reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.804 - ELECTRONIC SUBSCRIBER AGREEMENT

Current through Register Vol. 13, July 5, 2024
(1) Before
				submitting an electronic record pursuant to a specific rule of the department
				or a department permit or license condition that allows submission of
				electronic records in lieu of paper documents and that requires conformance
				with this subchapter, a person shall first execute a written electronic
				subscriber agreement on a form provided by the department and submit the
				original signed paper agreement by U.S. Mail or hand delivery to the department
				staff member designated in the rule, permit, or license.
(2) The agreement form may be obtained from
				the department or downloaded and printed from the department's web site and
				must include the following agreements by each person who will submit electronic
				records:
(a) to protect the person's account
				security information and any required electronic signature device from
				compromise and from use by anyone other than that person;
(b) to contact the department staff member
				designated in the rule, permit, or license as soon as possible, but no later
				than one business day, after suspecting or determining that the person's
				account security information or any required electronic signature device has
				become lost, stolen, or otherwise compromised;
(c) to review the contents of all electronic
				submissions prior to submission;
(d) to be held as legally bound, obligated,
				or responsible by the submittal and content of electronic records as by the
				submittal and content of the paper documents for which the electronic records
				are substituted;
(e) for a person
				submitting an electronic record for which a signature is required, to be
				obligated and legally bound by use of an electronic signature in the same
				manner as with a handwritten signature;
(f) to contact the department staff member
				designated in the rule, permit, or license within five business days after
				submitting an electronic record pursuant to this subchapter if the person
				submitting the record does not receive an electronic notification identifying
				the record received, the signatory or other person submitting the record, and
				the date and time of receipt;
(g)
				if the person represents any person or entity other than himself or herself as
				an individual, to notify the department staff member designated in the rule,
				permit, or license if the person ceases to represent the other person or
				entity, as soon as this change in relationship occurs; and
(h) to retain a copy of the electronic
				subscriber agreement as long as the person is a signatory, or otherwise is
				responsible, for electronic submissions to the department or EPA pursuant to
				this subchapter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.805 - VALID ELECTRONIC SIGNATURE

Current through Register Vol. 13, July 5, 2024
(1) When a person
				uses an electronic signature device to create the person's electronic
				signature, the code or mechanism must be unique to that person at the time the
				signature is created.
(2) An
				authorized signatory may not allow another person to use the electronic
				signature device unique to his or her electronic signature.
(3) A signatory shall protect his or her
				electronic signature device from use by any other person and shall report to
				the department staff member designated in the rule, permit, or license, within
				one business day of discovery, any evidence that the security of the device has
				been compromised.
30-18-118, MCA; IMP,
					 30-18-117,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.806 - EFFECT OF ELECTRONIC SIGNATURE

