As used in this chapter, unless indicated otherwise in a specific subchapter, the following definitions apply:

(1) "Administrator" means the administrator of the U.S. Environmental Protection Agency or the administrator's designee.

(2) "Air pollutants" has the meaning provided in 75-2-103(3), MCA.

(3) "Air quality operating permit" means any permit or group of permits issued, renewed, revised, amended, or modified pursuant to subchapter 12 of this chapter.

(4) "Montana air quality permit" means a permit issued, altered or modified pursuant to subchapters 7, 8, 9, or 10 of this chapter.

(5) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both) and the most stringent of the following:

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341;

(b) the applicable emissions limitation contained in the Montana state implementation plan, including those with a future compliance date; or

(c) the emissions rate specified as a federally enforceable permit condition.

(6) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

(7) "Ambient air monitoring" means measurement of any air pollutant, odor, meteorological or atmospheric characteristic, or any physical or biological condition resulting from the effects of air pollutants or meteorological atmospheric conditions provided the measurement is performed in an area constituting ambient air.

(8) "Board" means the Board of Environmental Review as provided for in 2-15-3502, MCA.

(9) "Boiler or industrial furnace" means any source or emitting unit that is subject to the provisions of 75-10-405(2)(f) and 75-10-406, MCA, and rules promulgated thereunder defining the class of activities subject to regulation under those sections, found at ARM Title 17, chapter 53, subchapter 10.

(10) "Commercial hazardous waste incinerator" has the meaning provided in 75-2-103(6), MCA.

(11) "Commercial medical waste incinerator" means any incinerator that incinerates medical waste, except that "commercial medical waste incinerator" does not include hospital or medical facility incinerators that primarily incinerate medical waste generated onsite.

(12) "Control equipment" means any device or contrivance which prevents, removes, controls or abates emissions.

(13) "Department" means the Department of Environmental Quality as provided for in 2-15-3501, MCA.

(14) "Emission" has the meaning provided in 75-2-103(8), MCA.

(15) "Emission standard" means an allowable rate of emissions or level of opacity, or a requirement that certain equipment, work practices or operating conditions be employed to assure continuous emission control. An emission standard may be contained in a rule or regulation, consent decree, judicial or administrative order, or permit condition.

(16) "EPA" means the U.S. Environmental Protection Agency.

(17) "FCAA" means the Federal Clean Air Act, 42 USC 7401, et seq.

(18) "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued under such program.

(19) "Fuel burning equipment" means any furnace, boiler, apparatus, stack, or appurtenances thereto used in the process of burning fuel or other combustible material for the primary purpose of producing heat or power by indirect heat transfer.

(20) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(21) "Hazardous air pollutant (HAP)" means any air pollutant listed as a hazardous air pollutant pursuant to section 112(b)(1) of the FCAA.

(22) "Hazardous waste" has the meaning provided in 75-2-103(10), MCA.

(23) "Hazardous waste incinerator" means any incinerator that incinerates hazardous waste.

(24) "Incinerator" has the meaning provided in 75-2-103(11), MCA.

(25) "Medical waste" has the meaning provided in 75-2-103(12), MCA.

(26) "Montana state implementation plan" means the state implementation plan adopted by EPA for the state of Montana pursuant to the FCAA, found at 40 CFR Part 52, subpart BB.

(27) "Multiple chamber incinerator" means any incinerator consisting of three or more refractory lined combustion furnaces in series physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion of the material to be burned.

(28) "Odor" means that property of an emission which stimulates the sense of smell.

(29) "Opacity" means the degree, expressed in percent, to which emissions reduce the transmission of light and obscure the view of an object in the background. Where the presence of uncombined water is the only reason for failure of an emission to meet an applicable opacity limitation contained in this chapter, that limitation shall not apply. For the purpose of this chapter, opacity determination shall follow all requirements, procedures, specifications, and guidelines contained in 40 CFR Part 60, Appendix A, method 9, or by an in-stack transmissometer which complies with all requirements, procedures, specifications and guidelines contained in 40 CFR Part 60, Appendix B, performance specification 1.

(30) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source or alteration, or the authorized agent of the owner, or the person who is legally responsible for the overall operation of the source or alteration.

(31) "Particulate matter" means any material, except water in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions. For the purposes of this definition, standard conditions are defined in the applicable test method.

(32) "Person" has the meaning provided in 75-2-103(13), MCA.

(33) "PM" means all applicable definitions of particulate matter that specify an aerodynamic size class.

(34) "PM-2.5" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix L, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53.

(35) "PM-10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix J, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53.

(36) "PM-10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method as specified in 40 CFR Part 51, Appendix M and condensable emissions measured by an impinger method, or by an alternative equivalent test method approved by the department. If the use of an alternative test method requires approval by the administrator, that approval must also be obtained.

(37) "Premises" means any property, piece of land or real estate or building.

(38) "Solid waste" has the meaning provided in 75-2-103(16), MCA.

(39) "Solid waste incinerator" means any incinerator that incinerates solid waste.

(40) "Source" means any person, real property or personal property located on one or more contiguous or adjacent properties under the control of the same owner or operator which contributes or would contribute to air pollution, including associated control equipment that affects or would affect the nature, character, composition, amount or environmental impacts of air pollution.

(41) "Stack, vent, or roof monitor" means any flue, conduit, chimney, vent, or duct arranged to conduct emissions.

(42) "Total suspended particulate" means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.

(43) "Volatile organic compounds (VOC)" means the same as defined in 40 CFR 51.100(s).

(44) "Wood waste burner" means a device commonly called a tepee burner, silo, truncated cone, wigwam burner, or other similar burner commonly used by the wood products industry for the disposal of wood.

As used in this chapter, unless indicated otherwise in a specific subchapter, the following definitions apply:

(1) "Administrator" means the administrator of the U.S. Environmental Protection Agency or the administrator's designee.

(2) "Air pollutants" has the meaning provided in 75-2-103(3), MCA.

(3) "Air quality operating permit" means any permit or group of permits issued, renewed, revised, amended, or modified pursuant to subchapter 12 of this chapter.

(4) "Montana air quality permit" means a permit issued, altered or modified pursuant to subchapters 7, 8, 9, or 10 of this chapter.

(5) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both) and the most stringent of the following:

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341;

(b) the applicable emissions limitation contained in the Montana state implementation plan, including those with a future compliance date; or

(c) the emissions rate specified as a federally enforceable permit condition.

(6) "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

(7) "Ambient air monitoring" means measurement of any air pollutant, odor, meteorological or atmospheric characteristic, or any physical or biological condition resulting from the effects of air pollutants or meteorological atmospheric conditions provided the measurement is performed in an area constituting ambient air.

(8) "Board" means the Board of Environmental Review as provided for in 2-15-3502, MCA.

(9) "Boiler or industrial furnace" means any source or emitting unit that is subject to the provisions of 75-10-405(2)(f) and 75-10-406, MCA, and rules promulgated thereunder defining the class of activities subject to regulation under those sections, found at ARM Title 17, chapter 53, subchapter 10.

(10) "Commercial hazardous waste incinerator" has the meaning provided in 75-2-103(6), MCA.

(11) "Commercial medical waste incinerator" means any incinerator that incinerates medical waste, except that "commercial medical waste incinerator" does not include hospital or medical facility incinerators that primarily incinerate medical waste generated onsite.

(12) "Control equipment" means any device or contrivance which prevents, removes, controls or abates emissions.

(13) "Department" means the Department of Environmental Quality as provided for in 2-15-3501, MCA.

(14) "Emission" has the meaning provided in 75-2-103(8), MCA.

(15) "Emission standard" means an allowable rate of emissions or level of opacity, or a requirement that certain equipment, work practices or operating conditions be employed to assure continuous emission control. An emission standard may be contained in a rule or regulation, consent decree, judicial or administrative order, or permit condition.

(16) "EPA" means the U.S. Environmental Protection Agency.

(17) "FCAA" means the Federal Clean Air Act, 42 USC 7401, et seq.

(18) "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued under such program.

(19) "Fuel burning equipment" means any furnace, boiler, apparatus, stack, or appurtenances thereto used in the process of burning fuel or other combustible material for the primary purpose of producing heat or power by indirect heat transfer.

(20) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(21) "Hazardous air pollutant (HAP)" means any air pollutant listed as a hazardous air pollutant pursuant to section 112(b)(1) of the FCAA.

(22) "Hazardous waste" has the meaning provided in 75-2-103(10), MCA.

(23) "Hazardous waste incinerator" means any incinerator that incinerates hazardous waste.

(24) "Incinerator" has the meaning provided in 75-2-103(11), MCA.

(25) "Medical waste" has the meaning provided in 75-2-103(12), MCA.

(26) "Montana state implementation plan" means the state implementation plan adopted by EPA for the state of Montana pursuant to the FCAA, found at 40 CFR Part 52, subpart BB.

(27) "Multiple chamber incinerator" means any incinerator consisting of three or more refractory lined combustion furnaces in series physically separated by refractory walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion of the material to be burned.

(28) "Odor" means that property of an emission which stimulates the sense of smell.

(29) "Opacity" means the degree, expressed in percent, to which emissions reduce the transmission of light and obscure the view of an object in the background. Where the presence of uncombined water is the only reason for failure of an emission to meet an applicable opacity limitation contained in this chapter, that limitation shall not apply. For the purpose of this chapter, opacity determination shall follow all requirements, procedures, specifications, and guidelines contained in 40 CFR Part 60, Appendix A, method 9, or by an in-stack transmissometer which complies with all requirements, procedures, specifications and guidelines contained in 40 CFR Part 60, Appendix B, performance specification 1.

(30) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source or alteration, or the authorized agent of the owner, or the person who is legally responsible for the overall operation of the source or alteration.

(31) "Particulate matter" means any material, except water in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions. For the purposes of this definition, standard conditions are defined in the applicable test method.

(32) "Person" has the meaning provided in 75-2-103(13), MCA.

(33) "PM" means all applicable definitions of particulate matter that specify an aerodynamic size class.

(34) "PM-2.5" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix L, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53.

(35) "PM-10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix J, and designated in accordance with 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53.

(36) "PM-10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method as specified in 40 CFR Part 51, Appendix M and condensable emissions measured by an impinger method, or by an alternative equivalent test method approved by the department. If the use of an alternative test method requires approval by the administrator, that approval must also be obtained.

(37) "Premises" means any property, piece of land or real estate or building.

(38) "Solid waste" has the meaning provided in 75-2-103(16), MCA.

(39) "Solid waste incinerator" means any incinerator that incinerates solid waste.

(40) "Source" means any person, real property or personal property located on one or more contiguous or adjacent properties under the control of the same owner or operator which contributes or would contribute to air pollution, including associated control equipment that affects or would affect the nature, character, composition, amount or environmental impacts of air pollution.

(41) "Stack, vent, or roof monitor" means any flue, conduit, chimney, vent, or duct arranged to conduct emissions.

(42) "Total suspended particulate" means particulate matter as measured by the method described in 40 CFR Part 50, Appendix B.

(43) "Volatile organic compounds (VOC)" means the same as defined in 40 CFR 51.100(s).

(44) "Wood waste burner" means a device commonly called a tepee burner, silo, truncated cone, wigwam burner, or other similar burner commonly used by the wood products industry for the disposal of wood.

(1) Unless expressly provided otherwise in this chapter, where the department has:

(a) adopted a federal regulation by reference, the reference is to the July 1, 2016, edition of the Code of Federal Regulations (CFR), as it is published on the web site of the U.S. Government Printing Office at https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2016&go=Go;

(b) adopted a section of the United States Code (USC) by reference, the reference is to the 2015 edition of the USC as it is published on the web site of the U.S. Government Printing Office at https://www.gpo.gov/fdsys/browse/collectionUScode.action?selectedYearFrom=2015&go=Go;

(c) adopted a rule of the state of Montana from another chapter of the Administrative Rules of Montana (ARM), the reference is to the rule in effect on September 30, 2015.

(2) For purposes of this chapter, the following subparts of 40 CFR Part 60 are excluded from incorporation by reference:

(a) 40 CFR Part 60, subpart TTTT, Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units; and

(b) 40 CFR Part 60, subpart OOOOa, Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015.

(3) Copies of material incorporated by reference in this chapter are available for public inspection and copying at the Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901.

(4) A copy of federal materials also may be obtained from:

(a) National Technical Information Service (NTIS), 5301 Shawnee Road, Alexandria, VA 22312; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605-6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov;

(b) National Service Center for Environmental Publications (NCSEP), P.O. Box 42419, Cincinnati, OH 45242-0419; phone (800) 490-9198; fax: (301) 604-3408; e-mail: nscep@lmsolas.com; web: https://www.epa.gov/nscep;

(c) U.S. Government Printing Office, 732 North Capital Street, NW, Washington, DC 20401-001; phone: (866) 512-1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: https://www.gpo.gov; and

(d) the EPA regional office libraries listed at https://www.epa.gov/libraries/libraries.

(1) Unless expressly provided otherwise, in this chapter where the board has:

(a) adopted a federal regulation by reference, the reference is to the July 1, 2007, edition of the Code of Federal Regulations (CFR);

(b) adopted a section of the United States Code (USC) by reference, the reference is to the 2000 edition of the USC and Supplement V (2005);

(c) adopted another rule of the department or of another agency of the state of Montana by reference, the reference is to the December 31, 2007, edition of the Administrative Rules of Montana (ARM).

(2) The following subparts, or portions thereof, of 40 CFR Part 60, are excluded from incorporation by reference:

(a) 40 CFR 60, Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced After November 30, 1999, or for which Modification or Reconstruction is Commenced on or After June 1, 2001 (40 CFR 60.2000 through 60.2265, and all associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit, ruling.

(3) The following subparts, or portions thereof, of 40 CFR Part 63 are excluded from incorporation by reference:

(a) 40 CFR 63, Subpart JJJJJ, National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing (40 CFR 63.8380 through 63.8515, and all associated appendices and tables), as vacated March 13, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit;

(b) 40 CFR 63, Subpart KKKKK, National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, and all associated appendices and tables), as vacated March 13, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit;

(c) 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit;

(d) portions of 40 CFR 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products, as vacated June 19, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit.

(1) For the purposes of this subchapter, the department adopts and incorporates by reference the following:

(a) 40 CFR Part 50, Appendix B, pertaining to the reference method for the determination of suspended particulate matter in the atmosphere (high-volume method);

(b) 40 CFR Part 50, Appendix J, pertaining to reference methods for the determination of particulate matter as PM-10 in the atmosphere;

(c) 40 CFR Part 51, Appendix M, pertaining to recommended test methods for state implementation plans;

(d) 40 CFR Part 51, Appendix P, pertaining to EPA minimum emission monitoring requirements;

(e) 40 CFR Part 53, pertaining to ambient air monitoring reference methods and equivalent methods;

(f) 40 CFR Part 60, Appendix A, pertaining to EPA emission source reference test methods for stationary sources;

(g) 40 CFR Part 60, Appendix B, pertaining to EPA performance specification and test procedures for continuous emission monitoring systems;

(h) 40 CFR Part 61, Appendix B, pertaining to EPA emission source reference test methods for sources subject to national emission standards for hazardous air pollutants;

(i) 40 CFR Part 63, pertaining to emission standards for hazardous air pollutant source categories;

(j) ARM Title 17, chapter 53, subchapter 5, pertaining to the identification and listing of hazardous waste;

(k) ARM Title 17, chapter 53, subchapter 10, pertaining to standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities;

(l) section 75-10-403(8), MCA, pertaining to the statutory definition of "hazardous waste";

(m) section 112(b)(1) of the Federal Clean Air Act (FCAA), as codified in 42 USC 7412(b)(1), pertaining to substances designated as hazardous air pollutants; and

(n) the Montana Source Test Protocol and Procedures Manual (July 1994 ed.), a department manual pertaining to sampling and data collection, recording, analysis, and transmittal requirements.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(2) All sources subject to the requirements of 40 CFR Part 51, Appendix P, incorporated by reference in ARM 17.8.103, must install, calibrate, maintain, and operate equipment for continuously monitoring and recording emissions. All subject sources must have installed all necessary equipment and shall have begun monitoring and recording emissions data in accordance with Appendix P by January 31, 1988.

(2) All emission source testing, sampling and data collection, recording, analysis, and transmittal must be performed as specified in the Montana Source Test Protocol and Procedures Manual, unless alternate equivalent requirements are determined by the department and the source to be appropriate, and prior written approval has been obtained from the department. If the use of an alternative test method requires approval by the administrator, that approval must also be obtained.

(3) Unless otherwise specified in the Montana Source Test Protocol and Procedures Manual or elsewhere in this chapter, all emission source testing must be performed as specified in any applicable sampling method contained in: 40 CFR Part 60, Appendix A; 40 CFR Part 60, Appendix B; 40 CFR Part 61, Appendix B; 40 CFR Part 51, Appendix M; 40 CFR Part 51, Appendix P; and 40 CFR Part 63. Such emission source testing must also be performed in compliance with the requirements of the EPA Handbook for Air Pollution Measurement Systems. Alternative equivalent requirements may be used if the department and the source have determined that such alternative equivalent requirements are appropriate, and prior written approval has been obtained from the department. If approval by the administrator of an alternative test method is required, that approval must also be obtained.

(4) Failure to comply with this rule shall constitute a violation of this rule, and may result in the partial or complete rejection by the department of the appropriate emission source testing data. The partial or complete rejection by the department of the appropriate emission source testing data may subsequently result in a determination by the department that a permit application is incomplete, that insufficient data is available to determine compliance with an emission limitation or standard and additional testing is necessary to demonstrate compliance, or that insufficient data is available to determine the correct fee required under subchapter 5 and additional testing is necessary.

(5) Any changes to the Montana Source Test Protocol and Procedures Manual shall follow the appropriate rulemaking procedures.

(2) The department must be notified promptly by telephone whenever a malfunction occurs that is expected to create emissions in excess of any applicable emission limitation, or to continue for a period greater than four hours. If telephone notification is not immediately possible, notification at the beginning of the next working day is acceptable. The notification must include the following information:

(a) identification of the emission points and equipment causing the excess emissions;

(b) magnitude, nature, and cause of the excess emissions;

(c) to the extent known, time and duration of the excess emissions;

(d) description of the corrective actions taken or expected to be taken to remedy the malfunction and to limit the excess emissions;

(e) information sufficient to assure the department that the failure to operate in a normal manner by the air pollution control equipment, process equipment, or processes was not caused entirely or in part by poor maintenance, careless operation, poor design, or any other preventable upset condition or preventable equipment breakdown; and

(f) readings from any continuous emission monitor on the emission point and readings from any ambient monitors near the emission point.

(3) Upon receipt of notification pursuant to (2) , the department shall promptly investigate and determine whether a malfunction has occurred.

(4) If a malfunction occurs and creates emissions in excess of any applicable emission limitation, the department may elect to take no enforcement action if:

(a) the owner or operator of the source provided the notification required by (2) ;

(b) the malfunction did not interfere with the attainment and maintenance of any state or federal ambient air quality standard; and

(c) the owner or operator of the source immediately took appropriate corrective measures.

(5) Within one week after a malfunction has been corrected, the owner or operator must submit a written report to the department that includes:

(a) a statement that the malfunction has been corrected, the date of correction, and proof of compliance with all applicable air quality standards contained in this chapter or a statement that the source is planning to install or has installed temporary replacement equipment in accordance with the requirements of (7) ;

(b) a statement of the specific cause of the malfunction;

(c) a description of any preventive measures taken and/or to be taken; and

(d) a statement affirming that the failure to operate in a normal manner by the air pollution control equipment, process equipment, or processes was not caused entirely or in part by poor maintenance, careless operation, poor design, or any other preventable upset condition or preventable equipment breakdown.

(6) The burden of proof is on the owner or operator of the source to provide sufficient information to demonstrate that a malfunction occurred.

(7) Malfunctioning process or emission control equipment may be temporarily replaced without obtaining a Montana air quality permit under the requirements of ARM Title 17, chapter 8, subchapter 7, if:

(a) the department has been notified of the malfunction in compliance with the requirements of (2) ; and

(b) continued operation or non-operation of the malfunctioning equipment would:

(i) create a health or safety hazard for the public;

(ii) cause a violation of any applicable air quality rule;

(iii) damage other process or control equipment; or

(iv) cause a source to lay-off or suspend a substantial portion of its work force for an extended period.

(8) If construction, installation, or use of temporary replacement equipment under (7) constitutes a major modification and subjects a major stationary source to the requirements of ARM Title 17, chapter 8, subchapters 8, 9, or 10, the source must comply with the requirements of the applicable subchapter prior to construction, installation, or use of the temporary replacement equipment.

(9) Any source that constructs, installs, or uses temporary replacement equipment under (7) shall comply with the following conditions:

(a) Prior to operation of the temporary replacement equipment, the source shall notify the department in writing of its intent to construct, install, or use temporary replacement equipment.

(b) Prior to operation of the temporary replacement equipment, the source shall demonstrate to the department that the estimated actual emissions from the temporary replacement equipment, operating at its maximum expected operating rate, are no greater than the potential to emit of the malfunctioning process or control equipment prior to the malfunction.

(c) The source shall record, and report to the department at its request, operating information sufficient to demonstrate that the temporary replacement equipment operated within the maximum expected operating rate.

(d) The temporary replacement equipment and the malfunctioning process or emission control equipment may not be operated simultaneously, except during a brief shakedown period or as otherwise approved in writing by the department.

(e) The temporary replacement equipment must be removed or rendered inoperable within 180 days after initial startup of the temporary replacement equipment, or within 30 days after startup of the repaired malfunctioning process or emission control equipment, whichever is earlier, unless the source has submitted to the department an application for a Montana air quality permit for the temporary replacement equipment or the department has approved a plan for removing the temporary replacement equipment or rendering the temporary replacement equipment inoperable by a specific date.

(2) No equipment that may produce emissions shall be operated or maintained in such a manner that a public nuisance is created.

(1) Initial application for exemption may be in the form of a letter, and must be submitted to the department with copies sent to the parties. The application must contain or be accompanied by information and data to show that:

(a) the emissions occurring or proposed to occur do not constitute a danger to public health or safety; and

(b) compliance with the rules from which exemption is sought would produce hardship without equal or greater benefits to the public.

(2) Upon filing of the application, public hearing thereon will be scheduled. No hearing will be held until the requirements of the Montana Environmental Policy Act have been fulfilled. Time for hearing will also take into consideration due notice requirements set forth herein.

(3) Notice of hearing is to be served upon the applicant and the general public not later than 30 days prior to the hearing. Notice of hearing is also to be given to the local air pollution control officer having jurisdiction, to all known interested persons and to any person or group upon request.

(a) Notice may be served upon applicant by mail.

(b) Notice is to be published at least once in a newspaper of general circulation published in the geographical area wherein the plant or equipment of applicant is located.

(c) The contents of the public notice shall include at least the following:

(i) name and address of the applicant;

(ii) time, location and nature of the hearing;

(iii) brief description of applicant's activities, matters asserted, or operations which result in the emissions described in the application;

(iv) a brief description of the purpose of the hearing, including a reference to the particular statute and rules involved;

(v) address and phone number of the premises at which interested persons may obtain further information, inspect, copy or obtain a copy of the application;

(vi) the legal authority and jurisdiction under which the hearing is to be held.

(4) Hearings held pursuant to this subchapter are for the purpose of determining whether the application for exemption should be granted. In making its determination, the department shall resolve issues raised by parties, and shall consider comments submitted by the general public.

(a) Members of the general public may submit comments concerning the application for exemption. Comments must be submitted in writing to the department within 20 days after date of publication of public notice pursuant to (3). If written comments are timely filed, a commenter may orally present those comments to the department at the hearing.

(b) Any person may submit a request to be a party within 20 days after date of publication of public notice pursuant to (3). Requests to be a party under this section shall be directed to the department and shall state:

(i) name and address of the person making the request;

(ii) identify the interest of the requester and any person or group requester represents;

(iii) include an agreement by requester and any person represented by requester to be subject to examination and cross-examination, and in case of a corporation, to make an employee available for examination and cross-examination at his own expense upon request of the presiding officer, on his own motion or by motion of any party;

(iv) any request to be made a party shall state the position of the requester on the issues to be considered at the hearing.

(c) Except as provided in (4) (d) , conduct of the hearing must be in accordance with "contested case" procedures of the Montana Administrative Procedure Act (MAPA) and the model rules of the Attorney General promulgated in pursuance thereto.

(d) MAPA contested case procedures do not apply to that portion of the hearing conducted for the purpose of receiving comments from the general public. The department may use such public comment procedures as it finds are appropriate under the circumstances of a particular case.

(1) No renewal of exemption shall be granted except on application, submitted on a form designated "application for renewal" form obtained from the department.

