Montana Administrative Code

17.74.506 DECONTAMINATION PERFORMANCE, ASSESSMENT, AND INSPECTION (1) A certified cleanup contractor shall submit the following documentation for the department to confirm that the decontamination standards provided in 75-10-1303, MCA, and ARM 17.74.505 have been met for an inhab…

17.74.507 PERFORMANCE STANDARDS (1) The following must be completed by certified cleanup contractors: (a) site assessment, decontamination, disposal of contaminated material, and post-decontamination final sampling performed in accordance with department-approved work plans; and …

17.74.508 CONTRACTOR CERTIFICATION AND RENEWAL (1) An applicant for department certification as a cleanup contractor shall submit to the department: (a) a completed application for certification as a cleanup contractor, on a form provided by the department; (b) evidence of succes…

17.74.509 WORKER AND SUPERVISOR CERTIFICATION (REPEALED) Authorizing statute(s): 75-10-1304, MCA Implementing statute(s): 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; REP, 2014 MAR p. 2651, Eff. 10/24/14.

17.74.510 WORKER AND SUPERVISOR CERTIFICATION RENEWAL (REPEALED) Authorizing statute(s): 75-10-1304, MCA Implementing statute(s): 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; REP, 2014 MAR p. 2651, Eff. 10/24/14.

17.74.511 INITIAL TRAINING COURSE REQUIREMENTS (1) Initial certified cleanup contractor training courses must be taught by a certified training provider and must include a minimum of 16 hours of certified cleanup contractor training that covers: (a) state and federal laws, rules,…

17.74.512 REFRESHER TRAINING COURSE REQUIREMENTS (1) Certified cleanup contractor refresher training courses must be taught by a certified training provider issued pursuant to ARM 17.74.514 and must include, at a minimum, eight hours of training. This training must include: (a) a…

17.74.513 RECIPROCITY (1) The department shall provide reciprocal certification for cleanup contractors trained and certified in another state, provided: (a) the applicant has successfully completed a department-approved refresher training course; and (b) the standards and traini…

17.74.514 TRAINING PROVIDER CERTIFICATION (1) A person may not provide initial or refresher training for department certification of cleanup contractors, without a current department-issued cleanup contractor training provider certificate. (2) An applicant for cleanup contractor …

17.74.515 CERTIFIED TRAINING PROVIDER RESPONSIBILITIES (1) A certified cleanup contractor training provider shall: (a) notify the department in writing at least 10 working days prior to any cleanup contractor training is scheduled to begin. The notification must include the date(…

17.74.516 TRAINING PROVIDER CERTIFICATION RENEWAL (1) An applicant for renewal of cleanup contractor training provider certification shall submit the following to the department at least 30 working days before expiration of the current certificate: (a) a completed cleanup contrac…

17.74.517 DENIAL, SUSPENSION, AND REVOCATION OF CERTIFICATION (1) The department may deny, suspend, or revoke the certification of a cleanup contractor or cleanup contractor training provider who fails to meet any of the requirements of this subchapter. (2) The department may sus…

17.74.518 FEES (1) Concurrent with submittal of an application under this subchapter, the applicant shall pay the following fees: (a) $500 for each initial, renewal, or reciprocal cleanup contractor certificate application; and (b) $500 for each initial or renewal cleanup contrac…

17.74.519 SAMPLING PROCEDURES (1) All sampling procedures and laboratory analysis to verify the attainment of the decontamination standard for methamphetamine or fentanyl in ARM 17.74.505 must be conducted in accordance with the NIOSH 9111 method with the following exceptions: (a…

17.74.520 RECORDKEEPING, REPORTS, AND SUBMITTALS (1) Each assessment, work, and final clearance plan must: (a) be prepared by the certified cleanup contractor; (b) be submitted to the department no less than 10 working days before the intended plan implementation; (c) include the…

17.74.521 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the National Institute for Occupational Safety and Health (NIOSH) method 9111, METHAMPHETAMINE on Wipes by Liquid Chromatography/Mass Spectrometry. As…

17.8.1001 DEFINITIONS For the purpose of this subchapter: (1) The definitions contained in ARM 17.8.901 shall be applicable. (2) "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…

17.8.1002 INCORPORATION BY REFERENCE (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; (b) 40 CFR Part 61, pertaining to emission stand…

17.8.1004 WHEN MONTANA AIR QUALITY PERMIT REQUIRED (1) 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 co…

17.8.1005 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT (1) 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: (a) the new source is required…

17.8.1006 REVIEW OF SPECIFIED SOURCES FOR AIR QUALITY IMPACT (1) 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 g…

17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS (1) For the purposes of this subchapter, the following requirements apply: (a) The requirements of ARM 17.8.906, except that ARM 17.8.906(7) through (9) do not apply to offsets required under this sub…

17.8.101 DEFINITIONS 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 th…

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCE DOCUMENTS (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, 2023, edition of the Co…

17.8.103 INCORPORATION BY REFERENCE (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 atmosphe…

17.8.105 TESTING REQUIREMENTS (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 …

17.8.106 SOURCE TESTING PROTOCOL (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 …

17.8.110 MALFUNCTIONS (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,…

17.8.1101 DEFINITIONS For the purposes of this subchapter: (1) "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. (2) "Adverse impact on visibility" means visibility impairment which the dep…

17.8.1102 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR 81.327, providing attainment status designation for Montana pursuant to section 107 of the FCAA; (b) "Workbook for Plume Vis…

17.8.1103 APPLICABILITY--VISIBILITY REQUIREMENTS (1) 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 constru…

17.8.1106 VISIBILITY IMPACT ANALYSIS (1) 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 emissio…

17.8.1107 VISIBILITY MODELS (1) 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. Equiva…

17.8.1108 NOTIFICATION OF PERMIT APPLICATION (1) 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 approp…

17.8.1109 ADVERSE IMPACT AND FEDERAL LAND MANAGER (1) 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 adver…

17.8.111 CIRCUMVENTION (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 …

17.8.1110 VISIBILITY MONITORING (1) 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 p…

17.8.1111 ADDITIONAL IMPACT ANALYSIS (1) 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 majo…

17.8.120 VARIANCE PROCEDURES--INITIAL APPLICATION (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…

17.8.1201 DEFINITIONS In this subchapter, unless indicated otherwise, the following definitions apply: (1) "Administrative permit amendment" means an air quality operating permit revision that: (a) corrects typographical errors; (b) identifies a change in the name, address, or ph…

17.8.1202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR 70.3, pertaining to those sources and source categories designated by the administrator as requiring an operating permit pur…

17.8.1203 AIR QUALITY OPERATING PERMIT PROGRAM OVERVIEW (1) 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,…

17.8.1204 AIR QUALITY OPERATING PERMIT PROGRAM APPLICABILITY (1) The requirements of this subchapter apply to the following sources: (a) any major source, as defined in this subchapter; (b) any source, including an area source, subject to a requirement under section 111 of the FC…

17.8.1205 REQUIREMENTS FOR TIMELY AND COMPLETE AIR QUALITY OPERATING PERMIT APPLICATIONS (1) 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 accorda…

17.8.1206 INFORMATION REQUIRED FOR AIR QUALITY OPERATING PERMIT APPLICATIONS (1) 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 …

17.8.1207 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS (1) 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 …

17.8.121 VARIANCE PROCEDURES--RENEWAL APPLICATION (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 app…