reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.321 - KRAFT PULP MILLS

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this rule, the following definitions apply:
(a) "Continual monitoring" means sampling and
				analysis, in a continuous or times sequence, using techniques which will
				adequately reflect actual emission levels or concentrations on a continuous
				basis.
(b) "Cross recovery furnace"
				means a furnace used to recover chemicals consisting primarily of sodium and
				sulfur compounds by burning black liquor that on a quarterly basis contains
				more than seven weight percent of the total pulp solids from the neutral
				sulfite semichemical process and has a green liquor sulfidity of more than
				28%.
(c) "Kraft mill" or "mill"
				means any pulping process which uses, for cooking liquor, an alkaline sulfate
				solution containing sodium sulfide.
(d) "Noncondensables" means gases and vapors
				from the digestion and evaporation processes of a mill that are not condensed
				with the equipment used in those processes.
(e) "Parts per million" means parts of a
				contaminant per million parts of gas by volume.
(f) "Recovery furnace" means either a
				straight kraft recovery furnace or a cross recovery furnace, and includes the
				direct-contact evaporator for a direct-contact furnace.
(g) "Recovery furnace stack" means the stack
				from which the products of combustion from the recovery furnace are emitted to
				the ambient air.
(h) "Straight
				kraft recovery furnace" means a furnace used to recover chemicals consisting
				primarily of sodium and sulfur compounds by burning black liquor that on a
				quarterly basis contains seven weight percent or less of the total pulp solids
				from the neutral sulfite semichemical process or has green liquor sulfidity of
				28% or less.
(i) "Total reduced
				sulfur (TRS) " means hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl
				disulfide, and any other organic sulfides present.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.322 - SULFUR OXIDE EMISSIONS-SULFUR IN FUEL

Current through Register Vol. 13, July 5, 2024
(1)
				"Btu" means British thermal unit which is the heat required to raise the
				temperature of one pound of water through one Fahrenheit degree.
(2) Commencing July 1, 1970, no person shall
				burn liquid or solid fuels containing sulfur in excess of 2 pounds of sulfur
				per million Btu fired.
(3)
				Commencing July 1, 1971, no person shall burn liquid or solid fuels containing
				sulfur in excess of 1.5 pounds of sulfur per million Btu fired.
(4) Commencing July 1, 1972, no person shall
				burn liquid or solid fuels containing sulfur in excess of 1 pound of sulfur per
				million Btu fired.
(5) Commencing
				July 1, 1971, no person shall 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. The provisions of (5) shall not apply
				to:
(a) The burning of sulfur, hydrogen
				sulfide, acid sludge or other sulfur compounds in the manufacturing of sulfur
				or sulfur compounds.
(b) The
				incinerating of waste gases provided that the gross heating value of such gases
				is less than 300 Btus per cubic foot at standard conditions and the fuel used
				to incinerate such waste gases does not contain sulfur or sulfur compounds in
				excess of the amount specified in this rule.
(c) The use of fuels where the gaseous
				products of combustion are used as raw materials for other processes.
(d) Small refineries (under 10,000 barrels
				per day crude oil charge) provided that they meet other provisions of this
				rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.323 - SULFUR OXIDE EMISSIONS-PRIMARY COPPER SMELTERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.324 - HYDROCARBON EMISSIONS-PETROLEUM PRODUCTS