Current through Register Vol. 13, July 5, 2024
(1) The
				presence of an electronic signature on an electronic record submitted pursuant
				to this subchapter establishes that the signatory intended to sign the
				electronic record and submit it to fulfill the purpose of the record.
(2) When an electronic record submitted
				pursuant to this subchapter bears an electronic signature, the electronic
				signature obligates and legally binds the person to the same extent as the
				signatory's handwritten signature on a paper document submitted to satisfy the
				same requirement.
30-18-118, MCA; IMP,
					 30-18-108,
					 30-18-117,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.4 - PROCEDURAL RULES › Subchapter 17.4.8 - Electronic Filing of Documents › Rule 17.4.807 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) If a person submitting an electronic
				record pursuant to this subchapter fails to comply with a requirement of this
				subchapter or a requirement of an electronic subscriber agreement, the person
				is subject to the same penalties or other remedies available for failure to
				submit the record.
(2) Nothing in
				this subchapter is intended to limit the use of an electronic record, copy of
				an electronic record, or other information derived from an electronic record as
				evidence in an enforcement proceeding or other proceeding.
30-18-118, MCA; IMP,
					 30-18-117,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this chapter, unless indicated otherwise in a
				  specific subchapter, the following definitions apply:
(1) "Administrator" means the administrator
				of the U.S. Environmental Protection Agency or the administrator's
				designee.
(2) "Air pollutants" has
				the meaning provided in
				75-2-103(3) ,
				MCA.
(3) "Air quality operating
				permit" means any permit or group of permits issued, renewed, revised, amended,
				or modified pursuant to subchapter 12 of this chapter.
(4) "Montana air quality permit" means a
				permit issued, altered or modified pursuant to subchapters 7, 8, 9, or 10 of
				this chapter.
(5) "Allowable
				emissions" means the emissions rate of a stationary source calculated using the
				maximum rated capacity of the source (unless the source is subject to federally
				enforceable limits which restrict the operating rate or hours of operation, or
				both) and the most stringent of the following:
(a) the applicable standards as set forth in
				ARM 17.8.340 or
				17.8.341;
(b) the applicable emissions limitation
				contained in the Montana state implementation plan, including those with a
				future compliance date; or
(c) the
				emissions rate specified as a federally enforceable permit condition.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.102 - INCORPORATION BY REFERENCE - PUBLICATION DATES AND AVAILABILITY OF REFERENCE DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				expressly provided otherwise in this chapter, where the department has:
(a) adopted a federal regulation by
				reference, the reference is to the July 1, 2016, edition of the Code of Federal
				Regulations (CFR), as it is published on the web site of the U.S. Government
				Printing Office at
https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2016&=Go
;
(b) adopted a section of the United States
				Code (USC) by reference, the reference is to the 2015 edition of the USC as it
				is published on the web site of the U.S. Government Printing Office at
https://www.gpo.gov/fdsys/browse/collectionUScode.action?selectedYearFrom=2015&=Go
;
(c) adopted a rule of the state of Montana
				from another chapter of the Administrative Rules of Montana (ARM), the
				reference is to the rule in effect on September 30, 2015.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.103 - 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 50,
				Appendix B, pertaining to the reference method for the determination of
				suspended particulate matter in the atmosphere (high-volume method);
(b) 40 CFR Part 50, Appendix J, pertaining to
				reference methods for the determination of particulate matter as PM-10 in the
				atmosphere;
(c) 40 CFR Part 51,
				Appendix M, pertaining to recommended test methods for state implementation
				plans;
(d) 40 CFR Part 51, Appendix
				P, pertaining to EPA minimum emission monitoring requirements;
(e) 40 CFR Part 53, pertaining to ambient air
				monitoring reference methods and equivalent methods;
(f) 40 CFR Part 60, Appendix A, pertaining to
				EPA emission source reference test methods for stationary sources;
(g) 40 CFR Part 60, Appendix B, pertaining to
				EPA performance specification and test procedures for continuous emission
				monitoring systems;
(h) 40 CFR Part
				61, Appendix B, pertaining to EPA emission source reference test methods for
				sources subject to national emission standards for hazardous air
				pollutants;
(i) 40 CFR Part 63,
				pertaining to emission standards for hazardous air pollutant source
				categories;
(j) ARM Title 17,
				chapter 53, subchapter 5, pertaining to the identification and listing of
				hazardous waste;
(k) ARM Title 17,
				chapter 53, subchapter 10, pertaining to standards for the management of
				specific hazardous wastes and specific types of hazardous waste management
				facilities;
(l) section
				75-10-403(8),
				MCA, pertaining to the statutory definition of "hazardous waste";
(m) section 112(b)(1) of the Federal Clean
				Air Act (FCAA), as codified in
				42 USC
				7412(b)(1), pertaining to
				substances designated as hazardous air pollutants; and
(n) the Montana Source Test Protocol and
				Procedures Manual (July 1994 ed.), a department manual pertaining to sampling
				and data collection, recording, analysis, and transmittal
				requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.105 - TESTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any person or
				persons responsible for the emission of any air contaminant into the outdoor
				atmosphere shall upon written request of the department provide the facilities
				and necessary equipment including instruments and sensing devices and shall
				conduct tests, emission or ambient, for such periods of time as may be
				necessary using methods approved by the department. Such emission or ambient
				tests shall include, but not be limited to, a determination of the nature,
				extent, and quantity of air contaminants which are emitted as a result of such
				operation at all sampling points designated by the department. These data shall
				be maintained for a period of not less than one year and shall be available for
				review by the department. Such testing and sampling facilities may be either
				permanent or temporary at the discretion of the person responsible for their
				provision, and shall conform to all applicable laws and regulations concerning
				safe construction or safe practice.
(2) All sources subject to the requirements
				of 40 CFR Part 51, Appendix P, incorporated by reference in ARM
				17.8.103, must install, calibrate,
				maintain, and operate equipment for continuously monitoring and recording
				emissions. All subject sources must have installed all necessary equipment and
				shall have begun monitoring and recording emissions data in accordance with
				Appendix P by January 31, 1988.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.106 - SOURCE TESTING PROTOCOL

