reglab/statecodes huggingface dataset:
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 17.8.1603 - EMISSION CONTROL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator of an oil and gas well facility shall install and operate the
				following air pollution control equipment and comply with the following air
				pollution control practices:
(a) volatile
				organic compound (VOC) vapors greater than 500 British thermal units per
				standard cubic foot (BTU/scf) from oil and gas wellhead equipment must be
				routed to a gas pipeline, or, if a gas pipeline is not located within a 1/2
				mile of the oil and gas well facility, VOC vapors greater than 500 BTU/scf must
				be captured and routed to emissions minimizing technology or to a smokeless
				combustion device equipped with an electronic ignition device or a continuous
				burning pilot system;
(b) VOC
				vapors greater than 500 BTU/scf from oil and condensate storage tanks with the
				PTE of 15 TPY or greater must be captured and routed to a gas pipeline, or if a
				gas pipeline is not located within a 1/2 mile of the oil and gas well facility,
				VOC vapors greater than 500 BTU/scf from storage tanks with the PTE of 15 TPY
				must be captured and routed to emissions minimizing technology, or to a
				smokeless combustion device equipped with an electronic ignition device or a
				continuous burning pilot system;
(c) hydrocarbon liquids must be loaded into
				transport vehicles using submerged fill technology;
(d) VOC vapors greater than 500 BTU/scf from
				loading transport vehicles with the PTE greater than 15 TPY must be captured
				and routed to a gas pipeline, or, if a gas pipeline is not located within a 1/2
				mile of the oil and gas well facility, VOC vapors greater than 500 BTU/scf from
				loading transport vehicles with a PTE greater than 15 TPY must be routed to
				emissions minimizing technology, or to a smokeless combustion device equipped
				with an electronic ignition device or a continuous burning pilot
				system;
(e) stationary internal
				combustion engines of rich burn design greater than 85 brake horsepower (BHP)
				must be equipped with nonselective catalytic reduction or its equivalent to
				control air emissions;
(f)
				stationary internal combustion engines of lean burn design greater than 85 BHP
				must be equipped with oxidation catalytic reduction or its equivalent to
				control air emissions; and
(g) oil
				and gas well facility operations must comply with the ambient air quality
				standards for hydrogen sulfide and other criteria pollutants.
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 17.8.1604 - INSPECTION AND REPAIR REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				owner or operator of an oil and gas well facility shall inspect all VOC piping
				components for leaks each calendar month. Leak detection methods may
				incorporate the use of sight, sound, or smell.
(2) The owner or operator shall make the
				first attempt to repair any leaking VOC equipment within five days after the
				leak is detected.
(3) Any leaking
				VOC equipment must be repaired as soon as practicable, but no later than 15
				days after the leak is initially detected, unless the repair is technically
				infeasible without a facility shutdown. Such equipment shall be repaired before
				the end of the first facility shutdown after the leak is initially
				detected.
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 17.8.1605 - RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of an oil and gas well facility shall record, and maintain onsite or
				at a central field office, a record of each monthly inspection.
(2) Inspection records must include, at a
				minimum, the following information:
(a) the
				date of the inspection;
(b) the
				findings of the inspection;
(c) the
				leak determination method used;
(d)
				any corrective action taken; and
(e) the inspector's name and
				signature.
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 17.8.1606 - DELAYED EFFECTIVE DATE

Current through Register Vol. 13, July 5, 2024
(1) The
				requirements of ARM
				17.8.1601 through
				17.8.1605 are not effective until
				January 1, 2006.
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 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter:
(1) "Emitting unit" means:
(a) any equipment that emits or has the
				potential to emit any regulated air pollutant under the Clean Air Act of
				Montana through a stack(s) or vent(s) ; or
(b) any equipment from which emissions
				consist solely of fugitive emissions of a regulated air pollutant under the
				Clean Air Act of Montana.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1702 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a registration
				eligible facility may register with the department in lieu of submitting an
				application for, and obtaining, a Montana air quality permit (MAQP). Nothing in
				this subchapter precludes an owner or operator from obtaining and/or
				maintaining a MAQP in accordance with ARM Title 17, chapter 8, subchapter
				7.
(2) The owner or operator of an
				oil or gas well facility subject to the requirements of ARM Title 17, chapter
				8, subchapter 12, is not eligible to register under this subchapter.
