Mont. Admin. r. 17.8.101 - DEFINITIONS
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:
(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.
(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.
(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.
Notes
AUTH: 75-2-111, MCA; IMP: Title 75, chapter 2, MCA
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