Subchapter 12, Operating Permit Program §1212(2)&(3)

1. Unless otherwise provided in this permit, the permittee shall maintain compliance monitoring 

records that include the following information: 

a. The date, place as defined in the permit, and time of sampling or measurement; 

b. The date(s) analyses were performed; 

c. The company or entity that performed the analyses; 

d. The analytical techniques or methods used; 

e. The results of such analyses; and 

f. The operating conditions at the time of sampling or measurement. 

2. The permittee shall retain records of all required monitoring data and support information for a 

period of at least 5 years from the date of the monitoring sample, measurement, report, or 

application. Support information includes all calibration and maintenance records and all 

original strip-chart recordings for continuous monitoring instrumentation, and copies of all 

reports required by the permit. All monitoring data, support information, and required reports 
OP4256-00 15 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

and summaries may be maintained in computerized form at the plant site if the information is 

made available to Department personnel upon request, which may be for either hard copies or 

computerized format. Strip-charts must be maintained in their original form at the plant site 

and shall be made available to Department personnel upon request. 

3. The permittee shall submit to the Department, at the addresses located in the Notification 

Addresses Appendix of this permit, reports of any required monitoring by February 15 and 

August 15 of each year, or more frequently if otherwise specified in an applicable requirement 

or elsewhere in the permit. The monitoring report submitted on February 15 of each year must 

include the required monitoring information for the period of July 1 through December 31 of 

the previous year. The monitoring report submitted on August 15 of each year must include the 

required monitoring information for the period of January 1 through June 30 of the current year. 

All instances of deviations from the permit requirements must be clearly identified in such 

reports. All required reports must be certified by a responsible official, consistent with ARM 

17.8.1207. 

E. Prompt Deviation Reporting 

ARM 17.8, Subchapter 12, Operating Permit Program §1212(3)(c)

The permittee shall promptly report deviations from permit requirements, including those attributable 

to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective 

actions or preventive measures taken. To be considered prompt, deviations shall be reported to the 

Department within the following timeframes (unless otherwise specified in an applicable 

requirement): 

1. For deviations which may result in emissions potentially in violation of permit limitations: 

a. An initial phone notification (or faxed or electronic notification) describing the incident 

within 24 hours (or the next business day) of discovery; and, 

b. A follow-up written, faxed, or electronic report within 30 days of discovery of the deviation 

that describes the probable cause of the reported deviation and any corrective actions or 

preventative measures taken. 

2. For deviations attributable to malfunctions, deviations shall be reported to the Department in 

accordance with the malfunction reporting requirements under ARM 17.8.110; and 

3. For all other deviations, deviations shall be reported to the Department via a written, faxed, or 

electronic report within 90 days of discovery (as determined through routine internal review by 

the permittee). 

Prompt deviation reports do not need to be resubmitted with regular semiannual (or other routine) 

reports, but may be referenced by the date of submittal. 

F. Emergency Provisions 

ARM 17.8, Subchapter 12, Operating Permit Program §1201(13) and §1214(5), (6)&(8)

1. An “emergency” means any situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including acts of God, which situation requires immediate 

corrective action to restore normal operation and causes the source to exceed a technologybased emission limitation under this permit due to the unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include noncompliance to the extent 

caused by improperly designed equipment, lack of reasonable preventive maintenance, careless 

or improper operation, or operator error. 
OP4256-00 16 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

2. An emergency constitutes an affirmative defense to an action brought for noncompliance with a 

technology-based emission limitation if the permittee demonstrates through properly signed, 

contemporaneous logs, or other relevant evidence, that: 

a. An emergency occurred and the permittee can identify the cause(s) of the emergency; 

b. The permitted facility was at the time being properly operated; 

c. During the period of the emergency the permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards or other requirements in the 

permit; and 

d. The permittee submitted notice of the emergency to the Department within 2 working days 

of the time when emission limitations were exceeded due to the emergency. This notice 

fulfills the requirements of ARM 17.8.1212(3)(c). This notice must contain a description 

of the emergency, any steps taken to mitigate emissions, and corrective actions taken. 

