AIR QUALITY

17.8.1001 DEFINITIONS For the purpose of this subchapter: The definitions contained in ARM 17.8.901 shall be applicable. "Cause or contribute" means, in regard to an ambient air quality impact caused by emissions from a major source or modification, an ambient air quality impact …

17.8.1002 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR Part 60, pertaining to standards of performance for new stationary sources; 40 CFR Part 61, pertaining to emission standards for haz…

17.8.1004 WHEN MONTANA AIR QUALITY PERMIT REQUIRED Any new major stationary source or major modification which would locate anywhere in an area designated as attainment or unclassified for a national ambient air quality standard under 40 CFR 81.327 and which would cause or contri…

17.8.1005 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT The department will not issue a Montana air quality permit required under ARM 17.8.1004 unless the requirements of subchapters 7 and 8 and the following additional conditions are met: the new source is required to meet…

17.8.1006 REVIEW OF SPECIFIED SOURCES FOR AIR QUALITY IMPACT For "stable" air pollutants (i.e., sulfur dioxide, particulate matter and carbon monoxide) , the determination of whether a source will cause or contribute to a violation of a national ambient air quality standard gener…

17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS For the purposes of this subchapter, the following requirements apply: The requirements of ARM 17.8.906, except that ARM 17.8.906(7) through (9) do not apply to offsets required under this subchapter;…

17.8.101 DEFINITIONS As used in this chapter, unless indicated otherwise in a specific subchapter, the following definitions apply: "Administrator" means the administrator of the U.S. Environmental Protection Agency or the administrator's designee. "Air pollutants" has the meanin…

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCE DOCUMENTS Unless expressly provided otherwise in this chapter, where the department has: adopted a federal regulation by reference, the reference is to the July 1, 2023, edition of the Code of Fe…

17.8.103 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR Part 50, Appendix B, pertaining to the reference method for the determination of suspended particulate matter in the atmosphere (high…

17.8.105 TESTING REQUIREMENTS 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 cond…

17.8.106 SOURCE TESTING PROTOCOL 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 t…

17.8.110 MALFUNCTIONS "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, poo…

17.8.1101 DEFINITIONS For the purposes of this subchapter: "Federal Class I area" means those areas listed in ARM 17.8.806(1) and any other federal land that is classified or reclassified as Class I. "Adverse impact on visibility" means visibility impairment which the department …

17.8.1102 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR 81.327, providing attainment status designation for Montana pursuant to section 107 of the FCAA; "Workbook for Plume Visual Impact S…

17.8.1103 APPLICABILITY--VISIBILITY REQUIREMENTS This subchapter is applicable to the owner or operator of a proposed major stationary source, as defined by ARM 17.8.801(22), or of a source proposed for a major modification, as defined by ARM 17.8.801(20) proposing to construct s…

17.8.1106 VISIBILITY IMPACT ANALYSIS The owner or operator of a major stationary source or modification as described in ARM 17.8.1103, shall demonstrate that the actual emissions [as defined by ARM 17.8.801(1)] from the major source or modification (including fugitive emissions) …

17.8.1107 VISIBILITY MODELS All estimates of visibility impact required under this subchapter shall be based on those models contained in "Workbook for Plume Visual Impact Screening and Analysis" (Revised) (EPA-454/R-92/023), incorporated by reference in ARM 17.8.1102. Equivalent…

17.8.1108 NOTIFICATION OF PERMIT APPLICATION Where a proposed major stationary source or major modification will impact or may impact visibility within a federal Class I area, the department shall provide written notice to the Environmental Protection Agency and to the appropriat…

17.8.1109 ADVERSE IMPACT AND FEDERAL LAND MANAGER Federal land managers may present to the department, after the preliminary determination required under ARM 17.8.759, a demonstration that the emissions from the proposed source or modification may cause or contribute to adverse i…

17.8.111 CIRCUMVENTION 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 …

17.8.1110 VISIBILITY MONITORING The owner or operator of a proposed major stationary source or major modification shall submit with the application an analysis of existing visibility in or immediately adjacent to the federal Class I area potentially impacted by the proposed proje…

17.8.1111 ADDITIONAL IMPACT ANALYSIS The owner or operator of a proposed major stationary source or major modification subject to the requirements of ARM 17.8.824 (PSD) shall provide a visibility impact analysis of the visibility impact likely to occur as a result of the major so…

17.8.120 VARIANCE PROCEDURES--INITIAL APPLICATION Initial application for exemption may be in the form of a letter, and must be submitted to the department with copies sent to theparties. The application must contain or be accompanied by information and data to show that: the emi…

17.8.1201 DEFINITIONS In this subchapter, unless indicated otherwise, the following definitions apply: "Administrative permit amendment" means an air quality operating permit revision that: corrects typographical errors; identifies a change in the name, address, or phone number o…

17.8.1202 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR 70.3, pertaining to those sources and source categories designated by the administrator as requiring an operating permit pursuant to…

17.8.1203 AIR QUALITY OPERATING PERMIT PROGRAM OVERVIEW This subchapter provides for the establishment of a comprehensive air quality operating permit system consistent with the requirements of Title V of the FCAA and the federal operating permit program (57 FR 32250 July 21, 199…

