reglab/statecodes huggingface dataset:
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 17.8.902 - 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 60,
				pertaining to standards of performance for new stationary sources;
(b) 40 CFR Part 61, pertaining to emission
				standards for hazardous air pollutants;
(c)
										40 CFR
				81.327, pertaining to the air quality
				attainment status designations for Montana;
(d) section 173 of the FCAA, as codified in
				42 USC
				7503, pertaining to permit requirements for
				permit programs in nonattainment areas;
(e) sections 188 through 190 of the FCAA, as
				codified in 42 USC
				7513 through
				7513b, pertaining to additional
				requirements for particulate matter in nonattainment areas; and
(f) the Standard Industrial Classification
				Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a
				system of industrial classification and definition based upon the composition
				and structure of the economy.
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 17.8.905 - ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The department shall not issue a Montana
				air quality permit required under ARM
				17.8.904, unless the requirements
				of subchapter 7 and the following additional conditions are met:
(a) The permit for the new source or
				modification contains an emission limitation which constitutes the lowest
				achievable emissions rate for such source.
(b) The applicant certifies that all existing
				major sources owned or operated by the applicant (or any entity controlling,
				controlled by, or under common control with the applicant) in the state of
				Montana are in compliance with all applicable emission limitations and
				standards under the FCAA or are in compliance with an expeditious schedule of
				compliance which is federally enforceable or contained in a court
				decree.
(c) The new source obtains
				from existing sources emission reductions (offsets), expressed in tons per
				year, which provide both a positive net air quality benefit in the affected
				area in accordance with ARM
				17.8.906(7) through
				(9), and a ratio of required emission offsets
				to the proposed source's emissions of 1:1 or greater. The emissions reductions
				(offsets) required under this subsection must be:
(i) obtained from existing sources in the
				same nonattainment area as the proposed source, except as specified in ARM
				17.8.906(6) 
				(whether or not they are under the same ownership) ;
(ii) subject to the provisions of ARM
				17.8.906;
(iii) sufficient to
				assure that there will be reasonable progress toward attainment of the
				applicable national ambient air quality standard;
(iv) for the same pollutant (e.g., carbon
				monoxide increases may only be offset against carbon monoxide reductions)
				;
(v) permanent, quantifiable, and
				federally enforceable; and
(vi)
				reductions in actual emissions.
(d) The Montana air quality permit contains a
				condition requiring the source to submit documentation, prior to commencement
				of operation that the offsets required in the permit have occurred.
(e) The applicant submits an analysis of
				alternative sites, sizes, production processes and environmental control
				techniques for such proposed source that demonstrates that benefits of the
				proposed source significantly outweigh the environmental and social costs
				imposed as a result of its location, construction or modification.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter:
(1) The definitions contained in ARM
				17.8.901 shall be
				applicable.
(2) "Cause or
				contribute" means, in regard to an ambient air quality impact caused by
				emissions from a major source or modification, an ambient air quality impact
				that exceeds the significance level as defined in (3), for any pollutant at any
				location.
(3) "Significance level"
				means, for any of the following pollutants, an ambient air quality impact
				greater than any of the averages cited below:
(a) for sulfur dioxide:
(i) an annual average of 1.0 micrograms per
				cubic meter (µg/m3) ;
(ii) a 24-hour average of 5.0
				µg/m3; or
(iii) a three-hour average of 25.0
				µg/m3.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1002 - 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 60,
				pertaining to standards of performance for new stationary sources;
(b) 40 CFR Part 61, pertaining to emission
				standards for hazardous air pollutants;
(c)
										40 CFR
				81.327, pertaining to the air quality
				attainment status designations for Montana;
(d) section 173 of the FCAA, as codified in
				42 USC
				7503, pertaining to requirements for permit
				programs in nonattainment areas;
(e) sections 188 through 190 of the FCAA, as
				codified in 42 USC
				7513 through
				7513b, pertaining to additional
				requirements for particulate matter in nonattainment areas; and
(f) the Standard Industrial Classification
				Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a
				system of industrial classification and definition based upon the composition
				and structure of the economy.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1004 - 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 attainment or unclassified for a national
				ambient air quality standard under
				40 CFR
				81.327 and which would cause or contribute to
				a violation of a national ambient air quality standard for any pollutant at any
				locality that does not or would not meet the national ambient air quality
				standard for that pollutant, shall obtain from the department a Montana air
				quality permit prior to construction in accordance with subchapters 7 and 8 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 or
				17.8.745 which would locate
				anywhere in an area designated as attainment or unclassified for a national
				ambient air quality standard under
				40 CFR
				81.327 and which would cause or contribute to
				a violation of a national ambient air quality standard for any pollutant at any
				locality that does not or would not meet the national ambient air quality
				standard for that pollutant, 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 other applicable
				requirements of this subchapter.
