Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.9 - Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Nonattainment Areas › Rule 17.8.904 - WHEN MONTANA AIR QUALITY PERMIT REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Any
				new major stationary source or major modification which would locate anywhere
				in an area designated as nonattainment for a national ambient air quality
				standard under
				40 CFR
				81.327 and which is major for the pollutant
				for which the area is designated nonattainment, shall, prior to construction,
				obtain from the department a Montana air quality permit in accordance with
				subchapter 7 and all requirements contained in this subchapter if applicable. A
				major stationary source or major modification exempted from the requirements of
				subchapter 7 under ARM
				17.8.744
				and
				17.8.745
				which would locate anywhere in an area designated as nonattainment for a
				national ambient air quality standard under
				40 CFR
				81.327 and which is major for the pollutant
				for which the area is designated nonattainment, shall, prior to construction,
				still be required to obtain a Montana air quality permit and comply with the
				requirements of ARM
				17.8.748,
				17.8.749,
				17.8.756,
				17.8.759,
				and
				17.8.760
				and with all applicable requirements of this subchapter.
(2) Any source or modification located
				anywhere in an area designated as nonattainment for a national ambient air
				quality standard under
				40 CFR
				81.327 which becomes a major stationary
				source or major modification for the pollutant for which the area is designated
				nonattainment solely by virtue of a relaxation in any enforceable limitation
				which was established after August 7, 1980, on the capacity of the source or
				modification otherwise to emit a pollutant (such as a restriction on hours of
				operation) shall obtain from the department a Montana air quality permit as
				though construction had not yet commenced on the source or modification, in
				accordance with subchapter 7 and all requirements of this subchapter.
(3) Sulfur dioxide
				(SO2) is a precursor to PM-2.5 in a PM-2.5 nonattainment
				area.
(4) Nitrogen oxides are
				presumed to be precursors to PM-2.5 in a PM-2.5 nonattainment area, unless the
				applicant demonstrates that emissions of nitrogen oxides from sources in the
				PM-2.5 nonattainment area are not a significant contributor to that area's
				ambient PM-2.5 concentrations.
(5)
				Volatile organic compounds and ammonia are presumed not to be precursors to
				PM-2.5 in a PM-2.5 nonattainment area unless emissions of volatile organic
				compounds or ammonia from sources in the area are a significant contributor to
				that area's ambient PM-2.5 concentrations.
(6) PM-2.5 emissions and PM-10 emissions
				shall include gaseous emissions from a source or activity that condense to form
				particulate matter at ambient temperatures
(7) Applicability determinations made prior
				to January 1, 2011, without accounting for condensable particulate matter, are
				not subject to (6).
AUTH:
					 75-2-111,
					 75-2-203,
					 MCA; IMP:
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA