Document Missoula_doc_7c6b00a374

RESOLUTION NUMBER 7491 A RESOLUTION OF THE MISSOULA CITY COUNCIL TO SUPPORT NEW MISSOULA CITY- COUNTY AIR POLLUTION CONTROL PROGRAM RULES WHEREAS, the 24-hour National Ambient Air Quality Standards for PM2.5 (particulate matter with an aerodynamic diameter of 2.5 microns and smaller) was lowered by the United States Environmental Protection Agency from 65 ug/m3 to 35 ug/m3 on September 21, 2006; and WHEREAS, the National Ambient Air Quality Standards are set, after a comprehensive review and assessment of scientific studies on the impacts of particle pollution on public health have been completed; and WHEREAS, ambient PM2.5 data collected in Missoula and through out the county have found winter season 24-hour PM2.5 concentrations over 35 ug/m3 and Missoula is very close to exceeding the 24-hour PM2.5 standard during the winter months; and was as close to the standard as possible without going over for the set of years of 2005, 2006, 2007 with an average 24-hour PM2.5 level of 35.2; and WHEREAS, air pollution studies in Missoula and other communities of western Montana have found wood combustion to be the largest source of PM2.5 air pollution in the winter when high PM2.5 levels are present; and WHEREAS, the Missoula City County Air Pollution Control Board proposed revisions to the Missoula City-County Air Pollution Control Program Chapters 2, 4, 6, 9 and 14 to address the high PM2.5 concentrations found throughout the county, and after due notice, conducted public hearings on June 18, July 20, August 20 and September 17, 2009 and approved and passed those revisions at a public meeting on September 17, 2009; and WHEREAS, the proposed revisions of the Missoula City-County Air Pollution Control Program have been submitted to the Missoula City Council by the Missoula City-County Air Pollution Control Board for this Councils approval; and WHEREAS, the Missoula City Council held a public hearing on November 9, 2009 to consider the revisions of the Missoula City-County Air Pollution Control Program; NOW THEREFORE BE IT RESOLVED that the City Council approves and adopts the revised Missoula Air Pollution Control Program Chapter 2 Definitions (Exhibit Chapter 4 Missoula County Air Stagnation and Emergency Episode Avoidance Plan (Exhibit Chapter 6 Standards For Stationary Sources (Exhibit Chapter 9 Solid Fuel Burning Devices (Exhibit and Chapter 14 Enforcement and Administrative Procedures (Exhibit E) which are attached hereto and by this reference incorporated herein as part of this Resolution, to be effective upon approval by the Montana Board of Environmental Review. PASSED AND ADOPTED this 9th day of November, 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A CHAPTER 2 DEFINITIONS Rule 2.101 - Definitions The following definitions apply in this Program: “Advisory Council” means the Missoula City-County Air Quality Advisory Council created by this Program. “Air pollutant” or “pollutant” means dust, ash, fumes, gas, mist, smoke, vapor, odor, or any particulate matter or combination thereof present in the outdoor atmosphere. “Air pollution” means the presence in the outdoor atmosphere of one or more air pollutants, or any combination thereof in sufficient quantities, and of such character and duration as is or is likely to be injurious to the health or welfare of human, plant, animal life, or property, or that will unreasonably interfere with the enjoyment of life or property or the conduct of business. “Air Stagnation Zone” means the area defined by: T12N R18W Sections 5 through 8, 17 through 19; T12N R19W Sections 1through 35; T12N R20W Sections 1 through 5, 8 through 17, 21 through 28, 34 through 36; T13N R18W Sections 4 through 9, 16 through 21, 28 through 33; T13N R19W Sections 1 through 36; T13N R20W Sections 1 through 4, 9 through 16, 21 through 28, 33 through 36; T14N R18W Sections 30,31,32; T14N R19W Sections 13 through 36; T14N R20W Sections 13 through 15, 21 through 28, 33 through 36 and all as shown on the attached map, (see Appendix “Ambient air” means that portion of the atmosphere, external to buildings, to which the general public has access. “Animal matter” means any product or derivative of animal life. “Board of Health” means the Missoula City-County Board of Health. “BTU” means the British Thermal Unit, which is the heat required to raise the temperature of one pound of water through one degree Fahrenheit. “Chair” means the Chair of the Board of Health and the Missoula City-County Air Pollution Control Board. (10) “Clean Air Act of Montana” means MCA Title 75, Chapter 2. (11) “Control Board” means the Missoula City-County Air Pollution Control Board. (12) “Control equipment” means any device or contrivance that prevents or reduces emissions. (13) “Control Officer” means the Health Officer for the Missoula City-County Health Department, or any employee of the department designated by the Health Officer. (14) “Department” means the Missoula City-County Health Department. (15) “DEQ” means the Montana Department of Environmental Quality. (16) “Emission” means a release of an air pollutant into the outdoor atmosphere. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A (17) “EPA” means the United States Environmental Protection Agency. (18) “FCAA” means 42 USC 7401 to 7671q, the Federal Clean Air Act, as amended. (19) “Federally enforceable” means all limitations and conditions that are enforceable by the Administrator of the EPA, including but not limited to those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the Montana State Implementation Plan, any permit requirements 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 State Implementation Plan and expressly requires adherence to any permit issued under such program. (20) “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. (21) “Hazardous air pollutant” or “HAP” means any air pollutant listed in or pursuant 2 USC 7412(b). (22) “Hazardous waste” means a substance defined as hazardous waste under either 75-10-403, MCA or administrative rules in ARM Title 17, chapter 54, subchapter 3 or a waste containing 2 parts or more per million of biphenyl. (23) “Impact Zone M” means the area defined by: T11N R17W Sections 1 through 6, 7 through 11, 17 through 18; T11N R18W Sections 4 through 8, 17 through 20, 30 through 33; T11N R19W Sections 1 through 36; T11N R20W Sections 1 through 18, 20 through 29, 32 through 36; T11N R21W Sections 1 through 13 T11N R22W Sections 1, 2, 11, 12; T12N R16W Sections 18 through 20, 29 through 32; T12N R17W Section 2 through 11, 13 through 36; T12N R18W Sections 1 through 26, 28 through 33, 36; T12N R19W Sections 1 through 36; T12N R20W Sections 1 through 36; T12N R21W Sections 1 through 36; T12N R22W Sections 1, 2, 11 through 14, 23 through 26, 35, 36; T13N R16W Sections 6,7; T13N R17W Sections 1 through 12, 15 through 21, 28 through 33; T13N R18W Sections 1 through 36; T13N R19W Sections 1 through 36; T13N R20W Sections 1 through 36; T13N R21W Sections 1 through 36; T13N R22W Sections 1, 2, 11 through 14, 24, 25, 36; T14N R16W Sections 18, 19, 30, 31; T14N R17W Sections 5 through 8, 13 through 36; T14N R18W Sections 1 through 36; T14N R19W Sections 1 through 36; T14N R20W Sections 1 through 36; T14N R21W Sections 1 through 36; T14N R22W Sections 1, 2, 11 through 14, 22 through 27, 34 through 36; T15N R18W Sections 7 through 11, 14 through 23, 26 through 35; T15N R19W Sections 7 through 36; T15N R20W Sections 7 through 36; T15N R21W Sections 9 through 16, 20 through 36; T15N R22W Section 36; as shown on the map in Appendix A ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A (24) “Incinerator” means any equipment, device or contrivance used for the destruction of garbage, rubbish or other wastes by burning, but does not include devices commonly called tepee burners, silos, truncated cones, wigwam burners, or other such burners used commonly by the wood products industries when only woodwastes are burned. (25) “Lowest achievable emission rate (LAER)” means for any source, that rate of emissions that reflects: The most stringent emission limitation 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 (ii) The most stringent emission limitation achieved in practice by such class or category of source, whichever is more stringent. In no event may the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowed by applicable new source performance standards under Rule 6.506 or the amount allowed for hazardous air pollutants under Rule 6.507. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. (26) “Malfunction” means a sudden and unavoidable failure of air pollution control equipment or process equipment, or a process when it affects emissions, to operate in a normal manner. A failure caused entirely or in part by poor maintenance, careless operation, poor design, or other preventable upset condition or preventable equipment breakdown is not a malfunction. (27) “Modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (28) “Multiple chamber incinerator” means a device used to dispose of combustible refuse by burning, consisting of three or more refractory material lined combustion furnaces, arranged in series and physically separated by refractory walls, interconnected by gas passage ports or ducts and designed and operated for maximum combustion of the material to be burned. (29) “NAAQS” means national ambient air quality standard. (30) “Odor” means that property of an emission that stimulates the sense of smell. (31) “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 does not apply. For the purpose of this chapter, opacity determination must follow all requirements, procedures, specifications, and guidelines contained in 40 CFR Part 60, Appendix A, method 9 (July 1, 1987 ed.), or by an in-stack transmissometer that complies with all requirements, procedures, specifications and guidelines contained in 40 CFR Part 60, Appendix B, performance specification 1 (July 1, 1987 ed.). (32) “Particulate Matter” or “particulate” 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. (33) “Person” means any individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the state or federal government, industry, institution, business, trust, estate or other entity. (34) "PM2.5" 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 ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A designated in accordance with 40 CFR Part 53, or by an equivalent method designated in accordance with 40 CFR Part 53. (35) “PM10” 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, (52 FR 24664, July 1, 1987) and designated in accordance with 40 CFR Part 53 (52 FR 24727, July 1, 1987), or by an equivalent method designated in accordance with 40 CFR Part 53 (52 FR 24727, July 1, 1987). (36) “Premises” means a property, piece of land, real estate or building. (37) “Process weight” means the total weight of all materials introduced into any specific process that 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. (38) “Process weight rate” means the rate established as follows: 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. 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 emission applies. (39) “Public nuisance” means any condition of the atmosphere beyond the property line of the offending person that: affects, at the same time, an entire community or neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon individuals may be unequal), and endangers safety or health, or is offensive to the senses, or which causes or constitutes an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. (40) “Reasonably available control technology (RACT)” means devices, systems, process modifications or other apparatus or techniques 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, energy, environmental, and economic impacts of such controls and alternative means of providing for attainment and maintenance of such standard. (41) “Reduction” means any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. (42) “Regulated air pollutant” means the following: any air pollutant for which the State of Montana has adopted an ambient standard as listed in ARM Title 17, subchapter 8; nitrogen oxides or any volatile organic compound; any pollutant that is subject to any standard promulgated under section 111 of the FCAA (New Source Performance Standards); any class I or II substance subject to a standard under the Acid Rain Program, Title VI of the FCAA; and any pollutant that is subject to any standard or requirements promulgated under section 112 of the FCAA (Hazardous Air Pollutants). ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A (43) “Solid fuel burning device” means any fireplace, fireplace insert, woodstove, wood burning heater, wood fired boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic, cooking, or heating purposes, that burns less than 1,000,000 BTU’s per hour. (44) “Solid waste” means all putrescible and non-putrescible solid, semi-solid, liquid or gaseous wastes, including but not limited to garbage; rubbish; refuse; ashes; swill; food wastes; commercial or industrial wastes; medical waste; sludge from sewage treatment plants, water supply treatment plants or air pollution control facilities; animal parts, offal, animal droppings or litter; discarded home and industrial appliances; automobile bodies, tires, interiors, or parts thereof; wood products or wood byproducts and inert materials; Styrofoam and other plastics; rubber materials; asphalt shingles; tarpaper; electrical equipment; transformers; insulated wire; oil or petroleum products; treated lumber and timbers; and pathogenic or infectious waste. Solid waste does not mean municipal sewage, industrial wastewater effluent, mining wastes regulated under the mining and reclamation laws administered by the DEQ, or slash and forest debris regulated under laws administered by the Department of Natural Resources. (45) “Source” means any property, real or personal, or person contributing to air pollution. (46) “Stack or chimney” means any flue, conduit or duct arranged to conduct emissions. (47) “Standard conditions” means a temperature of 68o Fahrenheit and a pressure of 29.92 inches of mercury. (48) “Stationary source” means any property, real or personal, including but not limited to a building, structure, facility, or equipment located on one or more contiguous or adjacent properties under the control of the same owner or operator that emits or may emit any regulated air pollutant, including associated control equipment that affects or would affect the nature, character, composition, amount or environmental impacts of air pollution. (49) “Volatile organic compound” or “VOC” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. VOC does not include the following compounds, which have been determined to have negligible