reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1224 - ADDITIONAL REQUIREMENTS FOR OPERATIONAL FLEXIBILITY AND AIR QUALITY OPERATING PERMIT CHANGES THAT DO NOT REQUIRE REVISIONS

Current through Register Vol. 13, July 5, 2024
(1) A source holding an air quality operating
				permit is authorized to make changes within a permitted facility as described
				in (3) and (4), providing the following conditions are met:
(a) the proposed changes do not require the
				source or stack to obtain a Montana air quality permit under subchapter 7 of
				this chapter;
(b) the proposed
				changes are not modifications under Title I of the FCAA, or as defined in
				subchapters 8, 9 or 10 of this chapter;
(c) the emissions resulting from the proposed
				changes do not exceed the emissions allowable under the 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
				emissions units covered by the permit;
(e) the facility provides the administrator
				and the department with written notification at least seven days prior to
				making the proposed changes.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1225 - ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT AMENDMENTS

Current through Register Vol. 13, July 5, 2024
(1) An administrative permit amendment may be
				made by the department to an air quality operating permit, consistent with the
				following:
(a) The department shall take no
				more than 60 days from receipt of a request for an administrative permit
				amendment to take final action on such request, and may incorporate such
				changes into the permit without providing notice to the public or affected
				states, provided that it designates any such permit revisions as having been
				made pursuant to this rule.
(b) The
				department shall submit a copy of the revised permit to the
				administrator.
(c) The source may
				implement the changes addressed in the request for an administrative amendment
				immediately upon submittal of the request.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1226 - ADDITIONAL REQUIREMENTS FOR MINOR AIR QUALITY OPERATING PERMIT MODIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Minor air
				quality operating permit modification procedures may be used only for those
				permit modifications that:
(a) do not violate
				any applicable requirement;
(b) do
				not involve significant changes to existing monitoring, reporting, or
				recordkeeping requirements or other permit terms that are necessary to enforce
				applicable emission limitations on emissions units covered by the
				permit;
(c) do not require or
				change a case-by-case determination of an emission limitation or other
				standard, a source-specific determination of ambient impacts for temporary
				sources, or a visibility or increment analysis;
(d) are not modifications under any provision
				of Title I of the FCAA;
(e) do not
				require a Montana air quality permit;
(f) are not required by the department to be
				processed as a significant modification; and
(g) do not seek to establish or change a
				permit term for which there is no corresponding underlying applicable
				requirement and that the source has assumed to avoid an applicable requirement
				to which the source would otherwise be subject. Such terms include a federally
				enforceable emissions cap assumed to avoid classification as a modification
				under Title I of the FCAA, and an alternative emissions limit approved pursuant
				to regulations promulgated under section 112(i) (5) of the FCAA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1227 - ADDITIONAL REQUIREMENTS FOR SIGNIFICANT AIR QUALITY OPERATING PERMIT MODIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				modification procedures set forth in (3), must be used for any application
				requesting a significant modification of an air quality operating 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 which limits 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.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1228 - ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT REVOCATION, REOPENING, AND REVISION FOR CAUSE

Current through Register Vol. 13, July 5, 2024
(1) An air
				quality operating permit may be reopened and revised only under the following
				circumstances:
(a) Additional applicable
				requirements under the FCAA become applicable to a major source holding a
				permit with a remaining term of three 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 this subsection 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 and conditions have been extended pursuant to ARM
				17.8.1220(12) or
				17.8.1221(2).
(b) Additional requirements (including excess
				emissions requirements) become applicable to an affected source under the acid
				rain program. Upon approval by the administrator, excess emissions offset plans
				shall be deemed to be incorporated into the permit.
(c) The department or the administrator
				determines that the permit contains a material mistake or that inaccurate
				statements were made in establishing the emissions standards or other terms or
				conditions of the permit.
