Montana Administrative Code

17.8.323 SULFUR OXIDE EMISSIONS--PRIMARY COPPER SMELTERS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-203, MCA Implementing statute(s): 75-2-203, MCA History: Eff. 12/31/72; AMD, 1981 MAR p. 203, Eff. 3/13/81; TRANS, from DHES, 1996 MAR p. 2285; REP, 2001 MAR p. 560, Eff 4/6…

17.8.324 HYDROCARBON EMISSIONS--PETROLEUM PRODUCTS (1) No person shall place, store or hold in any stationary tank, reservoir or other container of more than 65,000 gallons capacity any crude oil, gasoline or petroleum distillate having a vapor pressure of 2.5 pounds per square i…

17.8.325 MOTOR VEHICLES (1) No person shall intentionally remove, alter or otherwise render inoperative, exhaust emission control, crank case ventilation or any other air pollution control device which has been installed as a requirement of federal law or regulation. (2) No perso…

17.8.326 PROHIBITED MATERIALS FOR WOOD OR COAL RESIDENTIAL STOVES (1) No person may cause or authorize the use of the following materials to be combusted in any residential solid-fuel combustion device such as a wood, coal, or pellet stove or fireplace: (a) food wastes; (b) Styro…

17.8.330 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS--DEFINITIONS For the purposes of this rule, the following definitions apply: (1) "Aluminum manufacturing" means the electrolytic reduction of alumina (aluminum oxide) to aluminum. (2) "Emission" means a release into the out…

17.8.331 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS--STANDARDS FOR FLUORIDE (1) No owner or operator subject to the provisions of this rule may cause the emission into the atmosphere from any existing primary aluminum reduction plant of any gasses which contain total fluorid…

17.8.332 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS--STANDARD FOR VISIBLE EMISSIONS (1) No owner or operator subject to this rule may cause the emission into the atmosphere from any potroom group of any gasses or particles which exhibit 10% opacity or greater, as determined …

17.8.333 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS--MONITORING AND REPORTING (1) For the purpose of this rule the department adopts and incorporates by reference 40 CFR 60.195 which sets forth test methods and procedures for primary aluminum reduction plants. A copy of this…

17.8.334 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS--STARTUP AND SHUTDOWN (REPEALED) Authorizing statute(s): 75-2-111, 75-2-203, MCA Implementing statute(s): 75-2-203, MCA History: NEW, 1982 MAR p. 390, Eff. 2/26/82; TRANS, from DHES, 1996 MAR p. 2285; REP, 2016 MAR p. 512, …

17.8.335 MAINTENANCE OF AIR POLLUTION CONTROL EQUIPMENT FOR EXISTING ALUMINUM PLANTS (REPEALED) Authorizing statute(s): 75-2-111, MCA Implementing statute(s): 75-2-203, MCA History: NEW, 2002 MAR p. 2189, Eff. 8/16/02; AMD, 2005 MAR p. 321, Eff. 2/25/05; REP, 2016 MAR p. 512, Eff…

17.8.340 STANDARD OF PERFORMANCE FOR NEW STATIONARY SOURCES AND EMISSION GUIDELINES FOR EXISTING SOURCES (1) For the purpose of this rule, the following definitions apply: (a) "Administrator", as used in 40 CFR Part 60, means the department, except in the case of those duties whi…

17.8.341 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (1) For the purpose of this rule, the terms and associated definitions specified in 40 CFR 61.02, shall apply, except that: (a) "Administrator", as used in 40 CFR Part 61, means the department, except in the case of those d…

17.8.342 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (1) The owner or operator of any affected source, as defined and applied in 40 CFR Part 63, shall comply with the requirements of 40 CFR Part 63, incorporated by reference in ARM 17.8.302. All referenc…

17.8.401 DEFINITIONS In this subchapter, the following definitions apply: (1) The following apply to the definition of the term "dispersion technique": (a) "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by: …