Current through Register Vol. 13, July 5, 2024
(1) The
				requirements of this rule apply to any emission source testing conducted by the
				department, any source, or any other entity as required by any rule in this
				chapter, or any permit or order issued pursuant to this chapter, or the
				provisions of the Clean Air Act of Montana,
				75-2-101, et seq., MCA.
(2) All emission source testing, sampling and
				data collection, recording, analysis, and transmittal must be performed as
				specified in the Montana Source Test Protocol and Procedures Manual, unless
				alternate equivalent requirements are determined by the department and the
				source to be appropriate, and prior written approval has been obtained from the
				department. If the use of an alternative test method requires approval by the
				administrator, that approval must also be obtained.
(3) Unless otherwise specified in the Montana
				Source Test Protocol and Procedures Manual or elsewhere in this chapter, all
				emission source testing must be performed as specified in any applicable
				sampling method contained in: 40 CFR Part 60, Appendix A; 40 CFR Part 60,
				Appendix B; 40 CFR Part 61, Appendix B; 40 CFR Part 51, Appendix M; 40 CFR Part
				51, Appendix P; and 40 CFR Part 63. Such emission source testing must also be
				performed in compliance with the requirements of the EPA Handbook for Air
				Pollution Measurement Systems. Alternative equivalent requirements may be used
				if the department and the source have determined that such alternative
				equivalent requirements are appropriate, and prior written approval has been
				obtained from the department. If approval by the administrator of an
				alternative test method is required, that approval must also be
				obtained.
(4) Failure to comply
				with this rule shall constitute a violation of this rule, and may result in the
				partial or complete rejection by the department of the appropriate emission
				source testing data. The partial or complete rejection by the department of the
				appropriate emission source testing data may subsequently result in a
				determination by the department that a permit application is incomplete, that
				insufficient data is available to determine compliance with an emission
				limitation or standard and additional testing is necessary to demonstrate
				compliance, or that insufficient data is available to determine the correct fee
				required under subchapter 5 and additional testing is necessary.
(5) Any changes to the Montana Source Test
				Protocol and Procedures Manual shall follow the appropriate rulemaking
				procedures.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.110 - MALFUNCTIONS

Current through Register Vol. 13, July 5, 2024
(1) "Malfunction" means any sudden and
				unavoidable failure to operate in a normal manner by air pollution control
				equipment, process equipment, or a process that affects emissions. A failure
				caused entirely or in part by poor maintenance, careless operation, poor
				design, or any other preventable upset condition or preventable equipment
				breakdown is not a malfunction.
(2)
				The department must be notified promptly by telephone whenever a malfunction
				occurs that is expected to create emissions in excess of any applicable
				emission limitation, or to continue for a period greater than four hours. If
				telephone notification is not immediately possible, notification at the
				beginning of the next working day is acceptable. The notification must include
				the following information:
(a) identification
				of the emission points and equipment causing the excess emissions;
(b) magnitude, nature, and cause of the
				excess emissions;
(c) to the extent
				known, time and duration of the excess emissions;
(d) description of the corrective actions
				taken or expected to be taken to remedy the malfunction and to limit the excess
				emissions;
(e) information
				sufficient to assure the department that the failure to operate in a normal
				manner by the air pollution control equipment, process equipment, or processes
				was not caused entirely or in part by poor maintenance, careless operation,
				poor design, or any other preventable upset condition or preventable equipment
				breakdown; and
(f) readings from
				any continuous emission monitor on the emission point and readings from any
				ambient monitors near the emission point.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.111 - CIRCUMVENTION

