Montana Administrative Code

17.8.1213 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO COMPLIANCE (1) All air quality operating permits shall contain the provisions required by this rule with respect to compliance. (2) Consistent with ARM 17.8.1212, all permits shall contain compliance cert…

17.8.1214 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO THE PERMIT SHIELD AND EMERGENCIES (1) 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 per…

17.8.1215 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO OPERATIONAL FLEXIBILITY (1) If requested by the applicant, the department shall issue an air quality operating permit that contains terms and conditions for reasonably anticipated operating scenarios iden…

17.8.1220 AIR QUALITY OPERATING PERMIT ISSUANCE, RENEWAL, REOPENING, AND MODIFICATION (1) An air quality operating permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met: (a) the department has received a complete applic…

17.8.1221 OPERATION WITHOUT AN AIR QUALITY OPERATING PERMIT AND APPLICATION SHIELD (1) 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 …

17.8.1222 GENERAL AIR QUALITY OPERATING PERMITS (1) 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. (2) The departme…

17.8.1223 TEMPORARY AIR QUALITY OPERATING PERMITS (1) 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 …

17.8.1224 ADDITIONAL REQUIREMENTS FOR OPERATIONAL FLEXIBILITY AND AIR QUALITY OPERATING PERMIT CHANGES THAT DO NOT REQUIRE REVISIONS (1) A source holding an air quality operating permit is authorized to make changes within a permitted facility as described in (3) and (4), providi…

17.8.1225 ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT AMENDMENTS (1) An administrative permit amendment may be made by the department to an air quality operating permit, consistent with the following: (a) The department shall take no more than 60 days from receipt of…

17.8.1226 ADDITIONAL REQUIREMENTS FOR MINOR AIR QUALITY OPERATING PERMIT MODIFICATIONS (1) Minor air quality operating permit modification procedures may be used only for those permit modifications that: (a) do not violate any applicable requirement; (b) do not involve significan…

17.8.1227 ADDITIONAL REQUIREMENTS FOR SIGNIFICANT AIR QUALITY OPERATING PERMIT MODIFICATIONS (1) 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 inc…

17.8.1228 ADDITIONAL REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT REVOCATION, REOPENING, AND REVISION FOR CAUSE (1) An air quality operating permit may be reopened and revised only under the following circumstances: (a) Additional applicable requirements under the FCAA become ap…

17.8.1231 NOTICE OF TERMINATION, MODIFICATION, OR REVOCATION AND REISSUANCE BY THE ADMINISTRATOR FOR CAUSE (1) 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 p…

17.8.1232 PUBLIC PARTICIPATION (1) 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 modifi…

17.8.1233 PERMIT REVIEW BY THE ADMINISTRATOR AND AFFECTED STATES (1) 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 boa…

17.8.1234 ACID RAIN--PERMITS REGULATION (1) For the purpose of this rule, the following definitions apply: (a) "Permitting authority," as used in 40 CFR Part 72, means the Montana Department of Environmental Quality. (b) The terms and associated definitions specified in 40 CFR Pa…

17.8.130 ENFORCEMENT PROCEDURES--NOTICE OF VIOLATION--ORDER TO TAKE CORRECTIVE ACTION (1) A written notice of violation may contain, but is not limited to: (a) the name of the alleged violator; (b) the last known address of the alleged violator; (c) the number of the permit, if a…

17.8.1301 DEFINITIONS (1) 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. (2) For the purposes of this subchapter and 40 CFR Part 93, subpart A, as adopted b…

17.8.1302 INCORPORATION BY REFERENCE (1) 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 de…

17.8.1304 DETERMINING CONFORMITY OF TRANSPORTATION PLANS, PROGRAMS, AND PROJECTS TO STATE OR FEDERAL IMPLEMENTATION PLANS (1) Any entity responsible for preparing any transportation plan, program, or project developed, funded, or approved under Title 23 USC or the Federal Transit…

