reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.743 - MONTANA AIR QUALITY PERMITS-WHEN REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM
				17.8.744,
				17.8.745, and
				17.8.1602, a person may not
				construct, install, modify, or operate any of the following without first
				obtaining a Montana air quality permit issued by the department:
(a) a new facility or emitting unit with the
				potential to emit airborne lead in an amount greater than five tons per year or
				a modification to an existing facility or emitting unit that results in an
				increase in the facility or emitting unit's potential to emit airborne lead by
				an amount greater than 0.6 tons per year;
(b) asphalt concrete plants, mineral
				crushers, and mineral screens that have the potential to emit more than 15 tons
				per year of any airborne pollutant, other than lead, that is regulated under
				this chapter;
(c) any incinerator,
				as defined in
				75-2-103(11),
				MCA, and that is subject to the requirements of
				75-2-215, MCA;
(d) any facility or emitting unit upon which
				construction commenced, or that was installed, before November 23, 1968, when
				that facility or emitting unit is modified after that date and the modification
				increases the potential to emit by more than 25 tons per year of any airborne
				pollutant, other than lead, that is regulated under this chapter; or
(e) any other facility or emitting unit upon
				which construction was commenced, or that was installed, after November 23,
				1968, that is not specifically excluded under ARM 17.8.744, and that has the
				potential to emit more than 25 tons per year of any airborne pollutant, other
				than lead, that is regulated under this chapter.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.744 - MONTANA AIR QUALITY PERMITS-GENERAL EXCLUSIONS

Current through Register Vol. 13, July 5, 2024
(1) A Montana air quality permit is not
				required under ARM
				17.8.743
				for the following:
(a) residential fireplaces,
				barbecues, and similar devices for recreational, cooking, or heating use;
(b) mobile emitting units,
				including motor vehicles, trains, aircraft, and other such self-propelled
				vehicles;
(c) laboratory equipment
				used for chemical or physical analysis;
(d) any agricultural activity or equipment
				that is associated with the use of agricultural land or the planting,
				production, processing, harvesting, or storage of agricultural crops by an
				agricultural producer and that is not subject to the requirements of
				42 USC
				7475,
				7503, or
				7661, as set forth in
				75-2-111(1)(a),
				MCA;
(e) a business relating to
				the activities or equipment referred to in (1)(d) that remains in a single
				location for less than 12 months and is not subject to the requirements of
				42 USC
				7475,
				7503, or
				7661, as set forth in
				75-2-111(1)(b),
				MCA;
(f) emergency equipment
				installed in hospitals or other public institutions or buildings for use when
				the usual sources of heat, power, or lighting are temporarily unobtainable or
				unavailable;
(g) emergency
				equipment installed in industrial or commercial facilities for use when the
				usual sources of heat, power, or lighting are temporarily unobtainable or
				unavailable and when the loss of heat, power, or lighting causes, or is likely
				to cause, an adverse effect on public health or facility safety. Emergency
				equipment use extends only to those uses that alleviate such adverse effects on
				public health or facility safety;
(h) any activity or equipment associated with
				the construction, maintenance, or use of roads except emitting units for which
				a permit is required under ARM 17.8.743;
(i) open burning, which is regulated under
				ARM Title 17, chapter 8, subchapter 6, and an open burning permit may be
				required under that subchapter;
(j) drilling rig stationary engines and
				turbines that do not have the potential to emit more than 100 tons per year of
				any pollutant regulated under this chapter and that do not operate in any
				single location for more than 12 months;
(k) temporary process or emission control
				equipment, replacing malfunctioning process or emission control equipment, and
				meeting the requirements of ARM
				17.8.110(7) through
				(9);
(l) routine maintenance, repair, or
				replacement of equipment and equipment used to perform routine maintenance,
				repair, or replacement; or
(m) any
				facility that has been registered with the department in accordance with ARM
				Title 17, chapter 8, subchapter 17 or 18.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.745 - MONTANA AIR QUALITY PERMITS-EXCLUSION FOR DE MINIMIS CHANGES

Current through Register Vol. 13, July 5, 2024
(1) A Montana air quality permit is not
				required under ARM
				17.8.743 for de minimis changes as
				specified below:
(a) Construction or changed
				conditions of operation at a facility for which a Montana air quality permit
				has been issued that do not increase the facility's potential to emit by more