Current through Register Vol. 13, July 5, 2024
(1)
				No person shall place, store or hold in any stationary tank, reservoir or other
				container of more than 65,000 gallons 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 pressures
				sufficient at all times to prevent hydrocarbon vapor or gas loss to the
				atmosphere, or is designed and equipped with one of the following vapor loss
				control devices, properly installed, in good working order and in operation:
(a) A floating roof, consisting of a pontoon
				type or double deck type roof, resting on the surface of the liquid contents
				and equipped with a closure seal, or seals to close space between the roof edge
				and tank wall. The control equipment provided for in this subsection shall not
				be used if the gasoline or petroleum distillate has a vapor pressure of 13.0
				pounds per square inch absolute or greater under actual storage conditions. All
				tank gauging and sampling devices shall be gas-tight except when gauging or
				sampling is taking place.
(b) A
				vapor recovery system, consisting of a vapor gathering system capable of
				collecting the hydrocarbon vapors and gases discharged and a vapor disposal
				system capable of processing such hydrocarbon vapors and gases so as to prevent
				their emission to the atmosphere and with all tank gauging and sampling devices
				gas-tight except when gauging or sampling is taking place.
(c) Other equipment of equal efficiency
				provided such equipment has been approved by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.325 - MOTOR VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) No person shall
				intentionally remove, alter or otherwise render inoperative, exhaust emission
				control, crank case ventilation or any other air pollution control device which
				has been installed as a requirement of federal law or regulation.
(2) No person shall operate a motor vehicle
				originally equipped with air pollution control devices as required by federal
				law or regulation unless such devices are in place and in operating
				condition.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.326 - PROHIBITED MATERIALS FOR WOOD OR COAL RESIDENTIAL STOVES

Current through Register Vol. 13, July 5, 2024
(1) No person may cause or authorize the use
				of the following materials to be combusted in any residential solid-fuel
				combustion device such as a wood, coal, or pellet stove or fireplace:
(a) food wastes;
(b) Styrofoam and other plastics;
(c) wastes generating noxious
				odors;
(d) poultry
				litter;
(e) animal
				droppings;
(f) dead animals or dead
				animal parts;
(g) tires;
(h) asphalt shingles;
(i) tar paper;
(j) insulated wire;
(k) treated lumber and timbers including
				railroad ties;
(l) pathogenic
				wastes;
(m) colored newspaper or
				magazine print;
(n) hazardous
				wastes as defined by administrative rules found at ARM Title 17, chapter 54,
				subchapter 3; or
(o)
				chemicals.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.330 - EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS-DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this rule, the following definitions
				  apply:
(1) "Aluminum manufacturing"
				means the electrolytic reduction of alumina (aluminum oxide) to
				aluminum.
(2) "Emission" means a
				release into the outdoor atmosphere of total fluorides.
(3) "Existing primary aluminum reduction
				plant" means any facility manufacturing aluminum, by electrolytic reduction,
				which was in existence and operating on February 26, 1982.
(4) "Owner or operator" means any person who
				owns, leases, operates, controls, or supervises an existing primary aluminum
				reduction plant.
(5) "Pot" means a
				reduction cell.
(6) "Potroom" means
				a building unit which houses a group of electrolytic cells in which aluminum is
				produced.
(7) "Potroom group" means
				an uncontrolled potroom, a potroom which is controlled individually as a group
				of potrooms or potroom segments ducted to a common control system.
(8) "Total fluorides" means all fluoride
				compounds as measured by methods approved by the department.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.331 - EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS-STANDARDS FOR FLUORIDE

Current through Register Vol. 13, July 5, 2024
(1) No owner or operator subject to the
				provisions of this rule may cause the emission into the atmosphere from any
				existing primary aluminum reduction plant of any gasses which contain total
				fluorides in excess of 1.3 kg/Mg (2.6 lb/ton) of aluminum produced at Soderberg
				plants averaged over any calendar month.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.332 - EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS-STANDARD FOR VISIBLE EMISSIONS

