Montana New Source Review regulations & environmental compliance analysis

Montana New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Administrative Rules of Montana (ARM) 17.8.740 to 17.8.770

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Nonattainment New Source Review (NSR): 40 CFR 52.1370 and ARM 17.8.901 to 17.8.906

Applicability: ARM 17.8.901 and ARM 17.8.904

Permitting requirements: ARM 17.8.905

Nonattainment areas: 40 CFR 81.327

Prevention of Significant Deterioration (PSD): ARM 17.8.801 to 17.8.828 and 40 CFR 52.1382

Applicability: ARM 17.8.801 and ARM 17.8.818

Permit requirements: ARM 17.8.818 to 17.8.824

Action on the application: ARM 17.8.826

Class I areas: 40 CFR 81.417, ARM 17.8.806, and ARM 17.8.825

Nonattainment area impact: ARM 17.8.1001 to 17.8.1007

Visibility Impact Assessment: ARM 17.8.1101 to 17.8.1111

Regulatory Agency

Montana Department of Environmental Quality (DEQ) Permitting and Compliance Division Air Resources Management Bureau

U.S. Environmental Protection Agency Region 8

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Montana requires any new or modified source of air contaminants to secure an air quality permit to construct, unless specifically excluded. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted.

Montana currently has several counties that are in nonattainment with one or more of the National Ambient Air Quality Standards (NAAQS). The provisions of nonattainment NSR apply to new major sources or major modifications in those areas, while PSD requirements apply to attainment areas. Montana ...

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