				than five tons per year of any pollutant except:
(i) any construction or changed conditions of
				operation at a facility that would violate any condition in the facility's
				existing Montana air quality permit or any applicable rule contained in this
				chapter is prohibited, except as allowed in (2);
(ii) any construction or changed conditions
				of operation at a facility that would qualify as a major modification of a
				major stationary source under subchapters 8, 9, or 10 of this
				chapter;
(iii) any construction or
				changed conditions of operation at a facility that would affect the plume rise
				or dispersion characteristics of the emissions in a manner that would cause or
				contribute to a violation of an ambient air quality standard or an ambient air
				increment, as defined in ARM
				17.8.804;
(iv) any construction or improvement project
				with a potential to emit more than five tons per year may not be artificially
				split into smaller projects to avoid permitting under this subchapter;
				and
(v) emission reductions
				obtained through offsetting within a facility are not included when determining
				the potential emission increase from construction or changed conditions of
				operation, unless such reductions are made federally enforceable.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.748 - NEW OR MODIFIED EMITTING UNITS-PERMIT APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of a proposed new
				or modified facility or emitting unit that is subject to ARM
				17.8.743, shall, no later than 180
				days before construction begins, or if construction is not required, no later
				than 120 days before installation, modification, or operation begins, submit an
				application to the department for a Montana air quality permit on an
				application form provided by the department. The department may, for good cause
				shown, waive or shorten the time required for filing the application.
(2) The department may provide
				pre-application consultation and nonbinding, advisory opinions regarding any
				potential issues identified by the owner or operator that may arise regarding
				the permit application.
(3) A
				permit application submitted pursuant to this subchapter must contain
				certification by a responsible official of truth, accuracy, and completeness.
				This certification must state that, based on information and belief formed
				after reasonable inquiry, the statements and information in the application are
				true, accurate, and complete. The following persons are authorized to sign an
				application on behalf of the owner or operator of a new or modified facility or
				emitting unit(s) :
(a) an application
				submitted by a corporation or a limited liability company must be signed by an
				individual specified in the corporate bylaws or the limited liability company
				operating agreement as having the authority to bind the corporation or limited
				liability company in contracts, liabilities, and other company
				obligations;
(b) an application
				submitted by a partnership or a sole proprietorship must be signed by a general
				partner or the proprietor respectively;
(c) an application submitted by a municipal,
				state, federal or other public agency must be signed by a principal executive
				officer, appropriate elected official, or other duly authorized employee;
				and
(d) an application submitted by
				an individual must be signed by the individual or the individual's authorized
				agent.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.749 - CONDITIONS FOR ISSUANCE OR DENIAL OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) When the
				department issues a Montana air quality permit, the permit must authorize the
				construction and operation of the facility or emitting unit subject to the
				conditions in the permit and to the requirements of this subchapter. The permit
				must contain any conditions necessary to assure compliance with the Federal
				Clean Air Act, with the Clean Air Act of Montana and rules adopted under those
				acts.
(2) The permit may contain a
				schedule for specified permit conditions to become effective, subject to the
				time limits stated in ARM
				17.8.762. The department may
				extend a deadline specified in the schedule, but an extension may not exceed
				five years.
(3) A Montana air
				quality permit may not be issued for a new or modified facility or emitting
				unit unless the applicant demonstrates that the facility or emitting unit can
				be expected to operate in compliance with the Clean Air Act of Montana and
				rules adopted under that Act, the Federal Clean Air Act and rules promulgated
				under that Act (as incorporated by reference in ARM
				17.8.767 ) , and any applicable
				requirement contained in the Montana State Implementation Plan (as incorporated
				by reference in ARM 17.8.767) , and that it will not cause or contribute to a
				violation of any Montana or national ambient air quality standard.