(d) The
				administrator or the department determines that the permit must be revised or
				revoked and reissued to assure compliance with the applicable
				requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1231 - NOTICE OF TERMINATION, MODIFICATION, OR REVOCATION AND REISSUANCE BY THE ADMINISTRATOR FOR CAUSE

Current through Register Vol. 13, July 5, 2024
(1) If the
				administrator notifies the department and the permittee in writing that cause
				exists to terminate, modify, or revoke and reissue an air quality operating
				permit pursuant to the circumstances contained in ARM
				17.8.1228(1), the
				department shall, within 90 days after receipt of notification, forward to the
				administrator a proposed determination of termination, modification, or
				revocation and reissuance, as appropriate. The department may apply to the
				administrator for an extension of up to an additional 90 days if a new or
				revised permit application is necessary or the department must require the
				permittee to submit additional information.
(2) If the administrator objects in writing
				to the department's proposed determination pursuant to (1), the department
				shall have 90 days from receipt of the objection to resolve the issues raised
				by the administrator, and to terminate, modify, or revoke and reissue the
				permit in accordance with the administrator's objection.
75-2-217, MCA; IMP,
					 75-2-217,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1232 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) Except for
				permit changes not requiring revisions under ARM
				17.8.1224, administrative permit
				amendments under ARM
				17.8.1225, department review of
				activities to be conducted pursuant to general permits under ARM
				17.8.1222, and minor permit
				modifications where the department has not made a determination that public
				notice is required under ARM
				17.8.1226(12),
				all air quality operating permit proceedings, including initial permit
				issuance, minor permit modifications where the department has made a
				determination that public notice is required under ARM
				17.8.1226(12),
				significant permit modifications, and renewals, shall provide adequate
				procedures for public notice, including an opportunity for both public comment
				and a hearing on the draft permit. These procedures shall include the
				following:
(a) The department shall give
				public notice by publication in a newspaper of general circulation in the area
				where the source is located, to persons on a mailing list developed by the
				department including those who request in writing to be on the list, and by
				other means if necessary to assure adequate notice to the affected
				public.
(b) The notice required
				under (1)(a), shall identify the following:
(i) the affected facility;
(ii) the name and address of the
				permittee;
(iii) the name and
				address of the department;
(iv) the
				activity or activities involved in the permit action;
(v) the emissions change involved in any
				permit modification;
(vi) the name,
				address, and telephone number of a person from whom interested persons may
				obtain additional information, including copies of the draft permit, the
				application, all relevant supporting materials, including those set forth in
				compliance plans, compliance certification reports and monitoring reports, and
				all other materials available to the department that are relevant to the permit
				decision, with the exception of information that has been declared
				confidential;
(vii) a brief
				description of the comment and appeal procedures required by this chapter;
				and
(viii) the time and place of
				any hearing that may be held, including a statement of procedures to request a
				hearing (unless a hearing has already been scheduled).
(c) The department shall provide such notice
				and opportunity for participation by affected states as provided in ARM
				17.8.1233.
(d) The department shall provide at least 30
				days for public comment and shall give notice of any public hearing at least 30
				days in advance of the hearing.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1234 - ACID RAIN-PERMITS REGULATION

Current through Register Vol. 13, July 5, 2024
(1) For
				the purpose of this rule, the following definitions apply:
(a) "Permitting authority," as used in 40 CFR
				Part 72, means the Montana Department of Environmental Quality.
(b) The terms and associated definitions
				specified in 40 CFR Part 72 shall apply to this rule, except as specified in
				(1)(a).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of this subchapter,
				terms have the meaning as defined in
				40 CFR
				93.101, except that the definition of
				"regionally significant project" is modified below.
(2) For the purposes of this subchapter and
				40 CFR Part 93, subpart A, as adopted by reference in this subchapter, the
				following additional definitions apply:
(a)
				"Adoption or approval of a regionally significant project" means, for the
				purposes of 40 CFR
				93.121, the first time action necessary to
				authorize a project occurs, such as the issuance of administrative permits for
				the facility or for construction of the facility, the execution of a contract
				to construct the facility, any final action of a board, commission or
				administrator authorizing or directing employees to proceed with construction
				of the project, or any written decision or authorization from the metropolitan
				planning organization or the local agency that the project may be adopted or
				approved.
(b) "Consulted agency"
				means a federal, state, or local agency or MPO required to be consulted
				pursuant to this subchapter.