Current through Register Vol. 13, July 5, 2024
(1) No owner or
				operator subject to this rule may cause the emission into the atmosphere from
				any potroom group of any gasses or particles which exhibit 10% opacity or
				greater, as determined by EPA Reference Method 9 in Appendix A of 40 CFR Part
				60, incorporated by reference in ARM
				17.8.302.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.333 - EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS - MONITORING AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of this rule the department adopts and incorporates by reference
				40 CFR
				60.195 update which sets forth test methods
				and procedures for primary aluminum reduction plants. A copy of this
				incorporated material may be obtained from the Department of Environmental
				Quality, P.O. Box 200901, Helena, MT 59620-0901.
(2) An owner or operator shall submit by May
				1, 1982 to the department a detailed monitoring program including, but not
				limited to, a description of monitoring equipment, monitoring procedures,
				monitoring frequency, and any other information requested by the department.
				The monitoring program must be approved by the department and may be revised
				from time to time by the department.
(3) In order to be approved by the
				department, the monitoring plan must meet the requirements of
				40 CFR
				60.195 or equivalent requirements established
				by the department.
(4) An owner or
				operator of an existing primary aluminum reduction plant shall submit a
				quarterly emission report to the department, no later than 45 days following
				the end of the calendar quarter reported, in a format and reporting parameters
				as requested by the department.
AUTH:
					 75-2-112,
					 75-2-203, MCA; IMP:
					 75-2-203,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.334

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-2-111,
					 75-2-203, MCA; IMP:
					 75-2-203,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.340 - STANDARD OF PERFORMANCE FOR NEW STATIONARY SOURCES AND EMISSION GUIDELINES FOR EXISTING SOURCES

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of this rule, the following definitions apply:
(a) "Administrator", as used in 40 CFR Part
				60, means the department, except in the case of those duties which cannot be
				delegated to the state by the U.S. Environmental Protection Agency, in which
				case "administrator" means the administrator of the U.S. Environmental
				Protection Agency.
(b) "Stationary
				source" means any building, structure, facility, or installation which emits or
				may emit any air pollutant subject to regulation under the FCAA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.341 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Current through Register Vol. 13, July 5, 2024
(1) For the purpose of this rule, the terms
				and associated definitions specified in
				40 CFR
				61.02, shall apply, except that:
(a) "Administrator", as used in 40 CFR Part
				61, means the department, except in the case of those duties which cannot be
				delegated to the state by the U.S. Environmental Protection Agency, in which
				case "administrator" means the administrator of the U.S. Environmental
				Protection Agency.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.342 - EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of any affected
				source, as defined and applied in 40 CFR Part 63, shall comply with the
				requirements of 40 CFR Part 63, incorporated by reference in ARM
				17.8.302. All references in 40 CFR
				Part 63, Subpart B to "permitting authority" refer to the Montana Department of
				Environmental Quality ("department").
(2) Any owner or operator who constructs a
				major source of HAP is required to obtain from the department a notice of MACT
				approval or a 112(g) exemption pursuant to this rule, prior to beginning actual
				construction, unless:
(a) the major source
				has been specifically regulated or exempted from regulation under a standard
				issued pursuant to 42 USC
				7412 (d), (h), or (j) and incorporated into
				40 CFR Part 63;
(b) the owner or
				operator of the major source has already received all necessary air quality
				permits for such construction, as of July 23, 1999; or
(c) the major source has been excluded from
				the requirements of 42 USC
				7412 (g) under
				40 CFR