3. These emergency provisions are in addition to any emergency, malfunction or upset provision 

contained in any applicable requirement. 

G. Inspection and Entry 

ARM 17.8, Subchapter 12, Operating Permit Program §1213(3)&(4)

1. Upon presentation of credentials and other requirements as may be required by law, the 

permittee shall allow the Department, the administrator, or an authorized representative 

(including an authorized contractor acting as a representative of the Department or the 

administrator) to perform the following: 

a. Enter the premises where a source required to obtain a permit is located or emissionsrelated activity is conducted, or where records must be kept under the conditions of the 

permit; 

b. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit; 

c. Inspect at reasonable times any facilities, emission units, equipment (including monitoring 

and air pollution control equipment), practices, or operations regulated or required under 

the permit; and 

d. As authorized by the Montana Clean Air Act and rules promulgated thereunder, sample or 

monitor, at reasonable times, any substances or parameters at any location for the purpose 

of assuring compliance with the permit or applicable requirements. 

2. The permittee shall inform the inspector of all workplace safety rules or requirements at the 

time of inspection. This section shall not limit in any manner the Department’s statutory right 

of entry and inspection as provided for in 75-2-403, MCA. 

H. Fee Payment 

ARM 17.8, Subchapter 12, Operating Permit Program §1210(2)(f) and ARM 17.8, Subchapter 5, Air 

Quality Permit Application, Operation, and Open Burning Fees §505(3)-(5) (STATE ONLY)
OP4256-00 17 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

1. The permittee must pay application and operating fees, pursuant to ARM Title 17, Chapter 8, 

Subchapter 5. 

2. Annually, the Department shall provide the permittee with written notice of the amount of the 

fee and the basis for the fee assessment. The air quality operation fee is due 30 days after 

receipt of the notice, unless the fee assessment is appealed pursuant to ARM 17.8.511. If any 

portion of the fee is not appealed, that portion of the fee that is not appealed is due 30 days after 

receipt of the notice. Any remaining fee, which may be due after the completion of an appeal, 

is due immediately upon issuance of the Board’s decision or upon completion of any judicial 

review of the Board’s decision. 

3. If the permittee fails to pay the required fee (or any required portion of an appealed fee) within 

90 days of the due date of the fee, the Department may impose an additional assessment of 15% 

of the fee (or any required portion of an appealed fee) or $100, whichever is greater, plus 

interest on the fee (or any required portion of an appealed fee), computed at the interest rate 

established under 15-31-510(3), MCA. 

I. Minor Permit Modifications 

ARM 17.8, Subchapter 12, Operating Permit Program §1226(3)&(11)

1. An application for a minor permit modification need only address in detail those portions of the 

permit application that require revision, updating, supplementation, or deletion, and may 

reference any required information that has been previously submitted. 

2. The permit shield under ARM 17.8.1214 will not extend to any minor modifications processed 

pursuant to ARM 17.8.1226. 

J. Changes Not Requiring Permit Revision 

ARM 17.8, Subchapter 12, Operating Permit Program §1224(1)-(3), (5)&(6)

1. The permittee is authorized to make changes within the facility as described below, provided 

the following conditions are met: 

a. The proposed changes do not require the permittee to obtain a Montana Air Quality Permit 

under ARM Title 17, Chapter 8, Subchapter 7; 

b. The proposed changes are not modifications under Title I of the FCAA, or as defined in 

ARM Title 17, Chapter 8, Subchapters 8, 9, or 10; 

c. The emissions resulting from the proposed changes do not exceed the emissions allowable 

under this permit, whether expressed as a rate of emissions or in total emissions; 

d. The proposed changes do not alter permit terms that are necessary to enforce applicable 

emission limitations on emission units covered by the permit; and 

e. The facility provides the administrator and the Department with written notification at least 

7 days prior to making the proposed changes. 

2. The permittee and the Department shall attach each notice provided pursuant to 1.e above to 

their respective copies of this permit. 
OP4256-00 18 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

3. Pursuant to the conditions above, the permittee is authorized to make Section 502(b)(10) 

changes, as defined in ARM 17.8.1201(30), without a permit revision. For each such change, 

the written notification required under 1.e above shall include a description of the change 

within the source, the date on which the change will occur, any change in emissions, and any 

permit term or condition that is no longer applicable as a result of the change. 

4. The permittee may make a change not specifically addressed or prohibited by the permit terms 

and conditions without requiring a permit revision, provided the following conditions are met: 

a. Each proposed change does not weaken the enforceability of any existing permit 

conditions; 

b. The Department has not objected to such change; 

c. Each proposed change meets all applicable requirements and does not violate any existing 

permit term or condition; and 

d. The permittee provides contemporaneous written notice to the Department and the 

administrator of each change that is above the level for insignificant emission units as 

defined in ARM 17.8.1201(22) and 17.8.1206(3), and the written notice describes each 

such change, including the date of the change, any change in emissions, pollutants emitted, 

and any applicable requirement that would apply as a result of the change. 

5. The permit shield authorized by ARM 17.8.1214 shall not apply to changes made pursuant to 

ARM 17.8.1224(3) and (5), but is applicable to terms and conditions that allow for increases 

and decreases in emissions pursuant to ARM 17.8.1224(4). 

K. Significant Permit Modifications 

ARM 17.8, Subchapter 12, Operating Permit Program §1227(1), (3)&(4)

1. The modification procedures set forth in 2 below must be used for any application requesting a 

significant modification of this permit. Significant modifications include the following: 

a. Any permit modification that does not qualify as either a minor modification or as an 

administrative permit amendment; 

b. Every significant change in existing permit monitoring terms or conditions; 

c. Every relaxation of permit reporting or recordkeeping terms or conditions that limit the 

Department’s ability to determine compliance with any applicable rule, consistent with the 

requirements of the rule; or 

d. Any other change determined by the Department to be significant. 

2. Significant modifications shall meet all requirements of ARM Title 17, Chapter 8, including 

those for applications, public participation, and review by affected states and the administrator, 

as they apply to permit issuance and renewal, except that an application for a significant permit 

modification need only address in detail those portions of the permit application that require 

revision, updating, supplementation or deletion. 

3. The permit shield provided for in ARM 17.8.1214 shall extend to significant modifications. 
OP4256-00 19 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

L. Reopening for Cause 

ARM 17.8, Subchapter 12, Operating Permit Program §1228(1)&(2)

This permit may be reopened and revised under the following circumstances: 

1. Additional applicable requirements under the FCAA become applicable to the facility when the 

permit has a remaining term of 3 or more years. Reopening and revision of the permit shall be 

completed not later than 18 months after promulgation of the applicable requirement. No 

reopening is required under ARM 17.8.1228(1)(a) if the effective date of the applicable 

requirement is later than the date on which the permit is due to expire, unless the original 

permit or any of its terms or conditions have been extended pursuant to ARM 17.8.1220(12) or 

17.8.1221(2); 

2. Additional requirements (including excess emission requirements) become applicable to an 

affected source under the Acid Rain Program. Upon approval by the administrator, excess 

emission offset plans shall be deemed incorporated into the permit; 

3. The Department or the administrator determines that the permit contains a material mistake or 

that inaccurate statements were made in establishing the emission standards or other terms or 

conditions of the permit; or 

4. The administrator or the Department determines that the permit must be revised or revoked and 

reissued to ensure compliance with the applicable requirements. 

M. Permit Expiration and Renewal 

ARM 17.8, Subchapter 12, Operating Permit Program §1210(2)(g), §1220(11)&(12), and §1205(2)(d)

1. This permit is issued for a fixed term of 5 years. 

2. Renewal of this permit is subject to the same procedural requirements that apply to permit 

issuance, including those for application, content, public participation, and affected state and 

administrator review. 