17.8.1204 AIR QUALITY OPERATING PERMIT PROGRAM APPLICABILITY The requirements of this subchapter apply to the following sources: any major source, as defined in this subchapter; any source, including an area source, subject to a requirement under section 111 of the FCAA; any sour…

17.8.1205 REQUIREMENTS FOR TIMELY AND COMPLETE AIR QUALITY OPERATING PERMIT APPLICATIONS For each source required to obtain an air quality operating permit, the owner or operator shall submit a timely and complete air quality operating permit or renewal application in accordance …

17.8.1206 INFORMATION REQUIRED FOR AIR QUALITY OPERATING PERMIT APPLICATIONS For each emissions unit at a source required to obtain an air quality operating permit the applicant shall include in its application for a permit, permit renewal, or permit revision the information desc…

17.8.1207 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS Any application form, report, or compliance certification submitted pursuant to this subchapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any othe…

17.8.121 VARIANCE PROCEDURES--RENEWAL APPLICATION No renewal of exemption shall be granted except on application, submitted on a form designated "application for renewal" form obtained from the department. Public notice of the renewal application shall be given at the applicant's…

17.8.1210 GENERAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT Each air quality operating permit shall contain the following general information: name and mailing address of permittee; type of operation; permit milestone dates including, the date the permit application w…

17.8.1211 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO EMISSION LIMITATIONS AND STANDARDS, AND OTHER REQUIREMENTS Each air quality operating permit issued pursuant to this subchapter shall contain the following: emission limitations and standards, including t…

17.8.1212 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO MONITORING, RECORDKEEPING, AND REPORTING Each air quality operating permit shall contain the following requirements with respect to monitoring: All monitoring and analysis procedures or test methods requi…

17.8.1213 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO COMPLIANCE All air quality operating permits shall contain the provisions required by this rule with respect to compliance. Consistent with ARM 17.8.1212, all permits shall contain compliance certificatio…

17.8.1214 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO THE PERMIT SHIELD AND EMERGENCIES Except as provided in this section, the department shall include in an air quality operating permit a provision stating that compliance with the conditions of the permit …

17.8.1215 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO OPERATIONAL FLEXIBILITY If requested by the applicant, the department shall issue an air quality operating permit that contains terms and conditions for reasonably anticipated operating scenarios identifi…

17.8.1220 AIR QUALITY OPERATING PERMIT ISSUANCE, RENEWAL, REOPENING, AND MODIFICATION An air quality operating permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met: the department has received a complete application fo…

17.8.1221 OPERATION WITHOUT AN AIR QUALITY OPERATING PERMIT AND APPLICATION SHIELD Except as provided in (2) , ARM 17.8.1224(3) , and 17.8.1226(6) and (10) , no source required to obtain an air quality operating permit may operate after the time that it is required to submit a ti…

17.8.1222 GENERAL AIR QUALITY OPERATING PERMITS The department may provide for a general air quality operating permit covering a source category with numerous similar sources, if it concludes that the category is appropriate for permitting on a generic basis. The department may p…

17.8.1223 TEMPORARY AIR QUALITY OPERATING PERMITS The department may issue an air quality operating permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one …

17.8.1224 ADDITIONAL REQUIREMENTS FOR OPERATIONAL FLEXIBILITY AND AIR QUALITY OPERATING PERMIT CHANGES THAT DO NOT REQUIRE REVISIONS A source holding an air quality operating permit is authorized to make changes within a permitted facility as described in (3) and (4), providing t…

17.8.1225 ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT AMENDMENTS An administrative permit amendment may be made by the department to an air quality operating permit, consistent with the following: The department shall take no more than 60 days from receipt of a reque…

17.8.1226 ADDITIONAL REQUIREMENTS FOR MINOR AIR QUALITY OPERATING PERMIT MODIFICATIONS Minor air quality operating permit modification procedures may be used only for those permit modifications that: do not violate any applicable requirement; do not involve significant changes to…

17.8.1227 ADDITIONAL REQUIREMENTS FOR SIGNIFICANT AIR QUALITY OPERATING PERMIT MODIFICATIONS The modification procedures set forth in (3) , must be used for any application requesting a significant modification of an air quality operating permit. Significant modifications include…

17.8.1228 ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT REVOCATION, REOPENING, AND REVISION FOR CAUSE An air quality operating permit may be reopened and revised only under the following circumstances: Additional applicable requirements under the FCAA become applicable…

17.8.1231 NOTICE OF TERMINATION, MODIFICATION, OR REVOCATION AND REISSUANCE BY THE ADMINISTRATOR FOR CAUSE If the administrator notifies the department and the permittee in writing that cause exists to terminate, modify, or revoke and reissue an air quality operating permit pursu…

17.8.1232 PUBLIC PARTICIPATION Except for permit changes not requiring revisions under ARM 17.8.1224, administrative permit amendments under ARM 17.8.1225, department review of activities to be conducted pursuant to general permits under ARM 17.8.1222, and minor permit modificati…

17.8.1233 PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES The department shall provide to the administrator a copy of each proposed and each final air quality operating permit, including any permit that has been appealed to the Board of Environmental Review, if the board h…

17.8.1234 ACID RAIN--PERMITS REGULATION For the purpose of this rule, the following definitions apply: "Permitting authority," as used in 40 CFR Part 72, means the Montana Department of Environmental Quality. The terms and associated definitions specified in 40 CFR Part 72 shall …