(2) Public notice of the renewal application shall be given at the applicant's expense immediately prior to the submission of the application, in the following manner:

(a) By publication and notice at least once in a newspaper of general circulation published within the geographical area wherein the plant or equipment is located.

(b) The notice shall state, in effect, that application is being made to the department to renew an exemption permit to allow the continued operation of equipment or plant at a specified address, which equipment or plant emits air contaminants not otherwise allowed by rules of the department. The notice shall also state the name and business address of the applicant.

(c) A copy of the notice, certified as to the manner of publication, shall be filed with the department concurrent with the publication.

(3) If complaint is made to the department on the application for renewal:

(a) Public hearing shall be held on due notice served upon the holder of the exemption complained of, upon the complainants, and upon the general public.

(b) Manner of service and publication of notice shall be the same as provided in ARM 17.8.120(3).

(c) The nature and conduct of the hearing shall be the same as provided for in ARM 17.8.120(4).

(d) The form of the complaint shall include, but is not limited to, the name and address of the complainant, the name and address of the holder of the exemption complained of, and a sufficient statement of the complainant to allow the department to give notice of the issues involved at the hearing.

(a) the name of the alleged violator;

(b) the last known address of the alleged violator;

(c) the number of the permit, if any, issued under 75-2-204 and 75-2-211 , MCA;

(d) a summary of the complaint made by the department including:

(i) the specific provisions of the statute, rule or permit alleged to be violated; and

(ii) the specific facts alleged to constitute a violation; and

(e) any order to take corrective action, order to pay an administrative penalty, or both; and

(f) if the department has issued an order to take corrective action, a statement in conspicuous type stating that the alleged violator will be found in default and the order will become final and enforceable unless, not later than 30 days after the notice is received, the person named requests, in writing, a hearing before the board.

(2) Notice of violation shall be served personally upon the alleged violator, and acknowledgement of service obtained from the alleged violator or affidavit of service will be completed by the person making the service and made part of the file.

(a) The name, address and telephone number of the petitioner, or other person authorized to receive service of notices.

(b) The type of business or activity involved, and the address of such business.

(c) A brief summary of the accusations made by the department in its notice of violation, and the date of such notice.

(d) A statement that petitioner denies the allegations in full or in part, and that he seeks a hearing to protest the issuance of any corrective order.

(e) The petitioner shall sign the petition, or it shall be signed by some person on his behalf, and the authority of such other person so signing must appear.

(2) If hearing is held, rules of practice as provided in contested cases shall apply.

(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 by the board to the original hearing from which rehearing is requested, and any additional identifying title assigned to the original hearing.

(c) A brief summary of the issues involved in the original hearing.

(d) A statement of which subsection under the statute the petitioner asserts is the jurisdictional basis for the grant of a rehearing.

(e) A summary argument stating why petitioner is entitled to a rehearing under the subsection cited as his jurisdictional basis.

(2) Procedure shall be in accordance with the rules of procedure for adversary or contested cases if the original hearing concerned enforcement, emergency procedures or where adjudicated facts were at issue; if the original hearing concerned variance procedure, substantive rulemaking or the establishment of local air pollution control programs, rules of procedure for appellate type hearings will be used.

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) any interest or relationship that would preclude the individual having the interest or relationship from being considered one who represents the public interest.

(3) "Regulated person" means:

(a) a person, other than a department or agency of a state, local, or regional government, who is subject to a permit or an enforcement order that implements the federal Clean Air Act; or

(b) any trade or business association of which a person described in (3)(a) is a member.

(4) "Represent the public interest" means that the person does not:

(a) own a controlling interest in or have five percent or more of his or her capital invested in a regulated person;

(b) serve as attorney for, act as consultant for, or serve as an officer or director of a regulated person; or

(c) hold any other official or contractual relationship with a regulated person.

(5) "Significant portion of income" means ten percent or more of gross personal income for a calendar year, including retirement benefits, consultant fees, and stock dividends, except that it shall mean 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. For purposes of this section, income derived from mutual-fund payments, or from other diversified investments as to which the recipient does not know the identity of the primary sources of income, shall be considered part of the recipient's gross personal income but shall not be treated as income derived from persons subject to permits or enforcement orders under the Clean Air Act.

(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 of income from regulated persons.

(1) At the first meeting each calendar year and prior to the first meeting following a change in the board's membership, each board member who represents the public interest and does not derive a significant portion of income from regulated persons shall file with the board secretary a written certification of this status.

(2) If, subsequent to making a certification under (1), a board member no longer represents the public interest or has begun to derive a significant portion of income from regulated persons, the member shall file with the board a written withdrawal of certification.

(3) Whenever the board is prohibited by ARM 17.8.151 from taking action, the chairman shall notify the Governor of this fact in writing and shall in the notice list the members of the board who do not represent the public interest or who derive a significant portion of income from regulated persons.

(4) Each board member who has a potential conflict of interest shall file with the board a written disclosure of the interest that creates the potential conflict.

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 level of an air contaminant in the ambient air as defined by the maximum frequency with which a specified level may be exceeded or by a maximum level of an air contaminant in or on body or plant tissues.

(4) "Annual average" means an arithmetic average of any four consecutive valid calendar quarterly averages, where calendar quarterly averages are determined as specified in (3)(a) and (b); except that for hourly data at least 6,570 valid hourly averages must be contained in the four consecutive calendar quarters.

(a) For hourly data, the calendar quarterly average is the arithmetic average of all valid hourly averages collected during the quarter, except that the minimum number of valid hourly averages necessary to determine a valid quarterly average is 65% of the hourly averages contained in the quarter.

(b) For 24-hour data, the calendar quarterly average is the arithmetic average of all valid interval averages, except that the minimum number of valid interval averages necessary to determine a valid quarterly average is 80% of the interval averages contained in the quarter.

(5) "Approved equivalent method" means any method of measuring concentrations of air contaminants regulated in this subchapter which has been approved as an equivalent method by the U.S. EPA pursuant to 40 CFR Part 53, or which has been approved by the department. Methods approved by the department are kept on file and are available for inspection and copying.

(6) "Carbon monoxide" means the gas having the molecular composition of one carbon atom and one oxygen atom.

(7) "Eight-hour average" means the arithmetic average of all valid recorded values during any consecutive eight hours but not less than six valid hourly averages.

(8) "Fluoride" means fluorine combined with one or more other substances.

(9) "Forage" means any plant part which is grazed or browsed.

(10) "Grams per square meter" (gm/m²) means a concentration numerically equal to the mass of an air contaminant (in grams) deposited on one square meter of surface.

(11) "Grazing season average" means, for each sample plot, an arithmetic average of all monthly averages for which sampling occurred in accordance with ARM 17.8.230. The minimum number of monthly averages shall be at least three for any sample plot.

(12) "Hourly average" means an arithmetic average of all valid values recorded between the first minute and 60th minute of the hour (e.g. 1:00 to 2:00), but not less than 2/3 of the data obtainable from the monitoring device during the hour, or an integral sample of more than 40 minutes.

(13) "Hydrogen fluoride" means the gas having the molecular composition of one fluorine atom and one hydrogen atom.

(14) "Hydrogen sulfide" means the gas having molecular composition of one sulfur atom and two hydrogen atoms.

(15) "Interval average" means the arithmetic average of all valid 24-hour averages collected during a specific scheduled sampling interval, except that the minimum number of valid 24-hour averages necessary to determine a valid interval average is one. If a scheduled sampling interval extends into two calendar quarters or two 90-day averaging periods the interval average shall be assigned to the calendar quarter or 90-day averaging period containing the start date of the interval.

(16) "Lead" means elemental lead or lead in combination with any other substance.

(17) "Micrograms per cubic meter" (µg/m³) means a concentration numerically equal to the mass of an air contaminant present (in micrograms) in a one cubic meter of air, corrected to standard conditions.

(18) "Micrograms per gram" (µg/g) means a concentration numerically equal to the mass of an air contaminant (in micrograms) in one gram of dry material.

(19) "Monthly average" means the arithmetic average for a sample plot, taken for all applicable months in accordance with ARM 17.8.230 of all sample plot values of fluoride in or on forage samples collected. The minimum number of sample plot values must be two. The two sample plot values must be separated by at least a 12-day interval. Any number of sample plot values in excess of two for any month must be sampled at least X days from each other, where X is the integer value described by the following equation:

X = (30/number of sample plot values) - 2

Regardless of the number of sample plot values used to calculate a monthly average, at least one sample plot value must lie within 12 days of the end of the month.

(20) "Ninety-day average" means the arithmetic average of all valid interval averages recorded during any 90 consecutive days except that the minimum number of valid interval averages necessary to determine a valid 90-day average is 80% of the interval averages contained in the 90 days.

(21) "Nitrogen dioxide" means the gas having the molecular composition of one nitrogen atom and two oxygen atoms.

(22) "Ozone" means the gas having the molecular composition of three oxygen atoms.

(23) "Particle scattering coefficient" means the fractional change in the light intensity per meter of sight path due to particulate matter.

(24) "Parts per billion" (ppb) means a concentration of an air contaminant numerically equal to the volume of a gaseous air contaminant present in one billion volumes of air at the same conditions of temperature and pressure.

(25) "Parts per million" (ppm) means a concentration of an air contaminant numerically equal to the volume of a gaseous air contaminant present in one million volumes of air at the same conditions of temperature and pressure.

(26) "Regional administrator," as used in 40 CFR Part 58, means the department.

(27) "Sample plot value" means the results of any chemical analysis performed on a composite of forage clippings taken from a given sample plot on a specific sampling day.

(28) "Scheduled sampling interval" means the time period commencing with the start of one scheduled sampling day and ending at the start of the next scheduled sampling day, where "scheduled" means a predetermined routine sampling frequency. If the sampling schedule is changed during any calendar quarter or 90-day averaging period the scheduled sampling interval shall be the largest possible time period based on any of the sampling schedules.

(29) "Standard conditions" means a temperature of 25º Celsius and a pressure of 760 millimeters of mercury.

(30) "Sulfur dioxide" means the gas having the molecular composition of one sulfur atom and two oxygen atoms.

(31) "Thirty-day average" means an arithmetic average of all recorded values during any consecutive 30 days, but not less than 20 valid 24-hour average recorded values or an integral sample of more than 20 days.

(32) "Twenty-four hour average" means an arithmetic average of each valid recorded value during any consecutive 24 hours, but not less than 18 valid hourly averages or an integral sample of more than 18 hours.

(33) "Valid recorded value" means data recorded, collected, transmitted, and analyzed as required by ARM 17.8.212.

(34) "Year" means any 12 consecutive months.

(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 sampling and data collection, recording, analysis, and transmittal requirements that pertain only to the department's monitoring program;

(b) 40 CFR Part 50, specifying the national ambient air quality standards and ambient air quality monitoring reference methods except for the following changes: 40 CFR 50.14(c)(1) and (2) are replaced by 40 CFR 50.14(c)(1) and (2) as published in 81 FR 68216 on October 3, 2016;

(c) 40 CFR Part 53, specifying ambient air monitoring reference methods and equivalent methods; and

(d) 40 CFR Part 58, specifying criteria and requirements for ambient air quality monitoring and reporting.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(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, or to comply with a condition of, a permit under this chapter; or

(d) used to satisfy any applicable requirement of Title 75, chapter 2, MCA, or the federal Clean Air Act, 42 USC 7401 through 7671g, or implementing regulations, for which the department has oversight.

(2) Any entity performing ambient air monitoring within the state of Montana for a purpose listed in (1) shall perform it according to a Quality Assurance Project Plan (QAPP) prepared to satisfy the applicable requirements of 40 CFR Parts 50, 53, and 58. If the ambient air monitoring is to be performed to comply with subchapter 8 of this chapter, an entity shall also consider the EPA Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD), EPA-450/4-87-007 (May 1987).

(3) If monitoring for a purpose in (1) is performed by:

(a) the department, it must be performed in compliance with the Montana Ambient Air Monitoring Program Quality Assurance Project Plan; or

(b) any other entity, it must be performed in compliance with a project-specific QAPP that has been submitted to and approved by the department.

(4) The department shall notify the entity in writing of approval, conditional approval, or disapproval within 60 days after receiving a project-specific QAPP required by (3)(b). If the department receives additional information in response to a notice of conditional approval or disapproval, the 60-day review period begins again.

(5) The department may invalidate, in whole or in part, ambient air monitoring data that was not obtained in compliance with this rule. Invalidated data may not be used for the purposes listed in (1).

This rule has been repealed.

(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 times in any 12 consecutive months;

(b) twenty-four hour average: 0.10 ppm, 24-hour average, not to be exceeded more than once per year;

(c) annual average: 0.02 ppm, annual average, not to be exceeded.

(2) For determining compliance with this rule, sulfur dioxide shall be measured by the pararosaniline method as more fully described in 40 CFR Part 50, Appendix A, incorporated by reference in ARM 17.8.202, or by an approved equivalent method.

(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 once per year;

(b) annual average: 0.05 ppm, annual average, not to be exceeded.

(2) For determining compliance with this rule, nitrogen dioxide shall be measured by the chemiluminescence method, as more fully described in 40 CFR Part 50, Appendix F, incorporated by reference in ARM 17.8.202, or by an approved equivalent method.

(a) Hourly average: 23 ppm, hourly average, not to be exceeded more than once per year.

(b) Eight-hour average: 9 ppm, eight-hour average, not to be exceeded more than once per year.

(2) Measurement method: For determining compliance with this rule, carbon monoxide shall be measured by the nondispersive infrared method, as more fully described in 40 CFR Part 50, Appendix C (1979), or by an approved equivalent method.

(a) hourly average: 0.10 ppm one-hour average, not to be exceeded more than once per year.

(2) For determining compliance with this rule, ozone shall be measured by the chemiluminescence method, as more fully described in 40 CFR Part 50, Appendix D, incorporated by reference in ARM 17.8.202, or by an approved equivalent method.

(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 year.

(2) Measurement method: For determining compliance with this rule, hydrogen sulfide shall be measured by the methylene blue spectrophotometric method, as more fully described in "Methods of Air Sampling and Analysis, Second Edition" (1977) Method P and CAM 126-6, or by an approved equivalent method.

(a) thirty-day average: 10 gm/m², 30-day average, not to be exceeded.

(2) Measurement method: For determining compliance with this rule, settled particulate matter shall be measured by the dust fall method, as more fully described in "Methods of Air Sampling and Analysis, Second Edition" (1977), Method No. 21101-0170T, or by an approved equivalent method.

(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 meter, annual average, not to be exceeded.

(2) The provisions of (1) are applicable only in Class I areas as are designated under the Montana Clean Air Act rules, Prevention of Significant Deterioration of Air Quality, (ARM Title 17, chapter 8, subchapter 8) on the effective date of this rule. Areas redesignated Class I subsequent to the effective date of this rule shall be subject to the provisions of (1) only upon a finding by the department that visibility is an important attribute of such area.

(3) Measurement method: For determining compliance with this rule, visibility shall be measured by the integrating nephelometer method, as more fully described in "Methods of Air Sampling and Analysis, Second Edition" (1977) Method No. 11203-03-76 T, as modified by the addition of a heated sample inlet line and green spectral sensitivity; or by an approved equivalent method.

(a) ninety-day average: 1.5 µg/m³ of air, 90-day average, not to be exceeded.

(2) For determining compliance with this rule, lead shall be measured by the high-volume method as more fully described in 40 CFR Part 50, Appendix B, and by the atomic absorption method as more fully described in 40 CFR Part 50, Appendix G, both incorporated by reference in ARM 17.8.202, or by an approved equivalent method.

(a) Twenty-four hour average: 150 µg/m³ of air, 24-hour average, with no more than one expected exceedance per calendar year.

(b) Annual average: 50 µg/m³ of air, expected annual average, not to be exceeded.

(2) For the purposes of this rule, expected exceedance and expected annual average shall be determined in accordance with 40 CFR Part 50, Appendix K, incorporated by reference in ARM 17.8.202.

(3) For determining compliance with this rule, PM-10 shall be measured by an applicable reference method based on 40 CFR Part 50, Appendix J, and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53, all incorporated by reference in ARM 17.8.202.

(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 sample plot must be located on an area which has forage being grazed by domestic livestock, or an area upon which forage is grown for use or commercial sale as a livestock feed. A sample plot must be located on a US geological survey map, or on an aerial photograph, for consistency of resampling. A written description of the plot location is acceptable, in the alternative, if the area can be verbally defined to the satisfaction of the department. Plot descriptions must be filed with the department on standard site identification forms provided by the department. The location of sample plots must be approved by the department.

(b) The sample plot must be a minimum of one acre in area. At locations where forage growth is sparse, the sample plot must be large enough to allow a sampling capability, which meets the provisions of sample number and size, as described in this protocol under (e). Location of the plot must be chosen according to the predicted location of maximum fluoride impact. This location must be determined through modeling, historical monitoring data or other scientifically supportable procedures acceptable to the department. In the event that the predicted location of maximum concentration lies in an area unsuitable for sampling, another nearby plot suitable for sampling must be chosen. Locations where grasses are less than three cm in height or locations less than 100 meters from dirt roads or at locations less than 30 meters from paved roads must not be sampled.

(c) Sampling of each plot must be performed at least twice per month. The sampling schedule, if twice per month, must provide a minimum of 12 days between sampling periods. Should additional sampling be conducted, sampling intervals must be spaced in accordance with the definition of monthly average to represent the entire monthly forage fluoride uptake. Grazing season sampling must commence and terminate on the appropriate month following the constraints in (a) and (f).

(d) Samples must be collected through the sample period by alternately using S, U, W, S, U, W, etc., shaped transects, which traverse the full sample plot. Samples must be collected at regularly spaced distances as one progresses along the transect. Regardless of the plot size, a minimum of 25 clippings per plot must be collected. Clippings collected at each plot must be placed into a single composite sample. Samples must not be washed or in any way treated to remove particulate material from the plant.

(e) Approximately equal-sized clippings of at least ten grams each must be cut from the forage in a given sample plot. The entire aerial portion above three-cm of the base of the plant must be collected, unless the splashline is clearly above the three-cm mark, in which case the vegetation must be cut slightly above the splashline. The clipping must include old and new leaves. Entire leaves must be collected and analyzed rather than only leaf tips or edges. An attempt must be made whenever possible to obtain plant tissue that is free of dew or other moisture.

(f) Only forage grasses must be sampled and only on sample plots on which livestock are actively grazing or sample plots on which forage is grown for use or commercial sale as livestock feed. In order to determine compliance with this rule, forage sampling must occur during months for which any livestock can obtain its minimum nutritional requirements by grazing the land. Sampling may not take place on forage grown for use or commercial sale as a livestock feed unless the sampling takes place during a month in which the forage is growing and the growth is expected to be harvested for use in livestock feeding.

(g) Plant tissue must be stored in the laboratory in labeled and ventilated kraft bags, or other acceptable containers, at temperatures of 2º-8ºC. The sample tissue must be air dried at a temperature of 80ºC (±5ºC) for 24 to 48 hours prior to grinding. The tissue shall be milled to pass a 40-mesh sieve.

(h) The composite sample must be thoroughly mixed prior to any chemical analysis. Replicate aliquots are to be taken using a sample splitter or any other unbiased technique, and analyzed chemically for fluoride using a method approved by the department.

(i) A five-gram replicate aliquot from each plot must be forwarded to the department for quality control purposes. Another aliquot of the collected plant material must be saved for a minimum of three years in labeled air-tight plastic containers in the event additional analyses are required.

(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 "construct a major source", (2) (i) through (vi) ) , and is thus exempt from the requirements of 42 USC 7412(g) .

(2) "Airborne particulate matter" means any particulate matter discharged into the outdoor atmosphere which is not discharged from the normal exit of a stack or chimney for which a source test can be performed in accordance with 40 CFR Part 60, Appendix A, method 5 (determination of particulate emissions from stationary sources) .

(3) "Best available control technology (BACT) " means an emission limitation (including a visible emission standard) , based on the maximum degree of reduction for each air pollutant which would be emitted from any source or alteration which the department, on a case-by-case basis, taking into account energy, environment, and economic impacts and other costs, determines is achievable for such sources or alterations through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant. In no event shall application of BACT result in emission of any air contaminant which would exceed the emissions allowed by any applicable standard under this chapter. If the department determines that technological or economic limitations on the application of measurement methodology to a particular class of sources or alterations would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, work practice or operational standard or combination thereof, to require the application of BACT. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

(4) "Beginning actual construction" means, in general, initiation of physical on-site construction activities of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures.

(5) "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two-digit code) as described in the standard industrial classification manual, 1987.

(6) "Construct a major source of HAP" means:

(a) to fabricate, erect, or install a major source of HAP; or

(b) to reconstruct a major source of HAP, by replacing components at an existing process or production unit that in and of itself emits or has the potential to emit ten tons per year of any HAP, or 25 tons per year of any combination of HAP, whenever:

(i) the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable process or production unit; and

(ii) it is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under 40 CFR 63 Subpart B.

(7) "Existing fuel burning equipment" means fuel burning equipment constructed or installed prior to November 23, 1968.

(8) "Greenfield site" means a contiguous area under common control that is an undeveloped site.

(9) "Hazardous air pollutant" ("HAP") means any air pollutant listed in or pursuant to 42 USC 7412(b) .

(10) "Lowest achievable emission rate" ("LAER") means, for any source, that rate of emissions which reflects:

(a) the most stringent emission limitation which is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or

(b) the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance under 40 CFR Parts 60 and 61.

(11) "Major source of HAP" means:

(a) at any greenfield site, a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit ten tons per year of any HAP or 25 tons per year of any combination of HAP; or

(b) at any developed site, a new process or production unit which in and of itself emits or has the potential to emit ten tons per year of any HAP or 25 tons per year of any combination of HAP.

(12) "Maximum achievable control technology" ("MACT") means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the department, taking into consideration the cost of achieving such emission reduction, and any nonair quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source of HAP.

(13) "New fuel burning equipment" means fuel burning equipment constructed, installed or altered after November 23, 1968.

(14) "Notice of MACT approval" means a document issued by the department containing all federally enforceable conditions necessary to enforce MACT or other control technologies such that the MACT emission limitation is met.

(15) "Process or production unit" means any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.

(16) "Process weight" means the total weight of all materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.

(17) "Process weight rate" means the rate established as follows:

(a) for continuous or long-run steady-state operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof;

(b) for cyclical or batch operations, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emissions shall apply.

(18) "Reasonable precautions" mean any reasonable measures to control emissions of airborne particulate matter. Determination of what is reasonable will be accomplished on a case-by-case basis taking into account energy, environmental, economic, and other costs.

(19) "Reasonably available control technology" means devices, systems, process modifications, or other apparatus or techniques that are determined on a case-by-case basis to be reasonably available, taking into account the necessity of imposing such controls in order to attain and maintain a national or Montana ambient air quality standard, the social, environmental, and economic impact of such controls, and alternative means of providing for attainment and maintenance of such standard.

(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:

(i) 40 CFR 60.1500 through 1940 and tables 1 through 8 (subpart BBBB), emission guidelines for existing small municipal waste combustion units, are not incorporated by reference;

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air pollutants;

(c) 40 CFR Part 63, pertaining to emission standards for hazardous air pollutant source categories;

(d) 40 CFR 81.327, pertaining to the air quality attainment status designations for Montana;

(e) ARM Title 17, chapter 53, subchapter 5, pertaining to the identification and listing of hazardous waste; and

(f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(2) No person may cause or authorize emissions to be discharged into the outdoor atmosphere from any source installed after November 23, 1968, that exhibit an opacity of 20% or greater averaged over 6 consecutive minutes.

(3) During the building of new fires, cleaning of grates, or soot blowing, the provisions of (1) and (2) shall apply, except that a maximum average opacity of 60% is permissible for not more than one four-minute period in any 60 consecutive minutes. Such a four-minute period means any four consecutive minutes.

(4) This rule does not apply to emissions from:

(a) wood-waste burners;

(b) incinerators;

(c) motor vehicles;

(d) those new stationary sources listed in ARM 17.8.340 for which a visible emission standard has been promulgated;

(e) residential solid-fuel combustion devices such as fireplaces and wood or coal stoves; or

(f) recovery furnaces at kraft pulp mills.

(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 matter from any stationary source shall not exhibit an opacity of 20% or greater averaged over six consecutive minutes, except for emission of airborne particulate matter originating from any transfer ladle or operation engaged in the transfer of molten metal which was installed or operating prior to November 23, 1968.

(2) No person shall cause or authorize the use of any street, road, or parking lot without taking reasonable precautions to control emissions of airborne particulate matter.

(3) No person shall operate a construction site or demolition project unless reasonable precautions are taken to control emissions of airborne particulate matter. Such emissions of airborne particulate matter from any stationary source shall not exhibit an opacity of 20% or greater averaged over six consecutive minutes.

