Mont. Admin. r. 17.8.745 - MONTANA AIR QUALITY PERMITS-EXCLUSION FOR DE MINIMIS CHANGES
(1) A Montana air quality permit is not required
under ARM 17.8.743 for de minimis changes as
specified below:
(a) Construction or changed
conditions of operation at a facility for which a Montana air quality 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.
(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.
Notes
75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA;
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