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or permit the
				installation or use of any device or any means which, without resulting in
				reduction in the total amount of air contaminant emitted, conceals or dilutes
				an emission of air contaminant which would otherwise violate an air pollution
				control regulation.
(2) No
				equipment that may produce emissions shall be operated or maintained in such a
				manner that a public nuisance is created.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.120 - VARIANCE PROCEDURES-INITIAL APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Initial application for exemption may be
				in the form of a letter, and must be submitted to the department with copies
				sent to the parties. The application must contain or be accompanied by
				information and data to show that:
(a) the
				emissions occurring or proposed to occur do not constitute a danger to public
				health or safety; and
(b)
				compliance with the rules from which exemption is sought would produce hardship
				without equal or greater benefits to the public.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.121 - VARIANCE PROCEDURES-RENEWAL APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) No renewal of exemption shall be granted
				except on application, submitted on a form designated "application for renewal"
				form obtained from the department.
(2) Public notice of the renewal application
				shall be given at the applicant's expense immediately prior to the submission
				of the application, in the following manner:
(a) By publication and notice at least once
				in a newspaper of general circulation published within the geographical area
				wherein the plant or equipment is located.
(b) The notice shall state, in effect, that
				application is being made to the department to renew an exemption permit to
				allow the continued operation of equipment or plant at a specified address,
				which equipment or plant emits air contaminants not otherwise allowed by rules
				of the department. The notice shall also state the name and business address of
				the applicant.
(c) A copy of the
				notice, certified as to the manner of publication, shall be filed with the
				department concurrent with the publication.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.130 - ENFORCEMENT PROCEDURES-NOTICE OF VIOLATION-ORDER TO TAKE CORRECTIVE ACTION

Current through Register Vol. 13, July 5, 2024
(1) A written notice of violation may
				contain, but is not limited to:
(a) the name
				of the alleged violator;
(b) the
				last known address of the alleged violator;
(c) the number of the permit, if any, issued
				under 75-2-204 and
				75-2-211, MCA;
(d) a summary of the complaint made by the
				department including:
(i) the specific
				provisions of the statute, rule or permit alleged to be violated; and
(ii) the specific facts alleged to constitute
				a violation; and
(e) any
				order to take corrective action, order to pay an administrative penalty, or
				both; and
(f) if the department has
				issued an order to take corrective action, a statement in conspicuous type
				stating that the alleged violator will be found in default and the order will
				become final and enforceable unless, not later than 30 days after the notice is
				received, the person named requests, in writing, a hearing before the
				board.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.131 - ENFORCEMENT PROCEDURES-APPEAL TO BOARD

Current through Register Vol. 13, July 5, 2024
(1)
				If the alleged violator desires to petition the board for hearings, the form of
				the petition shall be in substantially the following form:
(a) The name, address and telephone number of
				the petitioner, or other person authorized to receive service of
				notices.
(b) The type of business
				or activity involved, and the address of such business.
(c) A brief summary of the accusations made
				by the department in its notice of violation, and the date of such
				notice.
(d) A statement that
				petitioner denies the allegations in full or in part, and that he seeks a
				hearing to protest the issuance of any corrective order.
(e) The petitioner shall sign the petition,
				or it shall be signed by some person on his behalf, and the authority of such
				other person so signing must appear.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.132 - CREDIBLE EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of submitting a compliance certification required pursuant to this chapter, or
				establishing whether or not a person has violated or is in violation of any
				standard or limitation adopted pursuant to this chapter or Title 75, chapter 2,
				MCA, nothing in these rules shall preclude the use, including the exclusive
				use, of any credible evidence or information, relevant to whether a source
				would have been in compliance with such standard or limitation if the
				appropriate performance or compliance test procedures or methods had been
				performed. However, when compliance or noncompliance is demonstrated by a test
				or procedure provided by permit or other applicable requirement, the owner or
				operator shall then be presumed to be in compliance or noncompliance unless
				that presumption is overcome by other relevant credible evidence.
75-2-111,
					 75-2-201,
					 75-2-203,
					 75-2-217, MCA; IMP,
					 75-2-203,
					 75-2-217,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.140 - REHEARING PROCEDURES-FORM AND FILING OF PETITION

Current through Register Vol. 13, July 5, 2024
(1) The petition shall contain the following
				information:
(a) The name, address and
				telephone number of the aggrieved party or other party authorized to receive
				service of notices.
(b) The file or
				docket number assigned by the board to the original hearing from which
				rehearing is requested, and any additional identifying title assigned to the
				original hearing.
(c) A brief
				summary of the issues involved in the original hearing.
(d) A statement of which subsection under the
				statute the petitioner asserts is the jurisdictional basis for the grant of a
				rehearing.
(e) A summary argument
				stating why petitioner is entitled to a rehearing under the subsection cited as
				his jurisdictional basis.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.141 - REHEARING PROCEDURES-FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The aggrieved party shall file his
				petition for a rehearing within 20 days following his receipt of the board's
				written decision adverse to his interest.
75-2-111, MCA; IMP,
					 75-2-411,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.142 - REHEARING PROCEDURES-BOARD REVIEW