(c)
				"MPO" means a metropolitan planning organization created pursuant to 23 CFR
				Part 450, subpart C (Metropolitan Transportation Planning and Programming) for
				the purpose of carrying out transportation planning in urban areas. This
				includes the MPOs in Billings, Great Falls, and Missoula, any successors to
				these MPOs, and any MPO that is subsequently created for any area.
(d) "Regionally significant project" means a
				transportation project (other than an exempt project) that is on a facility
				that serves regional transportation needs (such as access to and from the area
				outside of the region, major activity centers in the region, major planned
				developments such as new retail malls, sports complexes, etc., or
				transportation terminals as well as most terminals themselves) and would
				normally be included in the modeling of a rural nonattainment area or
				metropolitan area's transportation network, including at a minimum all
				principal arterial highways and all fixed guideway transit facilities that will
				offer an alternative to regional highway travel.
(e) "Responsible entity" means a federal,
				state, or local government agency having primary responsibility for planning or
				approving an action for which consultation is required under 40 CFR Part 93,
				subpart A or this subchapter.
(f)
				"State air quality agency" means the Montana Department of Environmental
				Quality ("department" or "DEQ") or its successor agency.
(g) "State Department of Transportation"
				means the Montana Department of Transportation ("MDT") provided for in
				2-15-2501, MCA, or its successor
				agency.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1302 - 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 40 CFR Part 93, subpart A, which sets forth the conformity to state
				or federal implementation plans of transportation plans, programs, and projects
				developed, funded, or approved under Title 23 USC or the Federal Transit
				Act.
(2) Copies of materials
				incorporated by reference in this subchapter may be obtained as referenced in
				ARM 17.8.102(3) and
				(4).
AUTH:
					 75-2-112, MCA; IMP:
					 75-2-202,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1304 - DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS TO STATE OR FEDERAL IMPLEMENTATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) Any
				entity responsible for preparing any transportation plan, program, or project
				developed, funded, or approved under Title 23 USC or the Federal Transit Act
				shall comply with 40 CFR Part 93, subpart A and this subchapter.
(2) Any entity responsible for developing
				transportation related air quality emission inventories or implementation plans
				shall comply with 40 CFR Part 93, subpart A and this subchapter.
75-2-111, MCA; IMP,
					 75-2-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1306 - CONSULTATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Responsible
				entities shall conduct consultations in accordance with the specific procedures
				set out in Tables A through E of ARM
				17.8.1305. In conducting
				consultations, responsible entities shall comply with the following general
				requirements:
(a) The responsible entity
				shall allow reasonable time for consultation. Because the time available to
				accomplish many of the actions required under this subchapter will be limited,
				consulted agencies shall make a reasonable effort to develop response
				procedures that will allow them to respond quickly. In its request for
				consultation, the responsible entity shall specify the date by which a response
				is needed. If a consulted agency is unable to respond by the date specified, it
				shall contact the responsible entity to arrange a mutually acceptable
				date.
(b) The responsible entity
				shall provide sufficient information to provide a basis for meaningful
				consultation. If the supporting materials for a particular action are too
				voluminous for reasonable circulation, the responsible entity shall summarize
				and make available the materials not circulated. The responsible entity shall
				provide additional information upon request of a consulted agency.
(c) The responsible entity may use meetings
				for consultation and shall convene a consultation meeting upon request of a
				consulted agency. If a meeting is scheduled, the responsible entity shall
				notify all consulted agencies of the meeting. The responsible entity shall make
				a written record of the issues discussed and any decisions or commitments made
				during a consultation meeting.
(d)
				The responsible entity shall include in the draft and final documentation of
				the actions covered by this subchapter a description of the consultation
				opportunities provided during accomplishment of the action, a summary of the
				responses received, and a discussion of how those responses were used in
				accomplishing the action.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1311 - NOTICE REQUIREMENTS FOR NON-FHWA/FTA PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) Any state or local agency having the
				authority for planning or approving the construction of non-FHWA/FTA
				transportation project (including those by recipients of funds designated under
				Title 23 USC or the Federal Transit Act) shall ensure that the MPO and MDT are
				informed of project plans and plan changes on a timely basis. This requirement
				includes projects for which alternative locations, design concept and scope, or
				the no-build option are still being considered. Notice to the MPO and MDT must
				be in accordance with the following procedures:
(a) The agency planning or approving the
				project shall inform the MPO and MDT prior to obligating or expending funds for
				project design or construction or when the first consultation request following
				project concept identification is received from a responsible entity performing
				an action covered by this subchapter, whichever occurs first.