(2) In the absence of emission reductions
				compensating for the adverse impact of the source, the Montana air quality
				permit will be denied.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1005 - ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The department will not issue a Montana
				air quality permit required under ARM
				17.8.1004 unless the requirements
				of subchapters 7 and 8 and the following additional conditions are met:
(a) the new source is required to meet an
				emission limitation, as more fully described in (2) and (3), which specifies
				the lowest achievable emission rate for such source;
(b) the applicant certifies that all existing
				major stationary sources owned or operated by the applicant (or any entity
				controlling, controlled by, or under common control with the applicant) in the
				state of Montana are in compliance with all applicable emission limitations and
				standards under the FCAA or are in compliance with an expeditious schedule of
				compliance which is federally enforceable or contained in a court
				decree;
(c) the new source must
				obtain from existing sources emission reductions (offsets), expressed in tons
				per year, which provide both a positive net air quality benefit in the affected
				area as determined in accordance with (3), ARM
				17.8.1006 and
				17.8.1007, and a ratio of required
				emission offsets to the proposed source's emissions of 1:1 or greater;
				and
(d) the Montana air quality
				permit contains a condition requiring the source to submit documentation, prior
				to commencement of operation that the offsets required in the Montana air
				quality permit have occurred.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1006 - REVIEW OF SPECIFIED SOURCES FOR AIR QUALITY IMPACT

Current through Register Vol. 13, July 5, 2024
(1) For "stable" air pollutants (i.e., sulfur
				dioxide, particulate matter and carbon monoxide), the determination of whether
				a source will cause or contribute to a violation of a national ambient air
				quality standard generally should be made on a case-by-case basis as of the
				proposed new source's startup date using the source's allowable emissions in an
				atmospheric simulation model (unless a source will clearly impact on a receptor
				which exceeds a national ambient air quality standard).
(2) For sources of nitrogen oxides, the
				initial determination of whether a source would cause or contribute to a
				violation of the national ambient air quality standard for nitrogen dioxide
				should be made using an atmospheric simulation model assuming all the nitric
				oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches
				ground level. The initial concentration estimates may be adjusted if adequate
				data are available to account for the expected oxidation rate.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.10 - Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Attainment or Unclassified Areas › Rule 17.8.1007 - BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of this subchapter, the
				following requirements apply:
(a) The
				requirements of ARM
				17.8.906, except that ARM
				17.8.906(7) through
				(9) do not apply to offsets required under
				this subchapter;
(b) Emission
				offsets must be reductions in actual emissions for the same pollutant obtained
				from the same source or other sources which are located in the same general
				area of the proposed major stationary source or modification, and that
				contribute to or would contribute to the violation of the national ambient air
				quality standard;
(c) In meeting
				the emissions offset requirements in this subchapter, emissions offsets for
				direct PM-2.5 emissions or emissions of precursors of PM-2.5 may be satisfied
				by offsetting reductions in direct PM-2.5 emissions or emissions of any
				precursor;
(d) In the case of
				emission offsets involving volatile organic compounds and oxides of nitrogen,
				offsets will generally be acceptable if they are obtained from within the areas
				specified in (1)(b). If the proposed offsets would be from sources located at
				considerable distances from the new source, the department shall increase the
				ratio of the required offsets and require a showing by the applicant that
				nearby offsets were investigated and reasonable alternatives were not
				available;
(e) In the case of
				emission offsets involving sulfur dioxide (SO2),
				particulates, and carbon monoxide, areawide mass emission offsets are not
				acceptable, and the applicant shall perform atmospheric simulation modeling to
				ensure that emission offsets provide a positive net air quality benefit. The
				department may exempt the applicant from the atmospheric simulation modeling