photochemical reactivity: methane; (ii) ethane; (iii) methyl acetate; (iv) methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); (vi) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC 113); (vii) trichlorofluoromethane (CFC 11); (viii) dichlorodifluoromethane (CFC-12); (ix) chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23); (xi) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); (xii) chloropentafluoroethane (CFC-115); (xiii) 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); (xiv) difluoromethane (HFC-32); (xv) (HFC-161); (xvi) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); (xvii) 1,1,2,2,3- pentafluoropropane (HFC-245ca); (xviii) 1,1,2,3,3- pentafluoropropane (HFC-245ea); (xix) 1,1,1,2,3- pentafluoropropane (HFC-245eb); (xx) 1,1,1,3,3- pentafluoropropane (HFC-245fa); (xxi) 1,1,1,2,3,3- hexafluoropropane (HFC-236ea); ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit A (xxii) 1,1,1,3,3- pentafluorobutane (HFC-365mfc); (xxiii) chlorofluoromethane (HCFC-31); (xxiv) 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); (xxv) 1 chloro-1-fluoroethane (HCFC-151a); (xxvi) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methyoxy-butane (C4F9OCH3); (xxvii) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2 CFCF2OCH3); (xxviii) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); (xxix) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2 CFCF2OC2H5); (xxx) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC43-10mee); (xxxi) 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); (xxxii) 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); (xxxiii) 1,1,1,2-tetrafluoroethane (HFC-134a); (xxxiv) 1,1-dichloro-1-fluoroethane (HCFC-141b); (xxxv) 1-chloro-1,1-difluoroethane (HCFC-142b); (xxxvi) 2-chloro-1,1,1,2-tetra-fluoroethane (HCFC-124); (xxxvii) pentafluoroethane (HFC-125); (xxxviii) 1,1,2,2-tetrafluoroethane (HFC-134); (xxxix) 1,1,1-trifluoroethane (HFC-143a); (xl) 1,1-difluoroethane (HFC-152a); (xli) parachlorobenzotrifluoride (xlii) cyclic, branched or linear completely methylated siloxanes; (xliii) acetone; (xliv) perchloroethylene (tetrachloroethylene); and (xlv) perfluorocarbon compounds that fall into these classes: cyclic, branched or linear completely fluorinated alkanes; cyclic, branched or linear completely fluorinated ethers with no unsaturations; cyclic, branched or linear completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. To determine compliance with emission limits, VOCs will be measured by the test methods in 40 CFR Part 60, Appendix A, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligible-reactive compounds may be excluded as VOCs if the amount of such compounds is accurately quantified, and such exclusion is approved by the department and the EPA. As a precondition to excluding these compounds as VOCs or at any time thereafter, the department may require an owner or operator to provide monitoring or testing methods and results, demonstrating to the satisfaction of the department, the amount of negligibly-reactive compounds in the source’s emissions. (50) “Wood-waste burners” means tepee burners, silos, truncated cones, wigwam burners, and other devices commonly used by the wood product industry for the disposal or burning of wood wastes. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B CHAPTER 4 MISSOULA COUNTY AIR STAGNATION AND EMERGENCY EPISODE AVOIDANCE PLAN Rule 4.101 - Purpose This chapter serves a dual purpose. As Missoula County’s Air Stagnation Plan it protects the community from significant harm during air stagnation periods and prevents violation of the particulate matter ambient standards. As Missoula County’s Emergency Episode Avoidance Plan, its purpose is to prevent high ambient concentrations of regulated air pollutants that may endanger public health and welfare. To both these ends, the regulations of this chapter control emissions from sources within Missoula County when meteorological conditions are not adequate to prevent high ambient concentrations of air pollutants. Planning for air stagnation and emergency episodes assures that emissions reduction is conducted effectively with minimal inconvenience to the sources and the general public. Rule 4.102 - Applicability The provisions regarding Stage 1 Air Alerts apply to all persons and sources of air pollution located within Impact Zone M as defined in Rule 2.101(23). All other provisions of this chapter apply to all persons and sources of air pollution in Missoula County. The department may call Alerts, Warnings, Emergencies and Crises to be in effect in all or any portion of the county, using available scientific and meteorological data to determine the areas affected by high ambient concentrations of pollutants. When Alerts are not required, the department may call for voluntary compliance in any or all portions of the county, using available scientific and meterological data to determine the areas affected by high ambient concentrations of pollutants. As specified in the 1991 stipulation between the Control Board and the Department of Health and Environmental Sciences (predecessor to DEQ) and agreed upon by the Board of Health and Environmental Sciences (predecessor to the Board of Environmental Review), the provisions of this chapter apply, as described in this Rule, to sources in Missoula County that are permitted by DEQ. Rule 4.103 - General Provisions The four air pollution control stages are Stage I Alert, Stage II Warning, Stage III Emergency and Stage IV Crisis. Each stage is associated with thresholds of specific air pollutants. When ambient concentrations of air pollutants as specified in Rule 4.104 exceed a threshold, or in the case of particulate matter, are expected to exceed a threshold, required control activities must be implemented except as allowed by Rule 4.112. Nothing in this chapter limits the authority of the Control Board or department to act in an emergency situation. The department may act to protect the public from imminent danger caused by any air pollutant. Such action may include but is not limited to verbal orders to cease emission release, or ordering the use of specified procedures in the management of actual or potential toxic air pollution releases resulting from accidents involving the transportation, use, or storage of toxic chemicals or mixtures of chemicals that could result in the release of toxic chemicals. When in effect, the requirements of this chapter supersede all other regulations under this Program that are less restrictive. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B Rule 4.104 - Air Pollution Control Stages Stage I – ALERT for Particulate Matter The department may declare a Stage I Alert for particulate matter if it determines using available scientific and meteorological data, that any of the following conditions occurs. If the department determines that the primary air pollution source is crustal, an alert can be called for the air stagnation zone, rather than all of Impact Zone M: whenever the ambient concentration of PM2.5 meets or exceeds 21 ug/m3 averaged over an eight hour period; or (ii) whenever the ambient concentration of PM10 exceeds 80 ug/m3 averaged over an eight hour period. The department shall declare a Stage I Alert for particulate matter if it determines using available scientific and meteorological data, that any of the following conditions occur unless dispersion conditions are expected to improve rapdily. If the department determines that the primary air pollution source is crustal, an alert can be called for the air stagnation zone, rather than all of Impact Zone M: whenever the ambient concentration of PM2.5 meets or exceeds 28 ug/m3 averaged over an eight hour average; or (ii) whenever the ambient concentration of PM2.5 can reasonably be expected to exceed 35 ug/m3 averaged over the next 24 hours if a Stage I Alert is not called; or (iii) whenever the ambient concentration of PM10 can reasonably be expected to exceed 150 ug/m3 averaged over the next 24 hours if a Stage I Alert is not called. Stage II - WARNING The department shall declare a Stage II Warning for particulate matter if it determines using available scientific and meterological data, that any of the following conditions occurs unless dispersion conditions are expected to improve rapidly: whenever the ambient concentration of PM2.5 meets or exceeds 35 ug/m3 for an eight hour average; or (ii) whenever scientific and meterological data indicate that the 24-hour average PM2.5 concentrations will remain at or above 35 ug/m3 if a Stage II Warning is not called; or (iii) whenever the ambient concentration of PM10 exceeds 150 ug/m3 averaged over an eight hour period and an Alert is already in effect; or (iv) whenever the ambient concentration of PM10 exceeds 180 ug/m3 average over an eight hour period and an Alert is not already in effect; or whenever scientific and meteorological data indicate that the 24 hour average PM10 concentrations will remain at or above 150 ug/m3 if a Stage II Warning is not called. The department shall declare a Stage II WARNING whenever the ambient concentration of any of the following pollutants listed equals or exceeds the specified levels: S02 800 ug/m3 24-hour average CO 17 mg/m3 3-hour average O 3 400 ug/m3 1-hour average NO 2 1130 ug/m3 1-hour average NO2 282 ug/m3 24-hour average Stage III – EMERGENCY The department shall declare a Stage III Emergency whenever the ambient concentration ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B of any of the following pollutants listed equals or exceeds the specified levels: PM2.5 80 ug/m3 24-hour average PM10 420 ug/m3 24-hour average S02 1600 ug/m3 24-hour average CO 34 mg/m3 3-hour average O 3 800 ug/m3 1-hour average N02 2260 ug/m3 1-hour average NO2 565 ug/m3 24-hour average Stage IV – CRISIS The department shall declare a Stage IV CRISIS whenever the ambient concentration of any of the following pollutants listed equals or exceeds the specified levels: PM2.5 135 ug/m3 24-hour average PM10 500 ug/m3 24-hour average S02 2100 ug/m3 24-hour average CO 46 mg/m3 8-hour average O 3 1000 ug/m3 1-hour average N02 3000 ug/m3 1-hour average NO2 750 ug/m3 24-hour average Ambient concentrations of pollutants are determined by the department using a reference method, or a device that correlates to a reference method air quality monitor or sampler. The department shall reduce an air pollution control stage to the appropriate stage when the department determines measurements of the ambient air indicate a corresponding reduction in pollutant levels and available meteorological data indicates that the concentration of such pollutant will not immediately increase again. Rule 4.105 - Emergency Operations The department shall prepare an emergency episode operations plan, which includes the following information: an explanation of ambient air quality surveillance procedures; a description of how meteorological information is obtained and used during episodes; provisions for increased monitoring during episodes; provisions for increased staffing during episodes; and a communications plan for use during episodes. Rule 4.106 - Abatement Plan For Certain Sources Each governmental road department shall have an abatement plan that describes what actions they will take to minimize road dust during air stagnation and emergency episodes. The plans must demonstrate the use of all reasonable measures to reduce road dust along heavily traveled streets and are subject to review and approval by the department. Each stationary source within Missoula County emitting or capable of emitting twenty-five (25) tons or more of PM10, SO2, CO, O3 or NO2 per year shall have a plan of abatement for reducing emissions of each such pollutant when the ambient concentration of such pollutant equals or exceeds the concentrations set forth in Rule 4.104. The plan, which is subject to review and approval by the department, must sufficiently demonstrate the ability of the source to reduce emissions as required under each stage of the emergency episode avoidance plan. Within 60 days of notification by the department that new requirements are in effect, a ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B source required by this rule to have an abatement plan shall submit an updated plan to the department for review and approval. The department may require sources to periodically review and update their abatement plans, and submit them to the department for review and approval. Rule 4.107 - Enforcement Procedure If any of the provisions of this chapter are being violated, or if, based on scientific and meteorological data, the Control Board or department has reasonable grounds to believe that there exists in Missoula County a condition of air pollution that requires immediate action to protect the public health or safety, the department or the Control Board or any law enforcement officer acting under the direction of the department or Control Board may order any person or persons causing or contributing to the air pollution to immediately reduce or completely discontinue the emission of pollutants. The order must specify the provision of the Program being violated and the manner of violation, and must direct the person or persons causing or contributing to the air pollution to reduce or completely discontinue the emission of air pollutants immediately. The order must notify the person to whom it is directed of the right to request a hearing. The order must be personally delivered to the person or persons in violation or their agent. If a hearing is requested by a person or persons allegedly in violation of the provisions of this chapter, within 24 hours the department shall fix a time and place for a hearing to be held before the Control Board or a hearings examiner appointed by the Control Board. Not more than 24 hours after the commencement of such hearing, and without adjournment, the Control Board or hearings examiner shall affirm, modify, or set aside the order. A request for a hearing does not stay or nullify an order. If a person fails to comply with an order issued under this chapter, the department or the Control Board may initiate action under Chapter 15 of this Program. The right to request a hearing before the Control Board under this chapter does not apply to violations of Chapter 9. Enforcement procedures for violations of Chapter 9 are described in Rule 15.104. Rule 4.108 - Stage I Alert Control Activities During a Stage I Alert, the department shall: advise citizens via public media and the department’s Air Pollution Hotline of the actions listed under an Alert, and of medical precautions. shall suspend outdoor burning. may require construction companies to take additional effective dust-control action for roads under construction or