AIR QUALITY

17.8.130 ENFORCEMENT PROCEDURES--NOTICE OF VIOLATION--ORDER TO TAKE CORRECTIVE ACTION A written notice of violation may contain, but is not limited to: the name of the alleged violator; the last known address of the alleged violator; the number of the permit, if any, issued under…

17.8.1301 DEFINITIONS For the purposes of this subchapter, terms have the meaning as defined in 40 CFR 93.101, except that the definition of "regionally significant project" is modified below. For the purposes of this subchapter and 40 CFR Part 93, subpart A, as adopted by refere…

17.8.1302 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference 40 CFR Part 93, subpart A, which sets forth the conformity to state or federal implementation plans of transportation plans, programs, and projects develo…

17.8.1304 DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS TO STATE OR FEDERAL IMPLEMENTATION PLANS Any entity responsible for preparing any transportation plan, program, or project developed, funded, or approved under Title 23 USC or the Federal Transit Act…

17.8.1305 CONSULTATION REQUIREMENTS: APPLICABILITY The consultation procedures set out in this subchapter must be utilized by the department and local air quality agencies in developing applicable air quality control plans, and by the Federal Highway Administration (FHWA) and Fed…

17.8.1306 CONSULTATION PROCEDURES Responsible entities shall conduct consultations in accordance with the specific procedures set out in Tables A through E of ARM 17.8.1305 . In conducting consultations, responsible entities shall comply with the following general requirements: T…

17.8.131 ENFORCEMENT PROCEDURES--APPEAL TO BOARD If the alleged violator desires to petition the board for hearings, the form of the petition shall be in substantially the following form: The name, address and telephone number of the petitioner, or other person authorized to rece…

17.8.1310 SPECIAL ISSUES In conducting consultations pursuant to ARM 17.8.1306 , responsible entities shall ensure that the following special issues are addressed, when applicable: evaluating and choosing a model or models and associated methods and assumptions to be used in hot-…

17.8.1311 NOTICE REQUIREMENTS FOR NON-FHWA/FTA PROJECTS Any state or local agency having the authority for planning or approving the construction of non-FHWA/FTA transportation project (including those by recipients of funds designated under Title 23 USC or the Federal Transit Ac…

17.8.1312 CONFLICT RESOLUTION Conflicts among state agencies or between state agencies and an MPO or a local agency that arise during consultations conducted pursuant to this subchapter may be appealed to the governor as follows if the conflict cannot be resolved by the affected …

17.8.1313 PUBLIC CONSULTATION PROCEDURES The following public consultation procedures must be adhered to during actions required by 40 CFR Part 93, subpart A, or this subchapter: Local air quality agencies and the department shall utilize a proactive public involvement process wh…

17.8.132 CREDIBLE EVIDENCE 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, MC…

17.8.140 REHEARING PROCEDURES--FORM AND FILING OF PETITION The petition shall contain the following information: The name, address and telephone number of the aggrieved party or other party authorized to receive service of notices. The file or docket number assigned by the board …

17.8.1401 DEFINITIONS For the purposes of this subchapter, terms have the meaning as defined in 40 CFR 93.152. For the purposes of this subchapter and 40 CFR Part 93, subpart B, as adopted by reference in this subchapter, the following additional definitions apply: "MPO" means Me…

17.8.1402 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR Part 93, subpart B, which requires the conformity of general federal actions, other than those covered by subpart A, to state or fed…

17.8.141 REHEARING PROCEDURES--FILING REQUIREMENTS 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. Authorizing statute(s): 75-2-111, MCA Implementing statute(s): 75-2-411, MC…

17.8.142 REHEARING PROCEDURES--BOARD REVIEW 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. Procedure shall be in accordance with the rules of proce…

17.8.150 DEFINITIONS For purposes of this subchapter, the following terms have the following meanings: "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA. "Potential conflict of interest" means: any income from a regulated person; or any interest or re…