				requirement if the emission offsets provide a positive net air quality benefit,
				are obtained from an existing source on the same premises or in the immediate
				vicinity of the new source, and the pollutants disperse from substantially the
				same effective stack height; and
(f) No emissions credit shall be allowed for
				replacing one hydrocarbon compound with another of lesser reactivity, except
				for those compounds listed in Table 1 of EPA's "Recommended Policy on Control
				of Volatile Organic Compounds"
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter:
(1) "Federal Class I area" means those areas
				listed in ARM
				17.8.806(1) and
				any other federal land that is classified or reclassified as Class I.
(2) "Adverse impact on visibility" means
				visibility impairment which the department determines does or is likely to
				interfere with the management, protection, preservation, or enjoyment of the
				visual experience of visitors within a federal Class I area. The determination
				must be made on a case-by-case basis taking into account the geographic extent,
				intensity, duration, frequency, and time of visibility impairment, and how
				these factors correlate with times of visitor use of the federal Class I area,
				and the frequency and occurrence of natural conditions that reduce
				visibility.
(3) "Visibility
				impairment" means any humanly perceptible change in visual range, contrast, or
				coloration from that which would have existed under natural conditions. Natural
				conditions include fog, clouds, windblown dust from natural sources, rain,
				naturally ignited wildfires, and natural aerosols.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1102 - 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
				81.327, providing attainment status
				designation for Montana pursuant to section 107 of the FCAA;
(b) "Workbook for Plume Visual Impact
				Screening and Analysis" (Revised) (EPA-454/R-92/023), specifying methods for
				estimating visibility impairment.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1103 - APPLICABILITY-VISIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				is applicable to the owner or operator of a proposed major stationary source,
				as defined by ARM
				17.8.801(22), or
				of a source proposed for a major modification, as defined by ARM
				17.8.801(20) 
				proposing to construct such a source or modification after July 1, 1985, in any
				area within the state of Montana designated as attainment, unclassified, or
				nonattainment, in accordance with
				40 CFR
				81.327, incorporated by reference in ARM
				17.8.1102. The requirements of
				this subchapter shall be integrated with the requirements of ARM Title 17,
				chapter 8, subchapters 7 (Permit, Construction, and Operation of Air
				Contaminant Sources) and 8 (Prevention of Significant Deterioration of Air
				Quality).
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1106 - VISIBILITY IMPACT ANALYSIS

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator of a major stationary source or modification as described in ARM
				17.8.1103, shall demonstrate that
				the actual emissions [as defined by ARM
				17.8.801(1) ]
				from the major source or modification (including fugitive emissions) will not
				cause or contribute to adverse impact on visibility within any federal Class I
				area or the department shall not issue a permit.
(2) The owner or operator of a proposed major
				stationary source or major modification shall submit all information necessary
				to support any analysis or demonstration required by these rules pursuant to
				ARM 17.8.748.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1107 - VISIBILITY MODELS

Current through Register Vol. 13, July 5, 2024
(1) All estimates
				of visibility impact required under this subchapter shall be based on those
				models contained in "Workbook for Plume Visual Impact Screening and Analysis"
				A-450/4-88 1988), incorporated by reference in ARM
				17.8.1102. Equivalent models may
				be substituted if approved by the department.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1108 - NOTIFICATION OF PERMIT APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Where a
				proposed major stationary source or major modification will impact or may
				impact visibility within a federal Class I area, the department shall provide
				written notice to the Environmental Protection Agency and to the appropriate
				federal land managers. Notification shall be in writing, include all
				information relevant to the permit application including an analysis of the
				anticipated impacts on visibility in any federal Class I area, and be within 30
				days of the receipt of the application.