repair. During a Stage I Alert, the following general curtailment provisions take effect: Residential solid fuel burning devices shall comply with the applicable requirements of Chapter 9. Citizens should limit driving to necessary trips only and should avoid driving on unpaved surfaces such as dirt roads and unpaved shoulders and alleys. The City, County and State road departments shall take actions appropriate under the prevailing weather conditions to reduce road dust along heavily traveled streets, as described in their abatement plans required by Rule 4.106. During a Stage I Alert, the following curtailment provisions for stationary sources take ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B effect: Air pollution control equipment must be used to its maximum efficiency; Incinerators, except pathological incinerators, air pollution control devices and crematoriums, shall cease operation during an Alert. Commercial boiler operators should limit manual boiler lancing and soot blowing to between the hours of 12 p.m. and 4 p.m. A stationary source may not switch to a higher sulfur or ash content fuel unless: the source has continuous emission reduction equipment for the control of emissions caused by the alternate fuel; or (ii) the low sulfur or ash content fuel supply has been interrupted by the utility supplying the fuel. Each stationary source emitting or capable of emitting twenty-five (25) tons or more per year of any pollutant shall implement its abatement plan to reduce emissions during an Alert. Rule 4.109 - Stage II Warning Control Activities During a Stage II Warning, the department shall: advise citizens via public media and the Air Pollution Hotline of the actions described under a Warning, and of medical precautions. advise the public to eliminate all nonessential driving, and urge citizens to carpool or use non-motorized or public transportation. inspect operating stationary sources required to implement an abatement plan by Rule 4.106 to ensure compliance with the plan. notify DEQ so it can initiate notification and communication procedures contained in the Montana Emergency Episode Avoidance Plan (Montana SIP, Chapter However, the department is responsible for notifying state and county permitted sources and the public of requirements under this plan. During a Stage II Warning, the following general curtailment provisions take effect: All Alert conditions remain in effect except where Warning steps are more stringent. Solid fuel burning devices must comply with the applicable requirements of Chapter 9. For sources other than solid fuel burning devices, a person may not cause, allow or discharge visible emissions from any source unless such source has a State or County operating permit. During a Stage II Warning, the following curtailment provisions for stationary sources take effect: All Alert restrictions apply, except where Warning steps are more stringent; Pathological incinerators and crematoriums must limit operations to the hours between 12:00 p.m. and 4 p.m.; Commercial boiler operators shall limit manual boiler lancing and soot blowing to between the hours of 12 noon and 4 p.m.; Each stationary source emitting or capable of emitting twenty-five (25) tons or more per year of any pollutant shall implement its abatement plan to reduce emissions during a Warning using the maximum efficiency of abatement equipment in accordance with that ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B plan. If so advised by the department, the source shall prepare to take action as advised under the Emergency conditions. The following additional provisions for stationary sources take effect if a Warning is in effect for any pollutant other than PM10 or when ambient PM10 levels reach 350ug/m3: The source must show substantial reductions in the emissions of air pollutants by using fuels with low ash and sulfur content; The source must show substantial reduction of air pollutants from manufacturing operations by curtailing, postponing, or deferring production and all operations; The source must show maximum reduction of air pollutants by deferring trade waste disposal operations that emit solid particles, gas vapors or malodorous substances; and The source must show maximum reduction of heat load demands for processing. Rule 4.110 - Stage III Emergency Control Activities During a Stage III Emergency, the department shall: advise citizens via public media and the department’s Air Pollution Hotline of the actions described under an Emergency and of medical precautions. inspect stationary sources required to implement an abatement plan by Rule 4.106 to ensure compliance with the plan. if conditions continue to worsen, issue a specific advisement that total curtailment under a Crisis condition is possible. notify DEQ so it can initiate notification and communication procedures contained in the Montana Emergency Episode Avoidance Plan (Montana State Implementation Plan, Chapter However, the department is responsible for notifying state and county permitted sources and the public of requirements under this plan. During a Stage III Emergency, the following general curtailment provisions take effect: All Alert and Warning conditions apply, except where Emergency steps are more stringent. All nonessential public gatherings should be voluntarily canceled. Persons driving motor vehicles must reduce operations by use of carpools, non- motorized transportation and public transportation and by eliminating unnecessary driving. Solid fuel burning devices may not be operated. During a Stage III Emergency, the following curtailment provisions for stationary sources take effect: All Warning restrictions remain in effect, except where Emergency steps are more stringent; Incinerators, except pollution control devices, must cease operation; For manufacturing industries that require a relatively short lead time for shut down, the source must show elimination of air pollutants from manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B For sources still allowed to operate, a minimum forty percent (40%) reduction in emissions below maximum permissible operating emissions is required, except this requirement does not apply to those sources where the department determines such reductions are not physically possible. For manufacturing operations, the source may have to assume reasonable economic hardship by postponing production and allied operation to meet this reduction; Each stationary source emitting or capable of emitting twenty-five (25) tons or more per year of any pollutant shall implement its abatement plan to reduce emissions during an Emergency. Rule 4.111 - Stage IV Crisis Control Activities During a Stage IV Crisis, the department shall: inspect stationary sources required to implement an abatement plan by Rule 4.106 to ensure compliance with the plan. The department will notify DEQ so it can initiate notification and communication procedures contained in the Montana Emergency Episode Avoidance Plan (Montana State Implementation Plan, Chapter However, the department is responsible for notifying state and county permitted sources and the public of requirements under this plan. During a Stage IV Crisis, the following general curtailment provisions take effect: All conditions from the Alert, Warning, and Emergency stages apply except where Crisis steps are more stringent. Only those establishments places of employment or business) associated with essential services may remain open. Essential services are news media, medically associated services (hospitals, labs, pharmacies), direct food supply (grocery markets, restaurants), drinking water supply and wastewater treatment, police, fire and health officials and their associated establishments. It is expressly intended that any service not defined as essential cease all business. Depending on the duration and nature of the crisis, the department may add the operation of certain services and facilities to the list of essential services. Examples of businesses and establishments considered nonessential include, but are not limited to: banks (except for supplying funds for essential services), all offices, bars and taverns, laundries, gas stations, barber shops, schools (all levels), repair shops, amusement and recreation facilities, libraries, and city, state and federal offices (except those identified as essential services). The use of motor vehicles is prohibited except in emergencies with the approval of law enforcement and the department. During a Stage IV Crisis, the following curtailment provisions for stationary sources take effect: Stationary sources shall cease all manufacturing functions, but they may maintain operations necessary to prevent injury to persons or damage to equipment. Each stationary source emitting or capable of emitting twenty-five (25) tons or more per year of any pollutant shall implement its abatement plan to reduce emissions during a Crisis. Rule 4.112 – Wildfire Smoke Emergency Episode Avoidance Plan During wildfire smoke episodes, the department may waive the requirements of 4.105 – 4.111 only when: wildfire smoke is the primary source of PM2.5 in the airshed; and ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 4 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit B the effects on PM2.5 levels are insignificant when the requirements are waived. Rule 4.113 - Contingency Measure: Upon notification by the DEQ and EPA that a violation of the 24 hour NAAQS for PM10 has occurred, and with departmental determination that solid fuel burning devices are greater than 40% percent of the cause, the department shall conduct extensive nighttime enforcement of the wood burning regulations when a Stage I Alert is declared. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C CHAPTER 6 STANDARDS FOR STATIONARY SOURCES Subchapter 1 – Air Quality Permits for Air Pollutant Sources Rule 6.101 – Definitions For the purpose of this subchapter the following definitions apply: “Air Quality Permit” or “permit” means a permit issued by the department for the construction, installation, alteration, or operation of any air pollution source. The term includes annual operating and construction permits issued prior to November 17, 2000. “Commencement of construction” means the owner or operator has either: begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or 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. “Construct or Construction” means on-site fabrication, modification, erection or installation of a source or control equipment, including a reasonable period for startup and shakedown. “Existing Source” means a source or stack associated with a source that is in existence and operating or capable of being operated or that had an air quality permit from the department or the Control Board on March 16, 1979. “Major Emitting Facility” means a stationary source or stack associated with a source that directly emits, or has the potential to emit, 100 tons per year of any air pollutant, including fugitive emissions, regulated under the Clean Air Act of Montana. “New or Altered Source” means a source or stack (associated with a source) constructed, installed or altered on or after March 16, 1979. “Owner or Operator” means the owner of a source or the authorized agent of the owner, or the person who is responsible for the overall operation of the source. “Potential to Emit” means the maximum capacity of a 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, must 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 source. “Source” means a “stationary source” as defined by Rule 2.101(47). Rule 6.102 – Air Quality Permits Required A person may not construct, install, alter, operate or use any source without having a valid permit from the department when required by this rule to have a permit. A permit is required for the following: ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C any source that has the potential to emit 25 tons or more of any pollutant per year; Incinerators; asphalt plants; concrete plants; and rock crushers without regard to size; Solid fuel burning equipment with the heat input capacity to burn of 1,000,000 BTU/hr or more; A new stack or source of airborne lead pollution with a potential to emit five tons or more of lead per year; An alteration of an existing stack or source of lead pollution that increases the maximum potential of the source to emit airborne lead by 0.6 tons or more per year; An air quality permit is not required for the following, except when the Control Board determines an air quality permit is necessary to insure compliance with other provisions of this Program: Any major stationary source or modification, as defined in 40 CFR 51.165 or 51.166, which is required to obtain an air quality permit from the MT DEQ in conjunction with ARM Title 17, Chapter 8, Subchapters 8, 9 or 10; Residential, institutional, and commercial fuel burning equipment of less than l0,000,000 BTU/hr heat input if burning liquid or gaseous fuels, or 1,000,000 BTU/hr input if burning solid fuel; Residential and commercial fireplaces, barbecues and similar devices for recreational, cooking or heating use; motor vehicles, trains, aircraft or other such self-propelled vehicles; agricultural and forest prescription fire activities; emergency equipment installed in hospitals or other public institutions or buildings for use when the usual sources of heat, power and lighting are temporarily unattainable; routine maintenance or repair of equipment; public roads; and any activity or equipment associated with the planting, production or harvesting of agricultural crops. A source that is exempt from obtaining an air quality permit by Rule 6.102(3) is subject to all other applicable provisions of this program, including but not limited to those regulations concerning outdoor burning, odors, motor vehicles, fugitive particulate and solid fuel burning devices. A source not otherwise required to obtain an air quality permit may obtain such a permit for the purpose of establishing federally enforceable limits on its potential to emit. Rule 6.103 – General Conditions An air quality permit must contain and permit holders must adhere to the following provisions: requirements and conditions applicable to both construction and subsequent use including, but not limited to, applicable emission limitations imposed by subchapter 5 of this chapter, the Clean Air Act of Montana and the FCAA. such conditions as are necessary to assure compliance with all applicable ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C provisions of this Program and the Montana SIP. a condition that the source shall submit information necessary for updating annual emission inventories. a condition that the permit must be available for inspection by the