Montana Administrative Code

17.8.802 INCORPORATION BY REFERENCE For the purposes of this subchapter, thedepartment adopts and incorporates by reference the following: 40 CFR 51.102, pertaining to requirements for public hearings for state programs; 40 CFR Part 51, Appendix W, pertaining to the Guideline on …

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

17.8.805 AMBIENT AIR CEILINGS 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. Authorizing…

17.8.806 RESTRICTIONS ON AREA CLASSIFICATIONS All of the following areas are designated Class I areas and may not be redesignated: Bob Marshall Wilderness Area; Anaconda Pintler Wilderness Area; Cabinet Mountains Wilderness Area; Gates of the Mountains Wilderness Area; Glacier Na…

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

17.8.808 REDESIGNATION 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 boundari…

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

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS--SOURCE APPLICABILITY AND EXEMPTIONS 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 met. A…

17.8.819 CONTROL TECHNOLOGY REVIEW 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. A new …

17.8.820 SOURCE IMPACT ANALYSIS 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 seconda…

17.8.821 AIR QUALITY MODELS 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. Where an air qua…

17.8.822 AIR QUALITY ANALYSIS 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. For a major stationary source, the analysis …

17.8.823 SOURCE INFORMATION 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 established i…

17.8.824 ADDITIONAL IMPACT ANALYSES 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 with …

17.8.825 SOURCES IMPACTING FEDERAL CLASS I AREAS--ADDITIONAL REQUIREMENTS 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 relat…

17.8.826 PUBLIC PARTICIPATION 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 the …

17.8.827 SOURCE OBLIGATION 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. At such time that a particular source or modification becomes a major stat…

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

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

17.8.902 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR Part 60, pertaining to standards of performance for new stationary sources; 40 CFR Part 61, pertaining to emission standards for haza…

17.8.904 WHEN MONTANA AIR QUALITY PERMIT REQUIRED 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 whic…

17.8.905 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT 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: The permit for the new source or modifica…

17.8.906 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS 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 application …

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: "Apportionment" means the identification of the extent to which multi-purpose property, facilities, machinery, devices or equipmen…

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

17.80.103 ELIGIBILITY CRITERIA To be certified as air and water pollution equipment, property, facilities, machinery, devices, and equipment must meet the definition of air and water pollution equipment contained in 15-6-135, MCA. As provided in 15-6-135(2) (a) , MCA, operational…

17.80.104 APPORTIONMENT PROCEDURES When air or water pollution equipment is used for production or any other purpose in addition to pollution control, DEQ shall conduct an apportionment so that the certified portion of the multi-purpose equipment reflects the extent to which it i…

17.80.105 COMPLIANCE DEQ shall conduct periodic inspections of certified pollution control equipment for the purpose of determining whether the applicant is in substantial compliance with all applicable rules, laws, orders, and permit conditions. These inspections may be part of …

17.80.106 INFORMAL CONFERENCE DEQ shall provide an applicant with an opportunity for an informal conference for reconsideration of a department determination regarding certification or noncompliance. The applicant must request an informal conference in writing within 10 days afte…

17.80.201 DEFINITIONS As used in this subchapter, unless indicated otherwise, the following definitions apply: "Carbon dioxide" means a substance that is comprised of no less than 90% carbon dioxide by volume. All calculations of carbon dioxide purity must be made at the location…

17.80.202 CERTIFICATION OF ELIGIBILITY FOR TAX ABATEMENT OR CLASSIFICATION AS CLASS FOURTEEN OR FIFTEEN PROPERTY A taxpayer who wishes to obtain a certificate of eligibility for abatement of property tax liability under 15-24-3111, MCA, for classification of property as class fou…

17.80.203 APPLICATION REQUIREMENTS AND DECISION CRITERIA: ALTERNATING CURRENT TRANSMISSION LINES UNDER 15-6-157(1)(q), MCA A person who wishes to obtain a certification of the qualified portion of an alternating current transmission line pursuant to 15-6-157(1)(q), MCA, shall fil…

17.80.204 APPLICATION REQUIREMENTS AND DECISION CRITERIA: CARBON DIOXIDE PIPELINES A taxpayer who wishes to obtain a certificate of eligibility for classification of a carbon dioxide pipeline as class fifteen property under 15-6-158, MCA, or for abatement of property tax liabilit…

17.80.205 APPLICATION REQUIREMENTS AND DECISION CRITERIA: CLOSED-LOOP ENHANCED OIL RECOVERY OPERATION EQUIPMENT A taxpayer who wishes to obtain a certificate of eligibility for classification of equipment used in a closed-loop enhanced oil recovery operation as class fifteen prop…

17.80.206 CLOSED-LOOP ENHANCED OIL RECOVERY OPERATION EQUIPMENT COMPLIANCE DEMONSTRATION If a taxpayer, who receives certification by the department of equipment used in a closed-loop enhanced oil recovery operation, does not substantially comply with the requirements specified i…

17.80.225 REVOCATION OF CERTIFICATE Pursuant to 15-6-157(5)(a), MCA, the department shall review certification of a transmission line ten years after the line is operational and, if the property no longer meets the requirements of 15-6-157, MCA, the department shall revoke the ce…

17.82.101 DEFINITIONS (REPEALED) (REPEALED)

17.82.102 APPOINTMENT OF LABORATORY EVALUATION OFFICER (REPEALED) (REPEALED)

17.82.104 REQUIREMENTS FOR A LABORATORY DOING CHEMICAL ANALYSES OF PUBLIC WATER SUPPLIES (REPEALED) (REPEALED)

17.82.105 REQUIREMENTS FOR A LABORATORY DOING MICROBIOLOGICAL ANALYSES OF PUBLIC WATER SUPPLIES (REPEALED) (REPEALED)

17.82.111 RECORDS (REPEALED) (REPEALED)

17.82.112 REPORTS (REPEALED) (REPEALED)

17.82.115 PROCEDURE FOR LICENSURE (REPEALED) (REPEALED)

17.82.116 ACTIVITIES COVERED BY LICENSE (REPEALED) (REPEALED)

17.82.117 PROVISIONAL LICENSES (REPEALED) (REPEALED)

17.82.118 TEMPORARY LICENSES (REPEALED) (REPEALED)

17.82.119 RECIPROCITY (REPEALED) (REPEALED)

17.82.120 DURATION OF LICENSE (REPEALED) (REPEALED)

17.82.125 SUSPENSION OF LICENSE TO PERFORM MICROBIOLOGICAL ANALYSES (REPEALED) (REPEALED)

17.82.126 REVOCATION OF LICENSE (REPEALED) (REPEALED)