Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.825 - SOURCES IMPACTING FEDERAL CLASS I AREAS-ADDITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department shall transmit to the
				administrator a copy of each permit application relating to a major stationary
				source or major modification and provide notice to the administrator of every
				action related to the consideration of such permit.
(2) The federal land manager and the federal
				official charged with direct responsibility for management of Class I lands
				have an affirmative responsibility to protect the air quality related values
				(including visibility) of any such lands and to consider, in consultation with
				the administrator, whether a proposed source or modification would have an
				adverse impact on such values.
(3)
				Federal land managers with direct responsibility for management of Class I
				lands may present to the department, after reviewing the department's
				preliminary determination required under ARM
				17.8.759, a demonstration that the
				emissions from the proposed source or modification would have an adverse impact
				on the air quality-related values (including visibility) of any federal
				mandatory Class I lands, notwithstanding that the change in air quality
				resulting from emissions from such source or modification would not cause or
				contribute to concentrations which would exceed the maximum allowable increases
				for a Class I area. If the department concurs with such demonstration, the
				department may not issue the permit.
(4) The owner or operator of a proposed
				source or modification may demonstrate to the federal land manager that the
				emissions from such source would have no adverse impact on the air
				quality-related values of such lands (including visibility), notwithstanding
				that the change in air quality resulting from emissions from such source or
				modification would cause or contribute to concentrations which would exceed the
				maximum allowable increases for a Class I area. If the federal land manager
				concurs with such demonstration and so certifies to the department, the
				department may, provided that applicable requirements are otherwise met, issue
				the permit with such emission limitations as may be necessary to assure that
				emissions of sulfur dioxide (SO2), particulate matter,
				and nitrogen oxides would not exceed the following maximum allowable increases
				over the minor source baseline concentration for such pollutants:
Pollutant
Maximum allowable increase
(micrograms per cubic meter)
PM-2.5
annual arithmetic
						  mean..........................................................................................
4
24-hr
						  maximum........................................................................................................
9
Particulate matter:
PM-10, annual arithmetic
						  mean...........................................................................
17
PM-10, 24-hr
						  maximum.........................................................................................
30
Sulfur dioxide
						  (SO2):
annual arithmetic
						  mean.........................................................................................
20
24-hr
						  maximum......................................................................................................
91
3-hr
						  maximum......................................................................................................
325
Nitrogen dioxide
						  (NO2):
annual arithmetic
						  mean.........................................................................................
25
(5)
				The owner or operator of a proposed source or modification which cannot be
				approved under procedures developed pursuant to (4) may seek to obtain a sulfur
				dioxide variance from the Governor.
(a) The
				owner or operator of a proposed source or modification must demonstrate to the
				Governor that the source or modification cannot be constructed by reason of any
				maximum allowable increase for sulfur dioxide for periods of 24 hours or less
				applicable to any Class I area and, in the case of federal mandatory Class I
				areas, that a variance under this clause would not adversely affect the air
				quality-related values of the area (including visibility).
(b) The Governor, after consideration of the
				federal land manager's recommendation (if any) and subject to the concurrence
				of the federal land manager, may grant, after notice and an opportunity for a
				public hearing, a variance from such maximum allowable increase.
(c) If the federal land manager does not
				concur in the Governor's recommendations, the recommendations of the Governor
				and the federal land manager shall be transferred to the President, and the
				President may approve the Governor's recommendation if the President finds that
				such variance is in the national interest.
(d) If such a variance is granted under this
				rule, the department may issue a permit to such source or modification in
				accordance with provisions developed pursuant to (6), provided that the
				applicable requirements of the plan are otherwise met.