department at the location for which the permit is issued. a statement that the permit does not relieve the source of the responsibility for complying with any other applicable City, County, federal or Montana statute, rule, or standard not contained in the permit. An air quality permit is valid for five years, unless: additional construction that is not covered by an existing construction and operating permit begins on the source; a change in the method of operation that could result in an increase of emissions begins at the source; the permit is revoked or modified as provided for in Rules 6.108 and 6.109; or the permit clearly states otherwise. A source whose permit has expired may not operate until it receives another valid permit from the department. An air quality permit for a new or altered source expires 18 36 months from the date of issuance if the construction, installation, or alteration for which the permit was issued is not completed within that time. Another permit is required pursuant to the requirements of this subchapter for any subsequent construction, installation, or alteration by the source. A new or altered source may not commence operation, unless the owner or operator demonstrates that construction has occurred in compliance with the permit and that the source can operate in compliance with applicable conditions of the permit, provisions of this Program, and rules adopted under the Clean Air Act of Montana and the FCAA and any applicable requirements contained in the Montana SIP. Commencement of construction or operation under any permit containing conditions is deemed acceptance of all conditions so specified, provided that this does not affects the right of the permittee to appeal the imposition of conditions through the administrative appeals process as provided in Chapter 14. Having an air quality permit does not affect the responsibility of a source to comply with the applicable requirements of any control strategy contained in the Montana SIP. Rule 6.104 – Reserved Rule 6.105 – Air Quality Permit Application Requirements The owner or operator of a new or altered source shall, not later than 180 days before construction begins, or if construction is not required not later than 120 days before installation, alteration, or use begins, submit an application for an air quality permit to the department on forms provided by the department. An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or an authorized representative, if that representative is responsible for the overall operation of the source; ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C An application submitted by a partnership or a sole proprietorship must be signed by a general partner or the proprietor respectively; An application submitted by a municipal, state, federal or other public agency must be signed by either a principal executive officer, appropriate elected official or other duly authorized employee; and An application submitted by an individual must be signed by the individual or his or her authorized agent. The application must include the following: A map and diagram showing the location of the proposed new or altered source and each stack associated with the source, the property involved, the height and outline of the buildings associated with the new or altered source, and the height and outline of each stack associated with the new or altered source; A description of the new or altered source including data on maximum design production capacity, raw materials and major equipment components; A description of the control equipment to be installed; A description of the composition, volume and temperatures of the effluent stream, including the nature and extent of air pollutants emitted, quantities and means of disposal of collected pollutants, and the air quality relationship of these factors to conditions created by existing sources or stacks associated with the new or altered source; Normal and maximum operating schedules; Adequate drawings, blueprints, specifications or other information to show the design and operation of the equipment involved; Process flow diagrams containing material balances; A detailed schedule of construction or alteration of the source; A description of the shakedown procedures and time frames that will be used at the source; Other information requested by the department that is necessary to review the application and determine whether the new or altered source will comply with applicable provisions of this Program; including but not limited to information concerning compliance with environmental requirements at other facilities; Documentation showing the city or county zoning office was notified in writing by the applicant that the proposed use requires an air quality permit; A valid city or county zoning compliance permit for the proposed use; The department may waive the requirement that any of the above information must accompany a permit application. When renewing an existing permit, the owner or operator of a source is not required to submit information already on file with the department. However, the department may require additional information to ensure the source will comply with all applicable requirements. An application for a solid or hazardous waste incinerator must include the information specified in Rule 6.605. An owner or operator of a new or altered source proposing construction or alteration within any area designated as nonattainment in 40 CFR 81.327 for any regulated air pollutant shall demonstrate that all major emitting facilities located within Montana and owned or operated by such persons, or by an entity controlling, controlled by, or under ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C common control with, such persons, are subject to emission limitations and are in compliance, or on a schedule for compliance, with all applicable air quality emission limitations and standards contained in ARM Title 17, Chapter 8. The owner or operator of a new or altered source shall, before construction is scheduled to end as specified in the permit, submit additional information on a form provided by the department. The information to be submitted must include the following: Any information relating to the matters described in Section of this rule that has changed or is no longer applicable; and A certification by the applicant that the new or altered source has been constructed in compliance with the permit. An application is deemed complete on the date the department received it unless the department notifies the applicant in writing within thirty (30) days thereafter that it is incomplete. The notice must list the reasons why the application is considered incomplete and must specify the date by which any additional information must be submitted. If the information is not submitted as required, the application is considered withdrawn unless the applicant requests in writing an extension of time for submission of the additional information. The application is complete on the date the required additional information is received. Rule 6.106 – Public Review of Air Quality Permit Application The applicant shall notify the public, by means of legal publication in a newspaper of general circulation in the area affected by the application of its application for an air quality permit. The notice must be published not sooner than ten (10) days prior to submittal of an application nor later than ten (10) days after submittal of an application. The applicant shall use the department’s format for the notice. The notice must include: the name and the address of the applicant; address and phone number of the premises at which interested persons may obtain further information, may inspect and may obtain a copy of the application; the date by which the department must receive written public comment on the application. The public must be given at least 30 days from the date the notice is published to comment on the application. The department shall notify the public of its preliminary determination by means of legal publication in a newspaper of general circulation in the area affected by the application and by sending written notice to any person who commented on the application during the initial 30-day comment period. Each notice must specify: whether the department intends on issuing, issuing with conditions, or denying the permit; address and phone number of the premises at which interested persons may obtain further information, may inspect and may obtain a copy of the proposed permit; the date by which the department must receive written public comment on the application. The public must be given at least 15 days from the date the notice is published to comment on the application. A person who has submitted written comments and who is adversely affected by the department’s final decision may request, in writing, an administrative review within fifteen (15) days after the department’s final decision. The request for hearing must state specific grounds why the permit should not be issued or why it should be issued with particular conditions. Department receipt of a request for a hearing postpones the ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C effective date of the department’s decision until the conclusion of the administrative appeals process. Permit renewals are subject to this rule. Rule 6.107 – Issuance or Denial of an Air Quality Permit A permit may not be issued to a new or altered source unless the applicant demonstrates that the source: can be expected to operate in compliance with: the conditions of the permit, (ii) the provisions of this Program; (iii) rules adopted under the Clean Air Act of Montana) and the FCAA.; and (iv) any applicable control strategies contained in the Montana SIP. will not cause or contribute to a violation of a Montana or NAAQS. An air quality permit for a new or altered source may be issued in an area designated as nonattainment in 40 CFR 81.327 only if the applicable SIP approved in 40 CFR Part 52, Subpart BB is being carried out for that nonattainment area. The department shall make a preliminary determination as to whether the air quality permit should be issued or denied within forty (40) days after receipt of a completed application. The department shall notify the applicant in writing of its final decision within sixty (60) days after receipt of the completed application. If the department’s final decision is to issue the air quality permit, the department may not issue the permit until: fifteen (15) days have elapsed since the final decision and no request for an administrative review has been received; or the end of the administrative review process as provided for in Chapter 14, if a request for an administrative review was received. If the department denies the issuance of an air quality permit it shall notify the applicant in writing of the reasons why the permit is being denied and advise the applicant of his or her right to request an administrative review within fifteen (15) days after receipt of the department’s notification of denial of the permit. Rule 6.108 – Revocation or Modification of an Air Quality Permit An air quality permit may be revoked for any violation of: A condition of the permit; A provision of this Program; An applicable regulation, rule or standard adopted pursuant to the FCAA; A provision of the Clean Air Act of Montana; or any applicable control strategies contained in the Montana SIP. An air quality permit may be modified for the following reasons: Changes in any applicable provisions of this Program adopted by the Control Board, or rules adopted under the Clean Air Act of Montana; ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C Changed conditions of operation at a source that do not result in an increase of emissions When the department or Control Board determines modifications are necessary to insure compliance with the provisions of this Program or an implementation plan approved by the Control Board. The department shall notify the permittee in writing of its intent to revoke or modify the permit. The permit is deemed revoked or modified in accordance with the department’s notice unless the permittee makes a written request for an administrative review within fifteen (15) days of receipt of the department’s notice. Departmental receipt of a written request initiates the appeals process outlined in Chapter 14 of this Program and postpones the effective date of the department’s decision to revoke or modify the permit until the conclusion of the administrative appeals process. Rule 6.109 – Transfer of Permit An air quality permit may not be transferred from one location to another, or from one piece of equipment to another, except as allowed in of this rule. An air quality permit may be transferred from one location to another if: written notice of intent to transfer location is sent to the department, along with 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 the statement that public comment will be accepted by the department for fifteen days after the date of publication; the source will operate in the new location for a period of less than one year; and the source is expected to operate in compliance with: this Program; (ii) the standards adopted pursuant to the Clean Air Act of Montana, including the Montana ambient air quality standards; (iii) applicable regulations and standards promulgated pursuant to the FCAA, including the NAAQS; and (iv) any control strategies contained in the Montana state implementation plan. the source has a valid city or county zoning compliance permit for the proposed use at the new location; and the source pays the transfer fee listed in Attachment A. An air quality permit may be transferred from one person to another if written notice of intent to transfer, including the names of the transferor and the transferee, is sent to the department. The department will approve or disapprove a permit transfer within 30 days after receipt of a complete notice of intent as described in or of this rule. Subchapters 2, 3, 4 – reserved Subchapter 5 – Emission Standards ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C Rule 6.501 – Emission Control Requirements For the purpose of this rule, 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 the FCAA or the Clean Air Act of Montana, that would be emitted from any proposed stationary source or modification that the department, on a case by case basis, taking into account energy, environmental, 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 may application of BACT result in emission of any pollutant that would exceed the emissions allowed by any applicable standard under Rules 6.506 or 6.507. If the department determines that technological or economic limitations