(b) Whenever the project information provided
				by an agency planning or approving a project is not adequate to determine
				whether the project is regionally significant or to perform a regional
				emissions analysis, the responsible entity shall coordinate with the agency
				planning or approving the project to reach agreement on significance and the
				assumptions about project parameters to be used in the responsible entity's
				analysis.
(c) If a project has not
				been disclosed to the responsible entity in accordance with (a) and is
				subsequently disclosed and determined to be regionally significant, the project
				must be deemed not to meet the requirements of
				40 CFR
				93.121 for adoption, approval, or
				funding.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1312 - CONFLICT RESOLUTION

Current through Register Vol. 13, July 5, 2024
(1) Conflicts among
				state agencies or between state agencies and an MPO or a local agency that
				arise during consultations conducted pursuant to this subchapter may be
				appealed to the governor as follows if the conflict cannot be resolved by the
				affected agencies:
(a) A consulted agency
				that has submitted comments pursuant to this subchapter on a proposed
				implementation plan or conformity determination has 14 days to appeal to the
				governor after being notified by the responsible entity of the response to the
				consulted agency's comments. The specific actions that start the 14-day appeal
				period are identified in Tables C and D of ARM
				17.8.1305.
(b) The consulted agency must provide written
				notice of the appeal to the responsible entity and to the governor.
(c) If no appeal is filed within 14 days, the
				responsible entity may proceed with the final implementation plan or conformity
				determination. If an appeal is filed within 14 days, the final implementation
				plan or conformity determination must have the concurrence of the
				governor.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.13 - Conformity › Rule 17.8.1313 - PUBLIC CONSULTATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				following public consultation procedures must be adhered to during actions
				required by 40 CFR Part 93, subpart A, or this subchapter:
(a) Local air quality agencies and the
				department shall utilize a proactive public involvement process which provides
				opportunity for public review and comment prior to taking formal action
				establishing emissions budgets or allocating budgets among sources.
(b) MPOs and MDT shall utilize a proactive
				public involvement process which provides opportunity for public review and
				comment by, at a minimum, providing reasonable public access to technical and
				policy information considered by the agency at the beginning of the public
				comment period and prior to taking formal action on conformity determinations
				for all transportation plans and TIPs, consistent with the requirements of 23
				CFR Part 450.316(b). Any charges imposed for public inspection and copying must
				be consistent with the fee schedule contained in 49 CFR 7.95, except that state
				agency charges must be consistent with the governor's April 9, 1996, or most
				current, guidelines for responding to requests for access to, and/or copying,
				of agency documents. In addition, state agencies shall specifically address in
				writing all public comments that known plans for a regionally significant
				project that is not receiving FHWA or FTA funding or approval have not been
				properly reflected in the emissions analysis supporting a proposed conformity
				finding for a transportation plan or TIP. State agencies shall also provide
				opportunity for public involvement in conformity determinations for projects
				where otherwise required by law.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.14 - Conformity of General Federal Actions › Rule 17.8.1401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of this subchapter,
				terms have the meaning as defined in
				40 CFR
				93.152.
(2) For the purposes of this subchapter and
				40 CFR Part 93, subpart B, as adopted by reference in this subchapter, the
				following additional definitions apply:
(a)
				"MPO" means Metropolitan Planning Organization and is that organization
				designated as being responsible, together with the state, for conducting the
				continuing, cooperative, and comprehensive planning process under
				23 USC
				134 and 49 USC 1607. This includes the MPOs
				in Billings, Great Falls, and Missoula, any successors to these MPOs, and any
				MPO that is subsequently created for any area.