(2) Where the department receives advance
				notification of a permit application of a source that may affect federal Class
				I area visibility, the department will notify all affected federal land
				managers within 30 days of such advance notice.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1109 - ADVERSE IMPACT AND FEDERAL LAND MANAGER

Current through Register Vol. 13, July 5, 2024
(1)
				Federal land managers may present to the department, after the preliminary
				determination required under ARM
				17.8.759, a demonstration that the
				emissions from the proposed source or modification may cause or contribute to
				adverse impact on visibility in any federal Class I area, notwithstanding that
				the air quality change resulting from the emissions from such source or
				modification would not cause or contribute to concentrations which would exceed
				the maximum allowable increment defined in ARM
				17.8.804(PSD) for
				a federal Class I area.
(2) The
				department will consider the comments of the federal land manager in its
				determination of whether adverse impact on visibility may result. Should the
				department determine that such impairment may result, a permit for the proposed
				source will not be granted.
(3)
				Where the department finds such an analysis does not demonstrate to the
				satisfaction of the department that an adverse impact on visibility will
				result, the department will provide written notification to the affected
				federal land manager within five days of the department's final decision on the
				permit. The notification will include an explanation of the department's
				decision or give notice as to where the explanation can be obtained.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1110 - VISIBILITY MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a proposed major stationary source or major modification shall
				submit with the application an analysis of existing visibility in or
				immediately adjacent to the federal Class I area potentially impacted by the
				proposed project. The validity of the analysis shall be determined by the
				department.
(2) As necessary to
				establish visibility conditions within the mandatory Class I area prior to
				construction and operation of the source or modification, the analysis shall
				include a collection of continuous visibility monitoring data. Such data shall
				relate to and shall have been gathered over the year preceding receipt of the
				complete application, except that if the department determines that a complete
				and adequate analysis can be accomplished with monitoring data gathered over a
				period shorter than one year, the data that is required must have been gathered
				over at least that shorter period. Where applicable, the owner or operator may
				demonstrate that existing visibility monitoring data may be
				sufficient.
(3) Pursuant to the
				requirements of this subchapter, the owner or operator of the source shall
				submit a preconstruction visibility monitoring plan prior to the filing of a
				permit application. Within 30 days, the department must, after consultation
				with the affected federal land manager, review and either approve the
				monitoring program or specify the changes necessary for approval. If the
				department fails to act within the 30 days, the monitoring program shall be
				deemed approved.
(4) The owner or
				operator of a proposed major stationary source or major modification, after
				construction has been completed, shall conduct such visibility monitoring as
				the department may require as a permit condition to establish the effect the
				source has on visibility conditions within the mandatory Class I area being
				impacted.
(5) The department may
				waive the requirements of (1), (2), and (3) if the value of "V" in the equation
				below is less than 0.50 or, if for any other reason which can be demonstrated
				to the satisfaction of the department, an analysis of visibility is not
				necessary.
V = (Emissions)1/2
										÷
				  Distance
where: Emissions = emissions from the major stationary source
				  or modification
of nitrogen oxides, particulate matter, or sulfur dioxide,
				  whichever
is highest, in tons per year.