75-2-111,
					 75-2-234, MCA; IMP,
					 75-2-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1703 - REGISTRATION PROCESS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) A
				registration eligible facility is registered upon the department's receipt of
				the form and information required in (2) and (3) and the appropriate fee
				required in ARM
				17.8.1704. The department shall
				acknowledge receipt of a registration within 30 days after receiving the
				registration.
(2) The owner or
				operator shall provide the following information to the department, using a
				form provided by the department:
(a) facility
				name and mailing address;
(b) owner
				or operator's name, address, and telephone number;
(c) physical location of facility (legal
				description to the nearest 1/4 section) ;
(d) contact person and telephone
				number;
(e) general nature of
				business;
(f) standard industrial
				classification code (SIC) ;
(g) SIC
				description;
(h) narrative
				description of the site and facility; and
(i) site map.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1704 - REGISTRATION FEE

Current through Register Vol. 13, July 5, 2024
(1) The
				registration fee required by ARM
				17.8.504 must be submitted to the
				department with each registration submitted under this subchapter. No fee is
				required for notifying the department, pursuant to ARM
				17.8.1703(4), of
				changes to registration information.
(2) The registration fee must be paid in its
				entirety at the time the registration form is submitted to the
				department.
75-2-111,
					 75-2-234, MCA; IMP,
					 75-2-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1705 - OPERATING REQUIREMENTS: FACILITY-WIDE

Current through Register Vol. 13, July 5, 2024
(1)
				The owner or operator of a registered facility shall allow the department's
				representatives access to the facility at all reasonable times for the purpose
				of making inspections or surveys, collecting samples, obtaining data, auditing
				any monitoring equipment, observing any monitoring or testing, and otherwise
				conducting all necessary functions related to this subchapter.
(2) The owner or operator of a registered
				facility shall monitor and record annual production information for all
				emission points, as required by the department in the annual emission inventory
				request. The request will include, but is not limited to, all emissions
				associated with emitting units registered to operate at the facility.
				Production information must be gathered on a calendar year basis and submitted
				to the department by the date required in the emission inventory request.
				Information must be in the units required by the department.
(3) The owner or operator of a registered
				facility shall maintain onsite records showing daily hours of operation and
				daily production rates and corresponding emission levels for the previous 12
				months. The records compiled in accordance with this subchapter must be
				maintained by the owner or operator for at least five years following the date
				of the measurement, must be available at the plant site, unless otherwise
				specified in this subchapter, for inspection by the department, and must be
				submitted to the department upon request.
75-2-111,
					 75-2-234, MCA; IMP,
					 75-2-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1710 - OIL OR GAS WELL FACILITIES GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a registration
				eligible oil or gas well facility may submit to the department a complete
				registration form, pursuant to ARM
				17.8.1701 through
				17.8.1705, within 60 days after
				the initial well completion date for the facility.
(2) The owner or operator of an oil or gas
				well facility who submits an application for a Montana air quality permit to
				the department prior to the effective date of this subchapter may request that
				the application be used in lieu of a registration form for registration of the
				oil or gas well facility by completing the form provided by the
				department.
(3) The owner or
				operator of a registered oil or gas well facility shall operate all emissions
				control equipment to provide the maximum air pollution control for which it was
				designed.
75-2-111,
					 75-2-203,
					 75-2-211,
					 75-2-234, MCA; IMP,
					 75-2-211,
					 75-2-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1711 - OIL OR GAS WELL FACILITIES EMISSION CONTROL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a registered oil
				or gas well facility shall install and operate the following air pollution
				control equipment and comply with the following air pollution control practices
				beginning at the time of registration:
(a)
				VOC vapors of 200 Btu/scf or greater from each piece of oil or gas well
				facility equipment, with a PTE greater than 15 tpy, must be captured and routed
				to a gas pipeline, routed to a smokeless combustion device equipped with an
				electronic ignition device or a continuous burning pilot system, meeting the
				requirements of 40 CFR
				60.18, and operating at a 95% or greater
				control efficiency, or routed to air pollution control equipment with equal or
				greater control efficiency than a smokeless combustion device. The phrase "oil
				or gas well facility equipment" includes, but is not limited to, wellhead
				assemblies, amine units, prime mover engines, phase separators, heater
				treatment units, dehydrator units, tanks, and connecting tubing, but does not
				include equipment such as compressor engines used for transmission of oil or
				natural gas;
(b) hydrocarbon
				liquids must be loaded into, or unloaded from, transport vehicles using
				submerged fill technology;
(c)
				stationary internal combustion engines of rich-burn design greater than 85
				brake horsepower (BHP) must be equipped with nonselective catalytic reduction
				or its equivalent to control air emissions; and
(d) stationary internal combustion engines of
				lean-burn design greater than 85 BHP must be equipped with oxidation catalytic
				reduction or its equivalent to control air emissions.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1712 - OIL OR GAS WELL FACILITIES INSPECTION AND REPAIR REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of an oil or gas
				well facility shall inspect all VOC piping components for leaks each calendar
				month. Leak detection methods may incorporate the use of sight, sound, or
				smell.