(4) The department shall issue a Montana air
				quality permit for the following unless the department demonstrates that the
				emitting unit is not expected to operate in compliance with applicable rules,
				standards, or other requirements:
(a)
				emitting units constructed or installed between November 23, 1968, and March
				16, 1979; and
(b) emitting units
				constructed or installed before November 23, 1968, and modified between
				November 23, 1968, and March 16, 1979.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.752 - EMISSION CONTROL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a new or modified facility or emitting unit for which a Montana air
				quality permit is required by this subchapter shall install on the new or
				modified facility or emitting unit the maximum air pollution control capability
				that is technically practicable and economically feasible, except that:
(a) BACT must be utilized.
(i) Existing emitting units and those
				emitting units constructed or installed after March 16, 1979, that were not
				previously subject to this subchapter become subject to this rule when any
				modification to the emitting unit requires a Montana air quality permit;
				however, only the specific emitting unit that is modified becomes subject to
				this rule.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.755 - INSPECTION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Current Montana
				air quality permits must be made available for department inspection at the
				location of the facility or emitting unit for which the permit has been issued,
				unless the permittee and the department mutually agree on a different
				location.
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.756 - COMPLIANCE WITH OTHER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) This
				subchapter does not relieve any owner or operator of the responsibility for
				complying with any applicable federal or Montana statute, rule or board or
				court order, except as specifically provided in this subchapter.
(2) Issuance of a Montana air quality permit
				does not affect the responsibility of a permittee to comply with the applicable
				requirements of any control strategy contained in the Montana State
				Implementation Plan.
(3) A
				permittee may not commence operation of a facility or emitting unit if
				construction, modification or installation has been completed in such a manner
				that the facility or emitting unit cannot operate in compliance with applicable
				statutes, rules, or requirements specified in the permit.
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.759 - REVIEW OF PERMIT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except for
				applications subject to ARM
				17.8.760, when an application for
				a permit does not require an environmental impact statement, the application is
				not considered filed until the owner or operator has submitted to the
				department all required fees and all information and completed application
				forms.
(2) The department shall
				notify the applicant in writing within 30 days after receiving an application
				if an application is incomplete. The notice must list the reasons the
				application is considered incomplete, any additional information required, and
				the date by which the applicant must submit any additional required
				information. If the requested additional information is not submitted by the
				date specified by the department in the notice, the application is considered
				withdrawn unless the applicant requests in writing an extension of time for
				submission of the additional information. If the department receives additional
				application information, whether prior to a determination of completeness or in
				response to a notice of incompleteness, the 30-day application completeness
				review period begins again.
(3)
				Within 40 days after receiving a complete application for a permit, the
				department shall make a preliminary determination as to whether the permit
				should be issued, issued with conditions, or denied.
(4) After making a preliminary determination,
				the department shall notify those members of the public who requested such
				notification subsequent to the notice required by ARM
				17.8.748 and the applicant of the
				department's preliminary determination. The notice must specify that comments
				may be submitted on the information submitted by the applicant and on the
				department's preliminary determination. The notice must also specify the
				following:
(a) that a complete copy of the
				application and the department's analysis of the application is available from
				the department and in the air quality control region where the emitting unit is
				located;
(b) the date by which all
				comments on the preliminary determination must be submitted in writing, which
				must be within:
(i) 30 days after the notice
				is mailed for applications subject to the federal air permitting provisions of
				42 U.S.C.
				7475,
				7503, or
				7661 or the provisions of
				75-2-215, MCA, or applications
				that require preparation of an environmental impact statement; or
(ii) 15 days after the notice is mailed for
				all other applications, except as provided in (5) ; and
(c) the date by which a final decision must
				be made pursuant to
				75-2-211(9),
				MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.760 - ADDITIONAL REVIEW OF PERMIT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) When an application for a Montana air
				quality permit requires an environmental impact statement under the Montana
				Environmental Policy Act,
				75-1-101, et seq., MCA, the
				procedures for public review are those required by the Montana Environmental
				Policy Act and the rules adopted by the department to implement the Act, ARM
				Title 17, chapter 4, subchapter 6, and ARM
				17.4.701 through
				17.4.703
(2) When an application for a Montana air
				quality permit is also an application for certification under the Major
				Facility Siting Act, public review is governed by the rules implementing that
				Act, ARM Title 17, chapter 20.
