AIR QUALITY

17.8.765 TRANSFER OF PERMIT A Montana air quality permit may be transferred from one location to another if: the department receives a complete notice of intent to transfer location, including: written notice of intent to transfer location on forms provided by the department; and…

17.8.767 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference: 40 CFR Part 51, subpart I, specifying requirements for state programs for issuing Montana air quality permits; 40 CFR Part 51, Appendix M, specifying reco…

17.8.770 ADDITIONAL REQUIREMENTS FOR INCINERATORS An applicant for a Montana air quality permit for an incineration facility subject to 75-2-215.htm" target="MCA" style="text-decoration:none">75-2-215, MCA, shall submit a human health risk assessment protocol and a human health r…

17.8.771 MERCURY EMISSION STANDARDS FOR MERCURY-EMITTING GENERATING UNITS Except as provided in (3) , the owner or operator of a mercury-emitting generating unit shall: if obtaining a Montana air quality permit pursuant to ARM 17.8.743 , install best available control technology …

17.8.772 MERCURY ALLOWANCE ALLOCATIONS UNDER CAP AND TRADE BUDGET (REPEALED) Authorizing statute(s): 75-2-203, 75-2-204, 75-2-211, MCA Implementing statute(s): 75-2-211, MCA History: NEW, 2006 MAR p. 2575, Eff. 10/27/06; REP, 2016 MAR p. 512, Eff. 3/19/16.

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with (1)(a) through (c). Actual emissions as of a particular date shall equal the ave…

17.8.802 INCORPORATION BY REFERENCE For the purposes of this subchapter, thedepartment adopts and incorporates by reference the following: 40 CFR 51.102, pertaining to requirements for public hearings for state programs; 40 CFR Part 51, Appendix W, pertaining to the Guideline on …

17.8.804 AMBIENT AIR INCREMENTS In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following: For any period other than an annual period, the applicable maximum allowable increase may be exceede…

17.8.805 AMBIENT AIR CEILINGS 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. Authorizing…

17.8.806 RESTRICTIONS ON AREA CLASSIFICATIONS All of the following areas are designated Class I areas and may not be redesignated: Bob Marshall Wilderness Area; Anaconda Pintler Wilderness Area; Cabinet Mountains Wilderness Area; Gates of the Mountains Wilderness Area; Glacier Na…

17.8.807 EXCLUSIONS FROM INCREMENT CONSUMPTION The following concentrations will be excluded in determining compliance with a maximum allowable increase: concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleu…

17.8.808 REDESIGNATION 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 boundari…

17.8.809 STACK HEIGHTS The degree of emission limitation required for control of any air pollutant under this subchapter may not be affected in any manner by: so much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice; or any other …

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS--SOURCE APPLICABILITY AND EXEMPTIONS No major stationary source or major modification shall begin actual construction unless, as a minimum, requirements contained in ARM 17.8.819 through 17.8.827 have been met. A…

17.8.819 CONTROL TECHNOLOGY REVIEW 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. A new …

17.8.820 SOURCE IMPACT ANALYSIS 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 seconda…

17.8.821 AIR QUALITY MODELS 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. Where an air qua…

17.8.822 AIR QUALITY ANALYSIS Any application for a permit pursuant to this subchapter shall contain an analysis of ambient air quality in the area that the emissions from the major stationary source or major modification would affect. For a major stationary source, the analysis …

17.8.823 SOURCE INFORMATION 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 i…

17.8.824 ADDITIONAL IMPACT ANALYSES 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 …

17.8.825 SOURCES IMPACTING FEDERAL CLASS I AREAS--ADDITIONAL REQUIREMENTS The department shall transmit to the administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the administrator of every action relat…

17.8.826 PUBLIC PARTICIPATION The department shall notify all applicants in writing within 30 days of the date of receipt of an application as to the completeness of the application or any deficiency in the application or information submitted as provided in ARM 17.8.759. In the …

17.8.827 SOURCE OBLIGATION 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. At such time that a particular source or modification becomes a major stat…

17.8.828 INNOVATIVE CONTROL TECHNOLOGY An owner or operator of a proposed major stationary source or major modification may request the department approve a system of innovative control technology. The department may, with the consent of the governor of any other affected state, …

17.8.901 DEFINITIONS In this subchapter the following definitions apply: "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with (1) (a) through (c) . Actual emissions as of a particular date shall equal the ave…

17.8.902 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 haza…

17.8.904 WHEN MONTANA AIR QUALITY PERMIT REQUIRED Any new major stationary source or major modification which would locate anywhere in an area designated as nonattainment for a national ambient air quality standard under 40 CFR 81.327 and which is major for the pollutant for whic…

17.8.905 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT The department shall not issue a Montana air quality permit required under ARM 17.8.904, unless the requirements of subchapter 7 and the following additional conditions are met: The permit for the new source or modifica…

17.8.906 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS Pursuant to section 7503 of the FCAA, emission offsets in nonattainment areas are required to be in the form of, and against, actual emissions. Actual emissions preceding the filing of the application …