				63.40 (c), (e) or (f).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.4 - Stack Heights and Dispersion Techniques › Rule 17.8.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) The following apply to the definition of
				the term "dispersion technique":
(a)
				"Dispersion technique" means any technique which attempts to affect the
				concentration of a pollutant in the ambient air by:
(i) using that portion of a stack which
				exceeds good engineering practice stack height;
(ii) varying the emission of a pollutant
				according to atmospheric conditions or ambient concentrations of that
				pollutant; or
(iii) increasing
				final exhaust gas plume rise by manipulating source process parameters, stack
				parameters, or combining exhaust gases from several existing stacks into one
				stack; or other selective handling of exhaust gas streams so as to increase the
				exhaust gas plume rise.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.4 - Stack Heights and Dispersion Techniques › Rule 17.8.402 - REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The degree of emission limitation
				required of any source or stack for control of any air pollutant regulated
				under the Clean Air Act of Montana may not be affected by so much of any
				source's stack height that exceeds good engineering practice or by any other
				dispersion technique, except as provided in ARM
				17.8.403.
(2) Before a new or revised state
				implementation plan emission limitation that is based on good engineering
				practice stack height that exceeds the height allowed by ARM
				17.8.401(2)(b)(i) or
				(ii) is submitted to the Environmental
				Protection Agency, the department must provide notice and opportunity for
				public hearing of the availability of any demonstration study as provided by
				ARM 17.8.401(2)(c).
				Such notice and public hearing will be conducted in accordance with the Montana
				Administrative Procedure Act.
(3)
				This rule does not require a source owner or operator to restrict, in any
				manner, the actual stack height of any source.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.4 - Stack Heights and Dispersion Techniques › Rule 17.8.403 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The requirements of ARM
				17.8.402 do not apply to stack
				heights in existence or dispersion techniques implemented on or before December
				31, 1970, except when pollutants are being emitted from such stacks or using
				such dispersion techniques by stationary sources (as defined by ARM
				17.8.801(28) )
				that were constructed or reconstructed or for which major modifications (as
				defined in ARM
				17.8.801(20) )
				were carried out after December 31, 1970.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Facility"
				means any real or personal property that is either stationary or portable and
				is located on one or more contiguous or adjacent properties under the control
				of the same owner or operator and that emits or has the potential to emit any
				air pollutant subject to regulation under the Clean Air Act of Montana or the
				Federal Clean Air Act, including associated control equipment that affects or
				would affect the nature, character, composition, amount, or environmental
				impacts of air pollution and that has the same two-digit standard industrial
				classification code. A facility may consist of one or more emitting
				units.
(2) "Major modification" has
				the same meaning as in ARM
				17.8.801.
(3) "Modified facility" means a facility for
				which an application to modify, as defined in ARM
				17.8.740, is submitted to the
				department.
(4) "New source
				facility" means a facility for which the department has not previously issued a
				Montana air quality permit.
(5)
				"New major stationary source" means a major stationary source, as defined in
				ARM 17.8.801, for which the department has not previously issued a Montana air
				quality permit.
(6) "Portable
				facility" means an emitting source designated by the department in its database
				with the county code number "777," based on ability to move the source to other
				locations.
(7) "Registered oil and
				gas well facility" means any registration eligible oil or gas well facility
				that has been registered for operation under the requirements in ARM Title 17,
				chapter 8, subchapter 17.
75-2-111, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.504 - AIR QUALITY PERMIT APPLICATION FEES