(4) Within any area designated nonattainment in 40 CFR 81.327 for PM, any person who owns or operates:

(a) any existing source of airborne particulate matter shall apply reasonably available control technology (RACT);

(b) any new source of airborne particulate matter that has a potential to emit less than 100 tons per year of particulate matter shall apply best available control technology (BACT);

(c) any new source of airborne particulate matter that has a potential to emit more than 100 tons per year of particulate matter shall apply lowest achievable emission rate (LAER).

(5) The provisions of this rule shall not apply to emissions of airborne particulate matter originating from:

(a) any agricultural activity or equipment that is associated with the use of agricultural land or the planting, production, processing, harvesting, or storage of agricultural crops by an agricultural producer and that is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-111(1)(a), MCA; or

(b) a business relating to the activities or equipment referred to in (5)(a) that remains in a single location for less than 12 months and is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-111(1)(b), MCA.

(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 Emissions of

                                                                                           Particulate Matter in lbs. per

                                                                                           Million British Thermal Units

Heat Input in Million                                   Existing                                              New

British Thermal Units                                 Fuel Burning                          Fuel Burning

per Hour                                                    Equipment                                Equipment

              10 and below                             0.60                                               0.60

             100                                              0.40                                               0.35

          1,000                                              0.28                                              0.20

        10,000 and above                             0.19                                               0.12

(2) When the heat input falls between any two consecutive heat input values in the preceding table, maximum allowable emissions of particulate matter for existing fuel burning equipment and new fuel burning equipment must be calculated using the following equations:

For existing fuel burning equipment: E = 0.882 * H^-0.1664

For new fuel burning equipment: E = 1.026 * H^-0.233

Where H is the heat input capacity in MMBtu per hour and E is the maximum allowable particulate emissions rate in lbs. per MMBtu.

For the purposes of this rule, heat input will be calculated as the aggregate heat content of all fuels (using the upper limit of their range of heating value) whose products of combustion pass through the stack or chimney.

(3) When two or more fuel burning units are connected to a single stack, the combined heat input of all units connected to the stack shall not exceed that allowable for the same unit connected to a single stack.

(4) This rule does not apply to emissions from residential solid fuel combustion devices such as fireplaces and wood and coal stoves.

(5) This rule does not apply to particulate matter emitted from:

(a) those new stationary sources listed in ARM 17.8.340 for which a particulate emission standard has been promulgated; and

(b) sources constructed after March 16, 1979, that have a specific particulate emission limitation contained in a Montana air quality permit obtained under ARM Title 17, chapter 8, subchapter 7, a court order, board order or department order, or a process-specific rule.

Maximum Hourly Allowable

Emissions of Particulate Matter

Process Weight Rate                                 lb/hr

           Tons/hr

             0.05                                                0.551

             0.10                                                0.877

             0.20                                                1.40

             0.30                                                1.83

             0.40                                                2.22

             0.50                                                2.58

             0.75                                                3.38

             1.00                                                4.10

             1.25                                                4.76

             1.50                                                5.38

             1.75                                                5.96

             2.00                                                6.52

             2.50                                                7.58

             3.00                                                8.56

             3.50                                                9.49

             4.00                                              10.40

             4.50                                              11.20

             5.00                                              12.00

             6.00                                              13.60

             8.00                                              16.50

             9.00                                              17.90

           10.00                                              19.20

           15.00                                              25.20

           20.00                                              30.50

           25.00                                              35.40

           30.00                                              40.00

           35.00                                              41.30

           40.00                                              42.50

           45.00                                              43.60

           50.00                                              44.60

           60.00                                              46.30

           70.00                                              47.80

           80.00                                              49.00

         100.00                                              51.20

         500.00                                              69.00

      1,000.00                                              77.60

      3,000.00                                              92.70

(2) When the process weight rate falls between two process weight rate values in the table, or exceeds 3,000 tons per hour, the maximum hourly allowable emissions of particulate matter must be calculated using the following equations:

(a) Maximum hourly allowable emissions of particulate matter, for process weight rates up to 30 tons per hour, must be calculated using the following equation:

          E = 4.10 P^0.67

(b) Maximum hourly allowable emissions of particulate matter, for process weight rates in excess of 30 tons per hour, must be calculated using the following equation:

          E = 55.0 P^0.11 - 40

Where E = rate of emission in pounds per hour and P = process weight rate in tons per hour.

(3) This rule does not apply to particulate matter emitted from:

(a) the reduction cells of a primary aluminum reduction plant;

(b) those new stationary sources listed in ARM 17.8.340 for which a particulate emission standard has been promulgated;

(c) fuel burning equipment;

(d) incinerators; and

(e) sources constructed after March 16, 1979, that have a specific particulate emission limitation contained in a Montana air quality permit obtained under ARM Title 17, chapter 8, subchapter 7, a court order, board order or department order, or a process-specific rule.

This rule has been repealed.

(2) A person may not cause or authorize to be discharged into the outdoor atmosphere from any incinerator, particulate matter in excess of 0.10 grains per standard cubic foot of dry flue gas, adjusted to 12% carbon dioxide and calculated as if no auxiliary fuel had been used.

(3) A person may not cause or authorize to be discharged into the outdoor atmosphere from any incinerator emissions which exhibit an opacity of 10% or greater averaged over six consecutive minutes.

(4) To determine compliance with this rule, the department may direct that an incinerator not be operated at any time other than between the hours of 8:00 a.m. and 5:00 p.m. When operation of an incinerator is prohibited by the department, the owner or operator of the incinerator shall store any solid or hazardous waste in a manner that will not create a fire hazard or arrange for removal and disposal of the solid or hazardous waste in a manner consistent with ARM Title 17, chapter 50, subchapter 5.

(5) This rule applies to performance tests for determining emissions of particulate matter from incinerators. All performance tests shall be conducted while the affected facility is burning solid or hazardous waste representative of normal operation. Testing shall be conducted in accordance with ARM 17.8.106 and the Montana Source Test Protocol and Procedures Manual.

(6) This rule does not apply to incinerators for which a Montana air quality permit has been issued under 75-2-215 , MCA, and ARM 17.8.770.

(2) Construction, reconstruction, or substantial alteration of wood-waste burners is prohibited unless the requirements of subchapter 7 of this chapter have been met.

(3) No person shall cause or authorize to be discharged into the outdoor atmosphere from any wood-waste burner any emissions which exhibit an opacity of 20% or greater averaged over six consecutive minutes. The provisions of this section may be exceeded for not more than 60 minutes in eight consecutive hours for building of fires in wood-waste burners.

(4) A thermocouple and a recording pyrometer or other temperature measurement and recording device approved by the department shall be installed and maintained on each wood-waste burner. The thermocouple shall be installed at a location near the center of the opening for the exit gases, or at another location approved by the department.

(5) Except as provided in (6) , a minimum temperature of 700ºF shall be maintained during normal operation of all wood-waste burners. A normal start-up period of one hour is allowed during which the 700ºF minimum temperature does not apply. The burner shall maintain 700ºF operating temperature until the fuel feed is stopped for the day.

(6) Wood-waste burners in existence on February 10, 1989, do not have to comply with the requirements of (5) if they are located outside of PM nonattainment areas.

(7) The owner or operator of a wood-waste burner must maintain a daily written log of the wood-waste burner's operation to determine optimum patterns of operations for various fuel and atmospheric conditions. The log shall include, but not be limited to, the time of day, draft settings, exit gas temperature, type of fuel, and atmospheric conditions. The log or a copy of it must be submitted to the department within ten days after it is requested.

(8) No person shall use a wood-waste burner for the burning of other than production process wood-waste transported to the burner by continuous flow conveying methods.

(9) Rubber products, asphaltic materials, or other prohibited materials specified in ARM 17.8.604(1) (b) through (d) , (f) through (r) , (t) , (u) , (w) and (y) may not be burned or disposed of in wood-waste burners.

(a) "Continual monitoring" means sampling and analysis, in a continuous or times sequence, using techniques which will adequately reflect actual emission levels or concentrations on a continuous basis.

(b) "Cross recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor that on a quarterly basis contains more than seven weight percent of the total pulp solids from the neutral sulfite semichemical process and has a green liquor sulfidity of more than 28%.

(c) "Kraft mill" or "mill" means any pulping process which uses, for cooking liquor, an alkaline sulfate solution containing sodium sulfide.

(d) "Noncondensables" means gases and vapors from the digestion and evaporation processes of a mill that are not condensed with the equipment used in those processes.

(e) "Parts per million" means parts of a contaminant per million parts of gas by volume.

(f) "Recovery furnace" means either a straight kraft recovery furnace or a cross recovery furnace, and includes the direct-contact evaporator for a direct-contact furnace.

(g) "Recovery furnace stack" means the stack from which the products of combustion from the recovery furnace are emitted to the ambient air.

(h) "Straight kraft recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor that on a quarterly basis contains seven weight percent or less of the total pulp solids from the neutral sulfite semichemical process or has green liquor sulfidity of 28% or less.

(i) "Total reduced sulfur (TRS) " means hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides present.

(2) No person or persons shall cause, suffer, allow or permit to be discharged into the outdoor atmosphere from any kraft pulping mill total reduced sulfur in excess of 0.087 pounds per 1,000 pounds of black liquor from each recovery furnace stack or 17.5 parts per million, expressed as hydrogen sulfide on a dry gas basis, whichever is more restrictive or such other limit of TRS that proves to be reasonably attainable utilizing the latest in design of recovery furnace equipment, controls and procedures but not more than 0.087 pounds of TRS per 1,000 pounds of black liquor.

(3) Noncondensables from digesters and multiple-effect evaporators shall be treated to reduce the emission of TRS equal to the reduction achieved by thermal oxidation in a lime kiln.

(4) Every kraft mill in the state shall install equipment for the continual monitoring of TRS.

(a) The monitoring equipment shall be capable of determining compliance with these standards and shall be capable of continual sampling and recording of the concentrations of TRS contaminants during a time interval not greater than 30 minutes.

(b) The sources monitored shall include, but are not limited to, the recovery furnace stacks and the lime kiln stacks.

(c) Each mill shall sample the recovery furnace, lime kiln, and smelt tank for particulate emissions on a regularly scheduled basis in accordance with its approved sampling program.

(d) Equipment shall be ordered within 30 days after a monitoring program has been approved in writing by the director. The equipment shall be placed in effective operation in accordance with the approved program within 60 days after delivery.

(5) Unless otherwise authorized by the director, data shall be reported by each mill at the end of each calendar month as follows:

(a) Daily average emission of TRS gases expressed in pounds of sulfur per 1,000 pounds of black liquor fired for each source included in the approved monitoring program.

(b) The number of hours each day that the emission of TRS gases from each recovery furnace stack exceeds 17.5 parts per million dry and the maximum concentration of TRS measured each day.

(c) Emission of TRS gases in pounds of sulfur per 1,000 pounds of black liquor fired in the kraft recovery furnace on a monthly basis and pounds of sulfur per hour for the other sources included in the approved monitoring program. Emission of particulates in pounds per hour based upon a sampling conducted in accordance with the approved monitoring program.

(d) Average daily kraft pulp production in air-dried tons and average daily black liquor burning rate.

(e) Other emission data as specified in the approved monitoring program.

(6) Each kraft mill shall furnish, upon request of the director, such other pertinent data as may be required to evaluate the mill's emission control program. Each mill shall immediately report abnormal mill operations which result in increased emissions of air contaminants, following procedures set forth in the approved monitoring program.

(7) All TRS emission standards in this rule will be based on average daily emissions. The TRS limitations in this rule will not preclude a requirement to install the highest and best practicable treatment and control available. New mills or mills expanding existing facilities may be required to meet more restrictive TRS emission limits.

(8) No person may cause or authorize to be discharged into the outdoor atmosphere, from any recovery furnace installed on or before November 23, 1968, emissions that exhibit 35% opacity or greater averaged over six consecutive minutes. For recovery furnaces, this opacity limitation supersedes any other opacity limitation contained in this chapter, including ARM 17.8.304 and 17.8.340.

(9) No person may cause or authorize to be discharged into the outdoor atmosphere, from any recovery furnace installed after November 23, 1968, emissions that exhibit 20% opacity or greater averaged over six consecutive minutes for more than 6% of the six-minute time periods during which a source is operating within any calendar quarter.

(10) No person may cause or authorize to be discharged into the outdoor atmosphere, from any recovery furnace installed after September 4, 1976, emissions that exhibit 20% opacity or greater averaged over six consecutive minutes for more than 3% of the six-minute time periods during which a source is operating within any calendar quarter.

(11) For the purposes of this rule, excess opacity emissions means any six-minute average opacity of 35% or greater for any recovery furnace installed on or before November 23, 1968, and 20% or greater for any recovery furnace installed after November 23, 1968.

(12) No person may cause or authorize to be discharged into the outdoor atmosphere, from any recovery furnace subject to (9) or (10) , emissions that exhibit 20% opacity or greater averaged over a 24-hour period, starting at 5:00 a.m. each calendar day.

(13) During any period of excess opacity emissions, any person subject to (8) , (9) , or (10) must operate the recovery furnaces and associated control equipment in accordance with good air pollution control practices for minimizing emissions.

(14) Any person subject to (8) , (9) , or (10) of this rule shall install, calibrate, maintain, and operate a continuous opacity monitoring system (COMS) to monitor and record the opacity of emissions discharged into the atmosphere from any recovery furnace subject to this rule. The COMS shall be installed, calibrated, maintained, and operated in compliance with the requirements of 40 CFR Part 60.13 and Appendix B thereto, performance specification 1. In addition, the COMS shall comply with any other requirements of 40 CFR Part 60 regarding the installation, calibration, maintenance, and operation of COMS for kraft pulp mill recovery furnaces and any other applicable requirement in this chapter regarding the installation, calibration, maintenance, and operation of COMS.

(15) COMS will be the primary measure of compliance with the opacity limits specified in (8) , (9) , and (10) of this rule, except that 40 CFR Part 60, appendix A, method 9, may be used as a measure of compliance when there is reason to believe that COMS data is not accurate or when COMS data is unavailable.

(16) Any person subject to (14) shall report every time period of excess opacity emissions from any recovery furnace, as determined by the COMS or other compliance determination method as provided for in (15) , and shall report every time period when the COMS was not operational. These reports must be submitted on forms provided by the department and must be made in compliance with department procedures and applicable requirements for submittal of excess emissions reports. These reports must be submitted to the department quarterly, within 30 days after the end of each calendar quarter.

(2) Commencing July 1, 1970, no person shall burn liquid or solid fuels containing sulfur in excess of 2 pounds of sulfur per million Btu fired.

(3) Commencing July 1, 1971, no person shall burn liquid or solid fuels containing sulfur in excess of 1.5 pounds of sulfur per million Btu fired.

(4) Commencing July 1, 1972, no person shall burn liquid or solid fuels containing sulfur in excess of 1 pound of sulfur per million Btu fired.

(5) Commencing July 1, 1971, no person shall burn any gaseous fuel containing sulfur compounds in excess of 50 grains per 100 cubic feet of gaseous fuel, calculated as hydrogen sulfide at standard conditions. The provisions of (5) shall not apply to:

(a) The burning of sulfur, hydrogen sulfide, acid sludge or other sulfur compounds in the manufacturing of sulfur or sulfur compounds.

(b) The incinerating of waste gases provided that the gross heating value of such gases is less than 300 Btus per cubic foot at standard conditions and the fuel used to incinerate such waste gases does not contain sulfur or sulfur compounds in excess of the amount specified in this rule.

(c) The use of fuels where the gaseous products of combustion are used as raw materials for other processes.

(d) Small refineries (under 10,000 barrels per day crude oil charge) provided that they meet other provisions of this rule.

(6) The following are exceptions to this rule:

(a) A permit may be granted by the director to burn fuels containing sulfur in excess of the sulfur contents indicated in (2) through (5) provided it can be shown that the facility burning the fuel is fired at a rate of 1 million Btu per hour or less.

(b) For purpose of this rule, a higher sulfur-containing fuel may, upon application to the director, be utilized in (2) , (3) or (4) if such fuel is mixed with one or more lower sulfur-containing fuels which results in a mixture, the equivalent sulfur content of which is not in excess of the stated values when fired.

(c) The requirements of (2) , (3) , or (4) shall also be deemed to have been satisfied if, upon application to the director, a sulfur dioxide control process is applied to remove the sulfur dioxide from the gases emitted by burning of fuel of any sulfur content which results in an emission of sulfur in pounds per hour not in excess of the pounds per hour of sulfur that would have been emitted by burning fuel of the sulfur content indicated without such a cleaning device.

This rule has been repealed.

(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 inch absolute or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressures sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation:

(a) A floating roof, consisting of a pontoon type or double deck type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals to close space between the roof edge and tank wall. The control equipment provided for in this subsection shall not be used if the gasoline or petroleum distillate has a vapor pressure of 13.0 pounds per square inch absolute or greater under actual storage conditions. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(b) A vapor recovery system, consisting of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas-tight except when gauging or sampling is taking place.

(c) Other equipment of equal efficiency provided such equipment has been approved by the department.

(2) No person shall use any compartment of any single or multiple compartment oil-effluent water separator which compartment receives effluent water containing 200 gallons a day or more of any petroleum product from any equipment processing, refining, treating, storing or handling kerosene or other petroleum product of equal or greater volatility than kerosene, unless such compartment is equipped with one of the following vapor loss control devices, constructed so as to prevent any emission of hydrocarbon vapors to the atmosphere, properly installed, in good working order and in operation.

(a) A solid cover with all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(b) A floating roof, consisting of a pontoon type or double deck type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and containment wall. All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(c) A vapor recovery system, consisting of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas-tight except when gauging or sampling is taking place.

(d) Other equipment of equal efficiency provided such equipment has been approved by the department.

(e) This rule shall not apply to any oil-effluent water separator used exclusively in conjunction with the production of crude oil.

(3) No person shall load or permit the loading of gasoline into any stationary tank with a capacity of 250 gallons or more from any tank truck or trailer, except through a permanent submerged fill pipe, unless such tank is equipped with a vapor loss control device as described in (1) , or is a pressure tank as described in (1) .

(a) The provisions of the first paragraph of (3) shall not apply to the loading of gasoline into any tank having a capacity of 2,000 gallons or less, which was installed prior to June 30, 1971 nor any underground tank installed prior to June 30, 1971 where the fill line between the fill connection and tank is offset.

(b) A person shall not install any gasoline tank with a capacity of 250 gallons or more unless such tank is equipped as described in the first paragraph of (3) .

(4) The provisions of this rule do not apply to any stationary tank which is used primarily for the fueling of implements of husbandry.

(5) Existing refineries normally processing less than 7,000 barrels per day of crude oil charge shall be exempt from the provisions of this rule.

(6) Refineries normally processing 7,000 barrels per day or more of crude oil charge shall comply with (1) by January 1, 1977.

(7) Facilities used exclusively for the production of crude oil are exempt from this rule.

(2) No person shall operate a motor vehicle originally equipped with air pollution control devices as required by federal law or regulation unless such devices are in place and in operating condition.

(a) food wastes;

(b) Styrofoam and other plastics;

(c) wastes generating noxious odors;

(d) poultry litter;

(e) animal droppings;

(f) dead animals or dead animal parts;

(g) tires;

(h) asphalt shingles;

(i) tar paper;

(j) insulated wire;

(k) treated lumber and timbers including railroad ties;

(l) pathogenic wastes;

(m) colored newspaper or magazine print;

(n) hazardous wastes as defined by administrative rules found at ARM Title 17, chapter 54, subchapter 3; or

(o) chemicals.

(1) "Aluminum manufacturing" means the electrolytic reduction of alumina (aluminum oxide) to aluminum.

(2) "Emission" means a release into the outdoor atmosphere of total fluorides.

(3) "Existing primary aluminum reduction plant" means any facility manufacturing aluminum, by electrolytic reduction, which was in existence and operating on February 26, 1982.

(4) "Owner or operator" means any person who owns, leases, operates, controls, or supervises an existing primary aluminum reduction plant.

(5) "Pot" means a reduction cell.

(6) "Potroom" means a building unit which houses a group of electrolytic cells in which aluminum is produced.

(7) "Potroom group" means an uncontrolled potroom, a potroom which is controlled individually as a group of potrooms or potroom segments ducted to a common control system.

(8) "Total fluorides" means all fluoride compounds as measured by methods approved by the department.

(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 incorporated material may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

(2) An owner or operator shall submit by May 1, 1982 to the department a detailed monitoring program including, but not limited to, a description of monitoring equipment, monitoring procedures, monitoring frequency, and any other information requested by the department. The monitoring program must be approved by the department and may be revised from time to time by the department.

(3) In order to be approved by the department, the monitoring plan must meet the requirements of 40 CFR 60.195 or equivalent requirements established by the department.

(4) An owner or operator of an existing primary aluminum reduction plant shall submit a quarterly emission report to the department, no later than 45 days following the end of the calendar quarter reported, in a format and reporting parameters as requested by the department.

This rule has been repealed.

This rule has been repealed.

(a) "Administrator", as used in 40 CFR Part 60, means the department, except in the case of those duties which cannot be delegated to the state by the U.S. Environmental Protection Agency, in which case "administrator" means the administrator of the U.S. Environmental Protection Agency.

(b) "Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the FCAA.

(2) The terms and associated definitions specified in 40 CFR 60.2, shall apply to this rule, except as specified in (1) (a) .

(3) The owner and operator of any stationary source or modification, as defined and applied in 40 CFR Part 60, shall comply with the standards and provisions of 40 CFR Part 60.

(4) The following apply to designated municipal solid waste landfill facilities under 40 CFR Part 60, Subpart Cc:

(a) Designated facilities under Subpart Cc shall comply with the requirements in 40 CFR 60.33c, 60.34c, and 60.35c that are applicable to designated facilities and that must be included in a state plan for state plan approval.

(b) Designated facilities under Subpart Cc, that meet the conditions in 40 CFR 60.33c(a) (1) , regarding operation or design capacity, shall submit an initial design capacity report and an initial emission rate report, in accordance with 40 CFR 60.757, within 90 days of EPA's publication in the Federal Register of approval of this rule. If the design capacity report reflects that the facility meets the condition in 40 CFR 60.33c(a) (2) and the emission rate report reflects that the facility meets the condition in 40 CFR 60.33c(a) (3) , the facility shall:

(i) submit a final control plan to the department for review and final approval within 12 months after the date of EPA's publication of approval of this rule in the Federal Register, or within 12 months after the date the condition in 40 CFR 60.33c(a) (3) is met (i.e., the date of the first annual nonmethane organic compound (NMOC) report which demonstrates that NMOCs equal or exceed 50 Mg/yr) , whichever occurs later;

(ii) award contracts for any necessary control systems/process changes within 15 months after the date of EPA's publication of approval of this rule in the Federal Register, or within 15 months after the date the condition in 40 CFR 60.33c(a) (3) is met, whichever occurs later;

(iii) initiate on-site construction or installation of any necessary air pollution control devices, and initiate any necessary process changes, within 21 months after the date of EPA's publication of approval of this rule in the Federal Register, or within 21 months after the date the condition in 40 CFR 60.33c(a) (3) is met, whichever occurs later;

(iv) complete on-site construction or installation of any necessary air pollution control devices, and complete any necessary process changes, within 27 months after the date of EPA's publication of approval of this rule in the Federal Register, or within 27 months after the date the condition in 40 CFR 60.33c(a) (3) is met, whichever occurs later; and

(v) achieve final compliance within 30 months after the date of EPA's publication of approval of this rule in the Federal Register, or within 30 months after the date the condition in 40 CFR 60.33c(a) (3) is met, whichever occurs later.

(c) Designated facilities under Subpart Cc shall comply with the final site-specific collection and control system design plan approved by the department and, in accordance with 40 CFR 60.8, shall demonstrate compliance with the emission standards specified in Subpart Cc, not later than 180 days following initial startup of the collection and control system.

(5) Designated hospital/medical/infectious waste incinerator facilities under 40 CFR Part 60, Subpart Ce, shall comply with the requirements in 40 CFR 60.33e, 60.34e, 60.35e, 60.36e, 60.37e and 60.38e that are applicable to designated facilities and that must be included in a state plan for state plan approval. Designated facilities under 40 CFR Part 60, Subpart Ce, that are not excluded under 40 CFR 60.32e, shall:

(a) submit a final control plan to the department for review and final approval within 15 months after the date of EPA's publication of approval of the state plan in the Federal Register;

(b) award contracts for any necessary control systems/process changes within 21 months after the date of EPA's publication of approval of the state plan in the Federal Register;

(c) initiate on-site construction or installation of any necessary air pollution control devices, and initiate any necessary process changes, within 24 months after the date of EPA's publication of approval of the state plan in the Federal Register;

(d) complete on-site construction or installation of any necessary air pollution control devices, and complete any necessary process changes, within 30 months after the date of EPA's publication of approval of the state plan in the Federal Register; and

(e) achieve final compliance with all requirements of the state plan within 36 months after the date of EPA's publication of approval of the state plan in the Federal Register, or by September 15, 2002, whichever is earlier.