(2) The owner or operator
				shall make the first attempt to repair any leaking VOC equipment within five
				days after the leak is detected.
(3) The owner or operator shall repair any
				leaking VOC equipment as soon as practicable, but no later than 15 days after
				the leak is initially detected, unless the repair is technically infeasible
				without a facility shutdown. Such equipment shall be repaired before the end of
				the first facility shutdown after the leak is initially detected.
75-2-111,
					 75-2-234, MCA; IMP,
					 75-2-234,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.17 - Registration of Air Contaminant Sources › Rule 17.8.1713 - OIL OR GAS WELL FACILITIES RECORDKEEPING AND REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of an oil or gas
				well facility shall record, and maintain onsite or at a central field office, a
				record of each monthly inspection required by ARM
				17.8.1712.
(2) Inspection records must include, at a
				minimum, the following information:
(a) the
				date of the inspection;
(b) the
				findings of the inspection;
(c) the
				leak determination method used;
(d)
				any corrective action taken; and
(e) the inspector's name and
				signature.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Asphalt plant"
				means a facility used to manufacture asphalt by heating and drying aggregate
				and mixing it with asphalt cement.
(2) "Concrete batch plant" means a facility
				that combines various ingredients, such as sand, water, aggregate, fly ash,
				potash, cement, and cement additives, to form concrete.
(3) "Deregister" means to revoke a
				registration.
(4) "Drop point"
				means a location at which air emissions are generated from the transfer of
				materials, such as loading raw materials into a hopper or transferring
				materials between conveyers.
(5)
				"Dust suppression control" means the use of water, water spray bars, chemical
				dust suppression, wind fences, enclosures, or other dust control
				techniques.
(6) "Facility" means
				any real or personal property that is either portable or stationary and is
				located on one or more contiguous or adjacent properties under the control of
				the same owner or operator and that emits or has the potential to emit any air
				pollutant subject to regulation under the Clean Air Act of Montana or the
				Federal Clean Air Act and that has the same two-digit standard industrial
				classification code. A facility may consist of one or more emitting
				units.
(7) "Nonmetallic mineral"
				has the meaning given in 40 CFR Part 60, subpart OOO.
(8) "Nonmetallic mineral processing plant"
				means a facility consisting of equipment that is used to crush, grind, or
				screen nonmetallic minerals and associated material-handling equipment and
				transfer points. The term does not include facilities in underground mines or
				at other stationary sources subject to Montana air quality
				permitting.
(9) "Permanent
				location" means a physical location at which a registered facility may remain
				or does remain for more than 12 months.
(10) "Registered facility" means a facility
				that has been registered in accordance with this subchapter.
(11) "Registration" means the submission to
				the department of the completed registration notification under [17.8.1805
				].
(12) "Temporary location" means
				a physical location at which a registered facility remains for no more than 12
				months.
AUTH:
					 75-2-111,
					 75-2-234,
					 MCA; IMP:
					 75-2-234,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1802 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This subchapter applies to the following
				facilities:
(a) Nonmetallic mineral processing
				plants with annual production of less than 8,000,000 tons as a rolling 12-month
				total.
(b) Concrete batch plants
				with annual production of less than 1,000,000 cubic yards as a rolling 12-month
				total.
(c) Asphalt plants that:
(i) combust natural gas, propane, distillate
				fuel, waste oil, diesel, or biodiesel; and
(ii) have annual production of less than:
(A) 996,000 tons as a rolling 12-month total
				for drum mix plants; or
(B) 324,000
				tons as a rolling 12-month total for batch mix plants.
