Montana Administrative Code

17.8.733 MODIFICATION OF PERMIT (REPEALED) Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff. 3/16/79; AMD, 1987 MAR p. 159, Eff. 2/14/87; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1996 MAR p. 2293, …

17.8.734 TRANSFER OF PERMIT (REPEALED) AIR QUALITY 17.8.740 Authorizing statute(s): 75-2-111, 75-2-204, MCA Implementing statute(s): 75-2-204, 75-2-211, MCA History: NEW, 1979 MAR p. 224, Eff.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. 1482, Eff. 7/30/82; AMD, 1987 MAR p. 159, Eff. 2/14/87; AMD, …

17.8.740 DEFINITIONS For the purposes of this subchapter: (1) "Alternative mercury emission limit" means a mercury emission limit for a mercury-emitting generating unit, established by the department in a permit issued or modified pursuant to 75-2-211, MCA, in lieu of compliance …

17.8.743 MONTANA AIR QUALITY PERMITS--WHEN REQUIRED (1) Except as provided in ARM 17.8.744, 17.8.745, and 17.8.1602, a person may not construct, install, modify, or operate any of the following without first obtaining a Montana air quality permit issued by the department: (a) a n…

17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS (1) A Montana air quality permit is not required under ARM 17.8.743 for the following: (a) residential fireplaces, barbecues, and similar devices for recreational, cooking, or heating use; (b) mobile emitting units, includi…

17.8.745 MONTANA AIR QUALITY PERMITS--EXCLUSION FOR DE MINIMIS CHANGES (1) A Montana air quality permit is not required under ARM 17.8.743 for de minimis changes as specified below: (a) Construction or changed conditions of operation at a facility for which a Montana air quality …

17.8.748 NEW OR MODIFIED EMITTING UNITS--PERMIT APPLICATION REQUIREMENTS (1) The owner or operator of a proposed new or modified facility or emitting unit that is subject to ARM 17.8.743 , shall, no later than 180 days before construction begins, or if construction is not require…

17.8.749 CONDITIONS FOR ISSUANCE OR DENIAL OF PERMIT (1) When the department issues a Montana air quality permit, the permit must authorize the construction and operation of the facility or emitting unit subject to the conditions in the permit and to the requirements of this subc…

17.8.752 EMISSION CONTROL REQUIREMENTS (1) The owner or operator of a new or modified facility or emitting unit for which a Montana air quality permit is required by this subchapter shall install on the new or modified facility or emitting unit the maximum air pollution control c…

17.8.755 INSPECTION OF PERMIT (1) Current Montana air quality permits must be made available for department inspection at the location of the facility or emitting unit for which the permit has been issued, unless the permittee and the department mutually agree on a different loca…

17.8.756 COMPLIANCE WITH OTHER REQUIREMENTS (1) This subchapter does not relieve any owner or operator of the responsibility for complying with any applicable federal or Montana statute, rule or board or court order, except as specifically provided in this subchapter. (2) Issuanc…

17.8.759 REVIEW OF PERMIT APPLICATIONS (1) Except for applications subject to ARM 17.8.760 , when an application for a permit does not require an environmental impact statement, the application is not considered filed until the owner or operator has submitted to the department al…

17.8.760 ADDITIONAL REVIEW OF PERMIT APPLICATIONS (1) When an application for a Montana air quality permit requires an environmental impact statement under the Montana Environmental Policy Act, 75-1-101 , et seq., MCA, the procedures for public review are those required by the Mo…

17.8.762 DURATION OF PERMIT (1) A Montana air quality permit is in effect until the permit is revoked under ARM 17.8.763 , amended under ARM 17.8.764 , or modified under ARM 17.8.748 . Portions of a Montana air quality permit may be revoked, amended, or modified without invalidat…

17.8.763 REVOCATION OF PERMIT (1) The department may revoke a Montana air quality permit or any portion of a permit upon written request of the permittee, or for violation of any requirement of the Clean Air Act of Montana, rules adopted under that Act, the Federal Clean Air Act …

17.8.764 ADMINISTRATIVE AMENDMENT TO PERMIT (1) The department may amend a Montana air quality permit, or any portion of a permit, for the following reasons: (a) changes in any applicable rules adopted by the department; (b) changes in operation that do not result in an increase …

17.8.765 TRANSFER OF PERMIT (1) A Montana air quality permit may be transferred from one location to another if: (a) the department receives a complete notice of intent to transfer location, including: (i) written notice of intent to transfer location on forms provided by the dep…

17.8.767 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference: (a) 40 CFR Part 51, subpart I, specifying requirements for state programs for issuing Montana air quality permits; (b) 40 CFR Part 51, Appendix M, spe…

17.8.770 ADDITIONAL REQUIREMENTS FOR INCINERATORS (1) An applicant for a Montana air quality permit for an incineration facility subject to 75-2-215, MCA, shall submit a human health risk assessment protocol and a human health risk assessment as part of the application. The human…

17.8.771 MERCURY EMISSION STANDARDS FOR MERCURY-EMITTING GENERATING UNITS (1) Except as provided in (3) , the owner or operator of a mercury-emitting generating unit shall: (a) if obtaining a Montana air quality permit pursuant to ARM 17.8.743 , install best available control tec…

17.8.772 MERCURY ALLOWANCE ALLOCATIONS UNDER CAP AND TRADE BUDGET (REPEALED) Authorizing statute(s): 75-2-203, 75-2-204, 75-2-211, MCA Implementing statute(s): 75-2-211, MCA History: NEW, 2006 MAR p. 2575, Eff. 10/27/06; REP, 2016 MAR p. 512, Eff. 3/19/16.