(b) "State air quality agency" means the
				Montana Department of Environmental Quality ("department" or "DEQ"), or its
				successor agency.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.14 - Conformity of General Federal Actions › Rule 17.8.1402 - 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 the following:
(a) 40 CFR Part 93,
				subpart B, which requires the conformity of general federal actions, other than
				those covered by subpart A, to state or federal implementation plans, with the
				following changes:
(i) the reference to 40
				CFR Part 51, subpart T, in 40 CFR 93.153(a),
				is replaced by ARM
				17.8.1301, et seq.
(ii) the references to 40 CFR Part 51,
				subpart T, and 40 CFR
				93, subpart A, in
				40 CFR
				93.158(a)(5)(ii) are
				replaced by ARM 17.8.1301, et seq.
(iii)
											40 CFR
				93.160(f) is replaced by:
				"written commitments to mitigation measures must be obtained prior to a
				positive conformity determination and such commitments must be
				fulfilled."
(iv)
											40 CFR
				93.160(g) is replaced by:
				"Any agreements, including mitigation measures, necessary for a conformity
				determination will be both state and federally enforceable. Enforceability
				through the State Implementation Plan (SIP) will apply to all persons who agree
				to mitigate direct and indirect emissions associated with a federal action for
				a conformity determination."
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, unless indicated otherwise, the
				  following definitions apply:
(1) The
				terms "air quality operating permit" or "permit", "air quality permit revision"
				or "permit revision", "applicable requirement", "emissions unit", "major
				source", and "regulated air pollutant" have the same meaning as provided under
				ARM 17.8.1201.
(2) "Air quality operating permit
				application" or "permit application" mean an application (including any
				supplement to a previously submitted application) that is submitted by the
				owner or operator to obtain an operating permit pursuant to ARM Title 17,
				chapter 8, subchapter 12.
(3)
				"Capture system" means the equipment (including but not limited to hoods,
				ducts, fans, and booths) used to contain, capture and transport a pollutant to
				a control device.
(4) "Continuous
				compliance determination method" means a method, specified by the applicable
				standard or an applicable permit condition, which:
(a) is used to determine compliance with an
				emission limitation or standard on a continuous basis, consistent with the
				averaging period established for the emission limitation or standard;
				and
(b) provides data either in
				units of the standard or correlated directly with the compliance
				limit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1502 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this subchapter, the department adopts and incorporates by reference the
				following:
(a)
										40 CFR
				51.214 and 40 CFR Part 51, Appendix P, which
				set forth EPA minimum emissions monitoring requirements for the Montana State
				Implementation Plan;
(b)
										40 CFR
				60.13 and 40 CFR Part 60, Appendix B, which
				set forth EPA performance specification and test procedures for continuous
				emission monitoring systems for new stationary sources;
(c) 40 CFR Part 63, which sets forth
				monitoring requirements and performance specifications for source categories of
				hazardous air pollutants;
(d)
										40 CFR
				72.2, which contains the definition of
				utility unit;
(e) 40 CFR Part 75,
				which describes the continuous emission monitoring requirements for acid rain
				sources subject to Title IV of the FCAA and sources subject to mercury
				monitoring requirements; and
(f) 40
				CFR Part 266, subpart H and Appendix IX, which set forth compliance and
				monitoring requirements for boilers and industrial
				furnaces.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1503 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) Except for backup utility units that are
				exempt under (3) below, the requirements of this subchapter shall apply to a
				pollutant-specific emissions unit at a major source that is required to obtain
				an air quality operating permit if the unit satisfies all of the following
				criteria:
(a) The unit is subject to an
				emission limitation or standard for the applicable regulated air pollutant (or
				a surrogate thereof), other than an emission limitation or standard that is
				exempt under (2) below;
(b) The
				unit uses a control device to achieve compliance with any such emission
				limitation or standard; and
(c) The
				unit has potential precontrol device emissions of the applicable regulated air
				pollutant that are equal to or greater than 100% of the amount, in tons per
				year, required for a source to be classified as a major source. For purposes of
				this paragraph, "potential precontrol device emissions" shall have the same
				meaning as "potential to emit", as defined in ARM
				17.8.1501(16),
				except that emission reductions achieved by the applicable control device shall
				not be taken into account.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1506 - SPECIAL CRITERIA FOR MONITORING DESIGN

Current through Register Vol. 13, July 5, 2024
(1) If a continuous emission monitoring
				system (CEMS), continuous opacity monitoring system (COMS) or predictive
				emission monitoring system (PEMS) is required pursuant to other authority under
				the FCAA or state or local law, the owner or operator shall use such system to
				satisfy the requirements of this subchapter.