on the application of measurement methodology to a particular class of sources 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 which achieve equivalent results. The owner or operator of a new or altered source for which an air quality permit is required by subchapter 1 of this Chapter shall install on that source the maximum air pollution control capability that is technically practicable and economically feasible, except that: best available control technology must be used; and the lowest achievable emission rate must be met when required by the FCAA. The owner or operator of any air pollution source for which an air quality permit is required by subchapter 1 of this Chapter shall operate all equipment to provide the maximum air pollution control for which it was designed. The department may establish emission limits on a source based on an approved state implementation plan or maintenance plan to keep emissions with in a budget. Rule 6.502 – Particulate Matter from Fuel Burning Equipment For the purpose of this rule, “new fuel burning equipment” means any fuel burning equipment constructed or installed after November 23, 1968. The following emission limits apply to solid fuel burning equipment constructed or installed with a heat input capacity from 1,000,000 BTU/hr up to and including 10,000,000 BTU/hr. These limits shall become effective when they are approved by the Montana State Board of Environmental Review. Inside the Air Stagnation Zone, solid fuel burning equipment must meet LAER and a person may not cause or allow particulate matter emissions in excess of 0.1 pounds per million BTU heat input to be discharged from any stack, opening or chimney into the atmosphere. Outside the Air Stagnation Zone, solid fuel burning equipment must meet BACT and a person may not cause or allow particulate matter emissions in excess of 0.20 lbs per million BTU heat input to be discharged from any stack, opening or chimney into the atmosphere. For devices or operations not covered in Rule 6.502(2), a person may not cause or allow particulate matter caused by the combustion of fuel to be discharged from any stack or ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C chimney into the atmosphere in excess of the hourly rates set forth in the following table: Heat Input Maximum Allowable Emissions of Particulate Matter (lbs/million BTU’s) (million BTUs/hr) Existing Fuel Burning Equipment New Fuel Burning Equipment ≤ 10 0.60 0.60 100 0.40 0.35 1,000 0.28 0.20 ≥ 10,000 0.19 0.12 For a heat input between any two consecutive heat inputs stated in the preceding table, maximum allowable emissions of particulate matter are shown for existing fuel burning equipment on Figure 1 and for new fuel burning equipment on Figure 2. For the purposes hereof, heat input is 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. When two or more fuel burning units are connected to a single stack, the combined heat input of all units connected to the stack may not exceed that allowable for the same unit connected to a single stack. This rule does not apply to: emissions from residential solid fuel combustion devices, such as fireplaces and wood and coal stoves with heat input capacities less than 1,000,000 BTU per hour; and new stationary sources subject to Rule 6.506 for which a particulate emission standard has been promulgated. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C FIGURE 1 Maximum Emission of Particulate Matter from Existing Fuel Burning Installations Total Input – Millions of BTU Per Hour FIGURE 2 Maximum Emission of Particulate Matter from New Fuel Burning Installations Total Input – Millions of BTU Per Hour Maximum Particulate Emission – Pounds Particulate Per Million BTU Heat Maximum Particulate Emission – Pounds Particulate Per Million BTU Heat Input ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C Rule 6.503 – Particulate Matter from Industrial Processes A person may not cause or allow particulate matter in excess of the amount shown in the following table to be discharged into the outdoor atmosphere from any operation, process or activity. Process (lb/hr) Weight Rate (tons/hr) Rate of Emission (lb/hr) 100 0.0 0.551 200 0.10 0.877 400 0.20 1.40 600 0.30 1.83 800 0.40 2.22 1,000 0.50 2.58 1,500 0.75 3.38 2,000 1.00 4.10 2,500 1.25 4.76 3,000 1.50 5.38 3,500 1.75 5.96 4,000 2.00 6.52 5,000 2.50 7.58 6,000 3.00 8.56 7,000 3.50 9.49 8,000 4.00 10.4 9,000 4.50 11.2 10,000 5.00 12.0 12,000 6.00 13.6 16,000 8.00 16.5 18,000 9.00 17.9 20,000 10.00 19.2 30,000 15.00 25.2 40,000 20.00 30.5 50,000 25.00 35.4 60,000 30.00 40.0 70,000 35.00 41.3 80,000 40.00 42.5 90,000 45.00 43.6 100,000 50.00 44.6 120,000 60.00 46.3 140,000 70.00 47.8 160,000 80.00 49.0 200,000 100.00 51.2 1,000,000 500.00 69.0 2,000,000 1,000.00 77.6 6,000,000 3,000.00 92.7 When the process weight rate falls between two values in the table, or exceeds 3,000 tons per hour, the maximum hourly allowable emissions of particulate are calculated using the following equations: for process weight rates up to 60,000 pounds per hour: E = 4.10 P0.67 for process weight rates in excess of 60,000 pounds per hour: ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C E = 55.0 P0.11 - 40 Where E = rate of emission in pounds per hour and P = process weight rate in tons per hour. This rule does not apply to particulate matter emitted from: the reduction cells of a primary aluminum reduction plant, those new stationary sources listed in Rule 6.506 for which a particulate emission standard has been promulgated, fuel burning equipment, and incinerators. Rule 6.504 – Visible Air Pollutants A person may not cause or allow emissions that exhibit an opacity of forty percent (40%) or greater averaged over six consecutive minutes to be discharged into the outdoor atmosphere from any source installed on or before November 23, 1968. The provisions of this rule do not apply to transfer of molten metals or emissions from transfer ladles. A person may not cause or authorize emissions to be discharged into the outdoor atmosphere from any source installed after November 23, 1968, that exhibit an opacity of twenty percent (20%) or greater averaged over six consecutive minutes. During the building of new fires, cleaning of grates, or soot blowing, the provisions of Sections and apply, except that a maximum average opacity of sixty percent (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. This rule does not apply to emissions from: wood-waste burners; incinerators; motor vehicles; those new stationary sources listed in ARM 17.8.340 for which a visible emission standard has been promulgated; or residential solid-fuel burning devices. Rule 6.505 – Fluoride Emissions A person may not cause or allow to be discharged into the outdoor atmosphere from any phosphate rock or phosphorate processing equipment or equipment used in the production of elemental phosphorous, enriched phosphates, phosphoric acid, defluorinated phosphates, phosphate fertilizers or phosphate concentrates or any equipment used in the processing of fluorides or wastewater enriched flourides, in a gaseous or particulate form or any combination of gaseous or particulate forms in excess of 0.3 pounds per ton of P2O5 (phosphorous pentoxide) introduced into the process of any calcining, nodulizing, defluorinating or acidulating process or any combination of the foregoing, or any other process, except aluminum reduction, capable of causing a release of fluorides in the form or forms indicated in this rule. Pond emissions: A person may not cause or allow fluorides in excess of 108 micrograms per square centimeter per 28 days (μg/cm2/28 days) to be released into the outdoor ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C atmosphere from any storage pond, settling basin, ditch, liquid holding tank or other liquid holding or conveying device from operations outlined in Section The concentration of fluorides is to be determined using the calcium formate paper method. Papers must be exposed in a standard Montana Box located not less than 18 inches or more than 48 inches above the level of the liquid in the devices herein enumerated and not more than 16 inches laterally from the liquid’s edge. Other locations may be permitted if approved by the department. At least four such sampling stations must be placed at locations designated by the department. Two or more calcium formate papers, as designated by the department, must be exposed in the standard Montana Box for a period designated by the department. Regardless of the duration of the sampling period, the values determined must be corrected to 28 days. A minimum of two calcium formate papers for each sampling period from each sample box must be provided to the department, if requested, within ten days from the date of the request. Preparation, exposure and analysis: Preparation of calcium formate papers: Soak Whatman 11 cm. filter papers in a 10 percent solution of calcium formate for five minutes. (ii) Dry in a forced air oven at 80oC. Remove immediately when dryness is reached. Exposure of calcium formate papers: Two papers, or more, if directed, are suspended in a standard Montana Box on separate hangers at least two inches apart. (ii) Exposure must be for 28 days + 3 days unless otherwise indicated by the department. (iii) Calcium formate papers must be kept in an air tight container both before and after exposure until the time of analysis. Analysis of calcium formate papers is adapted from Standard Methods for the Examination of Water and Waste Water; using Willard-Winter perchloric acid distillations and the Spadns-Zirconium Lake method for fluoride determination. Rule 6.506 – New Source Performance Standards For the purpose of this rule, the following definitions apply: “Administrator”, as used in 40 CFR Part 60, means the department, except in the case of those duties that cannot be delegated to the local program by the state and the EPA, in which case “administrator” means the administrator of the EPA. “Stationary source” means any building, structure, facility, or installation that emits or may emit any air pollutant subject to regulation under the Federal Clean Air Act. The terms and associated definitions specified in 40 CFR 60.2, apply to this rule, except as specified in subsection above. 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. For the purpose of this rule, the Control Board hereby adopts and incorporates by reference 40 CFR Part 60, which pertains to standards of performance for new stationary ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C sources and modifications. Rule 6.507 – Hazardous Air Pollutants For the purpose of this rule, the terms and associated definitions specified in 40 CFR 61.02 apply, except that: “Administrator”, as used in 40 CFR Part 61, means the department, except in the case of those duties that cannot be delegated to the local program by the state and the EPA in which case “administrator” means the administrator of the EPA. 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. For the purpose of this rule, the Control Board hereby adopts and incorporates by reference 40 CFR Part 61, which pertains to emission standards for hazardous air pollutants. Rule 6.508 – Hazardous Air Pollutants for Source Categories For this rule, the following definitions apply: “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”, through and is thus exempt from the requirements of 42 USC 7412(g). “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, installing building supports and foundations, laying underground pipework, and constructing permanent storage structures. “Construct a major source of HAP” means: to fabricate, erect, or install a major source of HAP; or (ii) 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 10 tons per year of any HAP or 25 tons per year of any combination of HAP, whenever: 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 it is technically and economically feasible for the reconstructed major source to meet the applicable MACT emission limitation for new sources established under 40 CFR 63 subpart B. “Greenfield site” means a contiguous area under common control that is an undeveloped site. “MACT standard” means a standard that has been promulgated pursuant to 42 USC 7412(d), or “Major source of HAP” means: at any greenfield site, a stationary source or group of stationary sources that is located within a contiguous area and under common control and emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP; or ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C (ii) at any developed site, 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. “Maximum achievable control technology” or “MACT” means the emission limitation that is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and that reflects the maximum degree of reduction in emissions that the department, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source of HAP. “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. “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. The owner or operator of any affected source, as defined and applied in 40 CFR Part 63, shall comply with the requirements of 40 CFR 63, incorporated by reference in this rule. All references in 40 CFR 63, Subpart B to “permitting authority” refer to the department. 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: the major source has been specifically regulated or exempted from regulation under a MACT standard issued pursuant to 42 USC 7412(d), or and incorporated into 40 CFR Part 63; the owner or operator of the major source has already received all necessary air quality permits for such construction as of (the effective date of this rule); or the major source has been excluded from the requirements of 42 USC 7412(g) under 40 CFR 63.40(c), or Unless granted a 112(g) exemption under 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). 