AUTH:
					 75-2-111
											75-2-112,
					 75-2-204,
					 75-20-216, MCA; IMP:
					 75-2-211,
					 75-20-216,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.762 - DURATION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A Montana air
				quality permit is in effect until the permit is revoked under ARM
				17.8.763, amended under ARM
				17.8.764, or modified under ARM
				17.8.748. Portions of a Montana
				air quality permit may be revoked, amended, or modified without invalidating
				the remainder of the permit.
(2) A
				permit issued prior to construction or installation of a new or modified
				facility or emitting unit may provide that the permit or a portion of the
				permit will expire unless construction or installation is commenced within the
				time specified in the permit, which may not be less than one year or more than
				three years after the permit is issued.
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.763 - REVOCATION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The department
				may revoke a Montana air quality permit or any portion of a permit upon written
				request of the permittee, or for violation of any requirement of the Clean Air
				Act of Montana, rules adopted under that Act, the Federal Clean Air Act and
				rules promulgated under that Act (as incorporated by reference in ARM
				17.8.767 ), or any applicable
				requirement contained in the Montana State Implementation Plan (as incorporated
				by reference in ARM
				17.8.767 ).
(2) The department shall notify the permittee
				in writing of its intent to revoke a permit or a portion of a permit. The
				department's decision to revoke a permit or any portion of a permit becomes
				final when 15 days have elapsed after the permittee's receipt of the notice
				unless the permittee requests a hearing before the board.
(3) When the department has attempted
				unsuccessfully by certified mail, return receipt requested, to deliver a notice
				of intent to revoke a permit to a permittee at the last address provided by the
				permittee to the department, the permittee is deemed to have received the
				notice on the date that the department publishes the last of three notices of
				revocation, once each week for three consecutive weeks, in a newspaper
				published in the county in which the permitted facility was located, if a
				newspaper is published in the county or if no newspaper is published in the
				county in a newspaper having a general circulation in the county.
(4) When the department revokes a permit
				under this rule, the permittee may request a hearing before the board. A
				hearing request must be in writing and must be filed with the board within 15
				days after receipt of the department's notice of intent to revoke the permit.
				Filing a request for a hearing postpones the effective date of the department's
				decision until issuance of a final decision by the board.
(5) A hearing under this rule is governed by
				the contested case provisions of the Montana Administrative Procedure Act,
				Title 2, chapter 4, part 6, MCA.
75-2-111,
					 75-2-204, MCA; IMP,
					 75-2-211,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.764 - ADMINISTRATIVE AMENDMENT TO PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The
				department may amend a Montana air quality permit, or any portion of a permit,
				for the following reasons:
(a) changes in any
				applicable rules adopted by the department;
(b) changes in operation that do not result
				in an increase in emissions. The owner or operator of a facility may not
				increase the facility's emissions beyond permit limits unless the increase
				meets the criteria in ARM
				17.8.745 for a de minimis change
				not requiring a permit, or unless the owner or operator applies for and
				receives another permit in accordance with ARM
				17.8.748,
				17.8.749,
				17.8.752,
				17.8.755, and
				17.8.756, and with all applicable
				requirements in ARM Title 17, chapter 8, subchapters 8, 9, and 10;
(c) administrative errors in the permit that
				do not affect substantive provisions of the permit.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.765 - TRANSFER OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A Montana air
				quality permit may be transferred from one location to another if:
(a) the department receives a complete notice
				of intent to transfer location, including:
(i) written notice of intent to transfer
				location on forms provided by the department; and
(ii) documentation that the permittee has
				published notice of the intended transfer by means of a legal publication in a
				newspaper of general circulation in the area to which the transfer is to be
				made. The notice must include a statement that public comment will be accepted
