Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.818 - REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS-SOURCE APPLICABILITY AND EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) No major
				stationary source or major modification shall begin actual construction unless,
				as a minimum, requirements contained in ARM
				17.8.819 through
				17.8.827 have been met. A major
				stationary source or major modification exempted from the requirements of
				subchapter 7 under ARM
				17.8.744 or
				17.8.745 shall, if applicable,
				still be required to obtain a Montana air quality permit and comply with all
				applicable requirements of this subchapter.
(2) The requirements contained in ARM
				17.8.819 through
				17.8.827 shall apply to any major
				stationary source and any major modification with respect to each pollutant
				subject to regulation under the FCAA that it would emit, except as this
				subchapter would otherwise allow. This does not include hazardous air
				pollutants, except to the extent that such hazardous air pollutants are
				regulated as constituents of more general pollutants listed in section 108(a)
				(1) of the FCAA, or must be considered in the BACT analysis.
(3) The requirements contained in ARM
				17.8.819 through
				17.8.827 apply only to any major
				stationary source or major modification that would be constructed in an area
				which is designated as attainment or unclassifiable under
				40 CFR
				81.327, except that the requirements
				contained in ARM
				17.8.819 through
				17.8.827 do not apply to a
				particular major stationary source or major modification if:
(a) the major stationary source would be a
				nonprofit health or nonprofit educational institution or a major modification
				that would occur at such an institution; or
(b) the source or modification is a portable
				stationary source which has previously received a permit under requirements
				contained in ARM
				17.8.819 through 17.8.827, but
				only if the source proposes to relocate and emissions at the new location would
				be temporary, the emissions from the source would not exceed its allowable
				emissions and would impact no Class I area and no area where an applicable
				increment is known to be violated, and reasonable notice is given to the
				department prior to the relocation identifying the proposed new location and
				the probable duration of operation at the new location. Such notice must be
				given to the department not less than ten days in advance of the proposed
				relocation unless a different time duration is previously approved by the
				department.
(c) The source or
				modification would be a major stationary source or major modification only if
				fugitive emissions, to the extent quantifiable, are considered in calculating
				the potential to emit of the stationary source or modification and such source
				does not belong to any of the following categories:
(i) coal cleaning plants (with thermal
				dryers);
(ii) kraft pulp
				mills;
(iii) Portland cement
				plants;
(iv) primary zinc
				smelters;
(v) iron and steel
				mills;
(vi) primary aluminum ore
				reduction plants;
(vii) primary
				copper smelters;
(viii) municipal
				incinerators capable of charging more than 250 tons of refuse per
				day;
(ix) hydrofluoric, sulfuric,
				or nitric acid plants;
(x)
				petroleum refineries;
(xi) lime
				plants;
(xii) phosphate rock
				processing plants;
(xiii) coke oven
				batteries;
(xiv) sulfur recovery
				plants;
(xv) carbon black plants
				(furnace process) ;
(xvi) primary
				lead smelters;
(xvii) fuel
				conversion plants;
(xviii)
				sintering plants;
(xix) secondary
				metal production plants;
(xx)
				chemical process plants;
(xxi)
				fossil-fuel boilers (or combination thereof) totaling more than 250 million
				British thermal units per hour heat input;
(xxii) petroleum storage and transfer units
				with a total storage capacity exceeding 300,000 barrels;
(xxiii) taconite ore processing
				plants;
(xxiv) glass fiber
				processing plants;
(xxv) charcoal
				production plants;
(xxvi) fossil
				fuel-fired steam electric plants of more than 250 million British thermal units
				per hour heat input;
(xxvii) any
				other stationary source category which, as of August 7, 1980, is being
				regulated under section 111 or 112 of the FCAA.