3. Expiration of this permit terminates the permittee’s right to operate unless a timely and 

administratively complete renewal application has been submitted consistent with ARM 

17.8.1221 and 17.8.1205(2)(d). If a timely and administratively complete application has been 

submitted, all terms and conditions of the permit, including the application shield, remain in 

effect after the permit expires until the permit renewal has been issued or denied. 

4. For renewal, the permittee shall submit a complete air quality operating permit application to 

the Department not later than 6 months prior to the expiration of this permit, unless otherwise 

specified. If necessary to ensure that the terms of the existing permit will not lapse before 

renewal, the Department may specify, in writing to the permittee, a longer time period for 

submission of the renewal application. Such written notification must be provided at least 1 

year before the renewal application due date established in the existing permit. 

N. Severability Clause 

ARM 17.8, Subchapter 12, Operating Permit Program §1210(2)(i)&(l)

1. The administrative appeal or subsequent judicial review of the issuance by the Department of 

an initial permit under this subchapter shall not impair in any manner the underlying 

applicability of all applicable requirements, and such requirements continue to apply as if a 

final permit decision had not been reached by the Department. 
OP4256-00 20 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

2. If any provision of a permit is found to be invalid, all valid parts that are severable from the 

invalid part remain in effect. If a provision of a permit is invalid in one or more of its 

applications, the provision remains in effect in all valid applications that are severable from the 

invalid applications. 

O. Transfer or Assignment of Ownership 

ARM 17.8, Subchapter 12, Operating Permit Program §1225(2)&(4)

1. If an administrative permit amendment involves a change in ownership or operational control, 

the applicant must include in its request to the Department a written agreement containing a 

specific date for the transfer of permit responsibility, coverage and liability between the current 

and new permittee. 

2. The permit shield provided for in ARM17.8.1214 shall not extend to administrative permit 

amendments. 

P. Emissions Trading, Marketable Permits, Economic Incentives 

ARM 17.8, Subchapter 12, Operating Permit Program §1226(2)

Notwithstanding ARM 17.8.1226(1) and (7), minor air quality operating permit modification 

procedures may be used for permit modifications involving the use of economic incentives, 

marketable permits, emissions trading, and other similar approaches, to the extent that such minor 

permit modification procedures are explicitly provided for in the Montana State Implementation Plan 

or in applicable requirements promulgated by the administrator. 

Q. No Property Rights Conveyed 

ARM 17.8, Subchapter 12, Operating Permit Program §1210(2)(d)

This permit does not convey any property rights of any sort, or any exclusive privilege. 

R. Testing Requirements 

ARM 17.8, Subchapter 1, General Provisions §105

The permittee shall comply with ARM 17.8.105. 

S. Source Testing Protocol 

ARM 17.8, Subchapter 1, General Provisions §106

The permittee shall comply with ARM 17.8.106. 

T. Malfunctions 

ARM 17.8, Subchapter 1, General Provisions §110

The permittee shall comply with ARM 17.8.110. 

U. Circumvention 
OP4256-00 21 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

ARM 17.8, Subchapter 1, General Provisions §111

The permittee shall comply with ARM 17.8.111. 

V. Motor Vehicles 

ARM 17.8, Subchapter 3, Emission Standards §325

The permittee shall comply with ARM 17.8.325. 

W. Annual Emissions Inventory 

ARM 17.8, Subchapter 5, Air Quality Permit Application, Operation and Open Burning Fees §505 

(STATE ONLY)

The permittee shall supply the Department with annual production and other information for all 

emission units necessary to calculate actual or estimated actual amount of air pollutants emitted 

during each calendar year. Information shall be gathered on a calendar-year basis and submitted to 

the Department by the date required in the emission inventory request, unless otherwise specified in 

this permit. Information shall be in the units required by the Department. 

X. Open Burning 

ARM 17.8, Subchapter 6, Open Burning §604, 605 and 606

The permittee shall comply with ARM 17.8.604, 605 and 606. 

