Mont. Admin. r. 17.8.301 - DEFINITIONS
For purposes of this subchapter, the following definitions apply:
(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 or the North
American Industry Classification System of 2022 at
https://www.census.gov/naics/.
(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.
Notes
AUTH: 75-2-112, 75-2-203, MCA; IMP: 75-2-203, MCA
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