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). The owner or operator of a new process or production unit that 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” through Application must be made on forms provided by the department, at least 180 days prior to beginning actual construction. The application must include such information as may be necessary to demonstrate that the process of production unit meets the criteria referenced herein. As further described below, and except as expressly modified by this rule, the procedural requirements of Chapter 6, subchapter 1 apply to an application for a notice of MACT approval or 112(g) exemption. For the purpose of this rule: all references in applicable provisions of Chapter 6, subchapter 1 to “permit”, or ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C “air quality permit” mean “notice of MACT approval” or “112(g) exemption,” as appropriate; all references in applicable provisions of Chapter 6, subchapter 1 to “new or altered source” mean “major source of HAP.” The following rules govern the application, review and final approval or denial of a notice of MACT approval or 112 exemption: Rules 5.112, 6.103(2), 6.103(4)-(7), 6.106, 6.107(1) and 6.107(6); 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. (10) A notice of MACT approval must contain the elements specified in 40 CFR 63.43(g). The notice expires 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. (11) 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. (12) If a MACT standard is promulgated before the date an applicant 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. (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 MACT standard has been promulgated. In pursuing revocation, the department shall follow the procedures specified in Rule 6.108. A revocation under this section may not become effective prior to the date an owner or operator is required to be in compliance with a MACT standard, unless the owner or operator agrees in writing otherwise. Subchapter 6 – Incinerators Rule 6.601 – Minimum Standards 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 twelve percent (12%) carbon dioxide and calculated as if no auxiliary fuel had been used. A person may not cause or authorize to be discharged into the outdoor atmosphere from any incinerator emissions that exhibit an opacity of ten percent (10%) or greater averaged over six consecutive minutes. An incinerator may not be used to burning solid or hazardous waste unless the incinerator is a multiple chamber incinerator or has a design of equal effectiveness approved by the department prior to installation or use. The department or Control Board shall place additional requirements on the design, testing, and operation of incinerators constructed after March 20, 1992. This requirement does not apply to incinerators that burn paper waste or function as a crematorium or are in compliance with Lowest Achievable Emission Rate as defined in Rule 2.101(24) for all regulated air pollutants. Rule 6.602 – Hours of Operation ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C The department may, for purposes of evaluating compliance with this rule, direct that a person may not operate or authorize the operation of any incinerator at any time other than between the hours of 8:00 AM and 5:00 PM, except that incinerators that burn only gaseous materials will not be subject to this restriction. When the operation of incinerators is prohibited by the department, the owner or operator of the incinerator shall store the solid or hazardous waste in a manner that will not create a fire hazard or arrange for the removal and disposal of the waste in a manner consistent with ARM Title 17, Chapter 50, Subchapter 5. Rule 6.603 – Performance Tests The provisions of this chapter apply to performance tests for determining emissions of particulate matter from incinerators. All performance tests must be conducted while the affected facility is operating at or above the maximum refuse charging rate at which such facility will be operated and the material burned must be representative of normal operation and under such other relevant conditions as the department shall specify based on representative performance of the affected facility. Test methods set forth in 40 CFR, Part 60, or equivalent methods approved by the department must be used. Rule 6.604 – Hazardous Waste Incinerators Effective March 20, 1992, a new permit may not be issued to incinerate hazardous wastes as listed in ARM Title 17, Chapter 54, Subchapter 3, inside the Air Stagnation Zone. Rule 6.605 – Additional Air Quality Permit Requirements In addition to the permitting requirements of Chapter 6, subchapter 1, an application for an air quality permit for a solid or hazardous waste incinerator must include the following: A human health risk assessment protocol (hereafter “protocol”) detailing the human health risk assessment procedures; and A human health risk assessment (hereafter “assessment”) that shows that ambient concentrations of pollutants from emissions constitute no more than a negligible risk to the public health, safety, and welfare and to the environment. The protocol must include, at a minimum, methods used in compiling the emission inventory, ambient dispersion models and modeling procedures used, toxicity values for each pollutant, exposure pathways and assumptions, any statistical analysis applied and any other information necessary for the department to review the adequacy of the assessment. The assessment must include, at a minimum, the following: a list of 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) from the following sources; emitting unit(s) to be permitted; (ii) existing incineration unit(s) at the facility; (iii) new or existing emitting units solely supporting any incineration unit at the facility (such as fugitive emissions from fuel storage); and (iv) existing units that partially support the incineration unit if the type or amount of any emissions under an existing permit will be changed. If an existing emitting unit, wholly or partially supporting the incineration ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C facility, increases the types or amount of its emissions, so that a permit alteration 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. a characterization of emissions and ambient concentrations of air pollutants, including hazardous air pollutants, from any existing emission source at the facility; and an assessment of impacts of all pollutants inventoried in above, except pollutants may be excluded if the department determines that exposure from inhalation is the only appropriate pathway to consider and if: the potential to emit the pollutant is less than 1.28 x 10-13 grams per second; the source has a stack height of at least 2 meters, a stack velocity of at least 0.645 meters per second, and a stack exit temperature of at least 800oF; and the stack is at least 5 meters from 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 ARM 17.8.770 (See Tables 1 and 2 in Appendix The assessment must address risks from all appropriate pathways. Incineration facilities that do not emit or emit only minute amounts of hazardous air pollutants contained in Tables 3 or 4 in Appendix C need only address impact from the inhalation exposure pathway and may use a department supplied screening model to assess human health risk. The assessment must be performed in accordance with accepted human health risk assessment practices, or state or federal guidelines in effect when the assessment is performed, and must address impacts on sensitive populations. The human health risk must be calculated using the source’s potential to emit. Enforceable limits or controls may be considered. The department may approve alternative procedures if site-specific conditions warrant. The department may impose additional requirements for the assessment, on a case-by- case basis, if the department reasonably determines 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 assessment to adequately define the potential public health impact. Additional requirements for the assessment may include, but are not limited to, specific emission inventory procedures for determining emissions from the incineration facility, requiring use of more sophisticated air dispersion models or modeling procedures and consideration of additional exposure pathways. The department shall include a summary of the protocol in the permit analysis. The summary must clearly define the scope of the assessment, must describe the exposure pathways used and must specify any pollutants identified in the emission inventory that were not required to be included in the assessment. The summary must also 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. The summary must also state that environmental effects unrelated to human health were not considered in determining compliance with the negligible risk standard, but were evaluated in determining compliance with all applicable rules or requirements requiring protection of public health, safety and welfare and the environment. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 6 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit C Subchapter7 – Wood Waste Burners Rule 6.701 – Opacity Limits A person may not cause or authorize to be discharged into the outdoor atmosphere from any wood-waste burner any emissions that exhibit an opacity of twenty percent (20%) or greater averaged over six consecutive minutes. The provisions of this section may not be exceeded for more than sixty (60) minutes in eight consecutive hours for building of fires in wood-waste burners. Rule 6.702 – Operation A thermocouple and a recording pyrometer or other temperature measurement and recording device approved by the department must be installed and maintained on each wood-waste burner. The thermocouple must be installed at a location near the center of the opening for the exit gases, or at another location approved by the department. A minimum temperature of 700oF must 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 must maintain 700oF operating temperature until the fuel feed is stopped for the day. The owner or operator of a wood-waste burner shall 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 must 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 (10) days after it is requested. Rule 6.703 – Fuels A person may not use a wood-waste burner for the burning of other than normal production process wood-waste transported to the burner by continuous flow conveying methods. Materials that cannot be disposed of through outdoor burning, as specified in Rule 7.103 and may not be burned in a wood-waste burner. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D CHAPTER 9 SOLID FUEL BURNING DEVICES Subchapter 1 – General Provisions Rule 9.101 – Intent The intent of this rule is to regulate and control the emissions of air pollutants from solid fuel burning devices in order to further the policy and purpose declared in Chapter 1. Rule 9.102 – Definitions For the purpose of this rule the following definitions apply: “Burning season” means from the first day of July through the last day of June of the following year. “Alert permit” means an emission permit issued by the department to operate a solid fuel burning device during an air pollution Alert and during periods when the air stagnation plan is not in effect. Solid fuel burning devices must meet Lowest Achievable Emission Rate to qualify for an Alert class emissions permit. “Install” means to put in position for potential use, and includes bringing a manufactured home or recreational vehicle containing a solid fuel burning device into the County. “Installation permit” means an emissions permit issued by the department to install and operate a solid fuel burning device within the County. “EPA method” means 40 CFR Part 60, Subpart AAA, Sections 60.531, 60.534, and 60.535. “Fireplace” means a solid fuel burning device with an air-to-fuel ratio of greater than thirty which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue, and a masonry or metal firebox enclosed in decorative masonry or other building materials. “New solid fuel burning device” means any solid fuel burning device installed, manufactured, or offered for sale inside the Misoula Air Stagnation Zone after July 1, 1986. or outside the Missoula Air Stagnation Zone in Missoula County. after the date the Montana Board of Environmental Review approves these regulations. “Oregon method” means Oregon Department of Environmental Quality “Standard Method for Measuring the Emissions and Efficiencies of Woodstoves”, Sections l through 8 and O.A.R. Chapter 340. Division 21 Sections 100, 130, 140, 145, 160, 161, 163, 164, 165. “Pellet stove” means a solid fuel burning device designed specifically to burn pellets or other non-fossil biomass pellets that is commercially produced, incorporates induced air flow, is installed with an automatic pellet feeder, and is a free standing room heater or fireplace insert. (10) “Solid fuel burning device” means any fireplace, fireplace insert, woodstove, wood burning heater, wood fired boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic, cooking, or heating purposes, that burns less than 1,000,000 BTU’s per hour. (11) “Sole source of heat” means one or more solid fuel burning devices that: constitute the only source of heat in a private residence for purpose of space ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D heating, or constitutes the main source of heat in a private residence where the residence is equipped with a heating system that is only minimally sufficient to keep the plumbing from freezing. (12) “Woodstove” means a wood fired appliance with a heat output of less than 40,000 BTU per hour with a closed fire chamber that maintains an air-to-fuel ratio of less than thirty during the burning of 90 percent or more of the fuel mass consumed in a low firing cycle. The low firing cycle means less than or equal to 25 percent of the maximum burn rate achieved with doors closed or the minimum burn achievable, whichever is greater. Wood fired forced air combustion furnaces that primarily heat living space, through indirect heat transfer using forced air duct work or pressurized water systems are excluded from the definition of “woodstove”. Rule 9.103 – Fuels Within Missoula County a person may not burn any material in a solid fuel burning device except uncolored newspaper, untreated wood and lumber, and products manufactured for the sole purpose of use as fuel. Products manufactured or processed for use as fuels must conform to any other applicable provision of this Program. Rule 9.104 – Non-Alert Visible Emission Standards A person owning or operating a solid fuel burning device may not cause, allow, or discharge emissions from such device that are of an opacity greater than forty (40) percent. The provisions of this section do not apply to emissions during the building of a new fire, for a period or periods aggregating no more than ten (10) minutes in any four hour period. Subchapter 2 – Permits Rule 9.201 – Swan River Watershed Exempt From Subchapter 2 Rules Subchapter 2 does not apply to the Swan River watershed of northern Missoula County (also described as those portions of Airshed 2 which lie inside Missoula County.) Rule 9.202 Permits Required for Solid Fuel Burning Devices After July 1, 1986, a person may not install or use any new solid fuel burning device in any structure within the Air Stagnation Zone without an Installation permit. Once the Montana Board of Environmental Review approves these regulations, a person may not install or use a new solid fuel