Y. Montana Air Quality Permits 

ARM 17.8, Subchapter 7, Permit, Construction and Operation of Air Contaminant Sources §745 and 

764 (ARM 17.8.745(1) and 764(1)(b) are STATE ENFORCEABLE ONLY until approval by the 

EPA as part of the SIP) 

1. Except as specified, no person shall construct, install, modify or use any air contaminant source 

or stack associated with any source without first obtaining a permit from the Department or 

Board. A permit is not required for those sources or stacks as specified by ARM 

17.8.744(1)(a)-(k). 

2. The permittee shall comply with ARM 17.8.743, 744, 745, 748, and 764. 

3. ARM 17.8.745(1) specifies de minimis changes as construction or changed conditions of 

operation at a facility holding a Montana Air Quality Permit (MAQP) issued under Chapter 8 

that does not increase the facility’s potential to emit by more than 5 tons per year of any 

pollutant, except (STATE ENFORCEABLE ONLY until approved by the EPA as part of the 

SIP): 

a. Any construction or changed condition that would violate any condition in the facility’s 

existing MAQP or any applicable rule contained in Chapter 8 is prohibited, except as 

provided in ARM 17.8.745(2); 

b. Any construction or changed conditions of operation that would qualify as a major 

modification under Subchapters 8, 9 or 10 of Chapter 8; 
OP4256-00 22 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

c. Any construction or changed condition of operation that would affect the plume rise or 

dispersion characteristic of emissions that would cause or contribute to a violation of an 

ambient air quality standard or ambient air increment as defined in ARM 17.8.804; 

d. Any construction or improvement project with a potential to emit more than 5 tons per year 

may not be artificially split into smaller projects to avoid Montana Air Quality Permitting; 

or 

e. 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. 

4. Any facility making a de minimis change pursuant to ARM 17.8.745(1) shall notify the 

Department if the change would include a change in control equipment, stack height, stack 

diameter, stack gas temperature, source location or fuel specifications, or would result in an 

increase in source capacity above its permitted operation or the addition of a new emission unit. 

The notice must be submitted, in writing, 10 days prior to start up 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, and must include the information requested in 

ARM 17.8.745(1) (STATE ENFORCEABLE ONLY until approval by the EPA as part of the 

SIP). 

Z. National Emission Standard for Asbestos 

40 CFR, Part 61, Subpart M

The permittee shall not conduct any asbestos abatement activities except in accordance with 40 CFR 

61, Subpart M (National Emission Standard for Hazardous Air Pollutants for Asbestos). 

AA. Asbestos 

ARM 17.74, Subchapter 3, General Provisions and Subchapter 4, Fees

The permittee shall comply with ARM 17.74.301, et seq., and ARM 17.74.401, et seq. (State only) 

BB.Stratospheric Ozone Protection – Servicing of Motor Vehicle Air Conditioners 

40 CFR, Part 82, Subpart B

If the permittee performs a service on motor vehicles and this service involves ozone-depleting 

substance/refrigerant in the motor vehicle air conditioner (MVAC), the permittee is subject to all the 

applicable requirements as specified in 40 CFR 82, Subpart B. 

CC. Stratospheric Ozone Protection – Recycling and Emission Reductions 

40 CFR, Part 82, Subpart F

The permittee shall comply with the standards for recycling and emission reductions in 40 CFR 82, 

Subpart F, except as provided for MVACs in Subpart B: 

1. Persons opening appliances for maintenance, service, repair, or disposal must comply with the 

required practices pursuant to §82.156; 
OP4256-00 23 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

2. Equipment used during the maintenance, service, repair or disposal of appliances must comply 

with the standards for recycling and recovery equipment pursuant to §82.158; 

3. Persons performing maintenance, service, repair or disposal of appliances must be certified by 

an approved technical certification program pursuant to §82.161; 

4. Persons disposing of small appliances, MVACs and MVAC-like (as defined at §82.152) 

appliances must comply with recordkeeping requirements pursuant to §82.166; 

5. Persons owning commercial or industrial process refrigeration equipment must comply with the 

leak repair requirements pursuant to §82.156; and 

6. Owners/operators of appliances normally containing 50 or more pounds of refrigerant must 

keep records of refrigerant purchased and added to such appliances pursuant to §82.166. 