17.8.1305 CONSULTATION REQUIREMENTS: APPLICABILITY (1) 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…

17.8.1306 CONSULTATION PROCEDURES (1) 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 requirement…

17.8.131 ENFORCEMENT PROCEDURES--APPEAL TO BOARD (1) If the alleged violator desires to petition the board for hearings, the form of the petition shall be in substantially the following form: (a) The name, address and telephone number of the petitioner, or other person authorized…

17.8.1310 SPECIAL ISSUES (1) In conducting consultations pursuant to ARM 17.8.1306 , responsible entities shall ensure that the following special issues are addressed, when applicable: (a) evaluating and choosing a model or models and associated methods and assumptions to be used…

17.8.1311 NOTICE REQUIREMENTS FOR NON-FHWA/FTA PROJECTS (1) 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 Transi…

17.8.1312 CONFLICT RESOLUTION (1) 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 affec…

17.8.1313 PUBLIC CONSULTATION PROCEDURES (1) The following public consultation procedures must be adhered to during actions required by 40 CFR Part 93, subpart A, or this subchapter: (a) Local air quality agencies and the department shall utilize a proactive public involvement pr…

17.8.132 CREDIBLE EVIDENCE (1) 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…

17.8.140 REHEARING PROCEDURES--FORM AND FILING OF PETITION (1) The petition shall contain the following information: (a) The name, address and telephone number of the aggrieved party or other party authorized to receive service of notices. (b) The file or docket number assigned b…

17.8.1401 DEFINITIONS (1) For the purposes of this subchapter, terms have the meaning as defined in 40 CFR 93.152. (2) 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: (a) "M…

17.8.1402 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR Part 93, subpart B, which requires the conformity of general federal actions, other than those covered by subpart A, to stat…

17.8.141 REHEARING PROCEDURES--FILING REQUIREMENTS (1) 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…

17.8.142 REHEARING PROCEDURES--BOARD REVIEW (1) 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. (2) Procedure shall be in accordance with the rules …

17.8.150 DEFINITIONS For purposes of this subchapter, the following terms have the following meanings: (1) "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA. (2) "Potential conflict of interest" means: (a) any income from a regulated person; or (b) an…

17.8.1501 DEFINITIONS As used in this subchapter, unless indicated otherwise, the following definitions apply: (1) The terms "air quality operating permit" or "permit", "air quality permit revision" or "permit revision", "applicable requirement", "emissions unit", "major source",…

17.8.1502 INCORPORATION BY REFERENCE (1) For purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR 51.214 and 40 CFR Part 51, Appendix P, which set forth EPA minimum emissions monitoring requirements for the Montana State Imple…

17.8.1503 APPLICABILITY (1) 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 a…

17.8.1504 GENERAL CRITERIA FOR MONITORING DESIGN (1) 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 ge…

17.8.1505 PERFORMANCE CRITERIA AND EVALUATION FACTORS FOR MONITORING DESIGN (1) The owner or operator shall design the monitoring to meet the following performance criteria: (a) specifications that provide for obtaining data that are representative of the emissions or parameters …

17.8.1506 SPECIAL CRITERIA FOR MONITORING DESIGN (1) 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 o…

17.8.1507 SUBMITTAL REQUIREMENTS FOR MONITORING INDICATORS AND PRESUMPTIVELY ACCEPTABLE MONITORING (1) 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 follo…

17.8.1508 ADDITIONAL SUBMITTAL REQUIREMENTS REGARDING OPERATING PARAMETER DATA, PERFORMANCE TESTING, IMPLEMENTATION PLANS, AND MULTIPLE UNITS AND CONTROL DEVICES (1) Except as provided in (3) below, the owner or operator shall submit control device (and process and capture system…

17.8.1509 DEADLINES FOR SUBMITTALS (1) 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 …

17.8.151 BOARD ACTION (1) 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: (a) represent the public interest; and (b) do not derive a significant portion …

17.8.1510 APPROVAL OF MONITORING (1) 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 requirement…

17.8.1511 OPERATION OF APPROVED MONITORING (1) 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…

17.8.1512 QUALITY IMPROVEMENT PLAN REQUIREMENTS (1) 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 qu…