Current through Register Vol. 13, July 5, 2024
(1) The
				board must act within a reasonable time to grant or deny petitioner's request
				for rehearing, but in no event shall such time exceed 30 days following receipt
				of said petition.
(2) Procedure
				shall be in accordance with the rules of procedure for adversary or contested
				cases if the original hearing concerned enforcement, emergency procedures or
				where adjudicated facts were at issue; if the original hearing concerned
				variance procedure, substantive rulemaking or the establishment of local air
				pollution control programs, rules of procedure for appellate type hearings will
				be used.
75-2-111, MCA; IMP,
					 75-2-411,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.150 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter, the following terms have the
				  following meanings:
(1) "Board" means
				the Board of Environmental Review provided for in
				2-15-3502, MCA.
(2) "Potential conflict of interest" means:
(a) any income from a regulated person;
				or
(b) any interest or relationship
				that would preclude the individual having the interest or relationship from
				being considered one who represents the public interest.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.151 - BOARD ACTION

Current through Register Vol. 13, July 5, 2024
(1) The board may
				not take action on any contested case matter that arises under the Clean Air
				Act of Montana unless a majority of members of the board at the time of the
				action:
(a) represent the public interest;
				and
(b) do not derive a significant
				portion of income from regulated persons.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.1 - General Provisions › Rule 17.8.152 - REPORTING

Current through Register Vol. 13, July 5, 2024
(1) At the first
				meeting each calendar year and prior to the first meeting following a change in
				the board's membership, each board member who represents the public interest
				and does not derive a significant portion of income from regulated persons
				shall file with the board secretary a written certification of this
				status.
(2) If, subsequent to
				making a certification under (1), a board member no longer represents the
				public interest or has begun to derive a significant portion of income from
				regulated persons, the member shall file with the board a written withdrawal of
				certification.
(3) Whenever the
				board is prohibited by ARM 17.8.151 from taking action, the chairman shall
				notify the Governor of this fact in writing and shall in the notice list the
				members of the board who do not represent the public interest or who derive a
				significant portion of income from regulated persons.
(4) Each board member who has a potential
				conflict of interest shall file with the board a written disclosure of the
				interest that creates the potential conflict.
AUTH:
					 75-2-111, MCA; IMP:
					 75-2-111,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following words and phrases shall
				  have the following meanings:
(1) "Act"
				means the Montana Clean Air Act.
(2) "Administrator," as used in 40 CFR Part
				58, means the department.
(3)
				"Ambient air quality standards" means a permissible level of an air contaminant
				in the ambient air as defined by the maximum frequency with which a specified
				level may be exceeded or by a maximum level of an air contaminant in or on body
				or plant tissues.
(4) "Annual
				average" means an arithmetic average of any four consecutive valid calendar
				quarterly averages, where calendar quarterly averages are determined as
				specified in (3)(a) and (b); except that for hourly data at least 6,570 valid
				hourly averages must be contained in the four consecutive calendar quarters.
(a) For hourly data, the calendar quarterly
				average is the arithmetic average of all valid hourly averages collected during
				the quarter, except that the minimum number of valid hourly averages necessary
				to determine a valid quarterly average is 65% of the hourly averages contained
				in the quarter.
(b) For 24-hour
				data, the calendar quarterly average is the arithmetic average of all valid
				interval averages, except that the minimum number of valid interval averages
				necessary to determine a valid quarterly average is 80% of the interval
				averages contained in the quarter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.202 - 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) The Montana
				Ambient Air Monitoring Program Quality Assurance Project Plan (2023), a
				department manual that specifies ambient air sampling and data collection,
				recording, analysis, and transmittal requirements that pertain only to the
				department's monitoring program;
(b) 40 CFR Part 50 , specifying the national
				ambient air quality standards and ambient air quality monitoring reference
				methods except for the following changes:
				40 CFR
				50.14(c)(1) and (2) are
				replaced by 40 CFR
				50.14(c)(1) and (2) as
				published in 81 FR 68216 on October 3, 2016;
(c) 40 CFR Part 53 , specifying ambient air
				monitoring reference methods and equivalent methods; and
(d) 40 CFR Part 58 , specifying criteria and
				requirements for ambient air quality monitoring and reporting.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.204 - AMBIENT AIR MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The
				requirements of this rule apply to any ambient air monitoring performed by the
				department or any other entity that is:
(a)
				required by this chapter;
(b) used
				to demonstrate compliance with this chapter;
(c) submitted in an application for, or to
				comply with a condition of, a permit under this chapter; or
(d) used to satisfy any applicable
				requirement of Title 75, chapter 2, MCA, or the federal Clean Air Act,
				42 USC
				7401 through
				7671 g, or implementing
				regulations, for which the department has oversight.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.205 - ENFORCEABILITY