DD. Emergency Episode Plan 

The permittee shall comply with the requirements contained in Chapter 9.7 of the State of Montana 

Air Quality Control Implementation Plan. 

Each major source emitting 100 tons per year located in a Priority I Air Quality Control Region, shall 

submit to the Department a legally enforceable Emergency Episode Action Plan (EEAP) that details 

how the source will curtail emissions during an air pollutant emergency episode. The industrial 

EEAP shall be in accordance with the Department’s EEAP and shall be submitted according to a 

timetable developed by the Department, following Priority I reclassification. 

EE.Definitions 

Terms not otherwise defined in this permit or in the Definitions and Abbreviations Appendix of this 

permit, shall have the meaning assigned to them in the referenced regulations. 
OP4256-00 24 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

APPENDICES 
OP4256-00 A-1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Appendix A INSIGNIFICANT EMISSIONS UNITS 

Disclaimer: The information in this appendix is not State or Federally enforceable, but is presented to 

assist Basin Electric, the permitting authority, inspectors, and the public. 

Pursuant to ARM 17.8.1201(22)(a), an insignificant emission unit means any activity or emissions unit 

located within a source that: (i) has a potential to emit less than five tons per year of any regulated 

pollutant; (ii) has a potential to emit less than 500 pounds per year of lead; (iii) has a potential to emit less 

than 500 pounds per year of hazardous air pollutants listed pursuant to section 7412 (b) of the FCAA; and 

(iv) is not regulated by an applicable requirement, other than a generally applicable requirement that 

applies to all emission units subject to Subchapter 12. 

List of Insignificant Activities:

The following table of insignificant sources and/or activities were provided by Basin Electric. 

Emissions Unit ID Description 

IEU01 Haul Road Fugitive Emissions 

 
OP4256-00 B-1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Appendix B DEFINITIONS and ABBREVIATIONS 

"Act" means the Clean Air Act, as amended, 42 U.S. 7401, et seq. 

"Administrative permit amendment" means an air quality operating permit revision that: 

(a) corrects typographical errors; 

(b) identifies a change in the name, address or phone number of any person identified in the air 

quality operating permit, or identifies a similar minor administrative change at the source; 

(c) requires more frequent monitoring or reporting by Basin Electric; 

(d) requires changes in monitoring or reporting requirements that the Department deems to be no 

less stringent than current monitoring or reporting requirements; 

(e) allows for a change in ownership or operational control of a source if the Department has 

determined that no other change in the air quality operating permit is necessary, consistent 

with ARM 17.8.1225; or 

(f) incorporates any other type of change which the Department has determined to be similar to 

those revisions set forth in (a)-(e), above. 

"Applicable requirement" means all of the following as they apply to emissions units in a source 

requiring an air quality operating permit (including requirements that have been promulgated or approved 

by the Department or the administrator through rule making at the time of issuance of the air quality 

operating permit, but have future-effective compliance dates, provided that such requirements apply to 

sources covered under the operating permit): 

(a) any standard, rule, or other requirement, including any requirement contained in a consent 

decree or judicial or administrative order entered into or issued by the Department, that is 

contained in the Montana state implementation plan approved or promulgated by the 

administrator through rule making under Title I of the FCAA; 

(b) any federally enforceable term, condition or other requirement of any Montana Air Quality 

Permit issued by the Department under Subchapters 7, 8, 9 and 10 of this chapter, or pursuant 

to regulations approved or promulgated through rule making under Title I of the FCAA, 

including parts C and D; 

(c) any standard or other requirement under Section 7411 of the FCAA, including Section 

7411(d); 

(d) any standard or other requirement under Section 7412 of the FCAA, including any 

requirement concerning accident prevention under Section 7412(r)(7), but excluding the 

contents of any risk management plan required under Section 7412(r); 