				by the department for 15 days after the date of publication and that comments
				should be addressed to: Air Permitting Section, Air Resources Management
				Bureau, Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901,
				Helena, MT 59620-0901;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.767 - 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:
(a) 40 CFR Part 51, subpart I,
				specifying requirements for state programs for issuing Montana air quality
				permits;
(b) 40 CFR Part 51,
				Appendix M, specifying recommended test methods for state implementation
				plans;
(c) 40 CFR Part 60,
				specifying standards of performance for new stationary sources;
(d) 40 CFR Part 61, specifying emission
				standards for hazardous air pollutants;
(e) Tables 4-1 and 4-3 of the Department of
				Environmental Quality Air Quality Health Risk Assessment Procedures/Model,
				January 1995;
(f)
										42 USC
				7412, et seq., listing hazardous air
				pollutants; and
(g) 40 CFR Part 75,
				pertaining to mercury requirements.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.771 - MERCURY EMISSION STANDARDS FOR MERCURY-EMITTING GENERATING UNITS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3), the owner or
				operator of a mercury-emitting generating unit shall:
(a) if obtaining a Montana air quality permit
				pursuant to ARM
				17.8.743, install best available
				control technology for control of mercury emissions as required by ARM
				17.8.752;
(b) except for any period for which another
				mercury emissions limit has been established pursuant to this rule, beginning
				January 1, 2010, or at commencement of commercial operation, whichever is
				later, limit mercury emissions from the mercury-emitting generating unit to an
				emission rate equal to or less than:
(i) 1.5
				pounds of mercury per trillion Btu, calculated as a rolling 12-month average,
				for mercury-emitting generating units that combust lignite; or
(ii) 0.9 pounds of mercury per trillion Btu,
				calculated as a rolling 12-month average, for all other mercury-emitting
				generating units;
(c) by
				January 1, 2009, or 12 months prior to commencement of commercial operation,
				whichever is later, submit an application to the department for a Montana air
				quality permit or modification of an existing Montana air quality permit for
				the mercury-emitting generating unit solely to establish the mercury emission
				limit from (1) (b) and any necessary operational requirements as a condition of
				the permit. The owner or operator shall include in the application an analysis
				of potential mercury control options including, but not limited to, boiler
				technology, mercury emission control technology, and any other mercury control
				practices. The owner or operator shall also include in the application a
				proposed mercury emission control strategy projected to achieve compliance with
				the emission limit in (1) (b) and that must include boiler technology, mercury
				emission control technology, or any other mercury control practices used or
				anticipated to be used by the owner or operator to achieve compliance with (1)
				(b). If the department determines that the mercury emission control strategy is
				projected to achieve compliance with the emission limit in (1) (b), the
				department shall include the provisions of the mercury control strategy as
				conditions of the Montana air quality permit; and
(d) by January 1, 2010, or at commencement of
				commercial operation, whichever is later, implement the mercury emission
				control strategy approved pursuant to (1) (c).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.7 - Permit, Construction, and Operation of Air Contaminant Sources › Rule 17.8.772

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-2-203,
					 75-2-204,
					 75-2-211, MCA; IMP:
					 75-2-211,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "Actual emissions" means the actual rate
				of emissions of a pollutant from an emissions unit, as determined in accordance
				with (1)(a) through (c).
(a) Actual emissions
				as of a particular date shall equal the average rate, in tons per year, at
				which the unit actually emitted the pollutant during a two-year period which
				precedes the particular date and which is representative of normal source
				operation. The department may determine that a different time period is more
				representative of normal source operation. Actual emissions shall be calculated
				using the unit's actual operating hours, production rates, and types of
				materials processed, stored, or combusted during the selected time
				period.
(b) The department may
				presume that source-specific allowable emissions for the unit are equivalent to
				the actual emissions of the unit.