17.8.402 REQUIREMENTS (1) The degree of emission limitation required of any source or stack for control of any air pollutant regulated under the Clean Air Act of Montana may not be affected by so much of any source's stack height that exceeds good engineering practice or by any o…

17.8.403 EXEMPTIONS (1) The requirements of ARM 17.8.402 do not apply to stack heights in existence or dispersion techniques implemented on or before December 31, 1970, except when pollutants are being emitted from such stacks or using such dispersion techniques by stationary sou…

17.8.501 DEFINITIONS For the purposes of this subchapter, the following definitions apply: (1) "Facility" means any real or personal property that is either stationary or portable and is located on one or more contiguous or adjacent properties under the control of the same owner …

17.8.504 AIR QUALITY PERMIT APPLICATION FEES (1) An applicant submitting a Montana air quality permit application required in ARM Title 17, chapter 8, subchapters 7, 8, 9, or 10, shall submit the appropriate application fee as follows: (a) for a facility subject to ARM Title 17, …

17.8.505 AIR QUALITY OPERATION FEES (1) An annual air quality operation fee must be submitted to the department by the owner or operator of each facility: (a) for which a Montana air quality permit has been issued by the department and remains in effect; (b) for which an air qual…

17.8.506 CREDIT AGAINST AIR PERMITTING FEES FOR CERTAIN USES OF POSTCONSUMER GLASS (1) Sections 75-2-224 through 75-2-227 , MCA, provide a credit against the fees imposed under this subchapter for using postconsumer glass in recycled material. (2) For the purposes of this rule, "…

17.8.510 ANNUAL REVIEW (1) No later than September 30 of each year, the department shall report to the board regarding fees associated with air quality permits and facility registrations, which are anticipated for the next calendar year. This report shall include a description of…

17.8.511 AIR QUALITY PERMIT APPLICATION/OPERATION FEE ASSESSMENT APPEAL PROCEDURES (1) The department's fee assessment may be appealed by the owner or operator of the facility to the Board of Environmental Review within 20 days of: (a) receipt of the fee assessment notice; or (b)…

17.8.514 AIR QUALITY OPEN BURNING FEES (1) Concurrent with submittal of an air quality major open burning permit application, as required in ARM 17.8.610, the applicant shall submit an air quality major open burning permit application fee. (2) Air quality major open burning fees …

17.8.515 AIR QUALITY OPEN BURNING FEES FOR CONDITIONAL, EMERGENCY, CHRISTMAS TREE WASTE, COMMERCIAL FILM PRODUCTION, AND FIREFIGHTER TRAINING OPEN BURNING PERMITS (1) Concurrent with submittal of an air quality open burning permit application, as required in ARM 17.8.611, 17.8.61…

17.8.601 DEFINITIONS (1) "Best available control technology" (BACT) means those techniques and methods of controlling emission of pollutants from an existing or proposed open burning source which limit those emissions to the maximum degree which the department determines, on a ca…

17.8.602 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference ARM Title 17, chapter 53, subchapter 5, identifying and defining hazardous wastes. (2) A copy of ARM Title 17, chapter 53, subchapter 5, may be obtaine…

17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The following material may not be disposed of by open burning: (a) any waste which is moved from the premises where it was generated, except as provided in ARM 17.8.604(2), 17.8.611, or 17.8.612(4)(a) or (b); (b) food wastes; (c…

17.8.605 SPECIAL BURNING PERIODS (1) The following categories of open burning may be conducted during the entire year: (a) prescribed wildland open burning; (b) open burning to train firefighters under ARM 17.8.615; (c) open burning authorized under the emergency open burning per…

17.8.606 MINOR OPEN BURNING SOURCE REQUIREMENTS (1) Unless required to obtain an open burning permit under another provision of this subchapter, a minor open burning source need not obtain an air quality open burning permit. (2) A minor open burning source must: (a) conform with …

17.8.610 MAJOR OPEN BURNING SOURCE RESTRICTIONS (1) Prior to open burning, a major open burning source must submit an application to the department for an air quality major open burning permit. The application must be accompanied by the appropriate air quality permit application …