Distance = distance, in kilometers, from the proposed major
				  stationary source or
major modification to each federal Class I
				  area.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.11 - Visibility Impact Assessment › Rule 17.8.1111 - ADDITIONAL IMPACT ANALYSIS

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator of a proposed major stationary source or major modification subject
				to the requirements of ARM
				17.8.824(PSD) 
				shall provide a visibility impact analysis of the visibility impact likely to
				occur as a result of the major source or major modification and as a result of
				general commercial, residential, industrial, and other growth associated with
				the source or major modification.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 75-2-204,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, unless indicated otherwise, the following
				  definitions apply:
(1) "Administrative
				permit amendment" means an air quality operating permit revision that:
(a) corrects typographical errors;
(b) identifies a change in the name, address,
				or phone number of any person identified in the air quality operating permit,
				or identifies a similar minor administrative change at the source;
(c) requires more frequent monitoring or
				reporting by the permittee;
(d)
				allows for a change in ownership or operational control of a source if the
				department has determined that no other change in the air quality operating
				permit is necessary, consistent with ARM
				17.8.1225; or
(e) incorporates any other type of change
				which the department and EPA have determined to be similar to those revisions
				set forth in (1)(a) through (d).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1202 - 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
				70.3, pertaining to those sources and source
				categories designated by the administrator as requiring an operating permit
				pursuant to Title V of the FCAA;
(b) 40 CFR Part 72, pertaining to the
				operating permit requirements for acid rain sources subject to Title IV of the
				FCAA;
(c) 40 CFR Part 75,
				pertaining to the continuous emission monitoring requirements for acid rain
				sources subject to Title IV of the FCAA and sources subject to mercury
				monitoring requirements;
(d) 40 CFR
				Part 76, pertaining to the nitrogen oxides emission reduction requirements for
				acid rain sources subject to Title IV of the FCAA;
(e) section 129(e) of the FCAA as codified in
				42 USC
				7429(e), pertaining to solid
				waste incineration units that are required to obtain operating permits under
				Title V of the FCAA;
(f) section
				129(g) of the FCAA as codified in
				42 USC
				7429(g), pertaining to the
				definition of solid waste incineration unit for the purposes of Title V of the
				FCAA; and
(g) the Standard
				Industrial Classification Manual (1987), Office of Management and Budget (PB
				87-100012), pertaining to a system of industrial classification and definition
				based upon the composition and structure of the economy.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1203 - AIR QUALITY OPERATING PERMIT PROGRAM OVERVIEW

Current through Register Vol. 13, July 5, 2024
(1) This subchapter provides for the
				establishment of a comprehensive air quality operating permit system consistent
				with the requirements of Title V of the FCAA and the federal operating permit
				program (57 FR 32250 July 21, 1992, to be codified as 40 CFR Part 70). These
				regulations, when viewed as a whole, are not invariably limited to the minimum
				federal requirements and do not invariably impose the strictest optional
				alternatives. No air quality operating permit issued under this subchapter may
				be less stringent than necessary to meet all applicable requirements.
(2) The requirements of this subchapter,
				including provisions regarding schedules for submission and approval or
				disapproval of air quality operating permit applications, shall apply to the
				permitting of affected sources under the acid rain program, except as provided
				herein or in regulations promulgated pursuant to Title IV of the
				FCAA.
75-2-217, MCA; IMP,
					 75-2-217,
					 75-2-218,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1204 - AIR QUALITY OPERATING PERMIT PROGRAM APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The requirements of this subchapter apply
				to the following sources:
(a) any major
				source, as defined in this subchapter;
(b) any source, including an area source,
				subject to a requirement under section 111 of the FCAA;
(c) any source, including an area source,
				subject to a requirement under section 112 of the FCAA, except that a source is
				not required to obtain a permit solely because it is subject to requirements
				under section 112(r) of the FCAA;
(d) any affected source;
(e) any source required to obtain a permit
				under section 129(e) of the FCAA;
(f) any source in a source category
				designated by the administrator as requiring an operating permit pursuant to
				40 CFR
				70.3; and
(g) any source required by the FCAA to obtain
				a Title V operating permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1205 - REQUIREMENTS FOR TIMELY AND COMPLETE AIR QUALITY OPERATING PERMIT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For each source
				required to obtain an air quality operating permit, the owner or operator shall
				submit a timely and complete air quality operating permit or renewal
				application in accordance with this rule.