(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 duties which cannot be delegated to the state by the U.S. Environmental Protection Agency, in which case "administrator" means the administrator of the U.S. Environmental Protection Agency.

(2) The owner or operator of any existing or new stationary source, as defined and applied in 40 CFR Part 61, shall comply with the standards and provisions of 40 CFR Part 61.

(2) Any owner or operator who constructs a major source of HAP is required to obtain from the department a notice of MACT approval or a 112(g) exemption pursuant to this rule, prior to beginning actual construction, unless:

(a) the major source has been specifically regulated or exempted from regulation under a standard issued pursuant to 42 USC 7412(d) , (h) , or (j) and incorporated into 40 CFR Part 63;

(b) the owner or operator of the major source has already received all necessary air quality permits for such construction, as of July 23, 1999; or

(c) the major source has been excluded from the requirements of 42 USC 7412(g) under 40 CFR 63.40(c) , (e) or (f) .

(3) Unless granted a 112(g) exemption under (5) below, at least 180 days prior to beginning actual construction, an owner or operator who constructs a major source of HAP shall apply to the department for a notice of MACT approval. The application must be made on forms provided by the department, and must include all information required under 40 CFR 63.43(e) .

(4) When acting upon an application for a notice of MACT approval, the department shall comply with the principles of MACT determination specified in 40 CFR 63.43(d) .

(5) The owner or operator of a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, may apply to the department for a 112(g) exemption, if the process or production unit meets the criteria contained in 40 CFR 63.41 (definition of "construct a major source", (2) (i) through (vi) ) . Application must be made on forms provided by the department, at least 180 days prior to beginning actual construction. The applicant shall include such information as may be necessary to demonstrate that the process or production unit meets the criteria referenced herein.

(6) As further described below, and except as expressly modified by this rule, the procedural requirements of ARM Title 17, chapter 8, subchapter 7 apply to an application for a notice of MACT approval or 112(g) exemption. For purposes of this rule:

(a) all references in applicable provisions of ARM Title 17, chapter 8, subchapter 7 to "permit" or "Montana air quality permit" or "air quality permit" mean "notice of MACT approval" or "112(g) exemption," as appropriate;

(b) all references in applicable provisions of ARM Title 17, chapter 8, subchapter 7 to "new or modified facility" or "new or modified emitting unit" mean "major source of HAP".

(7) The following sections of ARM Title 17, chapter 8, subchapter 7 govern the application, review, and final approval or denial of a notice of MACT approval or 112(g) exemption: ARM 17.8.748, 17.8.749, 17.8.755, 17.8.756, 17.8.759 and 17.8.760.

(8) The department shall notify the applicant in writing of any final approval or denial of an application for a notice of MACT approval or 112(g) exemption.

(9) A notice of MACT approval must contain the elements specified in 40 CFR 63.43(g) . The notice shall expire if fabrication, erection, installation or reconstruction has not commenced within 18 months of issuance, except that the department may grant an extension which may not exceed an additional 12 months.

(10) An owner or operator of a major source of HAP that receives a notice of MACT approval or a 112(g) exemption from the department shall comply with all conditions and requirements contained in the notice of MACT approval or 112(g) exemption.

(11) If a standard is promulgated pursuant to 42 USC 7412(d) , (h) or (j) , before the date an applicant for a notice of MACT approval or 112(g) exemption has received a final and legally effective determination for a major source of HAP subject to the standard, the applicant shall comply with the promulgated standard.

(12) If a standard is promulgated pursuant to 42 USC 7412(d) , (h) or (j) , after the owner or operator of a major source of HAP subject to the standard has received a notice of MACT approval, the department shall issue an initial operating permit or reopen an existing operating permit pursuant to ARM Title 17, chapter 8, subchapter 12, as appropriate, consistent with the requirements of 40 CFR 63.44.

(13) The department may revoke a notice of MACT approval or 112(g) exemption if it determines that the notice or exemption is no longer appropriate because a standard has been promulgated pursuant to 42 USC 7412(d) , (h) or (j) . In pursuing revocation, the department shall follow the procedures specified in ARM 17.8.732. A revocation under this subsection may not become effective prior to the date an owner or operator is required to be in compliance with a standard promulgated pursuant to 42 USC 7412(d) , (h) , or (j) , unless the owner or operator agrees in writing otherwise.

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:

(i) using that portion of a stack which exceeds good engineering practice stack height;

(ii) varying the emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

(iii) increasing final exhaust gas plume rise by manipulating source process parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

(b) The term "dispersion technique" does not include:

(i) the reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;

(ii) the merging of gas streams when:

(A) the source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams;

(B) after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant (this exclusion from the definition of "dispersion technique" applies only to the emission limitation for the pollutant affected by such change in operation); or

(C) before July 8, 1985, such merging is part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. If there was an increase in the emission limitation or, if no emission limitation was in existence prior to the merging, an increase in the quantity of pollutant actually emitted prior to the merging, the department shall presume that merging was significantly motivated by the

intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the department shall deny credit for the effects of such merging in calculating the allowable emissions for the source.

(iii) smoke management in agricultural or silvicultural prescribed burning programs;

(iv) episodic restrictions on residential solid-fuel burning and open burning; or

(v) techniques under (1)(a)(iii) that increase final exhaust gas plume rise when the resulting allowable emissions for sulfur dioxide from the facility do not exceed 5,000 tons per year.

(2) "Good engineering practice" (GEP) stack height means the greater of:

(a) sixty-five meters, measured from the ground-level elevation at the base of the stack;

(b) either of the following:

(i) for stacks in existence on January 12, 1979, for which the owner or operator had obtained all applicable permits or approvals required by this chapter,

            GEP = 2.5Hif the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation;

(ii) for all other stacks,

GEP = H + 1.5L
where:	GEP =	good engineering practice stack height, measured from the ground-level elevation at the base of the stack,
	H =	height of nearby structure(s) measured from the ground-level elevation at the base of the stack, and
	L =	lesser dimension, height or projected width, of nearby structure(s);

however, the department may require the use of a field study or fluid model to verify GEP stack height for the source; or

(c) the height demonstrated by a fluid model or a field study approved by the department that ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, or nearby structures or nearby terrain features.

(3) "Nearby" as used in this subchapter for a specific structure or terrain feature means:

(a) for purposes of applying the formula provided in (2)(b), that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile); and

(b) for purposes of conducting demonstrations under (2)(c), not greater than 0.8 kilometers, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten times the maximum height (Ht) of the feature, not to exceed two miles if the feature achieves a height 0.8 kilometers from the stack that is at least 40% of the GEP stack height determined by the formula provided in (2)(b)(ii) or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

(4) "Excessive concentration" as used in (2)(c) means:

(a) For sources seeking credit for stack height exceeding that established under (2)(b), a maximum ground-level concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features that individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and that contributes to a total concentration due to emissions from all sources greater than an ambient air quality standard as provided in subchapter 2. For sources subject to the prevention of significant deterioration program (subchapter 8), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or in part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features that individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this part is prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates to the satisfaction of the department that this emission rate is infeasible. Where such a demonstration has been made, the department shall establish an alternative emission rate after consultation with the source owner or operator.

(b) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under (2)(b), either:

(i) a maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects as provided in (a), except that the emission rate specified by any applicable state implementation plan (or, in the absence of such a limit, the actual emission rate as defined in ARM 17.8.801(1)(b)) will be used, or

(ii) the actual presence of a public nuisance caused by the existing stack, as determined by the department.

(c) For sources seeking credit after January 12, 1979, for a stack height determined under (2)(b) if the department requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in (2)(b), a maximum ground-level concentration due in whole or in part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(2) Before a new or revised state implementation plan emission limitation that is based on good engineering practice stack height that exceeds the height allowed by ARM 17.8.401(2)(b)(i) or (ii) is submitted to the Environmental Protection Agency, the department must provide notice and opportunity for public hearing of the availability of any demonstration study as provided by ARM 17.8.401(2)(c). Such notice and public hearing will be conducted in accordance with the Montana Administrative Procedure Act.

(3) This rule does not require a source owner or operator to restrict, in any manner, the actual stack height of any source.

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 or operator and that emits or has the potential to emit any air pollutant subject to regulation under the Clean Air Act of Montana or the Federal Clean Air Act, including associated control equipment that affects or would affect the nature, character, composition, amount, or environmental impacts of air pollution and that has the same two-digit standard industrial classification code. A facility may consist of one or more emitting units.

(2) "Major modification" has the same meaning as in ARM 17.8.801.

(3) "Modified facility" means a facility for which an application to modify, as defined in ARM 17.8.740, is submitted to the department.

(4) "New facility" means a facility for which the department has not previously issued a Montana air quality permit.

(5) "New major stationary source" means a major stationary source, as defined in ARM 17.8.801, for which the department has not previously issued a Montana air quality permit.

(6) "Portable facility" means an emitting source designated by the department in its database with the county code number "777," based on ability to move the source to other locations.

(7) "Registered oil and gas well facility" means any registration eligible oil or gas well facility that has been registered for operation under the requirements in ARM Title 17, chapter 8, subchapter 17.

(8) "Registered sand and gravel, asphalt, and concrete facility" means any facility registered in accordance with ARM Title 17, chapter 8, subchapter 18.

(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, chapter 8, subchapters 7 and 8, 9, or 10:

(i) for a new major stationary source - $15,000;

(ii) for a major modification - $3,500;

(iii) for a modification other than a major modification - $500;

(b) for a facility subject to ARM Title 17, chapter 8, subchapter 7, and not subject to subchapters 8, 9, or 10, that is:

(i) required by ARM Title 17, chapter 8, subchapter 12 to obtain an operating permit:

(A) for a new facility - $2,000;

(B) for a modified facility - $1,500;

(ii) a new facility that is requesting an exemption under ARM 17.8.1204(3) - $1,000; or

(iii) a modified facility that has received or is requesting an exemption under ARM 17.8.1204(3) - $500;

(c) for a facility subject solely to ARM Title 17, chapter 8, subchapter 7:

(i) for a new facility - $800;

(ii) for a modified facility - $500;

(iii) for a portable facility - $500.

(2) An applicant submitting an air quality operating permit application required in ARM Title 17, chapter 8, subchapter 12, shall submit an appropriate application fee, as follows:

(a) for a new permit - $6,500;

(b) for permit renewal - $2,000; or

(c) for a significant modification of a permit - $1,500.

(3) An air quality permit application is incomplete until the appropriate application fee is paid to the department.

(4) An air quality permit application fee is separate and distinct from any air quality operation fee required to be submitted to the department pursuant to ARM 17.8.505.

(5) Concurrent with submittal of a registration form, as specified in ARM 17.8.1701 through 17.8.1705, the owner or operator of an oil and gas facility shall submit a registration fee of $500.

(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 quality operating permit has been issued by the department and remains in effect;

(c) that is a registered oil and gas facility; or

(d) that is a registered sand and gravel, asphalt, and concrete facility.

(2) Pursuant to this rule, fees shall be assessed to the owner or operator of record on the date of billing, for all facilities that meet the description in (1) as of March 1 of the calendar year in which fees are billed.

(3) Air quality permit fee schedules must require owners and operators of all facilities required to obtain a Montana air quality permit or an air quality operating permit to contribute to those department activities funded by air quality permit fees. The department shall attempt to identify all facilities subject to the annual air quality operating fee requirement and shall require payment from the owners or operators of all facilities.

(4) Annually, the department shall provide the owner or operator of each facility required to pay an air quality operation fee with written notice of the amount of the fee and the basis for the fee assessment.

(5) The air quality operation fee is due within 30 days after receipt of the notice, unless the fee assessment is appealed pursuant to ARM 17.8.511. If any portion of the fee is not appealed, that portion of the fee that is not appealed is due within 30 days after receipt of the notice. Any remaining fee that is due after completion of an appeal is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.

(6) If an owner or operator assessed an air quality operation fee fails to pay the required fee (or any required portion of an appealed fee) within 30 days after the due date, the department may impose a late payment charge of 10 percent of the fee (or of any required portion of an appealed fee), plus interest on the fee (or on any required portion of an appealed fee) computed at the interest rate established under 75-2-220(5)(a)(i), MCA.

(7) Except as provided in (8), the air quality operation fee for:

(a) a facility other than a portable facility, registered sand and gravel, asphalt, and concrete facility, or registered oil and gas well facility is:

(i) an administrative fee of $900; and

(ii) a tonnage fee of $44.35 per ton of the actual, or the estimated actual, emissions by the facility during the previous calendar year of PM-10, sulfur dioxide, lead, oxides of nitrogen, and volatile organic compounds.

(b) a portable facility subject to ARM Title 17, chapter 8, subchapter 7 is $800; and

(c) a registered sand and gravel, asphalt, and concrete facility is determined by multiplying total tons produced annually at:

(i) asphalt plants by $0.05;

(ii) crushers/screeners by $0.01; and

(iii) concrete batch plants by $0.05.

(8) If the amount determined under (7)(c) is:

(a) less than $500, the fee is $500; or

(b) greater than $13,000, the fee is $13,000.

(9) The air quality operation fee for registered oil and gas well facilities is $850.

(10) The owner or operator of a facility may not be required to pay more than one administrative fee if the facility is subject to more than one Montana air quality permit issued by the department.

(11) An air quality operation fee is separate and distinct from any air quality permit application fee required to be submitted to the department pursuant to ARM 17.8.504.

(12) Annual assessment and collection of the air quality operation fee will be on a calendar year basis. The department may include conditions in a permit requiring payment of an air quality operation fee on a calendar year basis, including provisions prorating the required fee.

(13) The owner or operator of each facility subject to (1) shall submit to the department, on the date specified by the department, all information necessary to complete an inventory of estimated actual emissions for the preceding calendar year. The department shall notify the owner or operator of the facility of the date by which the information must be submitted. The information submittal date may not be earlier than February 15. 

(2) For the purposes of this rule, "postconsumer glass" and "recycled material" mean the same as defined in 75-2-224 , MCA.

(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 the legislative appropriation to be recovered, the status of the specific appropriation account as of the end of the previous fiscal year, the emissions upon which such fees will be based, the fee structure to be implemented, and the status of any anticipated rulemaking activity necessary to adopt the new fees.

(a) receipt of the fee assessment notice; or

(b) issuance of a determination of incompleteness of a permit application based on the lack of the proper permit application fee.

(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 are separate and distinct from any air quality operation fee required to be submitted to the department pursuant to ARM 17.8.505 or Montana air quality permit application fee required to be submitted to the department pursuant to ARM 17.8.504.

(3) An air quality major open burning permit application is incomplete until the proper air quality major open burning fee is paid to the department. If the department determines that the fee submitted with the application is insufficient, it shall notify the applicant in writing of the appropriate fee which must be paid before the major open burning permit application can be processed. If the fee assessment is appealed to the board pursuant to ARM 17.8.511, and if the fee deficiency is not corrected by the applicant, the major open burning permit application is incomplete until issuance of the board's decision or until any judicial review of the board's decision has been completed, whichever is later. Upon final disposition of an appeal, any portion of the fee due to either the department or the applicant as a result of the decision is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.

(4) The air quality major open burning permit application fee shall be based on the actual, or estimated actual, amount of air pollutants emitted by the applicant in the last calendar year during which the applicant conducted open burning pursuant to an air quality major open burning permit required under ARM 17.8.610.

(5) The air quality major open burning permit application fee is the greater of the following, as adjusted by any amount determined pursuant to (6):

(a) a fee calculated using the following formula:

tons of total particulate emitted in the previous
appropriate calendar year,
multiplied by $20.60; plus
tons of oxides of nitrogen emitted in the previous
appropriate calendar year,
multiplied by $5.15; plus
tons of volatile organic compounds emitted in the
previous appropriate calendar year,
multiplied by $5.15; or

(b) a minimum fee of $350.

(6) The department may reduce or eliminate, as appropriate, the air quality major open burning permit application fee to be collected from an applicant in recognition of the nonmonetary contributions made by the applicant to the smoke management program. The department may recognize only those nonmonetary contributions made by the applicant in the last calendar year during which the applicant conducted open burning pursuant to an air quality open burning permit for major open burning sources, required under ARM 17.8.610. To be accepted for the purpose of reducing an applicant's fees for the subsequent calendar year, a written claim for nonmonetary contributions to the smoke management program must be filed with the department no later than 60 days after the close of the calendar year during which the nonmonetary contributions were made by the applicant. A claim must describe in detail both the nature of the nonmonetary contributions and the dollar value of the contributions. Nonmonetary contributions may consist of, but are not limited to, staff time and the use of equipment, supplies, or space. The department shall review any written claims submitted, and may adjust the dollar value of the nonmonetary contributions upon finding that the value assigned to the contributions is not reasonable, the nonmonetary contributions that were made were not reasonably related to the smoke management program, or both. In no case may an applicant be reimbursed for nonmonetary contributions in excess of the applicant's assessed open burning permit fee.

(2) Air quality open burning fees are separate and distinct from any other air quality fee required to be submitted to the department pursuant to this subchapter.

(3) An air quality open burning permit application is incomplete until the proper air quality open burning fee is paid to the department, except as provided in (4) (c) . If the department determines that the fee submitted with the application is insufficient, it shall notify the applicant in writing of the appropriate fee which must be paid before the open burning permit application can be processed. If the fee assessment is appealed to the board pursuant to ARM 17.8.511, and if the fee deficiency is not corrected by the applicant, the permit application is incomplete until issuance of the board's decision or until any judicial review of the board's decision has been completed, whichever is later. Upon final disposition of an appeal, any portion of the fee due to either the department or the applicant as a result of the decision is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.

(4) The air quality open burning permit application fees are:

(a) $100 for an emergency open burning permit under ARM 17.8.611. A fee for an emergency open burning permit application need not be submitted with the initial oral request to the department, but must be submitted with the subsequent written application required under ARM 17.8.611. Submittal of the fee is a condition of any authorization given by the department under ARM 17.8.611, and the failure to submit the fee is considered a violation of such authorization and may be subject to enforcement action;

(b) $100 for a wood and wood byproduct trade waste open burning permit under ARM 17.8.612;

(c) $100 for an untreated wood-waste open burning permit at a licensed landfill site under ARM 17.8.612. The required fee for this activity is included in the solid waste management system licensing fee, submitted pursuant to ARM Title 17, chapter 50, subchapter 4. Therefore, the applicant is not required to submit a fee with the untreated wood-waste open burning permit application;

(d) $100 for a Christmas tree waste open burning permit under ARM 17.8.613;

(e) $100 for a commercial film production open burning permit under ARM 17.8.614; and

(f) $25 for a firefighter training open burning permit under ARM 17.8.615. As a condition of a firefighter training open burning permit, the department may require submission of an annual fee to maintain the permit.

(a) Such techniques and methods may include the following:

(i) scheduling of burning during periods and seasons of good ventilation;

(ii) applying dispersion forecasts;

(iii) utilizing predictive modeling results performed by and available from the department to minimize smoke impacts;

(iv) limiting the amount of burning to be performed during any one time;

(v) using ignition and burning techniques which minimize smoke production;

(vi) selecting fuel preparation methods that will minimize dirt and moisture content;

(vii) promoting fuel configurations which create an adequate air to fuel ratio;

(viii) prioritizing burns as to air quality impact and assigning control techniques accordingly;

(ix) promoting alternative treatments and uses of materials to be burned; and

(x) selecting sites that will minimize smoke impacts.

(b) For essential agricultural open burning, prescribed wildland open burning, conditional air quality open burning, commercial film production open burning, Christmas tree waste open burning, or any other minor open burning during September, October, or November, BACT includes burning only during the time periods specified by the department, which may be determined by calling the department at (800) 225-6779.

(c) For essential agricultural open burning, prescribed wildland open burning, conditional air quality open burning, commercial film production open burning, Christmas tree waste open burning, or any other minor open burning during December, January, or February, BACT includes burning only during the time periods specified by the department, which may be determined by calling the department at (800) 225-6779.

(2) "Christmas tree waste" means wood waste from commercially grown Christmas trees left in the field where the trees were grown, after harvesting and on-site processing.

(3) "Eastern Montana open burning zone" means the following counties or portions of counties: Big Horn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden Valley, Hill, Judith Basin, Liberty, McCone, Meagher, Musselshell, Park (that portion north of Interstate 90), Petroleum, Phillips, Pondera, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux and Yellowstone.

(4) "Essential agricultural open burning" means any open burning conducted on a farm or ranch to:

(a) eliminate excess vegetative matter from an irrigation ditch when no reasonable alternative method of disposal is available;

(b) eliminate excess vegetative matter from cultivated fields after harvest has been completed when no reasonable alternative method of disposal is available;

(c) improve range conditions when no reasonable alternative method is available; or

(d) improve wildlife habitat when no reasonable alternative method is available.

(5) "Major open burning source" means any person, agency, institution, business, or industry conducting any open burning that, on a statewide basis, will emit more than 500 tons per calendar year of carbon monoxide or 50 tons per calendar year of any other pollutant regulated under this chapter, except hydrocarbons.

(6) "Minor open burning source" means any person, agency, institution, business, or industry conducting any open burning that is not a major open burning source.

(7) "Open burning" means combustion of any material directly in the open air without a receptacle, or in a receptacle other than a furnace, multiple chambered incinerator, or wood waste burner, with the exception of detonation of unexploded ordnance, small recreational fires, construction site heating devices used to warm workers, or safety flares used to combust or dispose of hazardous or toxic gases at industrial facilities, such as refineries, gas sweetening plants, oil and gas wells, sulfur recovery plants, or elemental phosphorus plants.

(8) "Prescribed wildland open burning" means any planned open burning, either deliberately or naturally ignited, that is conducted on forest land or relatively undeveloped rangeland to:

(a) improve wildlife habitat;

(b) improve range conditions;

(c) promote forest regeneration;

(d) reduce fire hazards resulting from forestry practices, including reduction of log deck debris when the log deck is close to a timber harvest site;

(e) control forest pests and diseases; or

(f) promote any other accepted silvicultural practices.

(9) "Salvage operation" means any operation conducted in whole or in part to salvage or reclaim any product or material, except the silvicultural practice commonly referred to as a salvage cut.

(10) "Trade wastes" means solid, liquid, or gaseous material resulting from construction or operation of any business, trade, industry, or demolition project. Wood product industry wastes such as sawdust, bark, peelings, chips, shavings, and cull wood are considered trade wastes. Trade wastes do not include wastes generally disposed of by essential agricultural open burning, prescribed wildland open burning, or Christmas tree waste, as defined in this rule.

(11) "Wood waste burner" means a device commonly called a tepee burner, silo, truncated cone, wigwam burner, or other similar burner commonly used by the wood products industry to dispose of wood.

(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 obtained as referenced in ARM 17.8.102(3).

(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 (4)(b);

(b) food wastes;

(c) Styrofoam and other plastics;

(d) wastes generating noxious odors;

(e) wood and wood byproducts that have been coated, painted, stained, treated, or contaminated by a foreign material, unless open burning is allowed under ARM 17.8.614 or 17.8.615;

(f) poultry litter;

(g) animal droppings;

(h) dead animals or dead animal parts;

(i) tires, except as provided in ARM 17.8.615;

(j) rubber materials;

(k) asphalt shingles, except as provided in ARM 17.8.614 or 17.8.615;

(l) tar paper, except as provided in ARM 17.8.614 or 17.8.615;

(m) automobile or aircraft bodies and interiors, except as provided in ARM 17.8.614 or 17.8.615;

(n) insulated wire, except as provided in ARM 17.8.614 or 17.8.615;

(o) oil or petroleum products, except as provided in ARM 17.8.614 or 17.8.615;

(p) treated lumber and timbers;

(q) pathogenic wastes;

(r) hazardous wastes, as defined by 40 CFR Part 261, incorporated by reference in ARM 17.8.602;

(s) trade wastes, except as provided in ARM 17.8.611 or 17.8.612;

(t) any materials resulting from a salvage operation;

(u) chemicals, except as provided in ARM 17.8.614 or 17.8.615;

(v) Christmas tree waste as defined in ARM 17.8.601, except as provided in ARM 17.8.613;

(w) asbestos or asbestos-containing materials;

(x) standing or demolished structures containing prohibited material, except as provided in ARM 17.8.612, 17.8.614, or 17.8.615; and

(y) paint, except as provided in ARM 17.8.614 or 17.8.615.