(2) The use of a CEMS, COMS, or PEMS that
				satisfies any of the following monitoring requirements shall be deemed to
				satisfy the general design criteria in ARM
				17.8.1504 and
				17.8.1505, provided that a COMS
				may be subject to the criteria for establishing indicator ranges under ARM
				17.8.1504:
(a) 40 CFR part 51.214 and
				appendix P of 40 CFR part 51;
(b)
				40 CFR part 60.13 and appendix B of 40 CFR part 60;
(c) 40 CFR part 63.8 and any applicable
				performance specifications required pursuant to the applicable subpart of 40
				CFR part 63;
(d) 40 CFR part
				75;
(e) subpart H and appendix IX
				of 40 CFR part 266; or
(f) If an
				applicable requirement does not otherwise require compliance with the
				requirements listed in (2) (a) through (e) above, comparable requirements and
				specifications established by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1507 - SUBMITTAL REQUIREMENTS FOR MONITORING INDICATORS AND PRESUMPTIVELY ACCEPTABLE MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator shall submit to the department monitoring that satisfies the design
				requirements in ARM
				17.8.1504 through
				17.8.1506. The submission shall
				include the following information:
(a) the
				indicators to be monitored to satisfy ARM
				17.8.1504(1) (a) and
				(b);
(b) the ranges or designated conditions for
				such indicators, and the process by which such indicator ranges or designated
				conditions shall be established, or revised;
(c) the performance criteria for the
				monitoring to satisfy ARM
				17.8.1505(1);
				and
(d) if applicable, the
				indicator ranges and performance criteria for a CEMS, COMS or PEMS pursuant to
				ARM 17.8.1506, including the process by which indicator ranges or designated
				conditions shall be established or revised.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1508 - ADDITIONAL SUBMITTAL REQUIREMENTS REGARDING OPERATING PARAMETER DATA, PERFORMANCE TESTING, IMPLEMENTATION PLANS, AND MULTIPLE UNITS AND CONTROL DEVICES

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3) below, the
				owner or operator shall submit control device (and process and capture system,
				if applicable) operating parameter data obtained during the conduct of the
				applicable compliance or performance test conducted under conditions specified
				by the applicable rule. If the applicable rule does not specify testing
				conditions or only partially specifies test conditions, the performance test
				generally shall be conducted under conditions representative of maximum
				emissions potential under anticipated operating conditions at the
				pollutant-specific emissions unit. Such data may be supplemented, if desired,
				by engineering assessments and manufacturer's recommendations to justify the
				indicator ranges (or, if applicable, the procedures for establishing such
				indicator ranges). Emission testing is not required to be conducted over the
				entire indicator range or range of potential emissions.
(2) The owner or operator must document that
				no changes to the pollutant-specific emissions unit, including the control
				device and capture system, have taken place that could result in a significant
				change in the control system performance or the selected ranges or designated
				conditions for the indicators to be monitored since the performance or
				compliance tests described in (1) above were conducted.
(3) If existing data from unit-specific
				compliance or performance testing specified in (1) above are not available, the
				owner or operator:
(a) shall submit a test
				plan and schedule for obtaining such data in accordance with (4) below;
				or
(b) may submit indicator ranges
				(or procedures for establishing indicator ranges) that rely on engineering
				assessments and other data, provided that the owner or operator demonstrates
				that factors specific to the type of monitoring, control device, or
				pollutant-specific emissions unit make compliance or performance testing
				unnecessary to establish indicator ranges at levels that satisfy the criteria
				in ARM 17.8.1504.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1509 - DEADLINES FOR SUBMITTALS

Current through Register Vol. 13, July 5, 2024
(1) For all
				pollutant-specific emissions units with the potential to emit (taking into
				account control devices to the extent appropriate under the definition of this
				term in ARM
				17.8.1501(16) )
				the applicable regulated air pollutant in an amount equal to or greater than
				100% of the amount, in tons per year, required for a source to be classified as
				a major source, the owner or operator shall submit the information required
				under ARM 17.8.1507 and
				17.8.1508 at the following times:
(a) on or after April 20, 1998, the owner or
				operator shall submit information as part of an application for an initial air
				quality operating permit if, by that date, the application either:
(i) has not been filed; or
(ii) has not yet been determined to be
				complete by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1510 - APPROVAL OF MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Based on an
				application that includes the information submitted in accordance with ARM
				17.8.1509, the department shall
				act to approve the monitoring submitted by the owner or operator by confirming
				that the monitoring satisfies the requirements in ARM
				17.8.1504 through
				17.8.1506.