17.8.1501 DEFINITIONS As used in this subchapter, unless indicated otherwise, the following definitions apply: The terms "air quality operating permit" or "permit", "air quality permit revision" or "permit revision", "applicable requirement", "emissions unit", "major source", and…

17.8.1502 INCORPORATION BY REFERENCE For purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR 51.214 and 40 CFR Part 51, Appendix P, which set forth EPA minimum emissions monitoring requirements for the Montana State Implementatio…

17.8.1503 APPLICABILITY Except for backup utility units that are exempt under (3) below, the requirements of this subchapter shall apply to a pollutant-specific emissions unit at a major source that is required to obtain an air quality operating permit if the unit satisfies all o…

17.8.1504 GENERAL CRITERIA FOR MONITORING DESIGN To provide a reasonable assurance of compliance with emission limitations or standards for the anticipated range of operations at a pollutant-specific emissions unit, monitoring under this subchapter shall meet the following genera…

17.8.1505 PERFORMANCE CRITERIA AND EVALUATION FACTORS FOR MONITORING DESIGN The owner or operator shall design the monitoring to meet the following performance criteria: specifications that provide for obtaining data that are representative of the emissions or parameters being mo…

17.8.1506 SPECIAL CRITERIA FOR MONITORING DESIGN If a continuous emission monitoring system (CEMS) , continuous opacity monitoring system (COMS) or predictive emission monitoring system (PEMS) is required pursuant to other authority under the FCAA or state or local law, the owner…

17.8.1507 SUBMITTAL REQUIREMENTS FOR MONITORING INDICATORS AND PRESUMPTIVELY ACCEPTABLE MONITORING The owner or operator shall submit to the department monitoring that satisfies the design requirements in ARM 17.8.1504 through 17.8.1506. The submission shall include the following…

17.8.1508 ADDITIONAL SUBMITTAL REQUIREMENTS REGARDING OPERATING PARAMETER DATA, PERFORMANCE TESTING, IMPLEMENTATION PLANS, AND MULTIPLE UNITS AND CONTROL DEVICES Except as provided in (3) below, the owner or operator shall submit control device (and process and capture system, if…

17.8.1509 DEADLINES FOR SUBMITTALS For all pollutant-specific emissions units with the potential to emit (taking into account control devices to the extent appropriate under the definition of this term in ARM 17.8.1501(16)) the applicable regulated air pollutant in an amount equa…

17.8.151 BOARD ACTION 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: represent the public interest; and do not derive a significant portion of income fr…

17.8.1510 APPROVAL OF MONITORING Based on an application that includes the information submitted in accordance with ARM 17.8.1509, the department shall act to approve the monitoring submitted by the owner or operator by confirming that the monitoring satisfies the requirements in…

17.8.1511 OPERATION OF APPROVED MONITORING The owner or operator shall conduct the monitoring required under this subchapter upon issuance of an air quality operating permit that includes such monitoring, or by such later date specified in the permit pursuant to ARM 17.8.1510(4) …

17.8.1512 QUALITY IMPROVEMENT PLAN REQUIREMENTS Based on the results of a determination made under ARM 17.8.1511(5) , the department may require the owner or operator to develop and implement a quality improvement plan (QIP) . Consistent with ARM 17.8.1510(3) (d) , the air qualit…

17.8.1513 REPORTING AND RECORDKEEPING REQUIREMENTS On and after the date specified in ARM 17.8.1511(1) by which the owner or operator must use monitoring that meets the requirements of this subchapter, the owner or operator shall submit monitoring reports to the department in acc…

17.8.1514 SAVINGS PROVISIONS Nothing in this subchapter shall: excuse the owner or operator of a source from compliance with any existing emission limitation or standard, or any existing monitoring, testing, reporting or recordkeeping requirement that may apply under federal, sta…

17.8.152 REPORTING 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 …

17.8.1601 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Emissions minimizing technology" means a technology that reduces the amount of volatile organic compound (VOC) emissions from oil and gas well facilities through the use of resource recov…