(d) Engines, such as power
				generators and other internal combustion engines, associated with any facility
				described in (a) through (c).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1805 - REGISTRATION PROCESS AND INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (3), the owner or operator of a facility that meets the
				applicability criteria of [17.8.1802 ] and that commences operation after [the
				effective date of this rule] shall:
(a)
				register the facility with the department prior to beginning initial
				operations; or
(b) register the
				facility with the department and request revocation of the associated Montana
				air quality permit (MAQP), if the owner or operator holds a valid MAQP for the
				facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1806 - GENERAL OPERATING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Registration of a facility under this subchapter does not relieve an owner or
				operator of the responsibility to comply with:
(a) applicable federal, state, or local
				statutes, rules, or orders; and
(b)
				control strategies contained in the Montana State Implementation
				Plan.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1807 - NOTICE OF LOCATION

Current through Register Vol. 13, July 5, 2024
(1) Unless the
				owner or operator of a facility required to be registered under this subchapter
				has previously submitted the location of a facility under [17.8.1805 ](4), the
				owner or operator shall submit to the department a notice of location for each
				facility, on a form provided by the department. The owner or operator shall
				submit the form at least 15 calendar days before commencing operation of the
				facility.
(2) If there is more than
				one type of facility listed in [17.8.1802 ] at the same location, the owner or
				operator shall submit a notice of location for each facility type.
(3) Upon receipt of a complete notice of
				location, the department shall publish notification on the department's website
				at
http://deq.mt.gov/Air/PublicEngagement
.
(4) The owner or operator shall confirm the
				location, in a manner prescribed by the department, within 10 calendar days
				after commencing operation at the location.
(5) The owner or operator shall notify the
				department, in a manner prescribed by the department, within 10 calendar days
				after removing all equipment of a single type from the location. Following such
				notification, the owner or operator shall comply with (1) through (4) prior to
				operating equipment of that type at the location again.
(6) An owner or operator may transfer
				equipment between any locations that have been identified under (1) and (2),
				unless the owner or operator has notified the department under (5) that all
				equipment of the same type has been removed from the location.
(7) A registered facility may not remain at a
				temporary location for more than twelve months. Before twelve months have
				elapsed, the owner or operator of the registered facility shall either:
(a) remove all equipment from the temporary
				location, according to the applicable requirements in this rule; or
(b) register the location as a permanent
				location.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1810 - DEREGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The department may deregister a facility:
(a) on written request of the owner or
				operator, or
(b) for a violation of
				this chapter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1811 - RECORDKEEPING AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) An owner or
				operator of a facility required to be registered under this subchapter shall
				make records that include:
(a) the location
				at which the facility was operated;
(b) daily production rates and rolling
				12-month total production in the units used in [17.8.1802 ](1);
(c) daily pressure drop readings, including
				daily water input rate or pressure, if applicable;
(d) daily horsepower hours of engines and
				rolling 12-month total horsepower hours, if applicable; and
(e) a log of required facility inspections,
				repairs, and maintenance.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1812 - REQUIREMENTS FOR CONCRETE BATCH PLANTS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2), an owner or operator of a concrete batch plant
				required to be registered under this subchapter shall control particulate
				emissions from the facility at all times during operation using:
(a) a fabric filter dust collector or
				equivalent on each cement silo, cement storage silo, or similarly enclosed
				storage bin or weigh hopper; and
(b) a particulate containment boot or
				equivalent on every product loadout opening.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.18 - Standards and Requirements for Sand and Gravel, Concrete, and Asphalt › Rule 17.8.1815 - REQUIREMENTS FOR ASPHALT PLANTS

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator of an asphalt plant required to register under this
				subchapter:
(a) shall limit particulate
				matter emissions to no more than:
(i) 0.04
				grains per dry standard cubic foot; or
(ii) 0.10 grains per dry standard cubic foot,
				for a facility that holds a valid MAQP containing this limit at the time of
				registration;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.101 - GENERAL PROVISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.102 - ELIGIBLE EXEMPTIONS FOR UPGRADES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.103 - ELIGIBLE EXEMPTIONS FOR RELOCATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.104 - ELIGIBLE EXEMPTIONS FOR RECONSTRUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.105 - NOTICE OF INTENT TO CONSTRUCT AN EXEMPT FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.106 - BOARD ACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.107 - CONSTRUCTION MONITORING BY DEPARTMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.1 - Transmission Line Exemption › Rule 17.20.108 - LOCAL, STATE, AND FEDERAL PERMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-202, MCA; IMP,
					 75-20-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, in this
				  subchapter:
(1) "Act" means the
				Montana Major Facility Siting Act, Title 75, chapter 20, MCA, as
				amended.