(2) To be considered timely for the purposes
				of this rule, a person required to obtain a permit pursuant to this subchapter
				shall file an application with the department as follows:
(a) An applicant applying for an air quality
				operating permit for the first time due to the applicability of newly
				promulgated regulations shall submit a permit application within 12 months
				after the source becomes subject to the permit program.
(b) Persons required to obtain an air quality
				operating permit or permit revision who are also required to obtain a Montana
				air quality preconstruction permit under this chapter shall file a complete
				application for an air quality operating permit or permit revision within 12
				months after commencing operation, unless an existing operating permit would
				prohibit the construction or change in operation. If an existing operating
				permit would prohibit the construction or change in operation, the owner or
				operator shall obtain a permit revision before commencing operation.
(c) For renewal, a permittee shall submit a
				complete air quality operating permit application to the department not later
				than six months prior to the expiration of the existing permit, unless
				otherwise specified in that permit. If necessary to ensure that the existing
				permit will not expire before the renewal permit is issued, the department may
				notify the permittee in writing that the renewal application must be submitted
				by a specified deadline that is earlier than six months prior to permit
				expiration. Such written notification must be provided at least one year before
				the renewal application due date established in the existing permit. In no case
				may this extended time period or the time period established in the existing
				permit be greater than 18 months.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1207 - CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

Current through Register Vol. 13, July 5, 2024
(1) Any application form, report, or
				compliance certification submitted pursuant to this subchapter shall contain
				certification by a responsible official of truth, accuracy, and completeness.
				This certification and any other certification required under this subchapter
				shall state that, based on information and belief formed after reasonable
				inquiry, the statements and information in the document are true, accurate, and
				complete.
75-2-217,
					 75-2-218, MCA; IMP,
					 75-2-217,
					 75-2-218,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1210 - GENERAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT

Current through Register Vol. 13, July 5, 2024
(1) Each air
				quality operating permit shall contain the following general information:
(a) name and mailing address of permittee;
(b) type of operation;
(c) permit milestone dates including, the
				date the permit application was received, the date the permit application was
				deemed complete, the date the draft permit was issued, the date the proposed
				permit was issued, the date the final permit was issued and the permit
				expiration date;
(d) permit
				number; and
(e) name of the
				designated representative.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1211 - REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO EMISSION LIMITATIONS AND STANDARDS, AND OTHER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each air quality operating permit issued
				pursuant to this subchapter shall contain the following:
(a) emission limitations and standards,
				including those operational requirements and limitations that assure compliance
				with all applicable requirements at the time of permit issuance;
(b) a specific description with appropriate
				references of the origin of, and authority for, each term or condition
				contained in the permit, including a description of any differences in form as
				compared to the applicable requirement upon which the term or condition is
				based; and
(c) all relevant terms
				and conditions applicable to a source, including those terms and conditions
				that are not applicable requirements, which shall be clearly designated as
				such.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1212 - REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO MONITORING, RECORDKEEPING, AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Each air
				quality operating permit shall contain the following requirements with respect
				to monitoring:
(a) All monitoring and
				analysis procedures or test methods required under the applicable monitoring
				and testing requirements, including ARM
				17.8.1501 through
				17.8.1514 and any other procedures
				and methods that may be promulgated pursuant to sections 504(b) or 114(a) (3)
				of the FCAA. If more than one monitoring or testing requirement applies, the
				permit may specify a streamlined set of monitoring or testing provisions if the
				specified monitoring or testing is adequate to assure compliance at least to
				the same extent as the monitoring or testing applicable requirements that are
				not included in the permit as a result of such streamlining;
(b) Where the applicable requirement does not
				require periodic testing or instrumental or noninstrumental monitoring (which
				may consist of recordkeeping designed to serve as monitoring), periodic
				monitoring sufficient to yield reliable data from the relevant time period that
				are representative of the source's compliance with the air quality operating
				permit, as reported pursuant to (3). Such monitoring requirements shall assure
				use of terms, test methods, units, averaging periods, and other statistical
				conventions consistent with the applicable requirement. Recordkeeping
				provisions may be sufficient to meet the requirements of this section;
				and
(c) as necessary, requirements
				concerning the use, maintenance, and, where appropriate, installation of
				monitoring equipment or methods.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1213 - REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) All air quality operating permits shall
				contain the provisions required by this rule with respect to
				compliance.