Current through Register Vol. 13, July 5, 2024
(1) Any person who violates any provision of
				this subchapter shall be subject to the enforcement provisions of the Act.
				Except as otherwise provided in this subchapter, the ambient air quality
				standards are applicable throughout the state of Montana.
75-2-111,
					 75-2-202, MCA; IMP,
					 75-2-202,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.206

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-2-111,
					 75-2-202, MCA; IMP,
					 75-2-202,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.210 - AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of sulfur dioxide in the ambient air which exceed any of the
				following standards:
(a) hourly average: 0.50
				ppm, one-hour average, not to be exceeded more than 18 times in any 12
				consecutive months;
(b) twenty-four
				hour average: 0.10 ppm, 24-hour average, not to be exceeded more than once per
				year;
(c) annual average: 0.02 ppm,
				annual average, not to be exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.211 - AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of nitrogen dioxide in the ambient air which exceed any of the
				following standards:
(a) hourly average: 0.30
				ppm, one-hour average, not to be exceeded more than once per year;
(b) annual average: 0.05 ppm, annual average,
				not to be exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.212 - AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of carbon monoxide in the ambient air which exceed any of the
				following standards:
(a) Hourly average: 23
				ppm, hourly average, not to be exceeded more than once per year.
(b) Eight-hour average: 9 ppm, eight-hour
				average, not to be exceeded more than once per year.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.213 - AMBIENT AIR QUALITY STANDARD FOR OZONE

Current through Register Vol. 13, July 5, 2024
(1)
				No person shall cause or contribute to concentrations of ozone in the ambient
				air which exceed the following standard:
(a)
				hourly average: 0.10 ppm one-hour average, not to be exceeded more than once
				per year.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.214 - AMBIENT AIR QUALITY STANDARD FOR HYDROGEN SULFIDE

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of hydrogen sulfide in the ambient air which exceed the
				following standard:
(a) hourly average: 0.05
				ppm, one-hour average, not to be exceeded more than once per year.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.220 - AMBIENT AIR QUALITY STANDARD FOR SETTLED PARTICULATE MATTER

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of particulate matter in the ambient air such that the mass of
				settled particulate matter exceeds the following standard:
(a) thirty-day average: 10
				gm/m2, 30-day average, not to be exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.221 - AMBIENT AIR QUALITY STANDARD FOR VISIBILITY

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or contribute to
				concentrations of particulate matter such that the scattering coefficient of
				particulate matter in the ambient air exceeds the following standard:
(a) annual average: 3 x
				10-5 per meter, annual average, not to be
				exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.222 - AMBIENT AIR QUALITY STANDARD FOR LEAD

Current through Register Vol. 13, July 5, 2024
(1)
				No person shall cause or contribute to concentrations of lead in the ambient
				air which exceed the following standard:
(a)
				ninety-day average: 1.5 µg/m3 of air, 90-day
				average, not to be exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.223 - AMBIENT AIR QUALITY STANDARD FOR PM-10

Current through Register Vol. 13, July 5, 2024
(1)
				No person may cause or contribute to concentrations of PM-10 in the ambient air
				which exceed the following standards:
(a)
				Twenty-four hour average: 150 µg/m3 of air,
				24-hour average, with no more than one expected exceedance per calendar
				year.
(b) Annual average: 50
				µg/m3 of air, expected annual average, not to
				be exceeded.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.2 - Ambient Air Quality › Rule 17.8.230 - FLUORIDE IN FORAGE