(c) For any emissions unit which has not
				begun normal operations on the particular date, actual emissions shall equal
				the potential to emit of the unit on that date.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.802 - 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 51.102,
				pertaining to requirements for public hearings for state programs;
(b) 40 CFR Part 51, Appendix W, pertaining to
				the Guideline on Air Quality Models, as published January 17, 2017, and
				effective May 22, 2017;
(c) 40 CFR
				Part 60, pertaining to standards of performance for new stationary
				sources;
(d) 40 CFR Part 61,
				pertaining to emission standards for hazardous air pollutants;
(e)
										40 CFR
				81.327, pertaining to the air quality
				attainment status designations for Montana; and
(f) the Standard Industrial Classification
				Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a
				system of industrial classification and definition based upon the composition
				and structure of the economy.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.805 - AMBIENT AIR CEILINGS

Current through Register Vol. 13, July 5, 2024
(1) No
				concentration of a pollutant shall exceed the concentration permitted under
				either the applicable secondary or primary national ambient air quality
				standard, whichever concentration is lowest for the pollutant for a period of
				exposure.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.806 - RESTRICTIONS ON AREA CLASSIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) All of
				the following areas are designated Class I areas and may not be redesignated:
(a) Bob Marshall Wilderness Area;
(b) Anaconda Pintler Wilderness
				Area;
(c) Cabinet Mountains
				Wilderness Area;
(d) Gates of the
				Mountains Wilderness Area;
(e)
				Glacier National Park;
(f) Medicine
				Lake Wilderness Area;
(g) Mission
				Mountains Wilderness Area;
(h) Red
				Rock Lake Wilderness Area;
(i)
				Scapegoat Wilderness Area;
(j)
				Selway-Bitterroot Wilderness Area;
(k) UL Bend Wilderness Area; and
(l) Yellowstone National Park.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.807 - EXCLUSIONS FROM INCREMENT CONSUMPTION

Current through Register Vol. 13, July 5, 2024
(1) The
				following concentrations will be excluded in determining compliance with a
				maximum allowable increase:
(a)
				concentrations attributable to the increase in emissions from stationary
				sources which have converted from the use of petroleum products, natural gas,
				or both by reason of an order in effect under sections 2(a) and
(b) of the Energy Supply and Environmental
				Coordination Act of 1974, 15
				USC 791, et seq. (1988), over the emissions
				from such sources before the effective date of such an order;
(b) concentrations attributable to the
				increase in emissions from sources which have converted from using natural gas
				by reason of a natural gas curtailment plan in effect pursuant to the Federal
				Power Act, 16 USC
				791 a, et seq. (1988 and Supp. III 1991),
				over the emissions from such sources before the effective date of such
				plan;
(c) concentrations of
				particulate matter attributable to the increase in emissions from construction
				or other temporary emission-related activities of new or modified
				sources;
(d) the increase in
				concentrations attributable to new sources outside the United States over the
				concentrations attributable to existing sources which are included in the
				baseline concentration; and
(e)
				concentrations attributable to the temporary increase in emissions of sulfur
				dioxide, particulate matter, or nitrogen oxides from stationary sources meeting
				the criteria specified in (3).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.808 - REDESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) All areas of the state (except as
				otherwise provided under ARM
				17.8.806 ) are designated Class
				II. Redesignation (except as otherwise precluded by ARM 17.8.806) shall be
				subject to the redesignation procedures of this rule. Lands within the exterior
				boundaries of Indian reservations may be redesignated only by the appropriate
				Indian governing body, as required by
				40 CFR
				51.166 (g) (4).