(e) any standard or other requirement of the acid rain program under Title IV of the FCAA or 

regulations promulgated thereunder; 

(f) any requirements established pursuant to Section 7661c(b) or Section 7414(a)(3) of the 

FCAA; 

(g) any standard or other requirement governing solid waste incineration, under Section 7429 of 

the FCAA; 

(h) any standard or other requirement for consumer and commercial products, under Section 

7511b(e) of the FCAA; 

(i) any standard or other requirement for tank vessels, under Section 7511b(f) of the FCAA; 

(j) any standard or other requirement of the regulations promulgated to protect stratospheric 

ozone under Title VI of the FCAA, unless the administrator determines that such 

requirements need not be contained in an air quality operating permit; 

(k) any national ambient air quality standard or increment or visibility requirement under part C 

of Title I of the FCAA, but only as it would apply to temporary sources permitted pursuant to 

Section 7661c(e) of the FCAA; or 
OP4256-00 B-2 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

(l) any federally enforceable term or condition of any air quality open burning permit issued by 

the Department under Subchapter 6. 

"Department" means the Montana Department of Environmental Quality. 

"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit 

any regulated air pollutant or any pollutant listed under Section 7412(b) of the FCAA. This term is not 

meant to alter or affect the definition of the term "unit" for purposes of Title IV of the FCAA. 

"FCAA" means the Federal Clean Air Act, as amended. 

"Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements 

within the Montana state implementation plan, and any permit requirement established pursuant to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR 51, Subpart I, including operating permits 

issued under an EPA approved program that is incorporated into the Montana state implementation plan 

and expressly requires adherence to any permit issued under such program. 

"Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, 

vent, or other functionally equivalent opening. 

"General air quality operating permit" or "general permit" means an air quality operating permit that 

meets the requirements of ARM 17.8.1222, covers multiple sources in a source category, and is issued in 

lieu of individual permits being issued to each source. 

"Hazardous air pollutant" means any air pollutant listed as a hazardous air pollutant pursuant to 

Section 112(b) of the FCAA. 

"Non-federally enforceable requirement" means the following as they apply to emissions units in a 

source requiring an air quality operating permit: 

(a) any standard, rule, or other requirement, including any requirement contained in a consent 

decree, or judicial or administrative order entered into or issued by the Department, that is not 

contained in the Montana state implementation plan approved or promulgated by the 

administrator through rule making under Title I of the FCAA; 

(b) any term, condition or other requirement contained in any Montana Air Quality Permit issued 

by the Department under Subchapters 7, 8, 9 and 10 of this chapter that is not federally 

enforceable; 

(c) does not include any Montana ambient air quality standard contained in Subchapter 2 of this 

chapter. 

"Permittee" means the owner or operator of any source subject to the permitting requirements of this 

subchapter, as provided in ARM 17.8.1204, that holds a valid air quality operating permit or has 

submitted a timely and complete permit application for issuance, renewal, amendment, or modification 

pursuant to this subchapter. 

"Regulated air pollutant" means the following: 

(a) nitrogen oxides or any volatile organic compounds; 

(b) any pollutant for which a national ambient air quality standard has been promulgated; 

(c) any pollutant that is subject to any standard promulgated under Section 7411 of the FCAA; 

(d) any Class I or II substance subject to a standard promulgated under or established by Title VI 

of the FCAA; or 
OP4256-00 B-3 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

(e) any pollutant subject to a standard or other requirement established or promulgated under 

Section 7412 of the FCAA, including but not limited to the following: 

(i) any pollutant subject to requirements under Section 7412(j) of the FCAA. If the 

administrator fails to promulgate a standard by the date established in Section 7412(e) of 

the FCAA, any pollutant for which a subject source would be major shall be considered 

to be regulated on the date 18 months after the applicable date established in Section 

7412(e) of the FCAA; 

(ii) any pollutant for which the requirements of Section 7412(g)(2) of the FCAA have been 

met but only with respect to the individual source subject to Section 7412(g)(2) 

requirement. 