Current through Register Vol. 13, July 5, 2024
(1) No person may
				cause or contribute to concentrations of fluoride in or on forage which exceed
				the following standards:
(a) monthly average:
				50 µg/g.
(b) grazing season
				average: 35 µg/g.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.302 - 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 and
				modifications, with the following exceptions:
(i)
											40 CFR
				60.1500 through
				1940 and tables 1 through 8
				(subpart BBBB), emission guidelines for existing small municipal waste
				combustion units, are not incorporated by reference;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.304 - VISIBLE AIR CONTAMINANTS

Current through Register Vol. 13, July 5, 2024
(1) No person may
				cause or authorize emissions to be discharged into the outdoor atmosphere from
				any source installed on or before November 23, 1968, that exhibit an opacity of
				40% or greater averaged over six consecutive minutes. The provisions of this
				section do not apply to transfer of molten metals or emissions from transfer
				ladles.
(2) No person may cause or
				authorize emissions to be discharged into the outdoor atmosphere from any
				source installed after November 23, 1968, that exhibit an opacity of 20% or
				greater averaged over 6 consecutive minutes.
(3) During the building of new fires,
				cleaning of grates, or soot blowing, the provisions of (1) and (2) shall apply,
				except that a maximum average opacity of 60% is permissible for not more than
				one four-minute period in any 60 consecutive minutes. Such a four-minute period
				means any four consecutive minutes.
(4) This rule does not apply to emissions
				from:
(a) wood-waste burners;
(b) incinerators;
(c) motor vehicles;
(d) those new stationary sources listed in
				ARM 17.8.340 for which a visible
				emission standard has been promulgated;
(e) residential solid-fuel combustion devices
				such as fireplaces and wood or coal stoves; or
(f) recovery furnaces at kraft pulp
				mills.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.308 - PARTICULATE MATTER, AIRBORNE

Current through Register Vol. 13, July 5, 2024
(1) No person
				shall cause or authorize the production, handling, transportation, or storage
				of any material unless reasonable precautions to control emissions of airborne
				particulate matter are taken. Such emissions of airborne particulate matter
				from any stationary source shall not exhibit an opacity of 20% or greater
				averaged over six consecutive minutes, except for emission of airborne
				particulate matter originating from any transfer ladle or operation engaged in
				the transfer of molten metal which was installed or operating prior to November
				23, 1968.
(2) No person shall cause
				or authorize the use of any street, road, or parking lot without taking
				reasonable precautions to control emissions of airborne particulate
				matter.
(3) No person shall operate
				a construction site or demolition project unless reasonable precautions are
				taken to control emissions of airborne particulate matter. Such emissions of
				airborne particulate matter from any stationary source shall not exhibit an
				opacity of 20% or greater averaged over six consecutive minutes.
(4) Within any area designated nonattainment
				in 40 CFR
				81.327 for PM, any person who owns or
				operates:
(a) any existing source of airborne
				particulate matter shall apply reasonably available control technology
				(RACT);
(b) any new source of
				airborne particulate matter that has a potential to emit less than 100 tons per
				year of particulate matter shall apply best available control technology
				(BACT);
(c) any new source of
				airborne particulate matter that has a potential to emit more than 100 tons per
				year of particulate matter shall apply lowest achievable emission rate
				(LAER).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.309 - PARTICULATE MATTER, FUEL BURNING EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) No person shall cause or authorize
				particulate matter caused by the combustion of fuel to be discharged from any
				stack or chimney into the outdoor atmosphere in excess of the rates in the
				following table:
Maximum Allowable Emissions of
Particulate Matter in lbs. per
Million British Thermal Units
Heat Input in Million
Existing
New
British Thermal Units
Fuel Burning
Fuel Burning
per Hour
Equipment
Equipment
10 and below
0.60
0.60
100
0.40
0.35
1,000
0.28
0.20
10,000 and above
0.19
0.12
(2)
				When the heat input falls between any two consecutive heat input values in the
				preceding table, maximum allowable emissions of particulate matter for existing
				fuel burning equipment and new fuel burning equipment must be calculated using
				the following equations:
For existing fuel burning equipment: E = 0.882 *
				  H-0.1664
For new fuel burning equipment: E = 1.026 *
				  H-0.233
Where H is the heat input capacity in MMBtu per hour and E is
				  the maximum allowable particulate emissions rate in lbs. per MMBtu.
For the purposes of this rule, heat input will be calculated
				  as the aggregate heat content of all fuels (using the upper limit of their
				  range of heating value) whose products of combustion pass through the stack or
				  chimney.
(3) When two or
				more fuel burning units are connected to a single stack, the combined heat
				input of all units connected to the stack shall not exceed that allowable for
				the same unit connected to a single stack.
(4) This rule does not apply to emissions
				from residential solid fuel combustion devices such as fireplaces and wood and
				coal stoves.
(5) This rule does not
				apply to particulate matter emitted from:
(a)
				those new stationary sources listed in ARM
				17.8.340 for which a particulate
				emission standard has been promulgated; and
(b) sources constructed after March 16, 1979,
				that have a specific particulate emission limitation contained in a Montana air
				quality permit obtained under ARM Title 17, chapter 8, subchapter 7, a court
				order, board order or department order, or a process-specific rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.310 - PARTICULATE MATTER, INDUSTRIAL PROCESSES

