Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following definitions
				  apply:
(1) "112(g) exemption" means a
				document issued by the department on a case-by-case basis, finding that a major
				source of HAP meets the criteria contained in
				40 CFR
				63.41 (definition of "construct a major
				source", (2) (i) through (vi) ), and is thus exempt from the requirements of
				42 USC
				7412 (g).
(2) "Airborne particulate matter" means any
				particulate matter discharged into the outdoor atmosphere which is not
				discharged from the normal exit of a stack or chimney for which a source test
				can be performed in accordance with 40 CFR Part 60, Appendix A, method 5
				(determination of particulate emissions from stationary sources).
(3) "Best available control technology (BACT)
				" means an emission limitation (including a visible emission standard), based
				on the maximum degree of reduction for each air pollutant which would be
				emitted from any source or alteration which the department, on a case-by-case
				basis, taking into account energy, environment, and economic impacts and other
				costs, determines is achievable for such sources or alterations 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 air contaminant. In no event shall application
				of BACT result in emission of any air contaminant which would exceed the
				emissions allowed by any applicable standard under this chapter. If the
				department determines that technological or economic limitations on the
				application of measurement methodology to a particular class of sources or
				alterations 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 shall, to the degree possible, set forth the emission reduction
				achievable by implementation of such design, equipment, work practice or
				operation and shall provide for compliance by means which achieve equivalent
				results.
(4) "Beginning actual
				construction" means, in general, initiation of physical on-site construction
				activities of a permanent nature. Such activities include, but are not limited
				to, installation of building supports and foundations, laying of underground
				pipework, and construction of permanent storage structures.
(5) "Building, structure, facility, or
				installation" means all of the pollutant-emitting activities which belong to
				the same industrial grouping, are located on one or more contiguous or adjacent
				properties, and are under the control of the same person (or persons under
				common control) except the activities of any vessel. Pollutant-emitting
				activities shall be considered as part of the same industrial grouping if they
				belong to the same major group (i.e., which have the same two-digit code) as
				described in the standard industrial classification manual, 1987.
(6) "Construct a major source of HAP" means:
(a) to fabricate, erect, or install a major
				source of HAP; or
(b) to
				reconstruct a major source of HAP, by replacing components at an existing
				process or production unit that in and of itself emits or has the potential to
				emit ten tons per year of any HAP, or 25 tons per year of any combination of
				HAP, whenever:
(i) the fixed capital cost of
				the new components exceeds 50% of the fixed capital cost that would be required
				to construct a comparable process or production unit; and
(ii) it is technically and economically
				feasible for the reconstructed major source to meet the applicable maximum
				achievable control technology emission limitation for new sources established
				under 40 CFR 63 Subpart B.