"Responsible official" means one of the following: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in 

charge of a principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such 

person if the representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a permit and 

either: 

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or 

(ii) the delegation of authority to such representative is approved in advance by the 

Department. 

(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. 

(c) For a municipality, state, federal, or other public agency: either a principal executive officer 

or ranking elected official. For the purposes of this part, a principal executive officer of a 

federal agency includes the chief executive officer having responsibility for the overall 

operations of a principal geographic unit of the agency (e.g., a regional administrator of the 

environmental protection agency). 

(d) For affected sources: the designated representative in so far as actions, standards, 

requirements, or prohibitions under Title IV of the FCAA or the regulations promulgated 

thereunder are concerned, and the designated representative for any other purposes under this 

subchapter. 
OP4256-00 B-4 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Abbreviations:

ARM Administrative Rules of Montana 

ASTM American Society of Testing Materials 

BACT Best Available Control Technology 

BDT bone dry tons 

BTU British Thermal Unit 

CFR Code of Federal Regulations 

CO carbon monoxide 

DEQ Department of Environmental Quality 

dscf dry standard cubic foot 

dscfm dry standard cubic foot per minute 

EEAP Emergency Episode Action Plan 

EPA U.S. Environmental Protection Agency 

EPA Method Test methods contained in 40 CFR 60, Appendix A 

EU emissions unit 

FCAA Federal Clean Air Act 

gr grains 

HAP hazardous air pollutant 

IEU insignificant emissions unit 

Mbdft thousand board feet 

Method 5 40 CFR 60, Appendix A, Method 5 

Method 9 40 CFR 60, Appendix A, Method 9 

MMbdft million board feet 

MMBTU million British Thermal Units 

NOx oxides of nitrogen 

NO2 nitrogen dioxide 

O2 oxygen 

Pb lead 

PM particulate matter 

PM10 particulate matter less than 10 microns in size 

psi pounds per square inch 

scf standard cubic feet 

SIC Source Industrial Classification 

SO2 sulfur dioxide 

SOx oxides of sulfur 

tpy tons per year 

U.S.C. United States Code 

VE visible emissions 

VOC volatile organic compound 
OP4256-00 C-1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Appendix C NOTIFICATION ADDRESSES 

Compliance Notifications: 

Montana Department of Environmental Quality 

Permitting and Compliance Division 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

United States EPA 

Air Program Coordinator 

Region VIII, Montana Office 

10 W. 15th Street, Suite 3200 

Helena, MT 59626 

Permit Modifications: 

Montana Department of Environmental Quality 

Permitting and Compliance Division 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

Office of Partnerships and Regulatory Assistance 

Air and Radiation Program 

US EPA Region VIII 8P-AR 

1595 Wynkoop Street 

Denver, CO 80202-1129 
OP4256-00 D-1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 

Appendix D AIR QUALITY INSPECTOR INFORMATION 

Disclaimer: The information in this appendix is not State or Federally enforceable, but is presented to 

assist Basin Electric, permitting authority, inspectors, and the public. 

1. Direction to Plant: The station is located 7 miles northeast of Culbertson, Montana. Go north on 

Route 16 approximately 4.5 miles, turn east (right) on a gravel road and travel 4.8 miles, turn south 

(right) on section-line gravel road. Basin Creek is situated on the left side of the southbound sectionline gravel road, diagonally southeast across the road from Northern Border Compressor Station #3. 

2. Safety Equipment Required: Hardhat, steel-toed shoes/boots, and hearing protection are required at 

the facility. A Basin Electric employee will conduct a safety briefing for any inspector prior to 

entering the plant area. 

3. Facility Plot Plan: 
OP4256-00 D-2 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 
Appendix E ACID RAIN APPLICATION 

OP4256-00 E-1 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 
OP4256-00 E-2 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 
OP4256-00 E-3 Date of Decision: 11/12/10 

Effective Date: 12/14/2010 
OP4256-00 E-4 Date of Decision: 11/12/10 

Effective Date: 12/14/2010