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant submitting a Montana air quality permit application required in ARM
				Title 17, chapter 8, subchapters 7, 8, 9, or 10, shall submit the appropriate
				application fee as follows:
(a) for a
				facility subject to ARM Title 17, chapter 8, subchapters 7 and 8, 9, or 10:
(i) for a new major stationary source -
				$15,000;
(ii) for a major
				modification - $3,500;
(iii) for a
				modification other than a major modification - $500;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.505 - AIR QUALITY OPERATION FEES

Current through Register Vol. 13, July 5, 2024
(1) An annual
				air quality operation fee must be submitted to the department by the owner or
				operator of each facility:
(a) for which a
				Montana air quality permit has been issued by the department and remains in
				effect;
(b) for which an air
				quality operating permit has been issued by the department and remains in
				effect; and
(c) registered with
				the department in accordance with ARM
				17.8.1701
				through
				17.8.1705.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.506 - CREDIT AGAINST AIR PERMITTING FEES FOR CERTAIN USES OF POSTCONSUMER GLASS

Current through Register Vol. 13, July 5, 2024
(1) Sections
				75-2-224 through
				75-2-227, MCA, provide a credit
				against the fees imposed under this subchapter for using postconsumer glass in
				recycled material.
(2) For the
				purposes of this rule, "postconsumer glass" and "recycled material" mean the
				same as defined in
				75-2-224, MCA.
75-2-227, MCA; IMP,
					 75-2-211,
					 75-2-224,
					 75-2-225,
					 75-2-226,
					 75-2-227,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.510 - ANNUAL REVIEW

Current through Register Vol. 13, July 5, 2024
(1) No later than
				September 30 of each year, the department shall report to the board regarding
				the air quality permit fees which are anticipated for the next calendar year.
				This report shall include a description of the legislative appropriation to be
				recovered, the status of the specific appropriation account as of the end of
				the previous fiscal year, the emissions upon which such fees will be based, the
				fee structure to be implemented, and the status of any anticipated rulemaking
				activity necessary to adopt the new fees.
75-2-111, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.511 - AIR QUALITY PERMIT APPLICATION/OPERATION FEE ASSESSMENT APPEAL PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The department's fee assessment may be
				appealed by the owner or operator of the facility to the Board of Environmental
				Review within 20 days of:
(a) receipt of the
				fee assessment notice; or
(b)
				issuance of a determination of incompleteness of a permit application based on
				the lack of the proper permit application fee.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.5 - Air Quality Permit Application, Operation, and Open Burning Fees › Rule 17.8.514 - AIR QUALITY OPEN BURNING FEES

Current through Register Vol. 13, July 5, 2024
(1) Concurrent with
				submittal of an air quality major open burning permit application, as required
				in ARM 17.8.610, the applicant shall
				submit an air quality major open burning permit application fee.
(2) Air quality major open burning fees are
				separate and distinct from any air quality operation fee required to be
				submitted to the department pursuant to ARM
				17.8.505 or Montana air quality
				permit application fee required to be submitted to the department pursuant to
				ARM 17.8.504.
(3) An air quality major open burning permit
				application is incomplete until the proper air quality major open burning fee
				is paid to the department. If the department determines that the fee submitted
				with the application is insufficient, it shall notify the applicant in writing
				of the appropriate fee which must be paid before the major open burning permit
				application can be processed. If the fee assessment is appealed to the board
				pursuant to ARM
				17.8.511, and if the fee
				deficiency is not corrected by the applicant, the major open burning permit
				application is incomplete until issuance of the board's decision or until any
				judicial review of the board's decision has been completed, whichever is later.
				Upon final disposition of an appeal, any portion of the fee due to either the
				department or the applicant as a result of the decision is due within 30 days
				after issuance of the board's decision or within 30 days after issuance of the
				final decision in any judicial review of the board's decision.
(4) The air quality major open burning permit
				application fee shall be based on the actual, or estimated actual, amount of
				air pollutants emitted by the applicant in the last calendar year during which
				the applicant conducted open burning pursuant to an air quality major open
				burning permit required under ARM 17.8.610.
(5) The air quality major open burning permit
				application fee is the greater of the following, as adjusted by any amount
				determined pursuant to (6):
(a) a fee
				calculated using the following formula:
tons of total particulate emitted in the previous
appropriate calendar year,
multiplied by $20.60; plus
tons of oxides of nitrogen emitted in the previous
appropriate calendar year,
multiplied by $5.15; plus
tons of volatile organic compounds emitted in the
previous appropriate calendar year,
multiplied by $5.15; or
(b) a minimum fee of $350.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Best available control technology"
				(BACT) means those techniques and methods of controlling emission of pollutants
				from an existing or proposed open burning source which limit those emissions to
				the maximum degree which the department determines, on a case-by-case basis, is
				achievable for that source, taking into account impacts on energy use, the
				environment, and the economy, and any other costs, including cost to the
				source.
(a) Such techniques and methods may
				include the following:
(i) scheduling of
				burning during periods and seasons of good ventilation;
(ii) applying dispersion forecasts;
(iii) utilizing predictive modeling results
				performed by and available from the department to minimize smoke
				impacts;
(iv) limiting the amount
				of burning to be performed during any one time;
(v) using ignition and burning techniques
				which minimize smoke production;
(vi) selecting fuel preparation methods that
				will minimize dirt and moisture content;
(vii) promoting fuel configurations which
				create an adequate air to fuel ratio;
(viii) prioritizing burns as to air quality
				impact and assigning control techniques accordingly;
(ix) promoting alternative treatments and
				uses of materials to be burned; and
(x) selecting sites that will minimize smoke
				impacts.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.602 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this subchapter, the department adopts and incorporates by
				reference ARM Title 17, chapter 53, subchapter 5, identifying and defining
				hazardous wastes.
(2) A copy of ARM
				Title 17, chapter 53, subchapter 5, may be obtained as referenced in ARM
				17.8.102(3).
AUTH:
					 75-2-112,
					 75-2-203, MCA; IMP:
					 75-2-203,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.604 - MATERIALS PROHIBITED FROM OPEN BURNING