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: (1) "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with (1)(a) through (c). (a) Actual emissions as of a particular date shall equal…

17.8.802 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR 51.102, pertaining to requirements for public hearings for state programs; (b) 40 CFR Part 51, Appendix W, pertaining to the …

17.8.804 AMBIENT AIR INCREMENTS (1) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following: (2) For any period other than an annual period, the applicable maximum allowable increase may be…

17.8.805 AMBIENT AIR CEILINGS (1) No concentration of a pollutant shall exceed the concentration permitted under either the applicable secondary or primary national ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure. Authori…

17.8.806 RESTRICTIONS ON AREA CLASSIFICATIONS (1) All of the following areas are designated Class I areas and may not be redesignated: (a) Bob Marshall Wilderness Area; (b) Anaconda Pintler Wilderness Area; (c) Cabinet Mountains Wilderness Area; (d) Gates of the Mountains Wildern…

17.8.807 EXCLUSIONS FROM INCREMENT CONSUMPTION (1) The following concentrations will be excluded in determining compliance with a maximum allowable increase: (a) concentrations attributable to the increase in emissions from stationary sources which have converted from the use of …

17.8.808 REDESIGNATION (1) All areas of the state (except as otherwise provided under ARM 17.8.806) are designated Class II. Redesignation (except as otherwise precluded by ARM 17.8.806) shall be subject to the redesignation procedures of this rule. Lands within the exterior boun…

17.8.809 STACK HEIGHTS (1) The degree of emission limitation required for control of any air pollutant under this subchapter may not be affected in any manner by: (a) so much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice; or (b…

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS--SOURCE APPLICABILITY AND EXEMPTIONS (1) No major stationary source or major modification shall begin actual construction unless, as a minimum, requirements contained in ARM 17.8.819 through 17.8.827 have been me…

17.8.819 CONTROL TECHNOLOGY REVIEW (1) A major stationary source or major modification shall meet each applicable emissions limitation under the Montana State Implementation Plan and each applicable emission standard and standard of performance under ARM 17.8.340 and 17.8.341. (2…

17.8.820 SOURCE IMPACT ANALYSIS (1) The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including sec…

17.8.821 AIR QUALITY MODELS (1) All estimates of ambient concentrations required under this subchapter must be based on the applicable air quality models, data bases, and other requirements specified in the Guideline on Air Quality Models, 40 CFR Part 51, Appendix W. (2) Where an…

17.8.822 AIR QUALITY ANALYSIS (1) Any application for a permit pursuant to this subchapter shall contain an analysis of ambient air quality in the area that the emissions from the major stationary source or major modification would affect. (2) For a major stationary source, the a…

17.8.823 SOURCE INFORMATION (1) The owner or operator of a proposed source or modification shall submit the permit application fee required pursuant to ARM 17.8.504 and all information necessary to perform any analysis or make any determination required under procedures establish…

17.8.824 ADDITIONAL IMPACT ANALYSES (1) The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated w…

17.8.825 SOURCES IMPACTING FEDERAL CLASS I AREAS--ADDITIONAL REQUIREMENTS (1) The department shall transmit to the administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the administrator of every action r…

17.8.826 PUBLIC PARTICIPATION (1) The department shall notify all applicants in writing within 30 days of the date of receipt of an application as to the completeness of the application or any deficiency in the application or information submitted as provided in ARM 17.8.759. In …

17.8.827 SOURCE OBLIGATION (1) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions and requirements under local, state or federal law. (2) At such time that a particular source or modification becomes a ma…

17.8.828 INNOVATIVE CONTROL TECHNOLOGY (1) An owner or operator of a proposed major stationary source or major modification may request the department approve a system of innovative control technology. (2) The department may, with the consent of the governor of any other affected…

17.8.901 DEFINITIONS In this subchapter the following definitions apply: (1) "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with (1) (a) through (c) . (a) Actual emissions as of a particular date shall equal…

17.8.902 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 standa…

17.8.904 WHEN MONTANA AIR QUALITY PERMIT REQUIRED (1) Any new major stationary source or major modification which would locate anywhere in an area designated as nonattainment for a national ambient air quality standard under 40 CFR 81.327 and which is major for the pollutant for …

17.8.905 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT (1) The department shall not issue a Montana air quality permit required under ARM 17.8.904, unless the requirements of subchapter 7 and the following additional conditions are met: (a) The permit for the new source or …

17.8.906 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS (1) Pursuant to section 7503 of the FCAA, emission offsets in nonattainment areas are required to be in the form of, and against, actual emissions. Actual emissions preceding the filing of the applicat…

17.80.101 DEFINITIONS For the purpose of this subchapter, the following definitions apply, in addition to the definitions contained in 15-6-135, MCA: (1) "Apportionment" means the identification of the extent to which multi-purpose property, facilities, machinery, devices or equi…

17.80.102 APPLICATION FOR CERTIFICATION AS AIR OR WATER POLLUTION EQUIPMENT (1) Applications for certification pursuant to this subchapter must be made on forms prescribed by DEQ. Application forms must be made available by DOR. (2) The applicant shall submit an original signed a…