(2) In approving monitoring under this rule,
				the department may condition the approval on the owner or operator collecting
				additional data on the indicators to be monitored for a pollutant-specific
				emissions unit, including required compliance or performance testing, to
				confirm the ability of the monitoring to provide data that are sufficient to
				satisfy the requirements of this subchapter and to confirm the appropriateness
				of an indicator range(s) or designated condition(s) proposed to satisfy ARM
				17.8.1504(1) (b) and
				(c) and consistent with the schedule in ARM
				17.8.1508(4).
(3) If the department approves the proposed
				monitoring, it shall establish one or more permit terms or conditions that
				specify the required monitoring in accordance with ARM
				17.8.1212(1). At
				a minimum, the permit shall specify:
(a) the
				approved monitoring approach that includes all of the following:
(i) the indicator(s) to be monitored (such as
				temperature, pressure drop, emissions, or similar parameter) ;
(ii) the means or device to be used to
				measure the indicator(s) (such as temperature measurement device, visual
				observation, or CEMS) ; and
(iii)
				the performance requirements established to satisfy ARM
				17.8.1505(1) or
				17.8.1506, as applicable.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1512 - QUALITY IMPROVEMENT PLAN REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Based on the results of a determination
				made under ARM
				17.8.1511(5), the
				department may require the owner or operator to develop and implement a quality
				improvement plan (QIP). Consistent with ARM
				17.8.1510(3) (d),
				the air quality operating permit may specify an appropriate threshold, such as
				an accumulation of exceedances or excursions exceeding 5% duration of a
				pollutant-specific emissions unit's operating time for a reporting period, for
				requiring the implementation of a QIP. The threshold may be set at a higher or
				lower percent or may rely on other criteria for purposes of indicating whether
				a pollutant-specific emissions unit is being maintained and operated in a
				manner consistent with good air pollution control practices.
(2) Elements of a QIP are as follows:
(a) The owner or operator shall maintain a
				written QIP, if required, and have it available for inspection.
(b) The plan initially shall include
				procedures for evaluating the control performance problems and, based on the
				results of the evaluation procedures, the owner or operator shall modify the
				plan to include procedures for conducting one or more of the following actions,
				as appropriate:
(i) improved preventive
				maintenance practices.
(ii) process
				operation changes.
(iii)
				appropriate improvements to control methods.
(iv) other steps appropriate to correct
				control performance.
(v) more
				frequent or improved monitoring (only in conjunction with one or more steps
				under (2) (b) (i) through (iv) above).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1513 - REPORTING AND RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				On and after the date specified in ARM
				17.8.1511(1) by
				which the owner or operator must use monitoring that meets the requirements of
				this subchapter, the owner or operator shall submit monitoring reports to the
				department in accordance with ARM
				17.8.1212(3) (b) and
				(c).