Current through Register Vol. 13, July 5, 2024
(1)
				The following material may not be disposed of by open burning:
(a) any waste which is moved from the
				premises where it was generated, except as provided in ARM
				17.8.604(2),
				17.8.611, or
				17.8.612(4)(a) or
				(4)(b);
(b) food wastes;
(c) Styrofoam and other plastics;
(d) wastes generating noxious
				odors;
(e) wood and wood byproducts
				that have been coated, painted, stained, treated, or contaminated by a foreign
				material, unless open burning is allowed under ARM
				17.8.614 or
				17.8.615;
(f) poultry litter;
(g) animal droppings;
(h) dead animals or dead animal
				parts;
(i) tires, except as
				provided in ARM 17.8.615;
(j)
				rubber materials;
(k) asphalt
				shingles, except as provided in ARM
				17.8.614 or 17.8.615;
(l) tar paper, except as provided in ARM
				17.8.614 or 17.8.615;
(m) automobile or aircraft bodies and
				interiors, except as provided in ARM
				17.8.614 or 17.8.615;
(n) insulated wire, except as provided in ARM
				17.8.614 or 17.8.615;
(o) oil or petroleum products, except as
				provided in ARM
				17.8.614 or 17.8.615;
(p) treated lumber and timbers;
(q) pathogenic wastes;
(r) hazardous wastes, as defined by 40 CFR
				Part 261, incorporated by reference in ARM
				17.8.602;
(s) trade wastes, except as provided in ARM
				17.8.611 or 17.8.612;
(t) any materials resulting from a salvage
				operation;
(u) chemicals, except as
				provided in ARM
				17.8.614 or 17.8.615;
(v) Christmas tree waste as defined in ARM
				17.8.601, except as provided in
				ARM 17.8.613;
(w) asbestos or asbestos-containing
				materials;
(x) standing or
				demolished structures containing prohibited material, except as provided in ARM
				17.8.612, 17.8.614, or 17.8.615 ; and
(y) paint, except as provided in ARM
				17.8.614 or 17.8.615.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.605 - SPECIAL BURNING PERIODS

Current through Register Vol. 13, July 5, 2024
(1) The following
				categories of open burning may be conducted during the entire year:
(a) prescribed wildland open
				burning;
(b) open burning to train
				firefighters under ARM
				17.8.615;
(c) open burning authorized under the
				emergency open burning permit provisions in ARM
				17.8.611;
(d) essential agricultural open
				burning;
(e) conditional air
				quality open burning;
(f)
				commercial film production open burning;
(g) Christmas tree waste open burning;
				and
(h) any minor open burning that
				is not prohibited by ARM
				17.8.604 or that is allowed by ARM
				17.8.606.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.606 - MINOR OPEN BURNING SOURCE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Unless required to obtain an open burning permit under another provision of
				this subchapter, a minor open burning source need not obtain an air quality
				open burning permit.
(2) A minor
				open burning source must:
(a) conform with
				BACT;
(b) comply with all rules in
				this subchapter, except ARM
				17.8.610; and
(c) comply with any requirements or
				regulations relating to open burning established by any agency of local
				government, including local air pollution agencies established under
				75-2-301, MCA, of the Montana
				Clean Air Act, or any other municipal or county agency responsible for
				protecting public health and welfare.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.610 - MAJOR OPEN BURNING SOURCE RESTRICTION