Current through Register Vol. 13, July 5, 2024
(1)
				No person shall cause or authorize particulate matter to be discharged, from
				any operation, process or activity, into the outdoor atmosphere in excess of
				the amount shown in the following table:
Maximum Hourly Allowable
Emissions of Particulate Matter
Process Weight Rate
lb/hr
Tons/hr
0.05
0.551
0.10
0.877
0.20
1.40
0.30
1.83
0.40
2.22
0.50
2.58
0.75
3.38
1.00
4.10
1.25
4.76
1.50
5.38
1.75
5.96
2.00
6.52
2.50
7.58
3.00
8.56
3.50
9.49
4.00
10.40
4.50
11.20
5.00
12.00
6.00
13.60
8.00
16.50
9.00
17.90
10.00
19.20
15.00
25.20
20.00
30.50
25.00
35.40
30.00
40.00
35.00
41.30
40.00
42.50
45.00
43.60
50.00
44.60
60.00
46.30
70.00
47.80
80.00
49.00
100.00
51.20
500.00
69.00
1,000.00
77.60
3,000.00
92.70
(2)
				When the process weight rate falls between two process weight rate values in
				the table, or exceeds 3,000 tons per hour, the maximum hourly allowable
				emissions of particulate matter must be calculated using the following
				equations:
(a) Maximum hourly allowable
				emissions of particulate matter, for process weight rates up to 30 tons per
				hour, must be calculated using the following equation:
E = 4.10 P0.67
(b) Maximum hourly allowable emissions of
				particulate matter, for process weight rates in excess of 30 tons per hour,
				must be calculated using the following equation:
E = 55.0 P0.11 - 40
Where E = rate of emission in pounds per hour and P = process
				  weight rate in tons per hour.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.315 - ODORS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.3 - Emission Standards › Rule 17.8.316 - INCINERATORS

Current through Register Vol. 13, July 5, 2024
(1) An incinerator may not be used to burn
				solid or hazardous waste unless the incinerator is a multiple chamber
				incinerator or has a design of equal effectiveness approved by the department
				prior to installation or use.
(2) A
				person may not cause or authorize to be discharged into the outdoor atmosphere
				from any incinerator, particulate matter in excess of 0.10 grains per standard
				cubic foot of dry flue gas, adjusted to 12% carbon dioxide and calculated as if
				no auxiliary fuel had been used.
(3) A person may not cause or authorize to be
				discharged into the outdoor atmosphere from any incinerator emissions which
				exhibit an opacity of 10% or greater averaged over six consecutive
				minutes.
(4) To determine
				compliance with this rule, the department may direct that an incinerator not be
				operated at any time other than between the hours of 8:00 a.m. and 5:00 p.m.
				When operation of an incinerator is prohibited by the department, the owner or
				operator of the incinerator shall store any solid or hazardous waste in a
				manner that will not create a fire hazard or arrange for removal and disposal
				of the solid or hazardous waste in a manner consistent with ARM Title 17,
				chapter 50, subchapter 5.
(5) This
				rule applies to performance tests for determining emissions of particulate
				matter from incinerators. All performance tests shall be conducted while the
				affected facility is burning solid or hazardous waste representative of normal
				operation. Testing shall be conducted in accordance with ARM
				17.8.106 and the Montana Source
				Test Protocol and Procedures Manual.
(6) This rule does not apply to incinerators
				for which a Montana air quality permit has been issued under
				75-2-215, MCA, and ARM
				17.8.770.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-203,
					 MCA;