(2) A report for monitoring under this
				subchapter shall include, at a minimum, the information required under ARM
				17.8.1212(3) (b) and
				(c) and the following information, as
				applicable:
(a) summary information on the
				number, duration and cause (including unknown cause, if applicable) of
				excursions or exceedances, as applicable, and the corrective actions
				taken;
(b) summary information on
				the number, duration and cause (including unknown cause, if applicable) for
				monitor downtime incidents (other than downtime associated with zero and span
				or other daily calibration checks, if applicable) ; and
(c) a description of the actions taken to
				implement a QIP during the reporting period as specified in ARM
				17.8.1512. Upon completion of a
				QIP, the owner or operator shall include in the next summary report
				documentation that the implementation of the plan has been completed and
				reduced the likelihood of similar levels of excursions or exceedances
				occurring.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.15 - Compliance Assurance Monitoring › Rule 17.8.1514 - SAVINGS PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Nothing in this
				subchapter shall:
(a) excuse the owner or
				operator of a source from compliance with any existing emission limitation or
				standard, or any existing monitoring, testing, reporting or recordkeeping
				requirement that may apply under federal, state, or local law, or any other
				applicable requirements under the FCAA. The requirements of this subchapter
				shall not be used to justify the approval of monitoring less stringent than the
				monitoring which is required under separate legal authority and are not
				intended to establish minimum requirements for the purpose of determining the
				monitoring to be imposed under separate authority under the FCAA, including
				monitoring in permits issued pursuant to Title I of the FCAA. The purpose of
				this subchapter is to require, as part of the issuance of a permit under Title
				V of the FCAA, improved or new monitoring at those emissions units where
				monitoring requirements do not exist or are inadequate to meet the requirements
				of this subchapter.
(b) restrict or
				abrogate the authority of the department to impose additional or more stringent
				monitoring, recordkeeping, testing, or reporting requirements on any owner or
				operator of a source under any provision of the FCAA, including but not limited
				to sections 7414(a) (1) and 7661c(b), or state law, as applicable.
(c) restrict or abrogate the authority of the
				department to take any enforcement action under the FCAA for any violation of
				an applicable requirement or of any person to take action under section 7604 of
				the FCAA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.16 - Emission Control Requirements for Oil and Gas Well Facilities Operating Prior to Issuance of a Montana Air Quality Permit › Rule 17.8.1601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Emissions
				minimizing technology" means a technology that reduces the amount of volatile
				organic compound (VOC) emissions from oil and gas well facilities through the
				use of resource recovery as fuel for process units or technology that results
				in significantly lower emissions of VOCs through the use of vapor capture and
				introduction into a pipeline.
(2)
				"Initial well completion date" has the meaning provided in
				75-2-211(2) (b),
				MCA.
(3) "Oil and gas well
				facility" has the meaning provided in
				75-2-103(13),
				MCA.
(4) "Potential to emit (PTE) "
				means the maximum capacity of a facility or emitting unit, within physical and
				operational design, to emit a pollutant. Any physical or operational limitation
				on the capacity of the facility or emitting unit to emit a pollutant, including
				air pollution control equipment and restrictions on hours of operation or on
				the type or amount of material combusted, stored, or processed, is treated as
				part of its design only if the limitation or the effect it would have on
				emissions is federally enforceable. Secondary emissions are not considered in
				determining potential to emit.
75-2-111,
					 75-2-211, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.16 - Emission Control Requirements for Oil and Gas Well Facilities Operating Prior to Issuance of a Montana Air Quality Permit › Rule 17.8.1602 - APPLICABILITY AND COORDINATION WITH MONTANA AIR QUALITY PERMIT RULES

Current through Register Vol. 13, July 5, 2024
(1) The requirements of this subchapter apply
				to oil and gas well facilities that were completed after March 16, 1979, or
				that were modified after March 16, 1979, and that have the potential to emit
				(PTE) more than 25 tons per year (TPY) of any airborne pollutant that is
				regulated under this chapter.
(2)
				Notwithstanding (1), the requirements of ARM
				17.8.1603 do not apply until July
				1, 2006, to oil and gas well facilities completed prior to January 3,
				2006.
(3) The owner or operator of
				an oil and gas well facility shall submit to the department an application for
				a Montana air quality permit, pursuant to ARM
				17.8.748, no later than January 3,
				2006, or within 60 days after the initial well completion date for the
				facility, whichever is later.
(4)
				An owner or operator who complies with the requirements of this subchapter may
				construct, install, or use equipment necessary to complete or operate an oil or
				gas well facility without a permit until the department's decision on the
				application is final.
75-2-111,
					 75-2-211, MCA; IMP,
					 75-2-211,
					 MCA;