17.8.611 EMERGENCY OPEN BURNING PERMITS (1) The department may issue an emergency air quality open burning permit to allow burning of a substance not otherwise approved for burning under this subchapter if the applicant demonstrates that the substance to be burned poses an immedi…

17.8.612 CONDITIONAL AIR QUALITY OPEN BURNING PERMITS (1) The department may issue a conditional air quality open burning permit if the department determines that: (a) alternative methods of disposal would result in extreme economic hardship to the applicant; and (b) emissions fr…

17.8.613 CHRISTMAS TREE WASTE OPEN BURNING PERMITS (1) The department may issue an air quality open burning permit for disposal of Christmas tree waste, as defined in ARM 17.8.601(2). (2) The department may issue an air quality Christmas tree waste open burning permit if the depa…

17.8.614 COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS (1) The department may issue an air quality commercial film production open burning permit for open burning of otherwise prohibited material as part of a commercial, educational film, or video production for motion pictures…

17.8.615 FIREFIGHTER TRAINING (1) The department may issue an air quality open burning permit for open burning of asphalt shingles, tar paper, or insulated wire which is part of a building or standing structure, oil or petroleum products, and automobile or aircraft bodies and int…

17.8.701 DEFINITIONS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, 75-2-215, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1985 MAR p. 1326, Eff. 9/13/85; AMD, 1987 MAR p. 159, Eff. 2/14/87; AMD, 1989 MAR p. 756, E…

17.8.702 INCORPORATION BY REFERENCE (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-211, 75-2-215, MCA History: NEW, 1993 MAR p. 2930, Eff. 12/10/93; AMD, 1994 MAR p. 2828, Eff. 10/28/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1996 MAR p…

17.8.704 GENERAL PROCEDURES FOR AIR QUALITY PRECONSTRUCTION PERMITTING (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1993 MAR p. 2930, Eff. 12/10/93; AMD, 1995 MAR p. 535, Eff. 4/14/95; TRANS, from DHES, …

17.8.705 WHEN PERMIT REQUIRED--EXCLUSIONS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1982 MAR p. 697, Eff. 4/16/82; AMD, 1984 MAR p. 503, Eff. 3/30/84; AMD, 1985 MAR…

17.8.706 NEW OR ALTERED SOURCES AND STACKS--PERMIT APPLICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, 75-2-215, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1991 MAR p. 2606, Eff. 12/27/91; TRA…

17.8.707 WAIVERS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; TRANS, from DHES, 1996 MAR p. 2285; REP, 2002 MAR p. 3567, Eff. 12/27/02.

17.8.708 NOTIFICATION OF EMISSIONS INCREASE (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: TRANS, from DHES, 1996 MAR p. 2285; NEW, 1996 MAR p. 2293, Eff. 8/23/96; REP, 1999 MAR p. 1206, Eff. 6/4/99.

17.8.710 CONDITIONS FOR ISSUANCE OF PERMIT (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1982 MAR p. 1201, Eff. 6/18/82; AMD, 1985 MAR p. 1326, Eff. 9/13/85; AMD, 1987 …

17.8.715 EMISSION CONTROL REQUIREMENTS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1989 MAR p. 756, Eff. 6/16/89; TRANS, from DHES, 1996 MAR p. 2285; REP, 2002 MAR p.…

17.8.716 INSPECTION OF PERMIT (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; TRANS, from DHES, 1996 MAR p. 2285; REP, 2002 MAR p. 3567, Eff. 12/27/02.

17.8.717 COMPLIANCE WITH OTHER STATUTES AND RULES (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; TRANS, from DHES, 1996 MAR p. 2285; REP, 2002 MAR p. 3567, Eff. 12/27/02.

17.8.720 PUBLIC REVIEW OF PERMIT APPLICATIONS (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, 75-20-216, MCA Implementing statute(s): 75-2-204, 75-2-211, 75-20-216, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1980 MAR p. 3119, Eff. 12/27/80; AMD, 1985 MAR p. 1326…