(2) The department may submit to the
				administrator a proposal to redesignate areas of the state Class I or Class II,
				provided that:
(a) at least one public
				hearing has been held in accordance with procedures established in
				40 CFR
				51.102;
(b) other states, Indian governing bodies,
				and federal land managers whose lands may be affected by the proposed
				redesignation were notified at least 30 days prior to the public
				hearing;
(c) a discussion of the
				reasons for the proposed redesignation, including a satisfactory description
				and analysis of the health, environmental, economic, social, and energy effects
				of the proposed redesignation, was prepared and made available for public
				inspection at least 30 days prior to the hearing and the notice announcing the
				hearing contained appropriate notification of the availability of such
				discussion;
(d) prior to the
				issuance of notice respecting the redesignation of an area that includes any
				federal lands, the department has provided written notice to the appropriate
				federal land manager and afforded adequate opportunity (not in excess of 60
				days) to confer with the department respecting the redesignation and to submit
				written comments and recommendations. In redesignating any area with respect to
				which any federal land manager had submitted written comments and
				recommendations, the department shall have published a list of any
				inconsistency between such redesignation and such comments and recommendations
				(together with the reasons for making such redesignation against the
				recommendation of the federal land manager) ; and
(e) the department has proposed the
				redesignation after consultation with the elected leadership of any local
				governmental bodies located within the area covered by the proposed
				redesignation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.809 - STACK HEIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The degree of
				emission limitation required for control of any air pollutant under this
				subchapter may not be affected in any manner by:
(a) so much of a stack height, not in
				existence before December 31, 1970, as exceeds good engineering practice;
				or
(b) any other dispersion
				technique not implemented before December 31, 1970.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.819 - CONTROL TECHNOLOGY REVIEW

Current through Register Vol. 13, July 5, 2024
(1) A major
				stationary source or major modification shall meet each applicable emissions
				limitation under the Montana State Implementation Plan and each applicable
				emission standard and standard of performance under ARM
				17.8.340 and
				17.8.341.
(2) A new major stationary source shall apply
				BACT for each pollutant subject to regulation under the FCAA that it would have
				the potential to emit in significant amounts, excluding hazardous air
				pollutants, except to the extent that such hazardous air pollutants are
				regulated as constituents of more general pollutants listed in section 108(a)
				(1) of the FCAA. In evaluating the environmental impacts of any control
				technology option, the BACT analysis shall consider all pollutants, including
				hazardous air pollutants.
(3) A
				major modification shall apply BACT for each pollutant subject to regulation
				under the FCAA for which it would be a significant net emissions increase at
				the source, excluding hazardous air pollutants, except to the extent that such
				hazardous air pollutants are regulated as constituents of more general
				pollutants listed in section 108(a) (1) of the FCAA. In evaluating the
				environmental impacts of any control technology option, the BACT analysis shall
				consider all pollutants, including hazardous air pollutants. This requirement
				applies to each proposed emissions unit at which a net emissions increase in
				the pollutant would occur as a result of a physical change or change in the
				method of operation in the unit.
(4) For phased construction projects, the
				determination of BACT will be reviewed and modified as appropriate at the
				latest reasonable time which occurs no later than 18 months prior to
				commencement of construction of each independent phase of the project. At such
				time, the owner or operator of the applicable stationary source may be required
				to demonstrate the adequacy of any previous determination of BACT for the
				source.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.820 - SOURCE IMPACT ANALYSIS

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of the proposed source or modification shall demonstrate that
				allowable emission increases from the proposed source or modification, in
				conjunction with all other applicable emissions increases or reductions
				(including secondary emissions), would not cause or contribute to air pollution
				in violation of any national ambient air quality standard in any air quality
				control region or any applicable maximum allowable increase over the baseline
				concentration in any area.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.821 - AIR QUALITY MODELS

Current through Register Vol. 13, July 5, 2024
(1) All estimates
				of ambient concentrations required under this subchapter must be based on the
				applicable air quality models, data bases, and other requirements specified in
				the Guideline on Air Quality Models, 40 CFR Part 51, Appendix W.
(2) Where an air quality impact model
				specified in 40 CFR Part 51, Appendix W is inappropriate, the model may be
				modified or another model substituted. Such a modification or substitution of a
				model may be made on a case-by-case basis or, where appropriate, on a generic
				basis for a specific state program. Written approval of the administrator must
				be obtained for any modification or substitution. In addition, use of a
				modified or substituted model must be subject to notice and opportunity for
				public comment under procedures developed in accordance with ARM
				17.8.826.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.823 - SOURCE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The owner or
				operator of a proposed source or modification shall submit the permit
				application fee required pursuant to ARM
				17.8.504 and all information
				necessary to perform any analysis or make any determination required under
				procedures established in accordance with this subchapter.