(2) A person may not conduct open burning of any wood waste that is moved from the premises where it was generated, except as provided in ARM 17.8.611 or 17.8.612(4)(a) or (4)(b), or unless the department determines:

(a) the material is wood or wood byproducts that have not been coated, painted, stained, treated, or contaminated by a foreign material; and

(b) alternative methods of disposal are unavailable or infeasible.

(3) A person conducting open burning of wood waste which is moved from the premises where it was generated shall comply with BACT.

(4) A person intending to conduct open burning of wood waste which is moved from the premises where it was generated shall contact the department by calling the number listed in ARM 17.8.601(1) prior to conducting open burning.

(5) Except as provided in ARM 17.8.606, a person may not open burn any nonprohibited material without first obtaining an air quality open burning permit from the department.

(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 permit provisions in ARM 17.8.611;

(d) essential agricultural open burning;

(e) conditional air quality open burning;

(f) commercial film production open burning;

(g) Christmas tree waste open burning; and

(h) any minor open burning that is not prohibited by ARM 17.8.604 or that is allowed by ARM 17.8.606.

(2) Open burning other than those categories listed in (1) may be conducted only during the months of March through November.

(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 BACT;

(b) comply with all rules in this subchapter, except ARM 17.8.610; and

(c) comply with any requirements or regulations relating to open burning established by any agency of local government, including local air pollution agencies established under 75-2-301 , MCA, of the Montana Clean Air Act, or any other municipal or county agency responsible for protecting public health and welfare.

(3) During September, October, or November, to conduct any minor open burning not prohibited by ARM 17.8.604, a minor open burning source must adhere to the burning restrictions established by the department that are available by calling the department at (800) 225-6779.

(4) During December, January, or February, to conduct any minor open burning that is not prohibited by ARM 17.8.604, a minor open burning source must comply with the following conditions:

(a) Outside the eastern Montana open burning zone, a minor open burning source must:

(i) submit a written request to the department, demonstrating that the essential agricultural open burning or prescribed wildland open burning, or any minor open burning that is not prohibited by ARM 17.8.604 must be conducted prior to reopening of open burning in March;

(ii) receive permission for each specific burn from the department; and

(iii) adhere to the time periods set for burning by the department that are available by calling the department at (800) 225-6779.

(b) Inside the eastern Montana open burning zone, a minor open burning source need only notify the department by telephone of any essential agricultural open burning, prescribed wildland open burning, or any other minor open burning that is not prohibited by ARM 17.8.604 prior to ignition. Burning is allowed when ventilation conditions are good or excellent. Ventilation conditions are determined by the department using a ventilation index, which is defined as the product of the mixing depth in feet at the time of the daily maximum temperature, times the average transport wind in knots through the mixed layer divided by 100. Good or excellent ventilation conditions exist when the ventilation index is 400 or higher. Forecasts of ventilation conditions may be obtained by calling the department at (800) 225-6779.

(5) During March through August, subject to (2), a minor open burning source may conduct open burning not prohibited under ARM 17.8.604.

(6) The requirements of this rule are in addition to any other applicable state, federal or local open burning requirements.

(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 fee required under ARM 17.8.514 and must contain the following information:

(a) a legal description of each planned site of open burning or a detailed map showing the location of each planned site of open burning;

(b) the elevation of each planned site of open burning;

(c) the method of burning to be used at each planned site of open burning; and

(d) the average fuel loading or total fuel loading at each site to be burned.

(2) Proof of publication of public notice, consistent with this rule, must be submitted to the department before an application will be considered complete. An applicant for an air quality major open burning permit shall notify the public of the application for permit by legal publication, at least once, in a newspaper of general circulation in each airshed (as defined by the department) affected by the application. The notice must be published no sooner than ten days prior to submittal of an application and no later than ten days after submittal of an application. The form of the notice must be provided by the department and must include a statement that public comments concerning the application may be submitted to the department within 20 days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applicants.

(3) When the department approves or denies the application for a permit under this rule, a person who is directly and adversely affected by the department's decision may request a hearing before the board in the manner provided in 75-2-211, MCA.

(4) A major open burning source must:

(a) conform with BACT; and

(b) comply with the conditions in any air quality open burning permit issued to it by the department, which will be in effect for one year from its date of issuance or another time frame as specified in the permit by the department.

(5) To open burn in a manner other than that described in the application for an air quality open burning permit, the source must submit to the department, in writing or by telephone, a request for a change in the permit, including the information required by (1), and must receive approval from the department. 

(2) Oral authorization to conduct emergency open burning may be granted by the department upon receiving the following information:

(a) facts establishing that alternative methods of disposing of the substance are not reasonably available;

(b) facts establishing that the substance to be burned poses an immediate threat to human health and safety or plant or animal life;

(c) the legal description or address of the site where the burn will occur;

(d) the amount of material to be burned;

(e) the date and time of the proposed burn;

(f) the date and time that the spill or incident giving rise to the emergency was first noticed; and

(g) a commitment to pay the appropriate air quality permit application fee required under ARM 17.8.515 within ten working days of permit issuance.

(3) Within ten days of receiving oral authorization to conduct emergency open burning under (2), the applicant must submit to the department a written application for an emergency open burning permit containing the information required above under (2)(a) through (f). The applicant shall also submit the appropriate air quality permit application fee required under ARM 17.8.515.

(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 from open burning will not endanger public health or welfare or cause or contribute to a violation of any Montana or federal ambient air quality standard.

(2) The department must be reasonable when determining whether alternative methods of disposal would result in extreme economic hardship to the applicant.

(3) Conditional open burning must conform with BACT.

(4) The department may issue a conditional air quality open burning permit to dispose of:

(a) solid wood and wood byproduct trade wastes by any business, trade, industry, or demolition project; or

(b) untreated wood waste at a licensed landfill site, if the department determines that:

(i) the proposed open burning will occur at an approved burn site, as designated in the solid waste management system license issued by the department pursuant to ARM Title 17, chapter 50, subchapter 5;

(ii) the material to be burned complies with ARM Title 17, chapter 50, subchapter 5; and

(iii) prior to each burn, the burn pile was inspected by the department or its designated representative and no prohibited materials listed in ARM 17.8.604 were present.

(5) A permit issued under this rule is valid for the following periods:

(a) solid wood and wood byproduct trade wastes--one year; and

(b) untreated wood waste at licensed landfill sites--one year.

(6) The department may place any reasonable requirements in a conditional air quality open burning permit that the department determines will reduce emissions of air pollutants or minimize the impact of emissions, and the recipient of a permit must adhere to those conditions. For a permit granted under (4)(a), BACT for the year covered by the permit will be specified in the permit; however, the source may be required, prior to each burn, to receive approval from the department of the date of the proposed burn to ensure that good ventilation exists and to assign burn priorities if other sources in the area request permission to burn on the same day. Approval may be requested by calling the department at (800) 225-6779.

(7) An application for a conditional air quality open burning permit must be made on a form provided by the department, and must be accompanied by the appropriate air quality permit application fee required under ARM 17.8.515. The applicant shall provide adequate information to enable the department to determine whether the application satisfies the requirements for a conditional air quality open burning permit contained in this rule. Proof of publication of public notice, as required in (8), must be submitted to the department before an application will be considered complete.

(8) An applicant for a conditional air quality open burning permit shall notify the public of the application by legal publication, at least once, in a newspaper of general circulation in the area affected by the application. The notice must be published no sooner than ten days prior to submittal of an application and no later than ten days after submittal of an application. Form of the notice must be provided by the department and must include a statement that public comments may be submitted to the department concerning the application within 20 days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applicants.

(9) A conditional air quality open burning permit granted under (4)(a) of this rule is a temporary measure to allow time for the entity generating the trade wastes to develop alternative means of disposal.

(10) When the department approves or denies the application for a permit under this rule, a person who is directly and adversely affected by the department's decision may request a hearing before the board in the manner provided in 75-2-211, MCA.

(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 department determines that emissions from open burning will not endanger public health or welfare or cause or contribute to a violation of any Montana or federal ambient air quality standard.

(3) Christmas tree waste open burning must conform with BACT.

(4) A permit issued under this rule is valid for one year, and applicants may reapply for a permit annually.

(5) The department may place any reasonable requirements in an air quality Christmas tree waste open burning permit that the department determines will reduce emissions of air pollutants or minimize the impact of emissions, and the recipient of a permit must adhere to those conditions. The following conditions, at a minimum, must be included in any air quality Christmas tree waste open burning permit:

(a) BACT for the year covered by the permit; and

(b) a provision that the source may be required, prior to each burn, to receive approval from the department of the date and time of the proposed burn to ensure that good ventilation exists and to assign burn priorities, if necessary. Approval may be requested by calling the department at (800) 225-6779.

(6) An application for an air quality Christmas tree waste open burning permit must be made on a form provided by the department. The applicant shall provide adequate information to enable the department to determine whether the application satisfies the requirements of this rule for a permit.

(7) An applicant for an air quality Christmas tree waste open burning permit shall notify the public of its application either by publishing a notice in a newspaper of general circulation or by posting at least two public notices, one on the property as described in (a)(i), and one in a conspicuous location at the county courthouse as described in (a)(ii).

(a) Posted public notices must comply with the following conditions:

(i) at least one public notice must be posted on the property where the open burning is to occur, near the closest public right-of-way to the property, in a location clearly visible from the right-of-way;

(ii) at least one public notice must be posted in a conspicuous location at the county courthouse in the county where the burning is to take place;

(iii) the two public notices must be posted no sooner than ten days prior to submittal of the application and no later than ten days after submittal of the application and must remain posted in a visible condition for a minimum of 15 days; and

(iv) the two public notices must state the information in the application, the procedure for providing public comment to the department on the application, the date by which public comments must be submitted to the department, and the procedure for requesting a copy of the department's decision.

(b) Publication of public notices in a newspaper must:

(i) be by legal publication, at least once, in a newspaper of general circulation in the area affected by the application;

(ii) be published no sooner than ten days prior to submittal of the application and no later than ten days after submittal of the application; and

(iii) follow a form provided by the department, including a statement that public comments may be submitted to the department concerning the application within 20 days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applicants.

(8) When the department approves or denies the application for a permit under this rule, a person who is directly and adversely affected by the department's decision may request a hearing before the board in the manner provided in 75-2-211, MCA.

(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 or television. Use of pyrotechnic special effects materials, including bulk powder compositions and devices, smoke powder compositions and devices, matches and fuses, squibs and detonators, and fireworks specifically created for use by special effects pyrotechnicians for use in motion picture or video productions is not considered open burning.

(2) The department may issue an air quality commercial film production open burning permit under this rule if the department determines that emissions from open burning will not endanger public health or welfare or cause or contribute to a violation of any Montana or federal ambient air quality standard.

(3) A permit issued under this rule is valid for a single production.

(4) Open burning under this rule must conform with BACT.

(5) The department may place any reasonable requirements in an air quality commercial film production open burning permit issued under this rule that the department determines will reduce emissions of air pollutants or minimize the impact of emissions, and the recipient of a permit must adhere to those conditions.

(6) An application for an air quality commercial film production open burning permit must be made on a form provided by the department. The applicant shall provide adequate information to enable the department to determine whether the application satisfies the requirements of this rule for a permit. Proof of publication of public notice, as required by (7), must be submitted to the department before an application will be considered complete.

(7) An applicant for an air quality commercial film production open burning permit shall notify the public of its application by legal publication, at least once, in a newspaper of general circulation in the area affected by the application. The notice must be published no sooner than ten days prior to submittal of the application and no later than ten days after submittal of the application. Form of the notice must be provided by the department and must include a statement that public comments may be submitted to the department concerning the application within 20 days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applicants.

(8) When the department approves or denies the application for a permit under this rule, a person who is directly and adversely affected by the department's decision may request a hearing before the board in the manner provided in 75-2-211, MCA.  

(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 interiors, for training firefighters, if:

(a) the fire will be restricted to a building or structure, a permanent training facility, or other appropriate training site, in a site other than a solid waste disposal site;

(b) the material to be burned will not be allowed to smolder after the training session has terminated, and no public nuisance will be created;

(c) all asbestos-containing material has been removed;

(d) asphalt shingles, flooring material, siding, and insulation which might contain asbestos have been removed, unless samples have been analyzed by a certified laboratory and shown to be asbestos-free;

(e) all prohibited material that can be removed safely and reasonably has been removed;

(f) the open burning accomplishes a legitimate training need;

(g) clear educational objectives have been identified for the training;

(h) burning is limited to that necessary to accomplish the educational objectives;

(i) the training operations and procedures are consistent with nationally accepted standards of good practice; and

(j) emissions from open burning will not endanger public health or welfare or cause or contribute to a violation of any Montana or federal ambient air quality standard.

(2) The department may place any reasonable requirements in an air quality firefighter training open burning permit that the department determines will reduce emissions of air pollutants or will minimize the impact of emissions, and the recipient of a permit must adhere to those conditions.

(3) The applicant may be required, prior to each burn, to notify the department of the anticipated date and location of the proposed training exercise and the type and amount of material to be burned. The department may be notified by phone, fax, or in writing.

(4) An application for an air quality firefighter training open burning permit must be made on a form provided by the department. The applicant must provide adequate information to enable the department to determine whether the application satisfies the requirements of this rule for a permit. 

(5) Proof of publication of public notice, consistent with this rule, must be submitted to the department before an application will be considered complete. An applicant for an air quality firefighter training open burning permit shall notify the public of the application for a permit by legal publication, at least once, in a newspaper of general circulation in the area affected by the application. The notice must be published no sooner than ten days prior to submittal of an application and no later than ten days after submittal of an application. The form of the notice must be provided by the department and must include a statement that public comments may be submitted to the department concerning the application within 20 days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applicants.

(6) When the department approves or denies the application for a permit under this rule, a person who is directly and adversely affected by the department's decision may request a hearing before the board in the manner provided in 75-2-211, MCA.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

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 with ARM 17.8.771(1)(a).

(2) "Best available control technology (BACT)" means an emission limitation (including a visible emission standard), based on the maximum degree of reduction for each pollutant subject to regulation under 42 U.S.C. 7410, et seq. or 75-2-101, et seq., MCA, that would be emitted from any proposed emitting unit or modification which the department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such emitting unit or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such contaminant. In no event may application of BACT result in emission of any regulated air pollutant that would exceed the emissions allowed by any applicable standard under ARM Title 17, chapter 8, subchapter 3, and this subchapter. If the department determines that technological or economic limitations on the application of measurement methodology to a particular class of emitting units would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, work practice, or operational standard or combination thereof, to require the application of BACT. Such standard must, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and must provide for compliance by means that achieve equivalent results.

(3) "Commercial operation" means the time when the owner or operator supplies electricity for sale.

(4) "Construct" or "construction" includes a reasonable period of time for startup and shakedown and means:

(a) initiation of on-site fabrication, erection, or installation of an emitting unit or control equipment including, but not limited to:

(i) installation of building supports or foundations;

(ii) laying of underground pipework; or

(iii) construction of storage structures; or

(b) the installation of any portable or temporary equipment or facilities.

(5) "Day" means calendar day unless otherwise stated.

(6) "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 consist solely of fugitive emissions of a regulated air pollutant under the Clean Air Act of Montana.

(7) "Existing emitting unit" means an emitting unit that was in existence and operating or was capable of being operated on March 16, 1979, or for which the department had issued a permit by that date.

(8) "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 or operator and that emits or has the potential to emit any air pollutant subject to regulation under the Clean Air Act of Montana or the Federal Clean Air Act, including associated control equipment that affects or would affect the nature, character, composition, amount, or environmental impacts of air pollution and that has the same two-digit standard industrial classification code. A facility may consist of one or more emitting units.

(9) "Install" or "installation" means to set into position and connect or adjust for use.

(10) "Maximum design heat input" has the meaning as defined in 40 CFR 60.4102.

(11) "Mercury" means mercury or mercury compounds in either a gaseous or particulate form.

(12) "Mercury-emitting generating unit" means any emitting unit at a facility for which an air quality permit is required pursuant to 75-2-211 or 75-2-217, MCA, that generates electricity and combusts coal, coal refuse, or a synthetic gas derived from coal and that is defined as an electrical generating unit under 40 CFR 60.24.

(13) "Mercury-emitting generating unit that combusts lignite" means any mercury-emitting generating unit that combusts lignite in an amount equal to or greater than 75% of its total heat input, calculated for the prior calendar year on a calendar year basis.

(14) "Modify" does not include routine maintenance, repair, or replacement but means:

(a) construction or changes in operation at a facility or emitting unit for which the department has issued a Montana air quality permit under this chapter, except when a permit is not required under ARM 17.8.745;

(b) construction or changes in operation at a facility or emitting unit for which a Montana air quality permit has not been issued under this chapter but that subjects the facility or emitting unit to the requirements of ARM 17.8.743;

(c) construction or changes in operation at a facility or emitting unit that would violate any condition in the facility's Montana air quality permit, any board or court order, any control plan within the Montana state implementation plan, or any rule in this chapter, except as provided in ARM 17.8.745;

(d) construction or changes in operation at a facility or emitting unit that would qualify as a major modification of a major stationary source under subchapters 8, 9, or 10 of this chapter;

(e) construction or changes in operation at a facility or emitting unit that would affect the plume rise or dispersion characteristics of emissions in a manner that would cause or contribute to a violation of an ambient air quality standard or an ambient air increment, as defined in ARM 17.8.804; or

(f) any change in operation that affects emissions and that was not previously permitted, except that a change in operation that does not result in an increase in emissions because of the change is not a modification.

(15) "Montana air quality permit" means a preconstruction permit issued under this subchapter that may include requirements for the construction and subsequent operation of an emitting unit(s) or facility.

(16) "Negligible risk to the public health, safety, and welfare and to the environment" means an increase in excess lifetime cancer risk of less than 1.0 x 10^-6, for any individual pollutant, and 1.0 x 10^-5, for the aggregate of all pollutants, and an increase in the sum of the noncancer hazard quotients for all pollutants with similar toxic effects of less than 1.0, as determined by a human health risk assessment conducted according to ARM 17.8.767. The department shall also consider environmental impacts identified in any environmental analysis conducted pursuant to the Montana Environmental Policy Act, Title 75, chapter 1, parts 1 through 3, MCA, in determining compliance with all applicable rules or other requirements requiring protection of public health, safety, and welfare and the environment.

(17) "New or modified emitting unit" means an emitting unit that was not constructed or upon which construction was not commenced prior to March 16, 1979.

(18) "Owner or operator" means the owner of a facility or other person designated by the owner as responsible for overall operation of the facility.

(19) "Potential to emit" means the maximum capacity of a facility or emitting unit, within physical and operational design, to emit a pollutant. Any physical or operational limitation on the capacity of the facility or emitting unit to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, is treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions are not considered in determining potential to emit.

(20) "Routine maintenance, repair, or replacement" means any action taken upon an emitting unit by the owner or operator that is necessary on a periodic basis to assure proper operation of the emitting unit. The term routine does not include activities that:

(a) have associated fixed capital costs in excess of 50% of the fixed capital cost necessary to construct a comparable, entirely new emitting unit;

(b) change the design of the emitting unit, including associated control equipment; or

(c) increase the potential to emit of the emitting unit.

(21) "Secondary emissions" means emissions that would occur as a result of the construction or operation of a facility or emitting unit, but do not come from the facility or emitting unit itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the facility or emitting unit which causes the secondary emissions. Secondary emissions may include, but are not limited to:

(a) emissions from trains coming to or from the facility or emitting unit;

(b) emissions from any off-site support facility that otherwise would not be constructed or increase its emissions as a result of the construction or operation of the facility or emitting unit.

(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 new facility or emitting unit with the potential to emit airborne lead in an amount greater than five tons per year or a modification to an existing facility or emitting unit that results in an increase in the facility or emitting unit's potential to emit airborne lead by an amount greater than 0.6 tons per year;

(b) asphalt concrete plants, mineral crushers, and mineral screens that have the potential to emit more than 15 tons per year of any airborne pollutant, other than lead, that is regulated under this chapter;

(c) any incinerator, as defined in 75-2-103 (11), MCA, and that is subject to the requirements of 75-2-215 , MCA;

(d) any facility or emitting unit upon which construction commenced, or that was installed, before November 23, 1968, when that facility or emitting unit is modified after that date and the modification increases the potential to emit by more than 25 tons per year of any airborne pollutant, other than lead, that is regulated under this chapter; or

(e) any other facility or emitting unit upon which construction was commenced, or that was installed, after November 23, 1968, that is not specifically excluded under ARM 17.8.744, and that has the potential to emit more than 25 tons per year of any airborne pollutant, other than lead, that is regulated under this chapter.

(2) An owner or operator who has submitted an application and received a completeness determination from the department pursuant to ARM 17.8.759 may, prior to receiving a Montana air quality permit, initiate the following seasonal construction activities that, when completed, would have no anticipated increases in emissions of regulated air pollutants associated with them:

(a) installing concrete foundation work;

(b) installing below-ground plumbing;

(c) installing ductwork; or

(d) other infrastructure and/or excavation work involving the same.

(3) Notwithstanding the ability to undertake the construction activities described above, the department may issue a letter instructing the owner or operator to immediately cease such activities pending a final determination on an application if it finds that the proposed project would result in a violation of the State Implementation Plan or would interfere with the attainment or maintenance of any federal or state ambient air quality standard.

(4) Nothing in (2) obligates the department to issue a Montana air quality permit. An owner or operator who has received a completeness determination and who elects to engage in initial construction activities accepts the regulatory risks of engaging in such activities. The owner or operator acknowledges that the department may subsequently order cessation of initial construction activities, ultimately decline to issue a Montana air quality permit, or issue a permit that diminishes or renders useless the value of work completed prior to permit issuance. In voluntarily choosing to engage in such activities while knowing of these risks, the owner or operator agrees that, in the event the department seeks injunctive relief to halt or prohibit construction, no irreparable harm has resulted in any way to the owner or operator from these activities.

(5) The provisions of (2) do not supersede any other local, state, or federal requirements associated with the activities set forth therein.

(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, including motor vehicles, trains, aircraft, and other such self-propelled vehicles;

(c) laboratory equipment used for chemical or physical analysis;

(d) any agricultural activity or equipment that is associated with the use of agricultural land or the planting, production, processing, harvesting, or storage of agricultural crops by an agricultural producer and that is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-111(1)(a), MCA;

(e) a business relating to the activities or equipment referred to in (1)(d) that remains in a single location for less than 12 months and is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-111(1)(b), MCA;

(f) emergency equipment installed in hospitals or other public institutions or buildings for use when the usual sources of heat, power, or lighting are temporarily unobtainable or unavailable;

(g) emergency equipment installed in industrial or commercial facilities for use when the usual sources of heat, power, or lighting are temporarily unobtainable or unavailable and when the loss of heat, power, or lighting causes, or is likely to cause, an adverse effect on public health or facility safety. Emergency equipment use extends only to those uses that alleviate such adverse effects on public health or facility safety;

(h) any activity or equipment associated with the construction, maintenance, or use of roads except emitting units for which a permit is required under ARM 17.8.743;

(i) open burning, which is regulated under ARM Title 17, chapter 8, subchapter 6, and an open burning permit may be required under that subchapter;

(j) drilling rig stationary engines and turbines that do not have the potential to emit more than 100 tons per year of any pollutant regulated under this chapter and that do not operate in any single location for more than 12 months;

(k) temporary process or emission control equipment, replacing malfunctioning process or emission control equipment, and meeting the requirements of ARM 17.8.110(7) through (9);

(l) routine maintenance, repair, or replacement of equipment and equipment used to perform routine maintenance, repair, or replacement; or

(m) any facility that has been registered with the department in accordance with ARM Title 17, chapter 8, subchapter 17 or 18.

(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 permit has been issued that do not increase the facility's potential to emit by more than five tons per year of any pollutant except:

(i) any construction or changed conditions of operation at a facility that would violate any condition in the facility's existing Montana air quality permit or any applicable rule contained in this chapter is prohibited, except as allowed in (2);

(ii) any construction or changed conditions of operation at a facility that would qualify as a major modification of a major stationary source under subchapters 8, 9, or 10 of this chapter;

(iii) any construction or changed conditions of operation at a facility that would affect the plume rise or dispersion characteristics of the emissions in a manner that would cause or contribute to a violation of an ambient air quality standard or an ambient air increment, as defined in ARM 17.8.804;

(iv) any construction or improvement project with a potential to emit more than five tons per year may not be artificially split into smaller projects to avoid permitting under this subchapter; and

(v) emission reductions obtained through offsetting within a facility are not included when determining the potential emission increase from construction or changed conditions of operation, unless such reductions are made federally enforceable.

(b) The owner or operator of any facility making a de minimis change pursuant to (1)(a) shall notify the department if the change would include addition of a new emissions unit, a change in control equipment, stack height, stack diameter, stack flow, stack gas temperature, source location, or fuel specifications, or would result in an increase in source capacity above its permitted operation.