17.8.1602 APPLICABILITY AND COORDINATION WITH MONTANA AIR QUALITY PERMIT RULES The requirements of this subchapter apply to oil and gas well facilities that were completed after March 16, 1979, or that were modified after March 16, 1979, and that have the potential to emit (PTE) …

17.8.1603 EMISSION CONTROL REQUIREMENTS The owner or operator of an oil and gas well facility shall install and operate the following air pollution control equipment and comply with the following air pollution control practices: volatile organic compound (VOC) vapors greater than…

17.8.1604 INSPECTION AND REPAIR REQUIREMENTS The owner or operator of an oil and gas well facility shall inspect all VOC piping components for leaks each calendar month. Leak detection methods may incorporate the use of sight, sound, or smell. The owner or operator shall make the…

17.8.1605 RECORDKEEPING REQUIREMENTS The owner or operator of an oil and gas well facility shall record, and maintain onsite or at a central field office, a record of each monthly inspection. Inspection records must include, at a minimum, the following information: the date of th…

17.8.1606 DELAYED EFFECTIVE DATE The requirements of ARM 17.8.1601 through 17.8.1605 are not effective until January 1, 2006. Authorizing statute(s): 75-2-111, 75-2-211, MCA Implementing statute(s): 75-2-211, MCA History: NEW, 2005 MAR p. 2660, Eff. 12/23/05.

17.8.1701 DEFINITIONS For the purposes of this subchapter: "Emitting unit" means: any equipment that emits or has the potential to emit any regulated air pollutant under the Clean Air Act of Montana through a stack(s) or vent(s) ; or any equipment from which emissions consist sol…

17.8.1702 APPLICABILITY The owner or operator of a registration eligible facility may register with the department in lieu of submitting an application for, and obtaining, a Montana air quality permit (MAQP) . Nothing in this subchapter precludes an owner or operator from obtaini…

17.8.1703 REGISTRATION PROCESS AND INFORMATION A registration eligible facility is registered upon the department's receipt of the form and information required in (2) and (3) and the appropriate fee required in ARM 17.8.1704. The department shall acknowledge receipt of a registr…

17.8.1704 REGISTRATION FEE The registration fee required by ARM 17.8.504 must be submitted to the department with each registration submitted under this subchapter. No fee is required for notifying the department, pursuant to ARM 17.8.1703(4) , of changes to registration informat…

17.8.1705 OPERATING REQUIREMENTS: FACILITY-WIDE The owner or operator of a registered facility shall allow the department's representatives access to the facility at all reasonable times for the purpose of making inspections or surveys, collecting samples, obtaining data, auditin…

17.8.1710 OIL OR GAS WELL FACILITIES GENERAL REQUIREMENTS The owner or operator of a registration eligible oil or gas well facility may submit to the department a complete registration form, pursuant to ARM 17.8.1701 through 17.8.1705, within 60 days after the initial well comple…

17.8.1711 OIL OR GAS WELL FACILITIES EMISSION CONTROL REQUIREMENTS The owner or operator of a registered oil or gas well facility shall install and operate the following air pollution control equipment and comply with the following air pollution control practices beginning at the…

17.8.1712 OIL OR GAS WELL FACILITIES INSPECTION AND REPAIR REQUIREMENTS The owner or operator of an oil or gas well facility shall inspect all VOC piping components for leaks each calendar month. Leak detection methods may incorporate the use of sight, sound, or smell. The owner …

17.8.1713 OIL OR GAS WELL FACILITIES RECORDKEEPING AND REPORTING REQUIREMENTS The owner or operator of an oil or gas well facility shall record, and maintain onsite or at a central field office, a record of each monthly inspection required by ARM 17.8.1712. Inspection records mus…

17.8.1801 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Asphalt plant" means a facility used to manufacture asphalt by heating and drying aggregate and mixing it with asphalt cement. "Concrete batch plant" means a facility that combines variou…