~ Chapter 9 ----

STATE OF MONTANA ---

AIR QUALITY CONTROL 

1~1)LE:v1ENTAT10N PLI\N 

ATR QL'ALITY 

For tbe purposes of this subchapter: 

( l) "Best available controi technology (8ACT)" means an emisston EmHation (including a visible .::nus 

standar, based on the ma:dmmn degree of reduction for each pollutant subject to regulation under 42 G.S. l4 10, 

ct sc4 . or 7"5 L! 0 l. ct seq., MCA, that would be emitted from any proposed emitting unit or modificatio ·hich the 

cuse-by·case basis, wking into account energy, environmental. and economic i .tcts and other 

costs. determines is h:cvablc for such emitting unit or modificatiOn through application of pro ction processes or 

iJV<Jilabk methods, sys ·, and techniques, inch1dmg fuel cleanmg or treatment or mno· tivc fltcl combus~ion 

tcchruqucs for control of s. h contaminant. In no event :nay app!Jcation of BAC ;esult m emission of any 

rcgu lakd air pollutant that wou exceed the emissions allowed by any appl1cablc andard under ARM Title !7. 

chapter 8, subchapter 3, and this suo apt<:r. If the dcparu11ent detcmrincs that t ; .ological or economic limitations 

on the application of measurement mcth ology to a particular class of emi · 1g umts would make the imposttion of 

on emission standard infeasible, it may instc rescribe a design, equi. .ent, work practice, or operational standard 

or combination thereof, to require the app1tcat10; fDA CT. Such s . dard must, to the degree poss1ble, set forth the 

emission reduction achievable by implementation o. ·uch desin , equipment, work practice or operation and must 

pro\'ld<: for compliance by means that achieve equivale ults. 

(2) "Construct'' or "construction" mc!udes a 

means: 

(<I) mitiarion of on-site fabncation , 1 of an emittmg umt or control equipment 

in<:luding, but not limited ro . 

(I) insw!latwn of buildmg su 

(til laying ofundcrgroun _ip~work; or 

( ui) construction of s ·age structures; or 

(h) the mstallatio f any portable or temporary equipment ()f faciiities. 

(1 i "Day" me· s calendar day unless other\l.ise stated. 

(4) "Enu g unit" means: 

(a) an ·quipment that emits or has the potential to emit any regulated <Jir pollutant under th 

of Moman· 1rough a stack(s) or venlf,s); or 

, , ) any equipment from which emissions cons 1st wlc\y of fus:tlvc emissions of a regulated ai1 po. 

th: Clean /\H ;\ct of Montana . 

r\DMfN!ST RATJVE RGLES OF MONTr\NA 12/2!/9? ! 7.427 

········--·············-----, 

Page 9.2.2 7 (4) 
17.8.740 ENV!RONlvlENTAL QUALJTY 

(e) eeflsU'ue!'iener dumbes ifl el"ere!:ieH !l! a fiteilit) or emitting tm:Jt tfl!lt 'tHlttiEi •• ie!are !lfl) eeHAitieH :A the 

fe.;i.lit; 's Menttli'Ht !li. ~tutlity t'etmit, Bn) aearcl er eemt erEier, any eeAa-ol ~Ian ni!!tiA tl1e Menlana !iHHe 

imr-leR~eH!!!!JeR pltll'l, er !IAJ Rtie iH tlli!i ei'la)'ter, except as pro"ided in ARM 17.8.745 ; 

ADMINlSTRATfVE RULES OF MONTANi\ 

Paoe 9.2. 2.7 (5) 
AfR QUALITY 17.8.740 

(9) "Montana air quality permit" means a preconstruction permit issued under th. 

su, · 1apter that may include requirements tor the construction and subsequent operation , an 

cmitti _ unit(s) or facility. 

( 1 "Negligible risk to the public health, safety, and welfare and to the er ronment" 

means an inc ase in excess lifetime cancer risk of less than 1.0 x l o·6

, for 1y individual 

pollutant, and I. x 10·5

, for the aggregate of all pollutants, and an increas ·n the sum of the 

non-cancer hazard q otients for all pollutants with similar toxic effect· of less than 1.0, as 

dctennined by a human ealth risk assessment conducted accordino o ARM 17.8.767. The 

department shall also cons1 , r environmental impacts identified i ny environmental analysis 

conducted pursuant to the rv1 tana Environmental Policy . , Title 75, chapter 1, parts l 

through 3, .\!1CA, in determining mpliancc with all app · able rules or other requirements 

requinng protection ofpubllc health, fcty, and wclfar and the environment. 

(11) "New or modified emitting u ·t" means· emitting unit that was not constructed or 

upon which construction ,.vas not commence to March 16, 1979. 

( 12) "O,vner or operator" means the O\ · of a facility or other person designated by the 

O\vner as responsible for overall operation the fa · ity. 