(2) Consistent with ARM
				17.8.1212, all permits shall
				contain compliance certification, testing, monitoring, reporting, and
				recordkeeping requirements sufficient to assure compliance with the terms and
				conditions of the permit. Any such data, generated as a condition of the
				permit, may be used to demonstrate compliance with the conditions of the permit
				and may be used for direct enforcement. Any document (including reports)
				required by a permit shall contain a certification by a responsible official
				that meets the requirements of ARM
				17.8.1207.
(3) Each permit shall contain inspection and
				entry requirements which require that, upon presentation of credentials and
				other documents as may be required by law, the permittee shall allow the
				department, the administrator or an authorized representative (including an
				authorized contractor acting as a representative of the department or the
				administrator) to perform the following:
(a)
				enter the premises where a source required to obtain a permit is located or
				emissions-related activity is conducted, or where records must be kept under
				the conditions of the permit;
(b)
				have access to and copy, at reasonable times, any records that must be kept
				under the conditions of the permit;
(c) inspect at reasonable times any
				facilities, emission unit, equipment (including monitoring and air pollution
				control equipment), practices, or operations regulated or required under the
				permit; and
(d) as authorized by
				the Montana Clean Air Act and rules promulgated thereunder, sample or monitor
				at reasonable times any substances or parameters at any location for the
				purpose of assuring compliance with the permit or applicable
				requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1214 - REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO THE PERMIT SHIELD AND EMERGENCIES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in this section, the department shall include in an air quality
				operating permit a provision stating that compliance with the conditions of the
				permit shall be deemed compliance with any applicable requirements and any
				nonfederally enforceable requirements as of the date of permit issuance,
				provided that:
(a) such applicable
				requirements and nonfederally enforceable requirements are included and are
				specifically identified in the permit; or
(b) the department, in acting on the permit
				application or revision, determines in writing that other requirements
				specifically identified are not applicable to the source, and the permit
				includes the determination or a concise summary thereof.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1215 - REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO OPERATIONAL FLEXIBILITY

Current through Register Vol. 13, July 5, 2024
(1) If requested by
				the applicant, the department shall issue an air quality operating permit that
				contains terms and conditions for reasonably anticipated operating scenarios
				identified by the source in its application as approved by the department. Such
				terms and conditions shall:
(a) require the
				source, contemporaneously with making a change from one reasonably anticipated
				operating scenario to another, to record in a log at the permitted facility a
				record of the reasonably anticipated scenario under which it is
				operating;
(b) extend the permit
				shield described in ARM
				17.8.1214 to all terms and
				conditions under each such reasonably anticipated operating scenario;
(c) require the source to provide
				contemporaneous written notification when the source shifts from one specified
				reasonably anticipated operating scenario to another such operating scenario;
				and
(d) ensure that the terms and
				conditions of each such reasonably anticipated operating scenario meet all
				applicable requirements and the requirements of this subchapter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1220 - AIR QUALITY OPERATING PERMIT ISSUANCE, RENEWAL, REOPENING, AND MODIFICATION

Current through Register Vol. 13, July 5, 2024
(1) An air quality operating permit, permit
				modification, or permit renewal may be issued only if all of the following
				conditions have been met:
(a) the department
				has received a complete application for a permit, permit revision, or permit
				renewal (applications for permit renewal or revision need only address those
				portions of the source that have or are proposed to be changed per the
				requirements of ARM
				17.8.1205(3) (a) 
				) ;
(b) the department has complied
				with the requirements for public participation under ARM
				17.8.1232;
(c) the department has complied with the
				requirements for notifying and responding to affected states under ARM
				17.8.1233;
(d) the conditions of the permit provide for
				compliance with all applicable requirements and the requirements of this part;
				and
(e) the administrator has
				received a copy of the proposed permit, all necessary supporting documentation,
				and any notices required under ARM 17.8.1233, and has not objected to issuance
				of the permit under
				17.8.1233 within 45 days of
				receipt of the proposed permit and all necessary supporting documentation;
				and
(f) if the administrator
				objects to the issuance of a permit, the department shall, within seven days of
				receipt of the administrator's objection, send the permit applicant a copy of
				the objection and any statement received from the administrator.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1221 - OPERATION WITHOUT AN AIR QUALITY OPERATING PERMIT AND APPLICATION SHIELD

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), ARM
				17.8.1224(3), and
				17.8.1226(6) and
				(10), no source required to obtain an air
				quality operating permit may operate after the time that it is required to
				submit a timely and complete application for a permit, except in compliance
				with a permit issued under this subchapter.