(2) Such information shall include the
				following:
(a) a description of the nature,
				location, design capacity, and typical operating schedule of the source or
				modification, including specifications and drawings showing its design and
				plant layout;
(b) a detailed
				schedule for construction of the source or modification; and
(c) a detailed description as to what system
				of continuous emission reduction is planned by the source or modification,
				emission estimates, and any other information as necessary to determine that
				BACT as applicable would be applied.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.824 - ADDITIONAL IMPACT ANALYSES

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator shall provide an analysis of the impairment to visibility, soils,
				and vegetation that would occur as a result of the source or modification and
				general commercial, residential, industrial, and other growth associated with
				the source or modification. The owner or operator need not provide an analysis
				of the impact on vegetation having no significant commercial or recreational
				value.
(2) The owner or operator
				shall provide an analysis of the air quality impact projected for the area as a
				result of general commercial, residential, industrial, and other growth
				associated with the source or modification.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.827 - SOURCE OBLIGATION

Current through Register Vol. 13, July 5, 2024
(1) Approval to
				construct shall not relieve any owner or operator of the responsibility to
				comply fully with applicable provisions and requirements under local, state or
				federal law.
(2) At such time that
				a particular source or modification becomes a major stationary source or major
				modification solely by virtue of a relaxation in any enforceable limitation
				which was established after August 7, 1980, on the capacity of the source or
				modification otherwise to emit a pollutant, such as a restriction on hours of
				operation, then the requirements of ARM
				17.8.819 through
				17.8.828 shall apply to the source
				or modification as though construction had not yet commenced on the source or
				modification.
75-2-111,
					 75-2-203, MCA; IMP,
					 75-2-202,
					 75-2-203,
					 75-2-204,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.8 - Prevention of Significant Deterioration of Air Quality › Rule 17.8.828 - INNOVATIVE CONTROL TECHNOLOGY

Current through Register Vol. 13, July 5, 2024
(1) An
				owner or operator of a proposed major stationary source or major modification
				may request the department approve a system of innovative control
				technology.
(2) The department may,
				with the consent of the governor of any other affected state, determine that
				the source or modification may employ a system of innovative control
				technology, if:
(a) the proposed control
				system would not cause or contribute to an unreasonable risk to public health,
				welfare, or safety in its operation or function;
(b) the owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required under ARM
				17.8.819(2), by a
				date specified by the department, provided that such date may not be later than
				four years from the time of start-up or seven years from permit
				issuance;
(c) the source or
				modification would meet the requirements equivalent to those in ARM
				17.8.819 and
				17.8.820, based on the emissions
				rate that the stationary source employing the system of innovative control
				technology would be required to meet on the date specified by the
				department;
(d) the source or
				modification would not, before the date specified by the department, cause or
				contribute to any violation of an applicable national ambient air quality
				standard or impact any area where an applicable increment is known to be
				violated;
(e) all other applicable
				requirements including those for public participation have been met;
				and
(f) the provisions of ARM
				17.8.825 (relating to Class I
				areas) have been satisfied with respect to all periods during the life of the
				source or modification.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.8 - AIR QUALITY › Subchapter 17.8.9 - Permit Requirements for Major Stationary Sources or Major Modifications Locating Within Nonattainment Areas › Rule 17.8.901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter the following definitions apply:
(1) "Actual emissions" means the actual rate
				of emissions of a pollutant from an emissions unit as determined in accordance
				with (1) (a) through (c).
(a) Actual
				emissions as of a particular date shall equal the average rate, in tons per
				year, at which the unit actually emitted the pollutant during a two-year period
				which precedes the particular date and which is representative of normal source
				operation. The department may determine that a different time is more
				representative of normal source operation. Actual emissions shall be calculated
				using the unit's actual operating hours, production rates, and types of
				materials processed, stored, or combusted during the selected time
				period.
(b) If the department is
				unable to determine actual emissions consistent with (1) (a), the department
				may presume that the source-specific allowable emissions for the unit are
				equivalent to the actual emissions of the unit.
(c) For any emissions unit which has not
				begun normal operations on the particular date, actual emissions shall equal
				the potential to emit of the unit on that date.