(2) "Department" means the
				department of environmental quality.
(3) "Environmental impact" means a change,
				adverse or beneficial, in the natural, cultural, or social setting created by
				some specific action.
(4)
				"Geothermal exploration plan" means the plan, actual or tentative, which a
				person has for the gathering of geological data by boring of test holes or
				other underground exploration, investigation, or experimentation related to
				possible future development of a facility employing geothermal resources for
				the ensuing 10 years after submission to the department under this
				subchapter.
(5) "Person" means any
				individual, association, partnership, corporation, governmental agency,
				political subdivision, or any other entity or organization engaged in or
				proposing to engage in the gathering of geological data by boring of test holes
				or other underground exploration, investigation, or experimentation, related to
				the possible future development of a utility facility employing geothermal
				resources.
(6) "Underground
				exploration, investigation, or experimentation" means any physical activity
				conducted on or below the surface of the earth resulting in disturbance of the
				earth including, but not limited to, the boring of test holes, the construction
				of roads, and the gathering of well log information.
(7) "Utility facility" as defined by
				75-20-104(10)(d),
				MCA, means any use of geothermal resources, including the use of underground
				space in existence or to be created, for the creation, use, or conversion of
				energy.
(8) "Well log" means an
				electrical, radiation, sonic, thermal, or other routine log run by mechanical
				means in a well or bore hole or any other log, survey, analysis, or report run
				or made.
75-20-1001, MCA; IMP,
					 75-20-1001,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.202 - GEOTHERMAL EXPLORATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) Each
				person shall submit a geothermal exploration plan on April 1, 1975, and each
				year thereafter to the department in an electronic format acceptable to the
				department.
(2) Maps, drawings, or
				charts may accompany a geothermal exploration plan as separate exhibits in an
				electronic format acceptable to the department.
(3) Within each geothermal exploration plan
				shall be included:
(a) any plans to gather
				geological data by boring of test holes or other underground exploration,
				investigation, or experimentation, related to possible future development of
				geothermal resources;
(b) the
				approximate dates for gathering geological and hydrogeological data by boring
				of test holes or other underground exploration, investigation, or
				experimentation, related to possible future development of geothermal resources
				shall be listed;
(c) a statement of
				the proposed activities to be conducted and the methods utilized;
(d) the general location, a description of
				the area involved, and the size and type of all drill holes, bore holes, or
				wells to be drilled, instruments, and all other equipment
				used.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.203 - INITIAL FIELD REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Before the
				boring of test holes or the initiation of other underground exploration,
				investigation, or experimentation, related to the possible future development
				of geothermal resources, every person shall submit an initial field report to
				the department in an electronic format acceptable to the department.
(2) Within each initial field report shall be
				included:
(a) a description, including an
				electronic map in a format acceptable to the department, of the area involved
				in the investigation shown on a suitable map, and the probable location of test
				holes, sample sites, access roads, staging areas, areas where trees or soil are
				to be removed, and all other such activities;
(b) a summary of environmental impacts which
				would be created by the planned activities and a description of any plans to
				lessen, eliminate, or enhance such environmental impacts;
(c) a description of activities and methods
				which will be employed in the investigation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.204 - PERIODIC FIELD REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Sixty days
				after the initiation of the boring of test holes or the initiation of other
				underground exploration, investigation, or experimentation, related to the
				possible future development of geothermal resources, and at 60-day intervals
				for the duration of the investigation, every person shall submit a periodic
				field report to the department in an electronic format acceptable to the
				department.
(2) Each periodic field
				report for its reporting period shall include:
(a) the location of holes drilled or
				underground experiments performed;
(b) the number, depth, and diameter of all
				hole(s) drilled;
(c) the kinds of
				well logs taken;
(d) the kinds of
				measurements taken (such as heat flow measurements);
(e) the casing installed, removed, or altered
				in any way;
(f) the methods of
				closing, plugging, or abandoning of any holes;
(g) the kinds of sampling, such as coring or
				cuttings taken.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.205 - FINAL FIELD REPORTS

Current through Register Vol. 13, July 5, 2024
(1) After cessation
				of geothermal investigation, every person shall submit a final field report to
				the department in an electronic format acceptable to the department.
(2) Within each final field report shall be
				included a summary of the previous periodic field reports for the entire
				investigation.