(c) The following are excluded from the notice requirements of (1)(b):

(i) day-to-day fluctuations of the parameters described in (1)(b), occurring as a result of the design or permitted operations of the facility, including startup and shutdown of emission sources at the facility; and

(ii) addition, modification, or replacement of pumps, valves, flanges, and similar emission sources. The department shall develop, maintain, and update a list of emission sources it believes qualify for exclusion from the notice requirements. Upon request, the department shall provide a copy of the list to interested persons.

(d) If notice is required under (1)(b), the owner or operator shall submit the following information to the department in writing at least ten days prior to startup or use of the proposed de minimis change or as soon as reasonably practicable in the event of an unanticipated circumstance causing the de minimis change:

(i) a description of the proposed de minimis change requiring notice, including the anticipated date of the change;

(ii) sufficient information to calculate the potential emissions resulting from the proposed de minimis change; and

(iii) if applicable, an explanation of the unanticipated circumstance causing the change.

(e) The notice requirements under (1)(d) do not supersede, or otherwise change, any requirements in 40 CFR Parts 60, 61, or 63.

(2) A Montana air quality permit may be amended pursuant to ARM 17.8.764, for changes made under (1)(a)(i) that would otherwise violate an existing condition in the permit. Conditions in the permit concerning control equipment specifications, operational procedures, or testing, monitoring, record keeping, or reporting requirements may be modified if the modification does not violate any statute, rule, or the state implementation plan. Conditions in the permit establishing emission limits, or production limits in lieu of emission limits, may be changed or added under (1)(a), if the owner or operator agrees to such changes or additions.

(2) The department may provide pre-application consultation and nonbinding, advisory opinions regarding any potential issues identified by the owner or operator that may arise regarding the permit application.

(3) A permit application submitted pursuant to this subchapter must contain certification by a responsible official of truth, accuracy, and completeness. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete. The following persons are authorized to sign an application on behalf of the owner or operator of a new or modified facility or emitting unit(s) :

(a) an application submitted by a corporation or a limited liability company must be signed by an individual specified in the corporate bylaws or the limited liability company operating agreement as having the authority to bind the corporation or limited liability company in contracts, liabilities, and other company obligations;

(b) an application submitted by a partnership or a sole proprietorship must be signed by a general partner or the proprietor respectively;

(c) an application submitted by a municipal, state, federal or other public agency must be signed by a principal executive officer, appropriate elected official, or other duly authorized employee; and

(d) an application submitted by an individual must be signed by the individual or the individual's authorized agent.

(4) An application for a Montana air quality permit must include the following:

(a) a map and diagram showing the location of the proposed new or modified facility or emitting unit(s) . The map and diagram must also include the location of each associated stack, the property involved, the height and outline of associated buildings, and the height and outline of each associated stack;

(b) a description of the proposed new or modified facility or emitting unit(s) , including data on expected production capacity, raw materials to be processed, and major equipment components;

(c) a description of any control equipment to be installed;

(d) a description of the composition, volume and temperatures of the effluent stream, including the nature and extent of air contaminants emitted, quantities and means of disposal of collected contaminants, and the air quality relationship of these factors to conditions created by existing stacks or emitting units or stacks associated with the proposed new or modified emitting unit(s) ;

(e) normal and maximum operating schedules;

(f) drawings, blueprints, specifications, or other information adequate to show the design and operation of process and air pollution control equipment involved;

(g) process flow diagrams showing material balances;

(h) a detailed schedule of construction or modification;

(i) a description of shakedown procedures to the extent shakedown is expected to affect emissions, and the anticipated duration of the shakedown period for each new or modified emitting unit;

(j) any other information requested by the department that is necessary for the department to review the application and determine whether the new or modified facility or emitting unit(s) will comply with applicable standards and rules;

(k) information regarding site characteristics necessary to conduct an assessment of impacts under the Montana Environmental Policy Act, 75-1-101 , et seq., MCA, as required on the application form; and

(l) the appropriate air quality permit application fee required under ARM 17.8.504.

(5) An applicant is not required to submit information previously filed with the department. If an applicant does not want to submit information that has been submitted previously to the department, the applicant shall specify in the application the information previously submitted, and, wherever possible, shall specify the date upon which the information was submitted. Any information the department determines is in its possession becomes part of the application.

(6) Section 75-2-105 , MCA, specifies the procedure for filing a declaratory judgment action to establish the existence, and confidential status of, trade secret information provided in a permit application.

(7) An applicant for a permit shall notify the public of the application by legal publication in a newspaper of general circulation in the area affected by the application. The notice must be published within ten days before, or after, submittal of the application. The form of the notice must be as provided to the applicant by the department.

(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 subchapter. The permit must contain any conditions necessary to assure compliance with the Federal Clean Air Act, with the Clean Air Act of Montana and rules adopted under those acts.

(2) The permit may contain a schedule for specified permit conditions to become effective, subject to the time limits stated in ARM 17.8.762. The department may extend a deadline specified in the schedule, but an extension may not exceed five years.

(3) A Montana air quality permit may not be issued for a new or modified facility or emitting unit unless the applicant demonstrates that the facility or emitting unit can be expected to operate in compliance with the Clean Air Act of Montana and rules adopted under that Act, the Federal Clean Air Act and rules promulgated under that Act (as incorporated by reference in ARM 17.8.767) , and any applicable requirement contained in the Montana State Implementation Plan (as incorporated by reference in ARM 17.8.767) , and that it will not cause or contribute to a violation of any Montana or national ambient air quality standard.

(4) The department shall issue a Montana air quality permit for the following unless the department demonstrates that the emitting unit is not expected to operate in compliance with applicable rules, standards, or other requirements:

(a) emitting units constructed or installed between November 23, 1968, and March 16, 1979; and

(b) emitting units constructed or installed before November 23, 1968, and modified between November 23, 1968, and March 16, 1979.

(5) In a Montana air quality permit, the department shall identify those conditions that are derived from state law, and are not derived from the Federal Clean Air Act, 42 U.S.C. 7401, et seq., the Montana State Implementation Plan, or other federal air quality requirements. Compliance with these conditions is not required by the state implementation plan, and is not necessary for attainment or maintenance of federal ambient air quality standards. These conditions must be identified in the permit as "state-only," and are not intended by the department to be enforceable under federal law.

(6) Nothing in this subchapter obligates the department to issue a Montana air quality permit. The department may subsequently order cessation of initial construction activities, decide not to issue the permit, or issue a permit that diminishes or renders useless the value of work completed prior to permit issuance.

(7) If the department denies an application for a Montana air quality permit it shall notify the applicant in writing of the reasons for the permit denial and advise the applicant of the right to appeal the department's decision to the board as provided in 75-2-211 or 75-2-213, MCA, as applicable.

(8) If the department denies an application for a Montana air quality permit, it may not accept any further air quality permit application from the owner or operator for that project for which the permit was sought until:

(a) the time for requesting a hearing before the board has expired; or

(b) if a hearing before the board is requested, the board has issued a final decision in the matter; or

(c) the applicant has submitted additional information in writing that adequately addresses the reasons for denial.

(a) BACT must be utilized.

(i) Existing emitting units and those emitting units constructed or installed after March 16, 1979, that were not previously subject to this subchapter become subject to this rule when any modification to the emitting unit requires a Montana air quality permit; however, only the specific emitting unit that is modified becomes subject to this rule.

(b) The lowest achievable emission rate must be met to the extent required by ARM Title 17, chapter 8, subchapters 9 and 10, for those emitting units subject to those subchapters.

(2) The owner or operator of a new or modified facility or emitting unit for which a permit is required by this subchapter shall operate all equipment to provide the maximum air pollution control for which it was designed.

(2) Issuance of a Montana air quality permit does not affect the responsibility of a permittee to comply with the applicable requirements of any control strategy contained in the Montana State Implementation Plan.

(3) A permittee may not commence operation of a facility or emitting unit if construction, modification or installation has been completed in such a manner that the facility or emitting unit cannot operate in compliance with applicable statutes, rules, or requirements specified in the permit.

(2) The department shall notify the applicant in writing within 30 days after receiving an application if an application is incomplete. The notice must list the reasons the application is considered incomplete, any additional information required, and the date by which the applicant must submit any additional required information. If the requested additional information is not submitted by the date specified by the department in the notice, the application is considered withdrawn unless the applicant requests in writing an extension of time for submission of the additional information. If the department receives additional application information, whether prior to a determination of completeness or in response to a notice of incompleteness, the 30-day application completeness review period begins again.

(3) Within 40 days after receiving a complete application for a permit, the department shall make a preliminary determination as to whether the permit should be issued, issued with conditions, or denied.

(4) After making a preliminary determination, the department shall notify those members of the public who requested such notification subsequent to the notice required by ARM 17.8.748 and the applicant of the department's preliminary determination. The notice must specify that comments may be submitted on the information submitted by the applicant and on the department's preliminary determination. The notice must also specify the following:

(a) that a complete copy of the application and the department's analysis of the application is available from the department and in the air quality control region where the emitting unit is located;

(b) the date by which all comments on the preliminary determination must be submitted in writing, which must be within:

(i) 30 days after the notice is mailed for applications subject to the federal air permitting provisions of 42 U.S.C. 7475, 7503, or 7661 or the provisions of 75-2-215 , MCA, or applications that require preparation of an environmental impact statement; or

(ii) 15 days after the notice is mailed for all other applications, except as provided in (5) ; and

(c) the date by which a final decision must be made pursuant to 75-2-211 (9) , MCA.

(5) The department may, on its own action, or at the request of the applicant or member of the public, extend by 15 days the period within which public comments may be submitted as described in (4) (b) (ii) and the date for issuing a final decision on a permit application as described in 75-2-211 (9) (b) , MCA, if the department finds that an extension is necessary to allow the department to make an informed decision.

(a) Any request for an extension, as provided under (5) , by the applicant or a member of the public must be submitted to the department by the date that written comments on the preliminary determination originally were due.

(b) The department shall extend the comment period if the preliminary determination contains one or more requirements of 40 CFR part 63, as incorporated by reference in this chapter, that require a 30-day comment period.

(c) The department shall notify the applicant of any extensions granted under (5) .

(6) The time for issuing a final decision may be extended for 30 days by written agreement of the department and the applicant. The department may grant additional 30-day extensions at the request of the applicant.

(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 Montana Environmental Policy Act and the rules adopted by the department to implement the Act, ARM Title 17, chapter 4, subchapter 6, and ARM 17.4.701 through 17.4.703.

(2) When an application for a Montana air quality permit is also an application for certification under the Major Facility Siting Act, public review is governed by the rules implementing that Act, ARM Title 17, chapter 20.

(2) A permit issued prior to construction or installation of a new or modified facility or emitting unit may provide that the permit or a portion of the permit will expire unless construction or installation is commenced within the time specified in the permit, which may not be less than one year or more than three years after the permit is issued.

(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 and rules promulgated under that Act (as incorporated by reference in ARM 17.8.767), or any applicable requirement contained in the Montana State Implementation Plan (as incorporated by reference in ARM 17.8.767).

(2) The department shall notify the permittee in writing of its intent to revoke a permit or a portion of a permit. The department's decision to revoke a permit or any portion of a permit becomes final when 15 days have elapsed after the permittee's receipt of the notice unless the permittee requests a hearing before the board.

(3) When the department has attempted unsuccessfully by certified mail, return receipt requested, to deliver a notice of intent to revoke a permit to a permittee at the last address provided by the permittee to the department, the permittee is deemed to have received the notice on the date that the department publishes the last of three notices of revocation, once each week for three consecutive weeks, in a newspaper published in the county in which the permitted facility was located, if a newspaper is published in the county or if no newspaper is published in the county in a newspaper having a general circulation in the county.

(4) When the department revokes a permit under this rule, the permittee may request a hearing before the board. A hearing request must be in writing and must be filed with the board within 15 days after receipt of the department's notice of intent to revoke the permit. Filing a request for a hearing postpones the effective date of the department's decision until issuance of a final decision by the board.

(5) A hearing under this rule is governed by the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(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 in emissions. The owner or operator of a facility may not increase the facility's emissions beyond permit limits unless the increase meets the criteria in ARM 17.8.745 for a de minimis change not requiring a permit, or unless the owner or operator applies for and receives another permit in accordance with ARM 17.8.748, 17.8.749, 17.8.752, 17.8.755, and 17.8.756, and with all applicable requirements in ARM Title 17, chapter 8, subchapters 8, 9, and 10;

(c) administrative errors in the permit that do not affect substantive provisions of the permit.

(2) The department shall notify the permittee in writing of any proposed amendments to the permit. The permit is deemed amended in accordance with the notice when 15 days have elapsed from the date of the department's decision to amend the permit, unless the permittee requests a hearing before the board.

(3) When the department amends a permit under this rule, the permittee may request a hearing before the board. A hearing request must be in writing and must be filed with the board within 15 days after the department issues its decision to amend the permit. Filing a request for hearing postpones the effective date of the department's decision until issuance of a final decision by the board.

(4) A hearing under this rule is governed by the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(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 department; and

(ii) documentation that the permittee has published notice of the intended transfer by means of a legal publication in a newspaper of general circulation in the area to which the transfer is to be made. The notice must include a statement that public comment will be accepted by the department for 15 days after the date of publication and that comments should be addressed to: Air Permitting Section, Air Resources Management Bureau, Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901;

(b) the permitted facility will operate in the new location for less than one year;

(c) the permitted facility can be expected to operate in compliance with:

(i) the Federal Clean Air Act, the Clean Air Act of Montana and rules adopted under those acts, including the ambient air quality standards; and

(ii) the Montana State Implementation Plan.

(d) the owner or operator of the permitted facility complies with ARM Title 17, chapter 8, subchapters 8, 9 and 10, as applicable.

(2) A Montana air quality permit may be transferred from one owner or operator to another if the department receives written notice of intent to transfer, including the names and authorized signatures of the transferor and the transferee.

(3) The department may not approve or conditionally approve a permit transfer if approval would result in a violation of the Clean Air Act of Montana or rules adopted under that Act, including the ambient air quality standards. If the department does not approve, conditionally approve, or deny a permit transfer within 30 days after receipt of a complete notice of intent to transfer, as described in (1) (a) or (2) , the transfer is deemed approved.

(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, specifying recommended test methods for state implementation plans;

(c) 40 CFR Part 60, specifying standards of performance for new stationary sources;

(d) 40 CFR Part 61, specifying emission standards for hazardous air pollutants;

(e) Tables 4-1 and 4-3 of the Department of Environmental Quality Air Quality Health Risk Assessment Procedures/Model, January 1995;

(f) 42 USC 7412, et seq., listing hazardous air pollutants; and

(g) 40 CFR Part 75, pertaining to mercury requirements.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(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 health risk assessment must demonstrate that the ambient concentrations of pollutants resulting from emissions from the incineration facility subject to 75-2-215, MCA, constitute no more than a negligible risk to the public health, safety, and welfare and to the environment. At a minimum, the human health risk assessment must meet the following requirements:

(a) The human health risk assessment must include an emissions inventory listing potential emissions of all pollutants specified in the Federal Clean Air Act Hazardous Air Pollutants List (as defined in section 112(b) of the FCAA) ;

(b) A characterization of emissions and ambient concentrations of air pollutants, including hazardous air pollutants, from any existing emitting unit at the facility must be submitted as part of the permit application;

(c) The human health risk assessment must address the impacts of all pollutants inventoried in (1) (a) , except as provided in (1) (c) (i) and (ii) . Pollutants may be excluded from the human health risk assessment if the department determines that exposure from inhalation is the only appropriate pathway to consider in the human health risk assessment and if:

(i) the potential to emit the pollutant is less than 1.28 x 10^-13 grams per second, if the incineration facility subject to 75-2-215, MCA, has a stack height of at least two meters, a stack velocity of at least 0.645 meters per second, and a stack exit temperature of at least 800° F, and there is a distance of at least five meters from the stack to the property boundary; or

(ii) the ambient concentrations of the pollutants (calculated using the potential to emit; enforceable limits or controls may be considered) are less than the levels specified in Table 1 or Table 2.

(iii) The department shall periodically review accepted toxicity value databases to determine if the de minimis levels in (1) (c) (i) and (ii) should be updated;

(d) The human health risk assessment must address risks from all appropriate exposure pathways. For incineration facilities subject to 75-2-215, MCA, that do not emit or emit only minute amounts of hazardous air pollutants contained in Tables 4-1 or 4-2 of the department's health risk assessment procedures/model the application need address only impact from the inhalation exposure pathway and may use a department supplied screening model to assess human health risk;

(e) The human health risk assessment must address the human health risk impact of all hazardous air pollutants, as described in (1) (a) , from the emitting unit or units that constitutes the incineration facility subject to 75-2-215, MCA, from all other existing incineration facilities subject to 75-2-215, MCA, at the facility, and from all other new or existing emitting units solely supporting any incineration facility subject to 75-2-215, MCA, such as fugitive emissions from fuel storage;

(i) Emissions from existing emitting units that partially support the incineration facility, but that do not change the type or amount of emissions allowed under any existing permit in effect at the time of the permit application, need not be considered in the human health risk assessment;

(ii) If an existing emitting unit, wholly or partially supporting the incineration facility, increases the types or amount of its emissions, so that a permit modification is required, that portion of the emissions increase attributable to the support of the incineration facility must be considered in the human health risk assessment;

(f) The health risk assessment must be performed in accordance with accepted human health risk assessment practices, or state or federal guidelines in effect at the time the human health risk assessment is performed, and must address impacts on sensitive populations. The human health risk must be calculated using the emitting unit's potential to emit. Enforceable limits or controls may be considered. The human health risk assessment procedures used may be modified if site-specific conditions warrant use of alternative procedures to appropriately assess human health risk;

(g) As part of the application, the applicant shall submit to the department a human health risk assessment protocol detailing the human health risk assessment procedures. At a minimum, the human health risk assessment protocol must include:

(i) a description of the pollutants considered in the analysis;

(ii) methods used in compiling the emission inventory;

(iii) ambient dispersion models and modeling procedures used;

(iv) toxicity values for each pollutant;

(v) exposure pathways and assumptions;

(vi) any statistical analysis applied; and

(vii) any other information necessary for the department to review the adequacy of the human health risk assessment;

(h) A summary of the human health risk assessment protocol must be included in the permit analysis. The summary must:

(i) clearly define the scope of the risk assessment;

(ii) describe the exposure pathways used;

(iii) specify any pollutants identified in the emission inventory that were not required to be included in the human health risk assessment;

(iv) state whether, and to what extent, the impacts of existing emissions, or the synergistic effect of combined pollutants, were considered in the final human health risk level calculated to determine compliance with the negligible risk standard; and

(v) state that environmental effects unrelated to human health were not considered in determining compliance with the negligible risk standard, but were evaluated as required by the Montana Environmental Policy Act, in determining compliance with all applicable rules or other requirements requiring protection of public health, safety, and welfare and the environment;

(i) The department may impose additional requirements for the human health risk assessment, on a case-by-case basis, if the department reasonably believes that the type or amount of material being incinerated, the proximity to sensitive populations, short-term emissions variations, acute health impact, or the local topographical or ventilation conditions require a more detailed health risk assessment to adequately define the potential public health impact. Additional requirements for the human health risk assessment may include specific emission inventory procedures for determining emissions from the incineration facility subject to 75-2-215, MCA, use of more sophisticated air dispersion models or modeling procedures and consideration of additional exposure pathways.

TABLE 1

CAS #	CHEMICAL	CANCER  ANNUAL (µg/m3)
75070	Acetaldehyde	4.5455e-02
79061	Acrylamide	7.6923e-05
107131	Acrylonitrile	1.4706e-03
1332214	Asbestos	5.1546e-04
71432	Benzene	1.2048e-02
92875	Benzidine	1.4925e-06
117817	Bis(2-Ethylhexyl) Phthalate (DEHP)	4.1667e-02
542881	Bis(Chloromethyl) Ether	1.6129e-06
75252	Bromoform	9.0909e-02
106990	1,3-Butadiene	3.5714e-04
56235	Carbon Tetrachloride	6.6667e-03
57749	Chlordane	2.7027e-04
67663	Chloroform	4.3478e-03
126998	Chloroprene	7.6923e-01
132649	Dibenzofurans	2.6316e-09
96128	1,2-Dibromo-3-Chloropropane	5.0000e-05
106467	1,4-Dichlorobenzene (p)	9.0909e-03
91941	3,3-Dichlorobenzidene	2.9412e-04
111444	Dichloroethyl Ether	3.0303e-04
123911	1,4-Dioxane (1,4-Diethyleneoxide)	1.2987e-02
122667	1,2-Diphenylhydrazine	4.5455e-04
106898	Epichlorohydrin	8.3333e-02
51796	Ethyl Carbamate (Urethane)	3.4483e-04
106934	Ethylene Dibromide	4.5455e-04
107062	Ethylene Dichloride	3.8462e-03
75218	Ethylene Oxide	1.1364e-03
50000	Formaldehyde	7.6923e-03
76448	Heptachlor	7.6923e-05
118741	Hexachlorobenzene	2.1739e-04
87683	Hexachlorobutadiene	4.5455e-03
67721	Hexachloroethane	2.5000e-02
302012	Hydrazine	2.0408e-05
58899	Lindane (All Isomers)	9.0909e-05
75092	Methylene Chloride	2.1277e-01
62759	N-Nitrosodimethylamine	7.1429e-06
87865	Pentachlorophenol	2.1739e-02
1336363	Polychlorinated Biphenyls	7.1429e-05
75569	Propylene Oxide	2.7027e-02
1746016	2,3,7,8-TCDD	2.6316e-09
79345	1,1,2,2-Tetrachloroethane	1.7241e-03
127184	Tetrachloroethylene (Perch)	1.6949e-02
8001352	Toxaphene	3.1250e-04
79005	1,1,2-Trichloroethane	6.2500e-03
79016	Trichloroethylene	5.0000e-02
88062	2,4,6-Trichlorophenol	3.2258e-02
75014	Vinyl Chloride	1.2821e-03
75354	Vinylidene Chloride	2.0000e-03
	Arsenic Compounds	2.3256e-05
	Beryllium Compounds	4.1667e-05
	Cadmium Compounds	5.5556e-05
	Chromium Compounds	8.3333e-06
	Coke Oven Emissions	1.6129e-04
	Nickel Compounds	3.8462e-04
	Polycylic Organic Matter
56553	Benz(a)anthracene	5.8824e-05
205992	Benzo(b)fluoranthene	5.8824e-05
207089	Benzo(k)fluoranthene	5.8824e-05
50328	Benzo(a)pyrene	5.8824e-05
53703	Dibenz(a,h)anthracene	5.8824e-05
193395	Indeno(1,2,3-cd)pyrene	5.8824e-05

                                                                      

TABLE 2

  