Current through Register Vol. 13, July 5, 2024
(1) Prior to open
				burning, a major open burning source must submit an application to the
				department for an air quality major open burning permit. The application must
				be accompanied by the appropriate air quality permit application fee required
				under ARM 17.8.514 and must contain the
				following information:
(a) a legal
				description of each planned site of open burning or a detailed map showing the
				location of each planned site of open burning;
(b) the elevation of each planned site of
				open burning;
(c) the method of
				burning to be used at each planned site of open burning; and
(d) the average fuel loading or total fuel
				loading at each site to be burned.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.611 - EMERGENCY OPEN BURNING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The
				department may issue an emergency air quality open burning permit to allow
				burning of a substance not otherwise approved for burning under this subchapter
				if the applicant demonstrates that the substance to be burned poses an
				immediate threat to public health and safety, or plant or animal life, and that
				no alternative method of disposal is reasonably available.
(2) Oral authorization to conduct emergency
				open burning may be granted by the department upon receiving the following
				information:
(a) facts establishing that
				alternative methods of disposing of the substance are not reasonably
				available;
(b) facts establishing
				that the substance to be burned poses an immediate threat to human health and
				safety or plant or animal life;
(c)
				the legal description or address of the site where the burn will
				occur;
(d) the amount of material
				to be burned;
(e) the date and time
				of the proposed burn;
(f) the date
				and time that the spill or incident giving rise to the emergency was first
				noticed; and
(g) a commitment to
				pay the appropriate air quality permit application fee required under ARM
				17.8.515 within ten working days
				of permit issuance.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.612 - CONDITIONAL AIR QUALITY OPEN BURNING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue a conditional air quality open burning permit if the department
				determines that:
(a) alternative methods of
				disposal would result in extreme economic hardship to the applicant;
				and
(b) emissions from open burning
				will not endanger public health or welfare or cause or contribute to a
				violation of any Montana or federal ambient air quality standard.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.613 - CHRISTMAS TREE WASTE OPEN BURNING PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue an air quality open burning permit for disposal of Christmas tree
				waste, as defined in ARM
				17.8.601(2).
(2) The department may issue an
				air quality Christmas tree waste open burning permit if the department
				determines that emissions from open burning will not endanger public health or
				welfare or cause or contribute to a violation of any Montana or federal ambient
				air quality standard.
(3)
				Christmas tree waste open burning must conform with BACT.
(4) A permit issued under this rule is valid
				for one year, and applicants may reapply for a permit annually.
(5) The department may place any reasonable
				requirements in an air quality Christmas tree waste open burning permit that
				the department determines will reduce emissions of air pollutants or minimize
				the impact of emissions, and the recipient of a permit must adhere to those
				conditions. The following conditions, at a minimum, must be included in any air
				quality Christmas tree waste open burning permit:
(a) BACT for the year covered by the permit;
				and
(b) a provision that the
				source may be required, prior to each burn, to receive approval from the
				department of the date and time of the proposed burn to ensure that good
				ventilation exists and to assign burn priorities, if necessary. Approval may be
				requested by calling the department at (800) 225-6779.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.6 - Open Burning › Rule 17.8.615 - FIREFIGHTER TRAINING