(3) If the
				investigation ceases 60 days after the initiation of the investigation the
				periodic field report and the final field report may be the same.
AUTH:
					 75-20-1001, MCA; IMP:
					 75-20-1001, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.206 - GEOLOGICAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Within 9 months
				of the initiation of the investigation or 6 months of the completion of the
				investigation, whichever comes first, and at intervals of 6 months for the
				duration of the investigation, every person shall submit a geological report to
				the department in an electronic format acceptable to the department.
(2) Within each geological report shall be
				included:
(a) a summary of all well
				logs;
(b) results of all
				measurements of geologic properties;
(c) data relating to the geologic structure,
				temperature, and composition of rocks and fluids as determined by the
				investigation;
(d) any other
				geologic data generated by the investigation which may be requested by the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.2 - Geothermal Investigation Reports › Rule 17.20.207 - CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) The pertinent technical data submitted
				pursuant to ARM
				17.20.204 through
				17.20.206 shall be for the
				exclusive use of the department and other state agencies involved in geothermal
				research or regulation, and shall remain confidential for a period of two years
				following commencement of operations for the drilling of an actual well for
				testing a potential geothermal resource or six months following completion of a
				well capable of producing a geothermal resource, unless approved in writing for
				release earlier by the person who submitted such data or unless such data are
				entitled to protection under the Uniform Trade Secrets Act, Title 30, chapter
				14, part 4, MCA.
(2) A person
				furnishing documents that the person believes are entitled to protection as
				trade secrets shall notify the department before or at the time the person
				furnishes the documents to the department. If the department determines that
				the information is protected, it shall maintain the documents as confidential.
				If the department determines that the documents are not entitled to protection,
				it shall notify the person and maintain the documents as confidential for a
				period reasonably necessary for the person to obtain a court order requiring
				the department to maintain confidentiality, or to retrieve the documents from
				the department.
75-20-1001, MCA; IMP,
					 75-20-1001,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.3 - General Provisions › Rule 17.20.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires and clearly states otherwise, in
				  these rules:
(1) "Act" means the
				Montana Major Facility Siting Act, Title 75, chapter 20, MCA.
(2) "Alternative technological component"
				means a reasonable alternate design for a process area or component of an
				energy generation or conversion facility including, but not limited to, cooling
				systems, fuel handling or transport systems, pollution control systems, coal
				combustion, and heat transfer systems.
(3) "Alternative transmission technology"
				means a reasonable alternate design for a transmission facility including, but
				not limited to, underground construction, alternative voltage or conductor
				sizes, direct current transmission, and alternative circuit design or
				deployment.
(4) "Applicant" means a
				person filing an application with the department and any other entities that
				will jointly own, operate, market, and/or use the output or services of the
				facility applied for in the application.
(5) "Application" means an application to the
				department for a certificate of compliance under
				75-20-211, MCA.
(6) "Assistance" means public support or
				subsidies including, but not limited to, tax credits, accelerated depreciation,
				loan guarantees, low interest loans, price supports and price
				guarantees.
(7) "Associated
				facilities" is defined in
				75-20-104(3),
				MCA.
(8) "Associated powerline"
				means an associated facility consisting of an electrical distribution or
				transmission line that:
(a) is not a facility
				defined in
				75-20-104, MCA; and
(b) is used in delivery of electrical energy
				to or from a generation or conversion facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.3 - General Provisions › Rule 17.20.302 - PUBLIC RECORD-CONFIDENTIALITY

Current through Register Vol. 13, July 5, 2024
(1) Any
				records, materials, or other information furnished pursuant to the Act or these
				rules are a matter of public record and are open to public inspection, unless
				they are entitled to protection under the Uniform Trade Secrets Act, Title 30,
				chapter 14, part 4, MCA.
(2) A
				person furnishing documents that the person believes are entitled to protection
				as trade secrets shall notify the department before or at the time the person
				furnishes the documents to the department. If the department determines that
				the information is protected, it shall maintain the documents as confidential.
				If the department determines that the documents are not entitled to protection,
				it shall notify the person and maintain the documents as confidential for a
				period reasonably necessary for the person to obtain a court order requiring
				the department to maintain confidentiality.
75-20-105,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.3 - General Provisions › Rule 17.20.303 - FORMAT

Current through Register Vol. 13, July 5, 2024
(1) Documents required by the Act and
				explained in these rules must be electronically submitted to the
				department.
(2) The text and
				attachments shall be consistently and consecutively numbered.