CAS #	CHEMICAL	NONCANCER CHRONIC ANNUAL   (µg/m3)	NONCANCER ACUTE ANNUAL   (µg/m3)
75070	Acetaldehyde	9.0000e-02
107028	Acrolein	2.2000e-04	2.5000e-02
79061	Acrylamide	7.0000e-03
79107	Acrylic Acid	1.0000e-02
107131	Acrylonitrile	2.0000e-02
107051	Allyl Chloride	1.0000e-02
62533	Aniline	1.0000e-02
71432	Benzene	7.1000e-01
92875	Benzidine	1.0000e-01
100447	Benzyl Chloride	1.2000e-01	5.0000e-01
117817	Bis(2-Ethylhexyl) Phthalate	7.0000e-01
	(DEHP)
75150	Carbon Disulfide	7.0000e+00
56235	Carbon Tetrachloride	2.4000e-02	1.9000e+00
7782505	Chlorine	7.1000e-01	2.3000e-01
532274	2-Chloroacetophenone	3.0000e-04
108907	Chlorobenzene	7.0000e-01
67663	Chloroform	3.5000e-01
126998	Chloroprene	1.0000e-02
1319773	Cresols/Cresylic Acid	1.8000e+00
95487	o-Cresol	1.8000e+00
108394	m-Cresol	1.8000e+00
106445	p-Cresol	1.8000e+00
132649	Dibenzofurans	3.5000e-08
96128	1,2-Dibromo-3-Chloropropane	2.0000e-03
106467	1,4-Dichlorobenzene (p)	8.0000e+00
542756	1,3-Dichloropropene	2.0000e-01
62737	Dichlorvos	5.0000e-03
68122	Dimethyl Formamide	3.0000e-01
123911	1,4-Dioxane (1,4-Diethyleneoxide)	4.0000e-02	2.0000e+01
106898	Epichlorohydrin	1.0000e-02
106887	1,2-Epoxybutane	2.0000e-01
140885	Ethyl Acrylate	4.8000e-01
100414	Ethyl Benzene	1.0000e+01
75003	Ethyl Chloride (Chloroethane)	1.0000e+02
106934	Ethylene Dibromide	4.6000e-02
107062	Ethylene Dichloride	9.5000e-01
75218	Ethylene Oxide	6.0000e+00
50000	Formaldehyde	3.6000e-02	3.7000e+00
118741	Hexachlorobenzene	2.8000e-02
77474	Hexachlorocyclopentadiene	2.4000e-03
822060	Hexamethylene-1,6-Diisocyanate	1.0000e-04
110543	Hexane	2.0000e+00
302012	Hydrazine	2.4000e-03
7647010	Hydrochloric Acid	2.0000e-01	3.0000e+01
7664393	Hydrogen Fluoride (HF Acid)	5.9000e-02	5.8000e+00
58899	Lindane (All Isomers)	1.0000e-02
108316	Maleic Anhydride	2.4000e-02	1.0000e-01
67561	Methanol	6.2000e+00
74839	Methyl Bromide	5.0000e-02
	(Bromomethane)
71556	Methyl Chloroform	3.2000e+00	1.9000e+03
78933	Methyl Ethyl Ketone	1.0000e+01
	(2-Butanone)
624839	Methyl Isocyanate	3.6000e-03
80626	Methyl Methacrylate	9.8000e+00
1634044	Methyl Tert Butyl Ether	3.0000e+01
75092	Methylene Chloride	3.0000e+01	3.5000e+01
101688	Methylene Diphenyl	2.0000e-04
	Diisocyanate
101779	4,4'-Methylenedianiline	1.9000e-02
91203	Naphthalene	1.4000e-01
98953	Nitrobenzene	1.7000e-02
79469	2-Nitropropane	2.0000e-01
87865	Pentachlorophenol	2.0000e-03
108952	Phenol	4.5000e-01
75445	Phosgene	1.2000e+00
7803512	Phosphine	3.0000e-03
7723140	Phosphorus	7.0000e-04
85449	Phthalic Anhydride	7.0000e+01
1336363	Polychlorinated Biphenyls	1.2000e-02
78875	Propylene Dichloride	4.0000e-02
75569	Propylene Oxide	3.0000e-01	1.0000e+01
100425	Styrene	1.0000e+01
1746016	2,3,7,8-TCDD	3.5000e-08
127184	Tetrachloroethylene (Perch)	3.5000e-01	6.8000e+01
108883	Toluene	4.0000e+00
584849	2,4-Toluene Diisocyanate	7.0000e-04
79016	Trichloroethylene	6.4000e+00
121448	Triethylamine	7.0000e-02
108054	Vinyl Acetate	2.0000e+00
593602	Vinyl Bromide	3.0000e-02
75014	Vinyl Chloride	2.6000e-01
75354	Vinylidene Chloride	3.2000e-01
1330207	Xylenes (Isomers and Mixture)	3.0000e+00	4.4000e+01
	Antimony Compounds	2.0000e-03
	Arsenic Compounds	5.0000e-03
	Beryllium Compounds	4.8000e-05
	Cadmium Compounds	3.5000e-02
	Chromium Compounds	2.0000e-05
	Cyanide Compounds	7.0000e-01	3.3000e+01
	Ethyl Glycol	2.0000e-01
	But Ether
	Ethyl Glycol	3.7000e+00
	Ethyl Ether
	Ethyl Gly MonoBut	1.5000e+01
	Ether
	Ethyl Gly Mono-	2.0000e+00
	Ethyl Ether
	Ethyl Gly Ethyl	6.4000e-01
	Ether Acetate
	Ethyl Glycol	2.0000e-01	3.2000e+00
	Methyl Ether
	Ethyl Gly Methyl	5.7000e-01
	Ether Acetate
	Ethyl Gly Mono-	1.6000e+01
	Ethyl Ether Acetate
	Lead Compounds	1.5000e-02
	Manganese Compounds	5.0000e-04
	Mercury Compounds	3.0000e-03	3.0000e-01
	Fine Mineral	2.4000e-01
	Fibers
	Nickel Compounds	2.4000e-03	1.0000e-02
	Selenium Compounds	5.0000e-03	2.0000e-02

(a) if obtaining a Montana air quality permit pursuant to ARM 17.8.743, install best available control technology for control of mercury emissions as required by ARM 17.8.752;

(b) except for any period for which another mercury emissions limit has been established pursuant to this rule, beginning January 1, 2010, or at commencement of commercial operation, whichever is later, limit mercury emissions from the mercury-emitting generating unit to an emission rate equal to or less than:

(i) 1.5 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for mercury-emitting generating units that combust lignite; or

(ii) 0.9 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for all other mercury-emitting generating units;

(c) by January 1, 2009, or 12 months prior to commencement of commercial operation, whichever is later, submit an application to the department for a Montana air quality permit or modification of an existing Montana air quality permit for the mercury-emitting generating unit solely to establish the mercury emission limit from (1) (b) and any necessary operational requirements as a condition of the permit. The owner or operator shall include in the application an analysis of potential mercury control options including, but not limited to, boiler technology, mercury emission control technology, and any other mercury control practices. The owner or operator shall also include in the application a proposed mercury emission control strategy projected to achieve compliance with the emission limit in (1) (b) and that must include boiler technology, mercury emission control technology, or any other mercury control practices used or anticipated to be used by the owner or operator to achieve compliance with (1) (b) . If the department determines that the mercury emission control strategy is projected to achieve compliance with the emission limit in (1) (b) , the department shall include the provisions of the mercury control strategy as conditions of the Montana air quality permit; and

(d) by January 1, 2010, or at commencement of commercial operation, whichever is later, implement the mercury emission control strategy approved pursuant to (1) (c) .

(2) If more than one mercury-emitting generating unit is located at a facility, the owner or operator may demonstrate compliance with the requirements of (1) (b) , an alternative emission limit, or a revised alternative emission limit on a facility-wide basis. An owner or operator choosing to demonstrate compliance with this rule on a facility-wide basis shall report the information required in (11) on a facility-wide basis.

(3) If the owner or operator of a mercury-emitting generating unit properly implements the mercury control strategy approved pursuant to (1) (c) , and the mercury control strategy fails under normal operation to meet the emission rate required in (1) (b) , the owner or operator:

(a) shall notify the department of the failure to meet the emission rate required in (1) (b) by March 1, 2011, or within two months of such failure, whichever is later; and

(b) may submit an application to the department for a Montana air quality permit or a modification of a Montana air quality permit solely to establish an alternative mercury emission limit. The owner or operator shall file any application for an alternative emission limit by July 1, 2011, or within six months of the failure to meet the emission rate required in (1) (b) , whichever is later, and shall include as part of the application:

(i) all mercury emission monitoring data, obtained pursuant to (11) , for the mercury-emitting generating unit;

(ii) a description of the reason(s) for the failure and any corrective action that may be appropriate;

(iii) a certification that the failure occurred during normal operation of the facility and was not caused entirely or in part by start-up, shakedown, or improper implementation of the mercury control strategy approved pursuant to (1) (c) ; and

(iv) a revised mercury control strategy demonstrating how compliance with (1) (b) is projected to be achieved as soon as reasonably practicable but no later than 2018. The revised mercury control strategy may include, but is not limited to, boiler technology, mercury emission control technology, and any other mercury control practices used or anticipated to be used by the owner or operator to achieve compliance with (1) (b) . The revised mercury control strategy must include measurable indicators of progress toward compliance with the emission limit in (1) (b) , which may include a plan of increasing levels of mercury control progressing to compliance with (1) (b) .

(4) If an application is submitted in accordance with (3) (b) , the failure of the owner or operator of the mercury-emitting generating unit to comply with the mercury emission limit in (1) (b) is not a violation of this rule or the permit until the department has issued its final decision on the application.

(5) If the information submitted pursuant to (3) (b) demonstrates that the owner or operator of the mercury-emitting unit cannot reasonably comply with the mercury emission limit in (1) (b) , the department may establish an alternative mercury emission limit, except that the department may not require the owner or operator to install a different boiler technology than is in use or contained in a final air quality permit. The department may establish an alternative mercury emission limit only if the owner or operator of the mercury-emitting unit demonstrates that the revised mercury control strategy constitutes a continual program of mercury control progression able to achieve the mercury emission rate requirement of (1) (b) . If the department establishes an alternative mercury emission limit, the department must include as a condition of the permit a requirement that the owner or operator of the mercury-emitting generating unit make reasonable efforts toward achieving the measurable indicators of progress contained in the revised mercury control strategy. Failure to make reasonable efforts toward achieving the measurable indicators of progress contained in the revised mercury control strategy is a violation of the permit. The department shall base any alternative mercury emission limit on the best level of emission control achieved or achievable by the revised mercury control strategy and shall consider the information submitted pursuant to (3) when establishing the alternative mercury emission limit.

(6) An alternative mercury emission limit established in a Montana air quality permit expires January 1, 2018, and must not exceed:

(a) 4.8 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for a mercury-emitting generating unit that combusts lignite and commenced commercial operation prior to October 1, 2006;

(b) 3.6 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for a mercury-emitting generating unit that combusts lignite and commenced commercial operation on or after October 1, 2006;

(c) 2.4 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for a mercury-emitting generating unit that does not combust lignite and commenced commercial operation prior to October 1, 2006; or

(d) 1.5 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for all other mercury-emitting generating units that do not combust lignite.

(7) The owner or operator of a mercury-emitting generating unit, for which the department has established an alternative mercury emission limit, shall, by January 1, 2014, submit an application to the department for a Montana air quality permit or a modification of a Montana air quality permit for the mercury-emitting generating unit to establish a revised alternative mercury emission limit. The owner or operator shall submit, as part of any application, the information required in (3) (b) (i) through (iv) , a best available control technology analysis for the control of mercury emissions, a review of the mercury-emitting generating unit's existing alternative mercury emission limit, including associated mercury emission monitoring and operational data, and a revised mercury control strategy.

(8) In reviewing an application submitted pursuant to (7) , the department shall establish a revised alternative mercury emission limit in a Montana air quality permit that will become effective beginning January 1, 2018. A revised alternative mercury emission limit must meet the requirements of (5) , except that the department may not require the owner or operator to install a different boiler technology than is in use or contained in a final air quality permit, or constitute best available control technology, whichever is more stringent, but must not exceed:

(a) 2.8 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for a mercury-emitting generating unit that combusts lignite; or

(b) 1.2 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for all other mercury-emitting generating units.

(9) No later than ten years after issuance of the permit containing the mercury emission limit, and every ten years thereafter, the owner or operator of a mercury-emitting generating unit, for which the department has established a mercury emission limit under (1) (b) or (8) , shall file an application with the department for a Montana air quality permit or a modification of a Montana air quality permit for the mercury-emitting generating unit to establish a revised mercury emission limit. The owner or operator shall submit, as part of the application, the information required in (3) (b) (i) through (iv) , a best available control technology analysis for the control of mercury emissions, and a review of the mercury-emitting generating unit's existing alternative mercury emission limit and the mercury control strategy, including associated mercury emission monitoring and operational data. The department shall establish a revised mercury emission limit in a Montana air quality permit that meets the requirements of (5) , except that the department may not require the owner or operator to install a different boiler technology than is in use or contained in a final air quality permit, or constitutes best available control technology whichever is more stringent, but that must not exceed:

(a) 2.8 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for a mercury-emitting generating unit that combusts lignite; or

(b) 1.2 pounds of mercury per trillion Btu, calculated as a rolling 12-month average, for all other mercury-emitting generating units.

(10) The owner or operator of a mercury-emitting generating unit shall comply with the monitoring, recordkeeping, and reporting provisions of 40 CFR Part 75. Any continuous emissions monitors used must be operated in compliance with 40 CFR Part 60, Appendix B.

(11) The owner or operator of any mercury-emitting generating unit shall report to the department within 60 days after the end of each calendar quarter, on forms as may be prescribed by the department:

(a) the monthly average mercury emission rate, for each month of the quarter; and

(b) the percentage of time the mercury emission monitoring method was operating during the quarter.

(12) If the federal Clean Air Mercury Rule (CAMR) , adopted in 70 Fed. Reg. 28606 (May 18, 2005) , is declared invalid by a court of competent jurisdiction, the provisions of 40 CFR Part 75 and Part 60, Appendix B, amended by CAMR, as they pertain to monitoring, recordkeeping, and reporting of mercury emissions, remain in effect as incorporated by reference in ARM 17.8.767(1) .

This rule has been repealed.

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 the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The department may determine that a different time period is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) The department may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(2) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both) and the most stringent of the following:

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341;

(b) the applicable Montana State Implementation Plan emissions limitation, including those with a future compliance date; or

(c) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(3) "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable in 40 CFR 81.327 in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one µg/m³ (annual average) of the pollutant for which the minor source baseline date is established, except baseline areas for PM-2.5 are designated when a major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 0.3 µg/m³ as an annual average for PM-2.5.

(a) Area redesignations under section 107 of the FCAA to attainment or unclassifiable cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(i) establishes a minor source baseline date; or

(ii) is subject to 40 CFR 52.21 or regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation. 

(b) Any baseline area established originally for the total suspended particulate increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with (21)(d).

(4) "Baseline concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date.

(a) A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

(i) the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in (4)(b); and

(ii) the allowable emissions of major stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

(b) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

(i) actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

(ii) actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(5) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

(6) "Best available control technology (BACT)" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each pollutant subject to regulation under the FCAA, excluding hazardous air pollutants except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA, which would be emitted from any proposed major stationary source or major modification which the department, on a case-by-case basis, taking into account energy impacts, environmental impacts (including, but not limited to, the effect of the control technology option on hazardous air pollutants), and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under ARM 17.8.340 and 17.8.341. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, any design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(7) "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two-digit code) as described in the standard industrial classification manual, 1987.

(8) "Commence", as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(a) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

(b) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(9) "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application, except that designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information.

(10) "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

(11) "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the FCAA.

(12) "Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

(13) "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued under such program.

(14) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(15) "High terrain" means any area having an elevation 900 feet or more above the base of the stack of a source.

(16) "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(17) "Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.

(18) "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.

(19) "Low terrain" means any area other than high terrain.

(20) "Major modification" means any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the FCAA, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA.

(a) Any net emissions increase that is significant for volatile organic compounds or NO_x will be considered significant for ozone.

(b) A physical change or change in the method of operation shall not include:

(i) routine maintenance, repair, and replacement;

(ii) use of an alternative fuel or raw material by reason of any order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 USC 791, et seq. (1988), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, 16 USC 791a, et seq. (1988 and Supp. III 1991);

(iii) use of an alternative fuel by reason of an order or rule under section 125 of the FCAA;

(iv) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(v) use of an alternative fuel or raw material by a stationary source which:

(A) the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or section 51.166; or

(B) the source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;

(vi) an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or section 51.166; or

(vii) any change in ownership at a stationary source.

(21) The following apply to the definitions of the terms "major source baseline date" and "minor source baseline date":

(a) "major source baseline date" means:

(i) in the case of PM-10 and sulfur dioxide (SO₂), January 6, 1975;

(ii) in the case of nitrogen dioxide (NO₂), February 8, 1988; and

(iii) in the case of PM-2.5, October 20, 2010.

(b) "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulation. The trigger date is:

(i) in the case of PM-10 and sulfur dioxide (SO₂), August 7, 1977;

(ii) in the case of nitrogen dioxide (NO₂), February 8, 1988; and

(iii) in the case of PM-2.5, October 20, 2011.

(c) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

(i) the area in which the proposed source or modification would construct is designated as attainment or unclassifiable in 40 CFR 81.327 for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and

(ii) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

(d) Any minor source baseline date established originally for the total suspended particulate increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the satisfaction of the department, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

(22) The following apply to the definition of the term "major stationary source":

(a) "major stationary source" means:

(i) any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the FCAA, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA: fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

(ii) notwithstanding the stationary source size specified in (22)(a)(i), any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under the FCAA, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA; or

(iii) any physical change that would occur at a stationary source not otherwise qualifying under (22)(a)(i) or (ii), as a major stationary source if the change would constitute a major stationary source by itself.

(b) A major source that is major for volatile organic compounds or NO_x will be considered major for ozone.

(c) The fugitive emissions of a stationary source may not be included in determining, for any of the purposes of this subchapter, whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(i) coal cleaning plants (with thermal dryers);

(ii) kraft pulp mills;

(iii) Portland cement plants;

(iv) primary zinc smelters;

(v) iron and steel mills;

(vi) primary aluminum ore reduction plants;

(vii) primary copper smelters;

(viii) municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) hydrofluoric, sulfuric, or nitric acid plants;

(x) petroleum refineries;

(xi) lime plants;

(xii) phosphate rock processing plants;

(xiii) coke oven batteries;

(xiv) sulfur recovery plants;

(xv) carbon black plants (furnace process);

(xvi) primary lead smelters;

(xvii) fuel conversion plants;

(xviii) sintering plants;

(xix) secondary metal production plants;

(xx) chemical process plants;

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) taconite ore processing plants;

(xxiv) glass fiber processing plants;

(xxv) charcoal production plants;

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

(xxvii) any other stationary source category which, as of August 7, 1980, is being regulated under sections 111 or 112 of the FCAA.

(23) "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the Montana State Implementation Plan.

(24) The following apply to the definition of the term "net emissions increase":

(a) "net emissions increase" means the amount by which the sum of the following exceeds zero:

(i) any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and

(ii) any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five years before construction on the particular change commenced, and the date that the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if the department has not relied on it in issuing a permit for the source under this subchapter, which permit is in effect when the increase in actual emissions from the particular change occurs.

(d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM-10 emissions may be used to evaluate the net emissions increase for PM-10.

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(f) A decrease in actual emissions is creditable only to the extent that:

(i) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(ii) it is federally enforceable at and after the time that actual construction on the particular change begins; and

(iii) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(g) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(25) "Nitrogen oxides" or "NO_x" means the sum of nitric oxide and nitrogen dioxide in the flue gas or emission point.

(26) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(27) "Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this chapter, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(28) The following apply to the definition of the term "significant":

(a) "significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides (NO_x): 40 tpy

Sulfur dioxide (SO₂): 40 tpy

Particulate matter: 25 tpy of particulate matter emissions

15 tpy of PM-10 emissions

PM-2.5: 10 tpy of direct PM-2.5 emissions, 40 tpy of sulfur dioxide emissions, or 40 tpy of nitrogen oxides (NOx) emissions unless demonstrated not to be a PM-2.5 precursor

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H₂S): 10 tpy

Total reduced sulfur (including H₂S): 10 tpy

Reduced sulfur compounds (including H₂S): 10 tpy

Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 10^-6 megagrams per year (3.5 * 10^-6 tpy)

Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tpy)

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tpy)

(b) "significant" means, in reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the FCAA, that (28)(a) does not list any emissions rate. This does not include hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA.

(c) Notwithstanding (28)(a), "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than one µg/m³ (24-hour average).

(29) "Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the FCAA, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA.

(30) "Volatile organic compounds (VOC)" means the same as defined in 40 CFR 51.100(s).

(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 Guideline on Air Quality Models, as published January 17, 2017, and effective May 22, 2017;

(c) 40 CFR Part 60, pertaining to standards of performance for new stationary sources;

(d) 40 CFR Part 61, pertaining to emission standards for hazardous air pollutants;

(e) 40 CFR 81.327, pertaining to the air quality attainment status designations for Montana; and

(f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(1) In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:

Pollutant

Maximum allowable increase (micrograms per cubic meter)

CLASS I

Particulate matter:
           PM-2.5, annual arithmetic mean.................................................................................1
           PM-2.5, 24-hr maximum..............................................................................................2
           PM-10, annual arithmetic mean..................................................................................4
           PM-10, 24-hr maximum...............................................................................................8
Sulfur dioxide (SO₂):
           Annual arithmetic mean...............................................................................................2
           24-hr maximum.............................................................................................................5
           3-hr maximum.............................................................................................................25
Nitrogen dioxide (NO₂):
           Annual arithmetic mean...............................................................................................2.5

CLASS II

Particulate matter:
           PM-2.5, annual arithmetic mean.................................................................................4
           PM-2.5, 24-hr maximum..............................................................................................9
           PM-10, annual arithmetic mean................................................................................17
           PM-10, 24-hr maximum.............................................................................................30
Sulfur dioxide (SO₂):
           Annual arithmetic mean.............................................................................................20
           24-hr maximum...........................................................................................................91
           3-hr maximum...........................................................................................................512
Nitrogen dioxide (NO₂):
           Annual arithmetic mean.............................................................................................25

CLASS III

Particulate matter:
           PM-2.5, annual arithmetic mean.................................................................................8
           PM-2.5, 24-hr maximum............................................................................................18
           PM-10, annual arithmetic mean................................................................................34
           PM-10, 24-hr maximum.............................................................................................60
Sulfur dioxide (SO₂):
           Annual arithmetic mean.............................................................................................40
           24-hr maximum.........................................................................................................182
           3-hr maximum............................................................................................................700
Nitrogen dioxide (NO₂):
           Annual arithmetic mean..............................................................................................50

(2) For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

(a) Bob Marshall Wilderness Area;

(b) Anaconda Pintler Wilderness Area;

(c) Cabinet Mountains Wilderness Area;

(d) Gates of the Mountains Wilderness Area;

(e) Glacier National Park;

(f) Medicine Lake Wilderness Area;

(g) Mission Mountains Wilderness Area;

(h) Red Rock Lake Wilderness Area;

(i) Scapegoat Wilderness Area;

(j) Selway-Bitterroot Wilderness Area;

(k) UL Bend Wilderness Area; and

(l) Yellowstone National Park.

(2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this subchapter.

(3) The extent of the areas designated as Class I under (1) and (2) shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990.

(4) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this subchapter.

(5) The following areas may be redesignated only as Class I or II:

(a) an area which, as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(b) a national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

(6) The following three areas have been designated as Class I by EPA and may be redesignated to another class only by EPA:

(a) Northern Cheyenne Reservation;

(b) Flathead Reservation; and

(c) Fort Peck Reservation.

(a) concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 USC 791, et seq. (1988) , over the emissions from such sources before the effective date of such an order;

(b) concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, 16 USC 791a, et seq. (1988 and Supp. III 1991) , over the emissions from such sources before the effective date of such plan;

(c) concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;

(d) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and

(e) concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources meeting the criteria specified in (3) .

(2) With respect to (1) (a) or (b) , no exclusion of such concentrations shall apply more than five years after the effective date of the order to which (1) (a) refers, or the plan to which (1) (b) refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates.

(3) For purposes of excluding concentrations pursuant to (1) (e) :

(a) The time period for a temporary increase in emissions may not exceed two years and is not renewable.

(b) No emissions increase from a stationary source would be allowed which would:

(i) impact a Class I area or an area where an applicable increment is known to be violated; or

(ii) cause or contribute to the violation of a national ambient air quality standard.

(2) The department may submit to the administrator a proposal to redesignate areas of the state Class I or Class II, provided that:

(a) at least one public hearing has been held in accordance with procedures established in 40 CFR 51.102;

(b) other states, Indian governing bodies, and federal land managers whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing;

(c) a discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;

(d) prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the department has provided written notice to the appropriate federal land manager and afforded adequate opportunity (not in excess of 60 days) to confer with the department respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any federal land manager had submitted written comments and recommendations, the department shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the federal land manager) ; and

(e) the department has proposed the redesignation after consultation with the elected leadership of any local governmental bodies located within the area covered by the proposed redesignation.

(3) Any area other than an area to which ARM 17.8.806 refers may be redesignated as Class III if:

(a) the redesignation would meet the requirements of (2) ;

(b) the redesignation, except any established by an Indian governing body, has been specifically approved by the governor, after consultation with the appropriate committees of the legislature (if it is in session, or with the leadership of the legislature, if it is not in session) , and if the local governmental bodies representing a majority of the residents of the area to be redesignated enact ordinances or regulations (including resolutions where appropriate) concurring in the redesignation;

(c) the redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard; and

(d) any permit application for any major stationary source or major modification subject to ARM 17.8.820, which could receive a permit under this subchapter only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available, as was practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.

(4) If the administrator disapproves any proposed area designation, the classification of the area will be that which was in effect prior to the proposed redesignation which was disapproved, and the state may resubmit the proposal after correcting the deficiencies noted by the administrator.

(a) so much of a stack height, not in existence before December 31, 1970, as exceeds good engineering practice; or

(b) any other dispersion technique not implemented before December 31, 1970.

(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 met. A major stationary source or major modification exempted from the requirements of subchapter 7 under ARM 17.8.744 or 17.8.745 shall, if applicable, still be required to obtain a Montana air quality permit and comply with all applicable requirements of this subchapter. 