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue an air quality open burning permit for open burning of asphalt
				shingles, tar paper, or insulated wire which is part of a building or standing
				structure, oil or petroleum products, and automobile or aircraft bodies and
				interiors, for training firefighters, if:
(a)
				the fire will be restricted to a building or structure, a permanent training
				facility, or other appropriate training site, in a site other than a solid
				waste disposal site;
(b) the
				material to be burned will not be allowed to smolder after the training session
				has terminated, and no public nuisance will be created;
(c) all asbestos-containing material has been
				removed;
(d) asphalt shingles,
				flooring material, siding, and insulation which might contain asbestos have
				been removed, unless samples have been analyzed by a certified laboratory and
				shown to be asbestos-free;
(e) all
				prohibited material that can be removed safely and reasonably has been removed;
(f) the open burning accomplishes
				a legitimate training need;
(g)
				clear educational objectives have been identified for the training;
(h) burning is limited to that necessary to
				accomplish the educational objectives;
(i) the training operations and procedures
				are consistent with nationally accepted standards of good practice; and
(j) emissions from open burning
				will not endanger public health or welfare or cause or contribute to a
				violation of any Montana or federal ambient air quality standard.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.701 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 75-2-215,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.702 - INCORPORATION BY REFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-211,
					 75-2-215,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.704 - GENERAL PROCEDURES FOR AIR QUALITY PRECONSTRUCTION PERMITTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.705 - WHEN PERMIT REQUIRED-EXCLUSIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.706 - NEW OR ALTERED SOURCES AND STACKS-PERMIT APPLICATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 75-2-215,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.707 - WAIVERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.708 - NOTIFICATION OF EMISSIONS INCREASE (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.710 - CONDITIONS FOR ISSUANCE OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.715 - EMISSION CONTROL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.716 - INSPECTION OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.717 - COMPLIANCE WITH OTHER STATUTES AND RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.720 - PUBLIC REVIEW OF PERMIT APPLICATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204,
					 75-20-216, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 75-20-216,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.730 - DENIAL OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.731 - DURATION OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.732 - REVOCATION OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.733 - MODIFICATION OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.734 - TRANSFER OF PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.740 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter:
(1) "Alternative mercury emission limit"
				means a mercury emission limit for a mercury-emitting generating unit,
				established by the department in a permit issued or modified pursuant to
				75-2-211, MCA, in lieu of
				compliance with ARM
				17.8.771(1)(a).
(2) "Best available control technology
				(BACT)" means an emission limitation (including a visible emission standard),
				based on the maximum degree of reduction for each pollutant subject to
				regulation under 42 U.S.C.
				7410, et seq. or
				75-2-101, et seq., MCA, that would
				be emitted from any proposed emitting unit or modification which the
				department, on a case-by-case basis, taking into account energy, environmental,
				and economic impacts and other costs, determines is achievable for such
				emitting unit or modification through application of production processes or
				available methods, systems, and techniques, including fuel cleaning or
				treatment or innovative fuel combustion techniques for control of such
				contaminant. In no event may application of BACT result in emission of any
				regulated air pollutant that would exceed the emissions allowed by any
				applicable standard under ARM Title 17, chapter 8, subchapter 3, and this
				subchapter. If the department determines that technological or economic
				limitations on the application of measurement methodology to a particular class
				of emitting units would make the imposition of an emission standard infeasible,
				it may instead prescribe a design, equipment, work practice, or operational
				standard or combination thereof, to require the application of BACT. Such
				standard must, to the degree possible, set forth the emission reduction
				achievable by implementation of such design, equipment, work practice, or
				operation and must provide for compliance by means that achieve equivalent
				results.
(3) "Commercial operation"
				means the time when the owner or operator supplies electricity for
				sale.
(4) "Construct" or
				"construction" includes a reasonable period of time for startup and shakedown
				and means:
(a) initiation of on-site
				fabrication, erection, or installation of an emitting unit or control equipment
				including, but not limited to:
(i)
				installation of building supports or foundations;
(ii) laying of underground pipework;
				or
(iii) construction of storage
				structures; or