Montana Administrative Code

17.8.1601 DEFINITIONS For the purposes of this subchapter, the following definitions apply: (1) "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 r…

17.8.1602 APPLICABILITY AND COORDINATION WITH MONTANA AIR QUALITY PERMIT RULES (1) 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 (P…

17.8.1603 EMISSION CONTROL REQUIREMENTS (1) 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: (a) volatile organic compound (VOC) vapors grea…

17.8.1604 INSPECTION AND REPAIR REQUIREMENTS (1) 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. (2) The owner or operator shall …

17.8.1605 RECORDKEEPING REQUIREMENTS (1) 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. (2) Inspection records must include, at a minimum, the following information: (a) th…

17.8.1606 DELAYED EFFECTIVE DATE (1) 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: (1) "Emitting unit" means: (a) 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 (b) any equipment from which emissions…

17.8.1702 APPLICABILITY (1) 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 obt…

17.8.1703 REGISTRATION PROCESS AND INFORMATION (1) 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 reg…

17.8.1704 REGISTRATION FEE (1) 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 info…

17.8.1705 OPERATING REQUIREMENTS: FACILITY-WIDE (1) 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, aud…

17.8.1710 OIL OR GAS WELL FACILITIES GENERAL REQUIREMENTS (1) 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 co…

17.8.1711 OIL OR GAS WELL FACILITIES EMISSION CONTROL REQUIREMENTS (1) 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…

17.8.1712 OIL OR GAS WELL FACILITIES INSPECTION AND REPAIR REQUIREMENTS (1) 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. (2) Th…

17.8.1713 OIL OR GAS WELL FACILITIES RECORDKEEPING AND REPORTING REQUIREMENTS (1) 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. (2) Inspection rec…

17.8.1801 DEFINITIONS For the purposes of this subchapter, the following definitions apply: (1) "Asphalt plant" means a facility used to manufacture asphalt by heating and drying aggregate and mixing it with asphalt cement. (2) "Concrete batch plant" means a facility that combine…

17.8.1802 APPLICABILITY (1) This subchapter applies to the following facilities: (a) Nonmetallic mineral processing plants with annual production of less than 8,000,000 tons as a rolling 12-month total. (b) Concrete batch plants with annual production of less than 1,000,000 cubic…

17.8.1805 REGISTRATION PROCESS AND INFORMATION (1) Except as provided in (3), the owner or operator of a facility that meets the applicability criteria of ARM 17.8.1802 and that commences operation after April 27, 2019 shall: (a) register the facility with the department prior to…

17.8.1806 GENERAL OPERATING REQUIREMENTS (1) Registration of a facility under this subchapter does not relieve an owner or operator of the responsibility to comply with: (a) applicable federal, state, or local statutes, rules, or orders; and (b) control strategies contained in th…

17.8.1807 NOTICE OF LOCATION (1) Unless the owner or operator of a facility required to be registered under this subchapter has previously submitted the location of a facility under ARM 17.8.1805(4), the owner or operator shall submit to the department a notice of location for ea…

17.8.1810 DEREGISTRATION (1) The department may deregister a facility: (a) on written request of the owner or operator, or (b) for a violation of this chapter. (2) To deregister a facility under (1)(b), the department shall notify the owner or operator in writing of its intent to…

17.8.1811 RECORDKEEPING AND REPORTING (1) An owner or operator of a facility required to be registered under this subchapter shall make records that include: (a) the location at which the facility was operated; (b) daily production rates and rolling 12-month total production in t…

17.8.1812 REQUIREMENTS FOR CONCRETE BATCH PLANTS (1) Except as provided in (2), an owner or operator of a concrete batch plant required to be registered under this subchapter shall control particulate emissions from the facility at all times during operation using: (a) a fabric f…

17.8.1815 REQUIREMENTS FOR ASPHALT PLANTS (1) An owner or operator of an asphalt plant required to register under this subchapter: (a) shall limit particulate matter emissions to no more than: (i) 0.04 grains per dry standard cubic foot; or (ii) 0.10 grains per dry standard cubic…

17.8.201 DEFINITIONS In this subchapter, the following words and phrases shall have the following meanings: (1) "Act" means the Montana Clean Air Act. (2) "Administrator," as used in 40 CFR Part 58, means the department. (3) "Ambient air quality standards" means a permissible lev…

17.8.202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) The Montana Ambient Air Monitoring Program Quality Assurance Project Plan (2023), a department manual that specifies ambient air sam…

17.8.204 AMBIENT AIR MONITORING (1) The requirements of this rule apply to any ambient air monitoring performed by the department or any other entity that is: (a) required by this chapter; (b) used to demonstrate compliance with this chapter; (c) submitted in an application for, …

17.8.205 ENFORCEABILITY (1) Any person who violates any provision of this subchapter shall be subject to the enforcement provisions of the Act. Except as otherwise provided in this subchapter, the ambient air quality standards are applicable throughout the state of Montana. Autho…