(2) The requirements contained in ARM 17.8.819 through 17.8.827 shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under the FCAA that it would emit, except as this subchapter would otherwise allow. This does not include hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a) (1) of the FCAA, or must be considered in the BACT analysis.

(3) The requirements contained in ARM 17.8.819 through 17.8.827 apply only to any major stationary source or major modification that would be constructed in an area which is designated as attainment or unclassifiable under 40 CFR 81.327, except that the requirements contained in ARM 17.8.819 through 17.8.827 do not apply to a particular major stationary source or major modification if:

(a) the major stationary source would be a nonprofit health or nonprofit educational institution or a major modification that would occur at such an institution; or

(b) the source or modification is a portable stationary source which has previously received a permit under requirements contained in ARM 17.8.819 through 17.8.827, but only if the source proposes to relocate and emissions at the new location would be temporary, the emissions from the source would not exceed its allowable emissions and would impact no Class I area and no area where an applicable increment is known to be violated, and reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice must be given to the department not less than ten days in advance of the proposed relocation unless a different time duration is previously approved by the department.

(c) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source does not belong to any of the following categories:

(i) coal cleaning plants (with thermal dryers) ;

(ii) kraft pulp mills;

(iii) Portland cement plants;

(iv) primary zinc smelters;

(v) iron and steel mills;

(vi) primary aluminum ore reduction plants;

(vii) primary copper smelters;

(viii) municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) hydrofluoric, sulfuric, or nitric acid plants;

(x) petroleum refineries;

(xi) lime plants;

(xii) phosphate rock processing plants;

(xiii) coke oven batteries;

(xiv) sulfur recovery plants;

(xv) carbon black plants (furnace process) ;

(xvi) primary lead smelters;

(xvii) fuel conversion plants;

(xviii) sintering plants;

(xix) secondary metal production plants;

(xx) chemical process plants;

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) taconite ore processing plants;

(xxiv) glass fiber processing plants;

(xxv) charcoal production plants;

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(xxvii) any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the FCAA.

(4) The requirements contained in ARM 17.8.819 through 17.8.827 do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under 40 CFR 81.327. 

(5) The requirements contained in ARM 17.8.820, 17.8.822, and 17.8.824 do not apply to a proposed major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification, would be temporary and impact no Class I area and no area where an applicable increment is known to be violated.

(6) The requirements contained in ARM 17.8.820, 17.8.822, and 17.8.824 as they relate to any maximum allowable increase for a Class II area do not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each pollutant subject to regulation under the FCAA from the modification after the application of BACT would be less than 50 tons per year. This does not include hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA.

(7) The department may exempt a proposed major stationary source or major modification from the requirements of ARM 17.8.822, with respect to monitoring for a particular pollutant, if:

(a) the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

(i) carbon monoxide: 575 µg/m³, eight-hour average;

(ii) nitrogen dioxide (NO₂): 14 µg/m³, annual average;

(iii) PM-2.5: 0 µg/m³;

(iv) PM-10: 10 µg/m³, 24-hour average;

(v) sulfur dioxide (SO₂): 13 µg/m³, 24-hour average;

(vi) ozone: no de minimus air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to this subchapter requires an ambient impact analysis, including the gathering of ambient air quality data;

(vii) lead: 0.1 µg/m³, three-month average;

(viii) fluorides: 0.25 µg/m³, 24-hour average;

(ix) total reduced sulfur: 10 µg/m³, one-hour average;

(x) hydrogen sulfide: 0.2 µg/m³, one-hour average;

(xi) reduced sulfur compounds: 10 µg/m³, one-hour average; or

(b) the concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in (7)(a); or

(c) the pollutant is not listed in (7)(a).

(2) A new major stationary source shall apply BACT for each pollutant subject to regulation under the FCAA that it would have the potential to emit in significant amounts, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a) (1) of the FCAA. In evaluating the environmental impacts of any control technology option, the BACT analysis shall consider all pollutants, including hazardous air pollutants.

(3) A major modification shall apply BACT for each pollutant subject to regulation under the FCAA for which it would be a significant net emissions increase at the source, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a) (1) of the FCAA. In evaluating the environmental impacts of any control technology option, the BACT analysis shall consider all pollutants, including hazardous air pollutants. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

(4) For phased construction projects, the determination of BACT will be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of BACT for the source.

(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 secondary emissions), would not cause or contribute to air pollution in violation of any national ambient air quality standard in any air quality control region or any applicable maximum allowable increase over the baseline concentration in any area.

(2) Where an air quality impact model specified in 40 CFR Part 51, Appendix W is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state program. Written approval of the administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with ARM 17.8.826.

(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 analysis shall address each pollutant that it would have the potential to emit in a significant amount.

(3) For a major modification, the analysis shall address each pollutant for which it would result in a significant net emissions increase.

(4) With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall contain such air quality monitoring data as the department determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(5) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(6) The continuous air monitoring data that is required under this rule shall have been gathered over a period of one year and shall represent the year preceding receipt of the application, except that, if the department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months) , the data that is required shall have been gathered over at least that shorter period.

(7) The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of subchapter 9 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under (1) . 

(8) The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

(9) Nitrogen oxides are presumed to be precursors to PM-2.5 in an area, unless the applicant demonstrates that emissions of nitrogen oxides from sources in the area are not a significant contributor to that area's ambient PM-2.5 concentrations.

(10) Volatile organic compounds and ammonia are presumed not to be precursors to PM-2.5 unless emissions of volatile organic compounds or ammonia from sources in the area are a significant contributor to that area's ambient PM-2.5 concentrations.

(11) PM-2.5 emissions and PM-10 emissions include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.

(12) Applicability determinations for PM-2.5 made prior to January 1, 2011, without accounting for condensable particulate matter, are not subject to (11).

(2) Such information shall include the following:

(a) a description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(b) a detailed schedule for construction of the source or modification; and

(c) a detailed description as to what system of continuous emission reduction is planned by the source or modification, emission estimates, and any other information as necessary to determine that BACT as applicable would be applied.

(3) Upon request of the department, the owner or operator shall also provide information regarding the following:

(a) the air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and

(b) the air quality impacts and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

(2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.

(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 related to the consideration of such permit.

(2) The federal land manager and the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality related values (including visibility) of any such lands and to consider, in consultation with the administrator, whether a proposed source or modification would have an adverse impact on such values.

(3) Federal land managers with direct responsibility for management of Class I lands may present to the department, after reviewing the department's preliminary determination required under ARM 17.8.759, a demonstration that the emissions from the proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the department concurs with such demonstration, the department may not issue the permit.

(4) The owner or operator of a proposed source or modification may demonstrate to the federal land manager that the emissions from such source would have no adverse impact on the air quality-related values of such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the federal land manager concurs with such demonstration and so certifies to the department, the department may, provided that applicable requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide (SO₂), particulate matter, and nitrogen oxides would not exceed the following maximum allowable increases over the minor source baseline concentration for such pollutants:

Pollutant

Maximum allowable increase (micrograms per cubic meter)

PM-2.5
           annual arithmetic mean..........................................................................................4
           24-hr maximum........................................................................................................9
Particulate matter:
           PM-10, annual arithmetic mean...........................................................................17
           PM-10, 24-hr maximum.........................................................................................30
Sulfur dioxide (SO₂):
           annual arithmetic mean.........................................................................................20
           24-hr maximum......................................................................................................91
           3-hr maximum......................................................................................................325
Nitrogen dioxide (NO₂):
           annual arithmetic mean.........................................................................................25
___________________________________________________________________________

(5) The owner or operator of a proposed source or modification which cannot be approved under procedures developed pursuant to (4) may seek to obtain a sulfur dioxide variance from the Governor.

(a) The owner or operator of a proposed source or modification must demonstrate to the Governor that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of 24 hours or less applicable to any Class I area and, in the case of federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality-related values of the area (including visibility).

(b) The Governor, after consideration of the federal land manager's recommendation (if any) and subject to the concurrence of the federal land manager, may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If the federal land manager does not concur in the Governor's recommendations, the recommendations of the Governor and the federal land manager shall be transferred to the President, and the President may approve the Governor's recommendation if the President finds that such variance is in the national interest.

(d) If such a variance is granted under this rule, the department may issue a permit to such source or modification in accordance with provisions developed pursuant to (6), provided that the applicable requirements of the plan are otherwise met.

(6) In the case of a permit issued under procedures developed pursuant to (5), the source or modification shall comply with emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period:

MAXIMUM ALLOWABLE INCREASE
[Micrograms per cubic meter]

	Terrain Areas
PERIODS OF EXPOSURE	Low	High
24-hr maximum................................................................................................................	36	62
3-hr maximum..................................................................................................................	130	221

(2) In accordance with ARM 17.8.759, the department shall:

(a) make a preliminary determination whether construction should be approved, approved with conditions, or disapproved;

(b) make available, in at least one location in each region in which the proposed source would be constructed, a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination;

(c) notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity for comment at a public hearing as well as written public comment;

(d) send a copy of the notice of public comment to the applicant, the administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur, including any local air pollution control agencies, the chief executives of the city and county where the source would be located, any comprehensive regional land use planning agency, and any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the source or modification;

(e) provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations;

(f) consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the proposed source or modification;

(g) make a final determination whether construction should be approved, approved with conditions, or disapproved; and

(h) notify the applicant in writing of the final determination and make such notification available for public inspection at the same locations where the department made available preconstruction information and public comments relating to the source or modification.

(2) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of ARM 17.8.819 through 17.8.828 shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(2) The department may, with the consent of the governor of any other affected state, determine that the source or modification may employ a system of innovative control technology, if:

(a) the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

(b) the owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under ARM 17.8.819(2) , by a date specified by the department, provided that such date may not be later than four years from the time of start-up or seven years from permit issuance;

(c) the source or modification would meet the requirements equivalent to those in ARM 17.8.819 and 17.8.820, based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the department;

(d) the source or modification would not, before the date specified by the department, cause or contribute to any violation of an applicable national ambient air quality standard or impact any area where an applicable increment is known to be violated;

(e) all other applicable requirements including those for public participation have been met; and

(f) the provisions of ARM 17.8.825 (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.

(3) The department shall withdraw any approval to employ a system of innovative control technology made under this subchapter if:

(a) the proposed system fails by the specified date to achieve the required continuous emissions reduction rate;

(b) the proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(c) the department decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

(4) If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with (3) , the department may allow the source or modification up to an additional three years to meet the requirement for the application of BACT through use of a demonstrated system of control.

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 the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The department may determine that a different time is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) If the department is unable to determine actual emissions consistent with (1) (a) , the department may presume that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(2) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both) and the most stringent of the following:

(a) the applicable standards as set forth in ARM 17.8.340 or 17.8.341;

(b) the applicable emissions limitation contained in the Montana State Implementation Plan, including those with a future compliance date; or

(c) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(3) "Begin actual construction" means, in general, initiation of physical on-site construction activities of a permanent nature on an emissions unit. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(4) "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) , except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., having the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(5) "Commence", as applied to construction of a major stationary source or major modification, means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(a) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

(b) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(6) "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

(7) "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the FCAA.

(8) "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation Plan, and any permit requirement established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the Montana State Implementation Plan and expressly requires adherence to any permit issued under such program.

(9) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(10) "Lowest achievable emission rate" means, for any source, the more stringent rate of emissions based on the following:

(a) the most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or

(b) the most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance under 40 CFR Parts 60 and 61.

(11) "Major modification" means any physical change in, or change in the method of, operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the FCAA.

(a) Any net emissions increase that is considered significant for volatile organic compounds is considered significant for ozone.

(b) A physical change in, or change in the method of, operation does not include:

(i) routine maintenance, repair, and replacement;

(ii) use of an alternative fuel or raw material by reason of an order under (2)(a) and (2)(b) of the Energy Supply and Environmental Coordination Act of 1974, 15 USC 791, et seq. (1988), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, 16 USC 791a, et seq. (1988 and Supp. III 1991);

(iii) use of an alternative fuel by reason of an order or rule under section 125 of the FCAA;

(iv) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(v) use of an alternative fuel or raw material by a stationary source which:

(A) the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 12, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, or section 51.166; or

(B) the source is approved to use under any permit issued under regulations approved pursuant to 40 CFR 51.165;

(vi) an increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable air quality preconstruction permit condition which was established after December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I, or section 51.166;

(vii) any change in ownership at a stationary source.

(12) The following apply to the definition of the term "major stationary source":

(a) "major stationary source" means:

(i) any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the FCAA; or

(ii) any stationary source of air pollutants located in a serious particulate matter (PM-10) nonattainment area which emits, or has the potential to emit, 70 tons per year or more of PM-10; or

(iii) any physical change that would occur at a stationary source not qualifying under (12)(a)(i) or (ii) as a major stationary source, if the change would constitute a major stationary source by itself.

(b) The fugitive emissions of a stationary source will not be included in determining, for any of the purposes of this subchapter, whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(i) coal cleaning plants (with thermal dryers) ;

(ii) kraft pulp mills;

(iii) Portland cement plants;

(iv) primary zinc smelters;

(v) iron and steel mills;

(vi) primary aluminum ore reduction plants;

(vii) primary copper smelters;

(viii) municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) hydrofluoric, sulfuric, or nitric acid plants;

(x) petroleum refineries;

(xi) lime plants;

(xii) phosphate rock processing plants;

(xiii) coke oven batteries;

(xiv) sulfur recovery plants;

(xv) carbon black plants (furnace process) ;

(xvi) primary lead smelters;

(xvii) fuel conversion plants;

(xviii) sintering plants;

(xix) secondary metal production plants;

(xx) chemical process plants;

(xxi) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(xxii) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(xxiii) taconite ore processing plants;

(xxiv) glass fiber processing plants;

(xxv) charcoal production plants;

(xxvi) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

(xxvii) any other stationary source category which, as of August 7, 1980, is being regulated under sections 111 or 112 of the FCAA.

(13) "Necessary preconstruction approvals or permits" means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the Montana State Implementation Plan.

(14) The following apply to the definition of the term "net emissions increase":

(a) "net emissions increase" means the amount by which the sum of the following exceeds zero:

(i) any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and

(ii) any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five years before construction on the particular change commenced, and the date that the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if the department has not relied on it in issuing a permit for the source under regulations approved pursuant to 40 CFR 51.165, which permit is in effect when the increase in actual emissions from the particular change occurs.

(d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(e) A decrease in actual emissions is creditable only to the extent that:

(i) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(ii) it is federally enforceable at and after the time that actual construction on the particular change begins;

(iii) the department has not relied on it in issuing any Montana air quality permit under regulations approved pursuant to 40 CFR Part 51, subpart I (July 1, 1993 ed.), or the state has not relied on it in demonstrating attainment or reasonable further progress; and

(iv) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(f) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(15) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(16) "Precursor" means:

(a) volatile organic compounds and nitrogen oxides in ozone nonattainment areas; and

(b) sulfur dioxide (SO₂) in PM-2.5 nonattainment areas.

(17) "Reasonable further progress" means annual incremental reductions in emissions of the applicable air pollutant which are required by the FCAA or the administrator for attainment of the applicable national ambient air quality standard by the date required in section 172(a) of the FCAA.

(18) "Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this chapter, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(19) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant Emission Rate

Carbon monoxide:                                       100 tons per year (tpy)

Nitrogen oxides:                                             40 tpy

Sulfur dioxide (SO₂):                                      40 tpy

Particulate matter:                                          25 tpy of particulate matter emissions or

                                                                         15 tpy of PM-10 emissions

PM-2.5                                                            10 tpy of direct PM-2.5 emissions, 40 tpy of 
                                                                         sulfur dioxide (SO₂) emissions, or 40 tpy of
                                                                         nitrogen oxide emissions unless demonstrated
                                                                         not to be a PM-2.5 precursor

Lead:                                                               0.6 tpy

(20) "Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the FCAA.

(21) "Volatile organic compounds (VOC)" means the same as defined in 40 CFR 51.100(s).

(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 standards for hazardous air pollutants;

(c) 40 CFR 81.327, pertaining to the air quality attainment status designations for Montana;

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to permit requirements for permit programs in nonattainment areas;

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 through 7513b, pertaining to additional requirements for particulate matter in nonattainment areas; and

(f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(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 which the area is designated nonattainment, shall, prior to construction, obtain from the department a Montana air quality permit in accordance with subchapter 7 and all requirements contained in this subchapter if applicable. A major stationary source or major modification exempted from the requirements of subchapter 7 under ARM 17.8.744 and 17.8.745 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 which the area is designated nonattainment, shall, prior to construction, still be required to obtain a Montana air quality permit and comply with the requirements of ARM 17.8.748, 17.8.749, 17.8.756, 17.8.759, and 17.8.760 and with all applicable requirements of this subchapter.

(2) Any source or modification located anywhere in an area designated as nonattainment for a national ambient air quality standard under 40 CFR 81.327 which becomes a major stationary source or major modification for the pollutant for which the area is designated nonattainment solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant (such as a restriction on hours of operation) shall obtain from the department a Montana air quality permit as though construction had not yet commenced on the source or modification, in accordance with subchapter 7 and all requirements of this subchapter.

(3) Sulfur dioxide (SO₂) is a precursor to PM-2.5 in a PM-2.5 nonattainment area.

(4) Nitrogen oxides are presumed to be precursors to PM-2.5 in a PM-2.5 nonattainment area, unless the applicant demonstrates that emissions of nitrogen oxides from sources in the PM-2.5 nonattainment area are not a significant contributor to that area's ambient PM-2.5 concentrations.

(5) Volatile organic compounds and ammonia are presumed not to be precursors to PM-2.5 in a PM-2.5 nonattainment area unless emissions of volatile organic compounds or ammonia from sources in the area are a significant contributor to that area's ambient PM-2.5 concentrations.

(6) PM-2.5 emissions and PM-10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.

(7) Applicability determinations made prior to January 1, 2011, without accounting for condensable particulate matter, are not subject to (6).

(a) The permit for the new source or modification contains an emission limitation which constitutes the lowest achievable emissions rate for such source.

(b) The applicant certifies that all existing major sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) in the state of Montana are in compliance with all applicable emission limitations and standards under the FCAA or are in compliance with an expeditious schedule of compliance which is federally enforceable or contained in a court decree.

(c) The new source obtains from existing sources emission reductions (offsets) , expressed in tons per year, which provide both a positive net air quality benefit in the affected area in accordance with ARM 17.8.906(7) through (9) , and a ratio of required emission offsets to the proposed source's emissions of 1:1 or greater. The emissions reductions (offsets) required under this subsection must be:

(i) obtained from existing sources in the same nonattainment area as the proposed source, except as specified in ARM 17.8.906(6) (whether or not they are under the same ownership) ;

(ii) subject to the provisions of ARM 17.8.906;

(iii) sufficient to assure that there will be reasonable progress toward attainment of the applicable national ambient air quality standard;

(iv) for the same pollutant (e.g., carbon monoxide increases may only be offset against carbon monoxide reductions) ;

(v) permanent, quantifiable, and federally enforceable; and

(vi) reductions in actual emissions.

(d) The Montana air quality permit contains a condition requiring the source to submit documentation, prior to commencement of operation that the offsets required in the permit have occurred.

(e) The applicant submits an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

(2) Any growth allowances which were included in an applicable state implementation plan prior to November 15, 1990 for the purpose of allowing for construction or operation of a new major stationary source or major modification shall not be valid for use in any area that received or receives a notice from the administrator that the applicable state implementation plan containing such allowances is substantially inadequate.

(3) The requirements of (1) (a) and (c) , shall only apply to those pollutants for which the major stationary source or major modification is major and for which the area has been declared nonattainment.

(4) The issuance of a Montana air quality permit shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Montana State Implementation Plan and any other requirements contained in or pursuant to local, state or federal law.

(2) Where the emission limitation under the Montana State Implementation Plan allows greater emissions than the actual emissions of the source, emission offset credit will be allowed only for control below the actual emissions.

(3) For an existing fuel combustion source, credit shall be based on the actual emissions for the type of fuel being burned at the time the application to construct is filed. If the existing source commits to switch to a cleaner fuel at some future date, emissions offsets credit based on the actual emissions for the fuels involved is not acceptable, unless the Montana air quality permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The department shall ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches.

(4) Emission reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are permanent, quantifiable, and federally enforceable, and if the area has an EPA-approved attainment plan. In addition, the shutdown or curtailment is creditable only if it occurred on or after the date specified for this purpose in the Montana State Implementation Plan, and if such date is on or after the date of the most recent emissions inventory used in the plan's demonstration of attainment. Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall apply. However, in no event may credit be given for shutdowns which occurred prior to August 7, 1977. For purposes of this (4) , the department may choose to consider a prior shutdown or curtailment to have occurred after the date of its most recent emissions inventory, if the inventory explicitly includes as current "existing" emissions the emissions from such previously shutdown or curtailed sources. Such reductions may be credited in the absence of an approved attainment demonstration only if the shutdown or curtailment occurred on or after the date the new source's air quality application is filed, or if the applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date provisions described earlier in this (4) are observed.

(5) No emissions credit shall be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977) .

(6) All emission reductions claimed as offset credit shall be federally enforceable.

(7) Emission offsets may only be obtained from the same source or other sources in the same nonattainment area, except that the department may allow the owner or operator of a proposed source to obtain such emission reductions in another nonattainment area if:

(a) the other nonattainment area has an equal or higher nonattainment classification for the same pollutant than the area in which the proposed source will locate; and

(b) emissions from the other nonattainment area contribute to a violation of a national ambient air quality standard in the nonattainment area in which the proposed source will locate.

(8) In the case of emission offsets involving oxides of nitrogen, offsets will generally be acceptable if obtained from within the same nonattainment area as the new source or from other nonattainment areas which meet the requirements of (6) . However, if the proposed offsets would be from sources located at considerable distances from the new source, the department shall increase the ratio of the required offsets and require a showing by the applicant that nearby offsets were investigated and reasonable alternatives were not available.

(9) In the case of emission offsets involving sulfur dioxide, particulates, and carbon monoxides, areawide mass emission offsets are not acceptable and the applicant shall perform atmospheric simulation modeling to ensure that the emission offsets provide a positive net air quality benefit. However, the department may exempt the applicant from the atmospheric simulation modeling requirement if the emission offsets provide a positive net air quality benefit, are obtained from an existing source on the same premises or in the immediate vicinity of the new source, and the pollutants disperse from substantially the same effective stack height.

(10) Credits for an emissions reduction can be claimed to the extent that the department has not relied on it in issuing any Montana air quality permit under subchapters 7, 8, 9, and 10, or Montana has not relied on it in a demonstration of attainment or reasonable further progress.

(11) Production of and equipment used in the exploration, production, development, storage, or processing of oil and natural gas from stripper wells, are exempt from the additional permitting requirements of subchapter I, part D, subpart IV of the FCAA, and the application of these additional permitting requirements in this subchapter and subchapter 10 to any nonattainment area designated as serious for particulate matter (PM-10) . These sources must comply with all other requirements of section 173 of the FCAA and this subchapter and subchapter 10.

(12) Emission reductions otherwise required by any applicable rule, regulation, Montana air quality permit condition or the FCAA are not creditable as emissions reductions for the purposes of the offset requirement in ARM 17.8.905(1) (c) . Incidental emission reductions which are not otherwise required by any applicable rule, regulation, Montana air quality permit or the FCAA shall be creditable as emission reductions for such purposes if such emission reduction meets the requirements of this rule.

(1) The definitions contained in ARM 17.8.901 shall be applicable.

(2) "Cause or contribute" means, in regard to an ambient air quality impact caused by emissions from a major source or modification, an ambient air quality impact that exceeds the significance level as defined in (3) , for any pollutant at any location.

(3) "Significance level" means, for any of the following pollutants, an ambient air quality impact greater than any of the averages cited below:

(a) for sulfur dioxide:

(i) an annual average of 1.0 micrograms per cubic meter (µg/m³) ;

(ii) a 24-hour average of 5.0 µg/m³; or

(iii) a three-hour average of 25.0 µg/m³.

(b) for PM-10:

(i) an annual average of 1.0 µg/m³; or

(ii) a 24-hour average of 5.0 µg/m³.

(c) for nitrogen dioxide, an annual average of 1.0 µg/m³.

(d) for carbon monoxide:

(i) an eight-hour average of 0.5 milligrams per cubic meter (mg/m³) ; or

(ii) a one-hour average of 2.0 mg/m³.

(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 standards for hazardous air pollutants;

(c) 40 CFR 81.327, pertaining to the air quality attainment status designations for Montana;

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to requirements for permit programs in nonattainment areas;

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 through 7513b, pertaining to additional requirements for particulate matter in nonattainment areas; and

(f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.

(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

(2) In the absence of emission reductions compensating for the adverse impact of the source, the Montana air quality permit will be denied.