burning device in any structure within Missoula County without an installation permit. Rule 9.203 – Installation Permits Inside the Air Stagnation Zone Inside the Air Stagnation Zone, the department may only issue installation permits for pellet stoves with emissions that do not exceed 1.0 gram per hour weighted average when tested in conformance with the EPA method. An installation permit expires 180 days after issuance unless a final inspection is ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D conducted or unless the department receives adequate documentation to insure the type of device, and installation are in compliance with the provisions of this Program. New solid fuel burning devices may not be installed or used with a flue damper unless the device was so equipped when tested in accordance with Rule 9.401. Rule 9.204 – Installation Permit Requirements outside the Air Stagnation Zone Outside the Missoula Air Stagnation Zone, only the following solid fuel burning devices may be installed in Missoula County: A solid fuel burning device equipped with a catalytic combustor with emissions less than or equal to 4.1 grams per hour weighted average when tested in accordance with the EPA method. A solid fuel burning device not equipped with a catalytic combustor with emissions less than or equal to 7.5 grams per hour weighted average when tested in accordance with the EPA method. A pellet stove tested at an independent lab which has: an air to fuel ratio of 35:1 or greater using EPA Method 28A; and (ii) test results using EPA Method 5H, or Method 5G corrected to 5H, that have been conducted under minimum burn conditions, (category 1 of EPA Method 28) with particulate emissions that do not exceed 4.1 grams per hour. An Outdoor Wood-Fired Hydronic Heater or Outdoor Pellet-Fired Hydronic Heater that: has had EPA Test Method 28 OWHH emission test conducted on the model line; and (ii) has been certified to meet the EPA Hydronic Heater Phase 2 Program emission limit of 0.32 pounds per million Btu heat output; and (iii) within each of the test burn rate categories, no individual test run exceeds 18 grams per hour; and (iv) the average emissions are less than or equal to 7.5 grams per hour. A solid fuel burning device with a heat input capacity between 250,000 and 1,000,000 BTU/hr that has been tested and shown to have emissions less than or equal to .9 grams per hour per 10,000 BTU heat input. Prior to approval for installation, testing methods used to determine compliance with this emission rate and sufficient documentation to show the device meets the emission requirements must be submitted to the department. Approval of the testing method is at the sole discretion of the department. (ef) A solid fuel burning device not included in or above which has been tested by an independent lab using an alternative testing method approved by the department that shows it has a particulate emission rate of less than or equal to 7.5 grams per hour. Prior to approval for installation, testing methods used to determine compliance with this emission rate and sufficient documentation to show the device meets the emission requirements must be submitted to the department. Approval of the alternative testing method is at the sole discretion of the department. An installation permit expires 180 days after issuance unless a final inspection is conducted or the department receives adequate documentation to insure the type of device and installation comply with the provisions of this program. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D New solid fuel burning devices may not be installed or used with a flue damper unless the device was so equipped when tested in accordance with Rule 9.203(1). Solid fuel burning devices approved for installation must be installed, maintained and operated in the same fashion under which they were tested. Rule 9.205 – Alert Permits Those woodstoves that have a valid alert permit issued by the department may be operated during a Stage I Air Alert subject to the opacity limitations in Rule 9.302. The department may issue a new alert permit for a pellet stove if the emissions do not exceed 1.0 gram per hour weighted average when tested in conformance with the EPA method. The department may renew an alert permit for a woodstove that has emissions that do not exceed 6.0 grams per hour weighted average when tested using the Oregon method or 5.5 grams per hour weighted average when tested using the EPA method if the original application for an alert permit was received prior to June 30, 1988 and the permit has never lapsed. The department may renew an alert permit for a woodstove that has emissions that do not exceed 4.0 grams per hour weighted average when tested using the Oregon Method or 4.1 grams per hour when tested using the EPA method if the original application for the Alert permit was received prior to October 1, 1994 and the permit has never lapsed. Before renewing an alert permit, the department may require information to determine if the woodstove is capable of meeting emission requirements. If an inspection of the appliance during operation is not allowed by the applicant, the department shall require evidence that any non-durable parts (e.g. catalytic combustor, gaskets, by-pass mechanisms) have been replaced as necessary to meet applicable emission limitations. To qualify for an alert permit or a renewal, catalyst-equipped woodstoves must be equipped with a permanent provision to accommodate a commercially available temperature sensor that can monitor combustor gas stream temperature within or immediately (within 1.0 inch or 2.5 cm) of the combustor surface. An alert permit is valid for two years for any woodstove that uses a catalyst or other nondurable part as an integral part, and five years for other devices. Rule 9.206 – Sole Source Permits A solid fuel burning device with a valid sole source permit issued by the department may be operated during Stage I Air Alerts and Stage II Warnings subject to the opacity limitations of Rule 9.302. Inside the Air Stagnation Zone the department may only issue a new sole source permit for a pellet stove that: constitutes the sole source of heat in a private residence; and emits less than 1.0 gram per hour weighted average when tested using the EPA method. Inside Zone M and outside the Air Stagnation Zone, the department may only issue a sole source permit for a solid fuel burning device that: constitutes the sole source of heat in a private residence; and was a sole source of heat prior to the Montana Board of Environmental Review's ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D approval of these regulations, or the property is not served by an electric utility. Inside the Air Stagnation Zone, the department may renew a sole source permit for a solid fuel burning device that constitutes the sole source of heat in a private residence if the solid fuel burning device is: a pellet stove that emits less than 1.0 gram per hour weighted average when tested using the EPA method; or a woodstove that has a continuously renewed sole source permit originally issued prior to July 1, 1985. In the Air Stagnation Zone, a sole source permit is not eligible for renewal when the ownership of the property is transferred from person to person. In the Air Stagnation Zone, a sole source permit is valid for one year beginning July 1st through the last day of June the following year. In Zone M but outside the Air Stagnation Zone, a sole source permit is valid until the property changes ownership or another method of heating is installed for the structure. Rule 9.207 – Special Need Permits Woodstoves with a valid special need permit issued by the department may be used during an Alert subject to the opacity limitations of Rule 9.302. A person who demonstrates an economic need to burn solid fuel for space heating purposes by qualifying for energy assistance according to economic guidelines established by the U.S. Office of Management and Budget under the Low Income Energy Assistance Program as administered in Missoula County by the District XI Human Resources Development Council, is eligible for a Special Need permit. Special need permits may be renewed providing the applicant meets the applicable need and economic guidelines at the time of application for renewal. Special need permits are issued at no cost to the applicant. A special need permit is valid for up to one year from the date it is issued. Rule 9.208 – Temporary Sole Source Permit Woodstoves with a valid temporary sole source permit may be used during Stage 1 Air Alerts and Stage 2 Warnings, subject to the opacity limitations of Rule 9.302. A person may apply for a temporary sole source permit in an emergency situation if their solid fuel burning devices do not qualify for a permit under Rule 9.204 or 9.205. An emergency situation includes, but is not limited to, the following situations: where a person demonstrates his furnace or central heating system in inoperable other than through his own actions; where the furnace or central heating system is involuntarily disconnected from its energy source by a utility or fuel supplier; or where the normal fuel or energy source is unavailable for any reason. The department may issue a temporary permit if it finds that: the emissions proposed to occur do not constitute a danger to public health or safety; ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D compliance with the air stagnation plan and Rule 9.302(1) would produce hardship without equal or greater benefits to the public; and compliance with the air stagnation plan and Rule 9.302(1) would create unreasonable economic hardship to the applicant or render the residence as equipped severely uncomfortable for human habitation, or cause damage to the building or its mechanical or plumbing systems. The department may place conditions on a temporary permit to insure that the permittee is in compliance with the Program when the permit expires. The department shall arrange for an applicant interview to be conducted within five working days of receipt of a written request for a temporary permit and shall render its decision within ten (10) working days of receipt of the written request. Application to and denial by the department for a temporary permit does not prevent the applicant from applying to the Control Board for a variance under the appropriate provisions of this Program. A temporary permit issued pursuant to this section is valid for a period determined by the department, but may not exceed one year and is not renewable. Rule 9.209 – Permit Applications The department shall issue a permit pursuant to the regulations of this chapter when the applicant has submitted information, on forms supplied by the department, which indicates compliance with this chapter, local building codes, and other applicable provisions of this Program. The department shall decide whether to issue a permit or permit renewal within ten (10) working days after receiving an application. Rule 9.210 – Revocation or Modification of Permit A permit issued under this chapter may be revoked for a violation of: A condition of the permit; A provision of this Program; An applicable regulation, rule or standard adopted pursuant to the FCAA; or A provision of the Clean Air Act of Montana. A permit issued under this chapter may be modified for the following reasons: Changes in an applicable provision of this Program adopted by the Control Board, or rules adopted under the Clean Air Act of Montana; When the department or Control Board determines modifications are necessary to insure compliance with the provisions of this Program or an implementation plan approved by the Control Board. The department shall notify the permittee in writing of its intent to revoke or modify the permit. The department’s decision to revoke or modify a permit becomes final unless the permittee requests, in writing, an administrative review within fifteen (15) days after receipt of the department’s notice. Departmental receipt of a written request for a review initiates the department’s appeal process outlined in Chapter 14 of this Program and postpones the effective date of the of the department’s decision until the conclusion of the administrative appeals process. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D Rule 9.211 – Transfer of Permit A permit issued under this chapter may not be transferred from one location to another or from one solid fuel burning device to another. A permit may not be transferred from one person to another, unless re-issued by the department. Subchapter 3 – Alert and Warning Requirements Rule 9.301 – Applicability The regulations of Subchapter 3 apply within the Missoula Air Stagnation Zone and Impact Zone M. Rule 9. 302– Prohibition of Visible Emissions during Air Pollution Alerts and Warnings Within the Air Stagnation Zone, a person owning, operating or in control of a solid fuel burning device may not cause, allow, or discharge any visible emission from such device during an air pollution Alert declared by the department pursuant to Rule 4.104 unless a sole source permit, a Temporary Sole Source permit, a special need permit, or an Alert permit has been issued for such device pursuant to this chapter. Within the Air Stagnation Zone, a person owning, operating or in control of a solid fuel burning device for which a sole source permit or special need permit has been issued may not cause, allow, or discharge any emissions from such device that are of an opacity greater than twenty (20) percent during an air pollution Alert declared by the department pursuant to Rule 4.104. The provisions of this paragraph do not apply to emissions during the building of a new fire or for refueling for a period or periods aggregating no more than ten (10) minutes in any four hour period. Within the Air Stagnation Zone, a person owning, operating, or in control of a solid fuel burning device for which an Alert class permit has been issued may not cause, allow, or discharge any emissions from such device that are of an opacity greater than ten (10) percent during an air pollution Alert declared by the department pursuant to Rule 4.104. The provisions of this subsection do not apply to emissions during the building of a new fire, or for refueling for a period or periods aggregating no more than ten (10) minutes in any four hour period. When declaring a Stage 1 Air Alert, the department shall take reasonable steps to publicize that information and to make it reasonably available to the public at least three hours before initiating any enforcement action for a violation of this section. Every person operating or in control of a solid fuel burning device within the Air Stagnation Zone has a duty to know when an air pollution Alert has been declared by the department. Within Impact Zone M, a person owning, operating, or in control of a solid fuel burning device may not cause, allow, or discharge any visible emissions from such device during an air pollution Warning declared by the department pursuant to Rule 4.104 unless such device has a sole source permit or a temporary sole source permit. Within Impact Zone M, a person owning, operating or in control of a solid fuel burning device for which a sole source permit has been issued may not cause, allow, or discharge any emissions from such device that are of an opacity greater than twenty (20) percent during an air pollution Warning declared by the department pursuant to Rule 4.104. The provisions of this paragraph do not apply to emissions during the building of a new fire, for a period or periods aggregating no more than ten (10) minutes in any four hour period. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D Subchapter 4 – Emissions Certification Rule 9.401 – Emissions Certification The Control Board hereby adopts the Oregon method for the sole purpose of establishing an uniform procedure to evaluate the emissions and efficiencies of woodstoves for compliance with the emission limitation imposed in Rules 9.202 and 9.204. Beginning January 1, 1988 the department shall also use the EPA method for the purpose of establishing a uniform procedure to evaluate the emissions and efficiencies of woodstoves. Devices exempted from the definition of “woodstove” listed in the Oregon method or “wood heater” listed in the EPA method may not be issued an Alert class or Installation class emissions certification unless tested to either method using modifications in the test procedure approved by the department. The department shall accept as evidence of compliance with the emission limitation imposed in Rules 9.204, 9.204 and 9.501, labels affixed to the stove in compliance with OAR 340-21-150, 40 CFR Part 60, Subpart AAA, Section 60.536, or documentation that, in the opinion of the department, is sufficient to substantiate that the specific model, design, and specifications of the stove meet standards specified in Rules 9.202, 9.204 and 9.501. Rule 9.402 – Sale of New Solid Fuel Burning Devices In the Air Stagnation Zone, a person may not sell or offer for sale a new solid fuel burning device that cannot be legally installed within the Air Stagnation Zone without labeling as follows: A clearly visible, legible label must be placed on each device offered for sale; The label must state, “It is illegal to install this device within the Air Stagnation Zone. Call the Missoula City-County Health Department (phone for more information”; and The lettering on the label must be in block letters no less than 20-point bold type, in a tone contrasting with the background. Subchapter 5 – Solid Fuel Burning Device Removal Program Rule 9.501 – Removal of Solid Fuel Burning Devices Upon Sale of the Property. After October 1, 1994, in the Air Stagnation Zone, all solid fuel burning devices contained on property to be sold must be removed from the property or rendered permanently inoperable unless they meet the emissions requirements listed in Section of this rule. The following solid fuel burning devices may remain on a property in the Air Stagnation Zone to be sold: Woodstoves or Pellet Stoves installed with a valid permit if the emissions do not exceed: 6.0 grams per hour weighted average when tested in conformance with the Oregon Method; or (ii) 5.5 grams per hour weighted average when tested in conformance with the EPA Method. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 9 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit D Commercially manufactured pellet stoves: that have not been tested, but were installed prior to October 1, 1994; or (ii) with emissions that do not exceed 1.0 grams per hour when tested in conformance with the EPA Method. Fireplaces meeting the definition of Rule 9.102(6). Wood-fired, forced-air combustion furnaces that primarily heat living space, through indirect heat transfer using forced air duct work or pressurized water systems. Within the Air Stagnation Zone, it is unlawful for any person to complete, or allow the completion of the sale, transfer or conveyance of any real property unless a Certificate of Compliance is filed with the Missoula County Clerk and Recorders Office. Until July 1, 2001, a Certificate of Compliance is valid until the real property is transferred or conveyed to a new owner. At that time, another Certificate must be filed. After July 1, 2001, once a Certificate of Compliance has been filed for a property, another certificate is not needed if the number and type of stoves on the real property matches what is on file at the department. The department shall list properties with Certificates of Compliance on the internet. A copy of the list must be available at the department for inspection. The Certificate of Compliance must state that either: there are no solid fuel burning devices on the property; or any solid fuel burning devices on the property meet the requirements of Section above. The Certificate of Compliance must be in a format specified by the department and must be signed by the seller(s), the buyer(s), the real estate agent(s) of the seller(s), and if any solid fuel burning devices will remain on the property, a certified inspector must sign the certificate. City Building Department inspectors and persons certified by the department to inspect and certify that solid fuel burning devices on the real property meet the criteria described by these regulations shall sign and submit a Certificate of Compliance to the Missoula County Clerk and Recorders Office. The Certificate of Compliance does not constitute a warranty or guarantee by the department or certified inspectors that the Solid Fuel Burning Device on the property meets any other standards of operation, efficiency or safety, except the emission standards contained in these regulations. Subchapter 6 – Contingency Measures Rule 9.601 – Contingency Measures listed below in this subchapter go into affect if the non-attainment area fails to attain the NAAQS or to make reasonable progress in reducing emissions (see Chapter Rule 9.302(1) is modified to delete Alert class permitted devices, and Rules 9.302(3) and 9.205(1) are void. All portions of this chapter that allow Alert permits to burn during alerts or warnings are hereby rescinded. ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit E CHAPTER 14 ENFORCEMENT AND ADMINISTRATIVE PROCEDURES Rule 14.101 - Notice of Violation Whenever the department determines that there are reasonable grounds to believe that a violation of any provision of this Program or a condition or limitation imposed by a permit issued by the department has occurred, the department may issue a written notice to be served personally or by registered or certified mail on the alleged violator or his agent. This notice must specify the provision of the Program or permit condition alleged to have been violated and the facts alleged to constitute the violation. If the department issues a Notice of Violation to a person for a first violation of any provision of Chapter 9 (Solid Fuel Burning Devices) during any one burning season, as defined in that Chapter, the department shall provide such person with a summary of the regulations that affect solid fuel burning devices. Rule 14.102 - Order to Take Corrective Action A Notice of Violation may include an Order to Take Corrective Action within a reasonable period of time stated in the order. The order may: require the production of information and records; may prescribe the date by which the violation must cease; and may prescribe time limits for particular actions in preventing, abating, or controlling the emissions. The order becomes final unless, within twenty (20) days after the Notice and Order is received, the person named requests in writing an administrative review as provided for in Rule 14.106. Rule 14.103 - Appearance Before the Control Board The department or the Control Board may require alleged violators of this Program to appear before the Control Board for a hearing at a time and place specified in the notice. Rule 14.104 - Other Remedies Action under this Chapter does not bar enforcement of this Program by injunction, seeking penalties or other appropriate remedy. Nothing in this Chapter may be construed to require a hearing prior to the issuance of an emergency order pursuant to Chapter 4 of this Program. When applicable, the emergency procedures of the Missoula County Air Stagnation Plan, Chapter 4 supersede the provisions of this Chapter. Rule 14.105 - Credible Evidence For the purpose of establishing compliance with this Program or establishing whether a person has violated or is in violation of any standard or limitation adopted pursuant to this Program or Title 17, Chapter 8 of the Montana Code Annotated, nothing in these rules precludes the use, including the exclusive use, of any relevant evidence. Rule 14.106 - Administrative Review A person subject to a Notice of Violation or Order to Take Corrective Action or an action ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit E by the department that revokes, suspends or modifies a permit issued under the authority of this Program may request an administrative review by the Health Officer or his or her designee (Hearing Officer). A person that is adversely affected by the department’s decision to deny, modify or issue a permit may request an administrative review by the Health Officer or his or her designee. A request for an administrative review must be received with fifteen (15) days of the departments final decision to issue a permit, except as otherwise provided for in this Program. The request for an administrative review must state in writing specific grounds for not issuing the permit or for modifying the permit. A request for an administrative review does not suspend or delay the department’s notice, order or permit action, except as otherwise provided for in this Program. The Hearing Officer shall schedule a review within ten (10) days after receipt of the request. The review may be scheduled beyond ten days after receipt of the request by mutual consent of the department and the party requesting the review. The Hearing Officer shall provide written or verbal notice to the person requesting the review of the date, time and location of the scheduled hearing. The Hearing Officer may continue the administrative review for a reasonable period following the hearing to obtain information necessary to make a decision. The Hearing Officer shall affirm, modify, or revoke the Notice of Violation, Order to Take Corrective Action, or permitting action, in writing, following the completion of the administrative review. A copy of this decision must be sent by certified mail or hand delivered to the person who requested the review. Rule 14.107 - Control Board Hearings Any person subject to an Order to Take Corrective Action or an action by the department that revokes, suspends or modifies a permit issued under the authority of this Program may request a hearing before the Control Board following the conclusion of an administrative review. The Control Board shall schedule a hearing within sixty (60) days after receipt of a written request and shall notify the applicant of that hearing. The Control Board may and on application by a party shall compel the attendance of witnesses and the production of evidence on behalf of the parties. Public hearings must proceed in the following order: first, the department shall present a staff report, if any. second, the person who requested the hearing shall present relevant evidence to the Board; and third, the Board shall hear any person in support of or in opposition to the issue being heard and shall accept any related letters, documents or materials. After a hearing regarding an Order to Take Corrective Action, the Control Board shall issue a final decision that affirms, modifies or rescinds the department’s Order to Take Corrective Action. In addition, the Control Board may issue an appropriate order for the prevention, abatement or control of the emissions involved. After a hearing regarding a permitting action, the Control Board shall issue, deny, modify, ---PAGE BREAK--- Missoula City-County Air Pollution Control Program Chapter 2 Adopted by the Air Pollution Control Board September 17, 2009 Exhibit E suspend or revoke the permit within 30 days following the conclusion of the hearing. A person aggrieved by an order of the Control Board may apply for rehearing upon one or more of the following grounds and upon no other grounds: the Control Board acted without or in excess of its powers; the order was procured by fraud; the order is contrary to the evidence; the applicant has discovered new evidence, material to him which he could not with reasonable diligence have discovered and produced at the hearing; or competent evidence was excluded to the prejudice of the applicant. The petition for a rehearing must be filed with the Control Board within thirty (30) days of the date of the Control Board’s order. Rule 14.108 - Judicial Review Within thirty (30) days after the application for rehearing is denied, or if the application is granted, within thirty (30) days after the decision on the rehearing, a party aggrieved thereby may appeal to the Fourth Judicial District Court. The appeal shall be taken by serving a written notice of appeal upon the chair of the Control Board, which service shall be made by the delivery of a copy of the notice to the chair and by filing the original with the Clerk of Court of the Fourth Judicial District. Immediately after service upon the Control Board, the Control Board shall certify to the District Court the entire record and proceedings, including all testimony and evidence taken by the Control Board. Immediately upon receiving the certified record, the District Court shall fix a day for filing of briefs and hearing arguments on the cause and shall cause a notice of the same to be served upon the Control Board and the appellant. The District Court shall hear and decide the cause upon the record of the Control Board. The District Court shall determine whether the Control Board regularly pursued its authority, whether the findings of the Control Board were supported by substantial competent evidence, and whether the Control Board made errors of law prejudicial to the appellant. Either the Control Board or the person aggrieved may appeal from the decision of the District Court to the Supreme Court. The proceedings before the Supreme Court are limited to a review of the record of the hearing before the Control Board and of the district court’s review of the record.