17.8.206 METHODS AND DATA (REPEALED) Authorizing statute(s): 75-2-111, 75-2-202, MCA Implementing statute(s): 75-2-202, MCA History: NEW, 1980 MAR p. 2399, Eff. 8/15/80; AMD, 1986 MAR p. 2007, Eff. 12/12/86; AMD, 1989 MAR p. 2059, Eff. 12/8/89; AMD, 1992 MAR p. 144, Eff. 1/31/92;…

17.8.210 AMBIENT AIR QUALITY STANDARDS FOR SULFUR DIOXIDE (1) No person shall cause or contribute to concentrations of sulfur dioxide in the ambient air which exceed any of the following standards: (a) hourly average: 0.50 ppm, one-hour average, not to be exceeded more than 18 ti…

17.8.211 AMBIENT AIR QUALITY STANDARDS FOR NITROGEN DIOXIDE (1) No person shall cause or contribute to concentrations of nitrogen dioxide in the ambient air which exceed any of the following standards: (a) hourly average: 0.30 ppm, one-hour average, not to be exceeded more than o…

17.8.212 AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE (1) No person shall cause or contribute to concentrations of carbon monoxide in the ambient air which exceed any of the following standards: (a) Hourly average: 23 ppm, hourly average, not to be exceeded more than once pe…

17.8.213 AMBIENT AIR QUALITY STANDARD FOR OZONE (1) No person shall cause or contribute to concentrations of ozone in the ambient air which exceed the following standard: (a) hourly average: 0.10 ppm one-hour average, not to be exceeded more than once per year. (2) For determinin…

17.8.214 AMBIENT AIR QUALITY STANDARD FOR HYDROGEN SULFIDE (1) No person shall cause or contribute to concentrations of hydrogen sulfide in the ambient air which exceed the following standard: (a) hourly average: 0.05 ppm, one-hour average, not to be exceeded more than once per y…

17.8.220 AMBIENT AIR QUALITY STANDARD FOR SETTLED PARTICULATE MATTER (1) No person shall cause or contribute to concentrations of particulate matter in the ambient air such that the mass of settled particulate matter exceeds the following standard: (a) thirty-day average: 10 gm/m…

17.8.221 AMBIENT AIR QUALITY STANDARD FOR VISIBILITY (1) No person shall cause or contribute to concentrations of particulate matter such that the scattering coefficient of particulate matter in the ambient air exceeds the following standard: (a) annual average: 3 x 10 -5 per met…

17.8.222 AMBIENT AIR QUALITY STANDARD FOR LEAD (1) No person shall cause or contribute to concentrations of lead in the ambient air which exceed the following standard: (a) ninety-day average: 1.5 µg/m 3 of air, 90-day average, not to be exceeded. (2) For determining compliance w…

17.8.223 AMBIENT AIR QUALITY STANDARD FOR PM-10 (1) No person may cause or contribute to concentrations of PM-10 in the ambient air which exceed the following standards: (a) Twenty-four hour average: 150 µg/m 3 of air, 24-hour average, with no more than one expected exceedance pe…

17.8.230 FLUORIDE IN FORAGE (1) No person may cause or contribute to concentrations of fluoride in or on forage which exceed the following standards: (a) monthly average: 50 µg/g. (b) grazing season average: 35 µg/g. (2) The following sampling protocol must be applied: (a) A samp…

17.8.301 DEFINITIONS For purposes of this subchapter, the following definitions apply: (1) "112(g) exemption" means a document issued by the department on a case-by-case basis, finding that a major source of HAP meets the criteria contained in 40 CFR 63.41 (definition of "constru…

17.8.302 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 and modifications, with the following exceptions: …

17.8.304 VISIBLE AIR CONTAMINANTS (1) No person may cause or authorize emissions to be discharged into the outdoor atmosphere from any source installed on or before November 23, 1968, that exhibit an opacity of 40% or greater averaged over six consecutive minutes. The provisions …

17.8.308 PARTICULATE MATTER, AIRBORNE (1) No person shall cause or authorize the production, handling, transportation, or storage of any material unless reasonable precautions to control emissions of airborne particulate matter are taken. Such emissions of airborne particulate ma…

17.8.309 PARTICULATE MATTER, FUEL BURNING EQUIPMENT (1) No person shall cause or authorize particulate matter caused by the combustion of fuel to be discharged from any stack or chimney into the outdoor atmosphere in excess of the rates in the following table: Maximum Allowable E…

17.8.310 PARTICULATE MATTER, INDUSTRIAL PROCESSES (1) No person shall cause or authorize particulate matter to be discharged, from any operation, process or activity, into the outdoor atmosphere in excess of the amount shown in the following table: (2) When the process weight rat…

17.8.315 ODORS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-203, MCA Implementing statute(s): 75-2-203, MCA History: Eff. 12/31/72; AMD, Eff. 9/5/75; AMD, 1993 MAR p. 2530, Eff. 10/29/93; TRANS, from DHES, 1996 MAR p. 2285; REP, 2001 MAR p. 976, Eff. 6/8/01.

17.8.316 INCINERATORS (1) An incinerator may not be used to burn solid or hazardous waste unless the incinerator is a multiple chamber incinerator or has a design of equal effectiveness approved by the department prior to installation or use. (2) A person may not cause or authori…