(13) "Potential to emit" mean· 1e maximum apacity of a facility or emitting umt, 

within physical and operational d · tgn, to emit a poilu nt. Any physical or operational 

limitation on the capacity oft facility or emitting unit to ·mit a pollutant, including air 

pollution control equipment · d restrictions on hours of operatio or on the ty'Pe or amount of 

material com busted, store ., or processed, is treated as part of its dcs1, only if the limitation or 

the c!Tect it would ha · on emissions is federally enforceable. Secon 

considered in detc . ming potential to emit 

( 14) "J utine maintenance, repair, or replacement" means any actiO! aken upon an 

emitting un )y the ow11er or operator that is necessary on a periodic basis to a ·ure proper 

opcratio of the emitting tmit. The tenn routine does not include activities that: 

(a) have associated fixed capital costs in excess of 50% of the t!xed capita 

w· essary to construct a comparable, entirely new· emitting unit; 

ADMINISTRATIVE .RULES OF MONTANA . 12/31/02 17-429 

Page 9.2.2.7 (6) 
STATE OF MONTANA 

AfR QUALITY CON_IB.D 

IMP~P~-~N 

I~ ENVIRONMENTAL QUALITY 

(D) change: design of the emitting unit, including associated control c 

(c) increase the p tial to emit of the emitting unit. 

rncnt; or 

( 15) "Secondary cmiss1 " means emissions that would oc' . sa result of the construction or 

operation of a facili!y or emitting unit, c!liry or emining unit itself. Secondary 

emissions must be specific, \veil defined, qua 1:}~ble,_j)Zld"'frnpact the same gem:ral area as the facility or 

~m1tt1ng unn which caus:.:s the secondary erni~:>S~ondary emissions may include, but arc not limited 

to: ~ 

(a) crnis5wns from trains ming to or from the facility v, ·mming unit; 

(b) emissions fro ny off-site support facility that otherw1s ·vould not be constructed or I 

increase its emission· .. a result of the constnJ(;tion or o .. pcra:ion of the faci liry o ' nitt1ng unit. (History 

1

· 

75-2-i I L 75-? _ 4, MCA; TMP, 75-2-211, MCA; NEW, 2002 Jl..·lAR o 3567. Eff. -·'''710'2.) 

~ l 7.R.74i and ~;·: 742 reserved - - - . . _ ~'·--....-..... , .. ,j 

17.0_, ?43 l\1QNTANA _61.!3, QlJAUTX PERMI1S H-VlHEN REOliU~:t:.D 

(1) Except as provided in /\.RM 17.8.744 and 17 8.745, a pcr:;on may not construct, install. 

modify, or operate any of the fol!owing without first obtaining a Montana air quality pcnnit issued by the 

department: 

(a) a new facihty or crmning umt with the potenr1al to emit a1rbomc lead in an amount gn:atcr 

than five tons per year or a modification to an ex1stmg facility or cm1tting unit that results in an increase m 

the f:Jcilily or emitting unit's potential to l:mit airborne lead by an amount greater than 0.6 tons per year; 

(b) H~f'halt eenetete plant::3, !'l'linere! ert·nlter:i, and mineral screens that have the potential to emit 

more than 15 tons per year of any airbome pollutant, other than lead, that is regu~atcd under this chapter, 

(e) ttl'!)' ifleift.::, ater, as defi!'lecl ifl 75 2 I 03( II). MCA, eftd that is StJ~jeet to tl'le reqt~iremerHs ef 

75 2 215, MCA; 

{J) any facility or emining unit upon which construction comm<!nced, or that was installed, bcfurc 

November 23, 196R. when that facility or emining unit is mod1ticd after that date and the modiiicat:on 

mcrCU$CS the potential to emit by more than '25 tons pc.:r year of any airbomc pollutant. other than lead. that 

JS regulated under this chapter; or 

17-430 •!2/3 :/03 ADMTl'-YlSTR..<\TIVE RULES OF MO~TAN/\ 
17.8.763 ENVIRO:t\~ENTAL QUAUTY 

11,9, 763 REVOCATION OF PERMIT (I) The department may revoke a Montan 1r 

quality p it or any portion of a permit upon written request of the permittee, or for vi tion of 

any requirem of the Clean Air Act of Montana, rules adopted under that , the Federal 

Clean Air Act an es promulgated Wlder that Act (as incorporated b ference in ARM 

17 .8. 767), or any applica: e requirement contained in the Montana sta ·mplementation plan (as 

incorporated by reference in 17.8.767). . 

(2) Thedepartmentshailn · thepermittecinwri · gofitsintenttorevokeapermitor 

a portion of a permit. The department s 

department's decision to revoke a permit or a 

have elapsed after service of the notice un..l 

(3) When the department rev sa permit W1 his rule, the permittee may request a 

hearing before the board. A hea · g request must be in writ1 => • d must be filed with the board 

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

request for a hearing ones the effective date of the department's de · ion until issuance of a 

. final decision b e board. 

(4 earing under this rule is governed by the contested case provisions o 

Adm· · trative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 

A; TMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02.) 

l7 .8. 764 ADMIN!STB,.A TIVE AMENDMENT TO PERMIT ( 1) The department may 

amend a Montana air quality permit, or any portion of a 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 of a 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 pe1mit, 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 1 0; 
AIR QUALITY 17.8.765 

(c) administrative errors in the permit that do not affect substantive provisions of the 

penn it. 

(2) The department shall notify the permittee in writing of any proposed amendments to 

the permit. The department shall serve the notice as provided for in ARM 17.8.749. The pennit 

is deemed amended in accordance with the notice when 1 5 days have elapsed after service of the 

notice unless the permittee requests a hearing before the board. 

(3) When the department amends a permit under this rule, the permittee may request a 

hearing before the board. A hearing request must be in writing and must be filed with the board 

within 15 days after service of the department's notice ofinterlt to amend the permit. Filing a 

request for hearing postpones the effective date of the department's decision until issuance of a 

final decision by the board. 

( 4) A hearing under this rule is governed by the contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 75-2-1 11, 75-2-204, 

· MCA; IMP, 75-2-211, MCA; .NEW, 2002 MAR p. 3567, Eff. 1 2/27/02.) 

12"13 !102