(2) If a source required to obtain an air
				quality operating permit submits a timely and complete application for permit
				issuance or renewal, the source's failure to have a permit is not a violation
				of this subchapter until the department takes final action on the permit
				application, except as otherwise noted in this subchapter. This protection
				becomes effective upon determination by the department that a timely
				application is administratively complete, as provided for in ARM
				17.8.1205(3), and
				shall cease to apply if, subsequent to the substantive completeness
				determination made pursuant to ARM
				17.8.1220(6), and
				as required by ARM
				17.8.1205(3), the
				applicant fails to submit by the deadline specified in writing by the
				department any additional information identified as being necessary to process
				the permit application. If the department's final action on any permit
				application under this subchapter is appealed to the board, the application
				shield, if in effect, shall remain in effect until such time as the board
				renders its final decision.
75-2-217,
					 75-2-218, MCA; IMP,
					 75-2-217,
					 75-2-218,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1222 - GENERAL AIR QUALITY OPERATING PERMITS

Current through Register Vol. 13, July 5, 2024
(1)
				The department may provide for a general air quality operating permit covering
				a source category with numerous similar sources, if it concludes that the
				category is appropriate for permitting on a generic basis.
(2) The department may provide for a general
				permit based upon its own initiative or the application of a source within the
				source category. The department shall provide a notice and opportunity for
				public participation, consistent with ARM
				17.8.1232. Such procedures may be
				combined with the rulemaking process before the department required for the
				adoption and incorporation by reference of a general permit.
(3) A general permit may be used to establish
				terms and conditions to implement applicable requirements for a source category
				or for new requirements that apply to sources with existing general permits, or
				to establish federally enforceable caps on emissions from sources in a specific
				category.
(4) A general permit may
				be appropriate under the following conditions:
(a) there are several permittees, permit
				applicants, or potential permit applicants who have the same or substantially
				similar operations, emissions, activities, or facilities;
(b) the permittees, permit applicants, or
				potential permit applicants emit the same types of regulated air
				pollutants;
(c) the operations,
				emissions, activities, or facilities are subject to the same or similar
				standards, limitations, and operating requirements; and
(d) the operations, emissions, activities or
				facilities are subject to the same or similar monitoring
				requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.12 - Operating Permit Program › Rule 17.8.1223 - TEMPORARY AIR QUALITY OPERATING PERMITS

Current through Register Vol. 13, July 5, 2024
(1)
				The department may issue an air quality operating permit authorizing emissions
				from similar operations by the same source owner or operator at multiple
				temporary locations. The operation must be temporary and involve at least one
				change of location during the term of the permit. No affected source may be
				permitted as a temporary source. Permits for temporary sources shall include
				those requirements set forth in ARM
				17.8.1210(5).
75-2-217, MCA; IMP,
					 75-2-217,
					 MCA;