(3) Maps, drawings, charts, photographs or
				other illustrations may accompany a document as separate attachments that are
				sized and scaled appropriately to the material presented.
(4) The applicant must state the name, title,
				telephone number, email address, and post office address of the person to whom
				communications regarding the submissions to the department are to be
				made.
AUTH:
					 75-20-105, MCA; IMP:
					 75-20-105, MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.501 - GENERAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.502 - IDENTIFICATION OF FACILITIES AND EXPECTED APPLICATION DATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.503 - SERVICE AREA UTILITIES, FORECASTED ENERGY DEMAND AND SUPPLY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.504 - SERVICE AREA UTILITIES, POOLING, INTERCONNECTION, EXCHANGE, PURCHASE AND SALE AGREEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.505 - SERVICE AREA UTILITIES, NEGOTIATIONS OVER RESOURCE ACQUISITION OR SALE, POOLING, INTERCONNECTION, TRANSMISSION, EXCHANGE, PURCHASE OR SALE OF ENERGY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.5 - Long-Range Plans › Rule 17.20.506 - COMPETITIVE UTILITIES AND NONUTILITIES, PROJECTED DEMAND (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-20-105, MCA; IMP,
					 75-20-501,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.6 - Waivers › Rule 17.20.601 - WAIVER OF PROVISIONS OF CERTIFICATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) An applicant may request a waiver of any
				portions of the Act, as provided for in
				75-20-304, MCA.
75-20-105, MCA; IMP,
					 75-20-304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.6 - Waivers › Rule 17.20.602 - NOTIFICATION OF REQUEST FOR WAIVER

Current through Register Vol. 13, July 5, 2024
(1) The
				applicant shall submit a written notice of request for a waiver to the
				department, by certified mail or personal service. The notice must be
				accompanied by an affidavit of service showing that copies of the notice have
				been served on the department, and that public notice of the request for waiver
				has been given. Public notice shall be given to persons residing within the
				area in which any portion of the facility would be located if the waiver is
				granted. Notice shall be given by publication of a display ad containing a
				summary description of the facility and a summary of the contents of the
				request for waiver, once in each of three consecutive weeks in newspapers of
				general circulation in that area.
75-20-105, MCA; IMP,
					 75-20-105,
					 75-20-304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.6 - Waivers › Rule 17.20.603 - CONTENTS OF NOTICE OF REQUEST FOR WAIVER PURSUANT TO 75-20-304 (1) , MCA

Current through Register Vol. 13, July 5, 2024
(1) For a waiver of provisions described in
				75-20-304(1),
				MCA, the notice of request for waiver must contain the following information:
(a) an explanation of the need or demand for
				the proposed facility as described in subchapter 9, including a demonstration
				of the immediate and urgent need for the facility and nature of the
				consequences that would follow from a failure to obtain a waiver;
(b) a description of alternatives to the
				proposed facility which were considered and an explanation of the reasons for
				selecting the proposed facility;
(c) a description of the site for a
				non-linear facility or proposed location for the proposed linear facility,
				alternative sites or locations which were considered, an explanation of the
				reasons for selecting the proposed site or location, and a description of the
				significant environmental advantages and disadvantages of the proposed and
				alternate locations;
(d) a
				description of the circumstances which prevented the applicant from determining
				that a need for the proposed facility existed sufficiently in advance to comply
				with the requirements of the Act; and
(e) a listing of the provisions of the Act
				and this chapter for which the waiver is requested.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.6 - Waivers › Rule 17.20.604 - CONTENTS OF NOTICE OF REQUEST FOR WAIVER PURSUANT TO 75-20-304 (2) , MCA

Current through Register Vol. 13, July 5, 2024
For a waiver to replace or relocate a facility or associated
				  facility that has been damaged or destroyed as described in
				  75-20-304(2),
				  MCA, the notice of request for waiver must contain the following information.
				  This rule does not, however, apply to emergency repairs to a facility or
				  associated facility.
(1) a description
				of the event which caused the damage to or destruction of the facility or
				associated facility;
(2) a
				description of the extent of damage or destruction;
(3) a description of the effect on
				customers;
(4) an explanation of
				proposed actions to replace, repair or relocate the damaged or destroyed
				facility or associated facility; and
(5) a listing of the provisions of the Act
				and this chapter for which the waiver is requested.
75-20-105, MCA; IMP,
					 75-20-304(2),
					 MCA;