New Facilities
The Air Quality Bureau at Montana DEQ has both permitting and registration programs for industry in Montana. Registration programs in Montana are available for facilities including oil and gas, crushers and screens, concrete batch plants, and asphalt plants. All other industry would fall under our permitting program. Click below to find more information about new permitting and registration sources, including what is required, how to apply, and if renewal is necessary.
Introduction
Any source with the potential to emit regulated pollutants above the following threshold levels is required to submit an application:
- Any source emitting more than 5 ton/year of lead (Pb) or 25 tons/year or any other pollutant; OR
- An incinerator of any kind
Any source with the potential to emit regulated pollutants above the following threshold levels is required to submit a Title V permit application.
- A source that has the Potential To Emit (PTE)>100 tpy of any criteria pollutant, which include sulfur dioxide, oxides of nitrogen, volatile organic compounds, particulate matter 2.5, particulate matter 10 , carbon monoxide
- PTE>10 tpy of any individual hazardous air pollutant (HAP) or
- PTE>25 tpy of combined HAPs
- When required by other applicable regulations (For example, NSPS or MACT).
Montana Air Quality Permits (MAQPs)
Some general guidance for minor source operation is described below.
If you have questions, please call 406-444-3490
Any source with the potential to emit regulated pollutants above the following threshold levels is required to submit an application:
- Any source emitting more than 5 ton/year of lead (Pb) or 25 tons/year or any other pollutant; OR
- An incinerator of any kind
You must apply for, and receive an MAQP prior to construction of a facility or modification at an existing facility.
- Complete the application form for a stationary source.
- As part of the permit application, a public notice must be posted in a newspaper of local circulation. An affidavit of this notice must be provided as part of the application.
- Submit appropriate fee.
The cost of an MAQP depends on the source type. Find the appropriate application fee here.
75 to 90 days upon complete application. The timeline for the 75 day process is shown here. The timeline for the 90 day process is shown here.
MAQPs do not expire. For changes to a facility with an existing MAQP, see the Existing Facility page.
Title V Sources
Some general guidance for Title V sources is described below.
If you have questions, please call 406-444-3490
Operating permits are issued for those facilities that fall under the Title V program. A Title V Operating Permit contains all applicable air pollution requirements including emission limits, operational restrictions, monitoring, testing and reporting requirements.
Below is a list of what Title V permits do not cover.
- Permits do not and can not add new emission limitations
- Permits do not and can not change existing emission limitations
- Determinations made in the preconstruction permit process are not up for re-approval during the operating permit process
- National ambient air quality standards (NAAQS) are not considered applicable requirements in the operating permits
Any source with the potential to emit regulated pollutants above the following threshold levels is required to submit a Title V permit application.
- A source that has the Potential To Emit (PTE)>100 tpy of any criteria pollutant, which include sulfur dioxide, oxides of nitrogen, volatile organic compounds, particulate matter 2.5, particulate matter 10 , carbon monoxide
- PTE>10 tpy of any individual hazardous air pollutant (HAP) or
- PTE>25 tpy of combined HAPs
- When required by other applicable regulations (For example, NSPS or MACT).
- Complete the Title V operating permit application:
- Send each completed application to: DEQ-ARMB-Admin@mt.gov
- Title V Operating permit applications are due within 1 year of the commencement of operation.
- Permits take no less than 110 days to become effective
- Permits are issued draft for a 30 day public comment period
- Permits are issued proposed for a 45 day EPA review period
- Permits are issued as Date of Decision for the 30 day appeal period to the Montana Board of Environmental Review
- Permits are then final and effective in the State of Montana
- EPA has an appeal period of 60 days beginning at the end of EPA’s 45 day
Find the applicable Title V application or renewal fee here.
Title V Operating Permit renewal is required every 5 years.
PSD Sources
This section is under construction. Please check call 406-444-3490 or check back later for more information about our PSD program
Introduction
Click on the source category on the left to find common questions for new registered facilities. Here you will find required forms, guidance information, and frequently asked questions. If you can't find what you need please call us at 406-444-3490.
Oil and Gas
Owners or operators may construct, install or use equipment necessary to complete or operate an oil or gas well facility without a Montana Air Quality Permit (MAQP) in accordance with Administrative Rules of Montana (ARM) Title 17, Chapter 8, Subchapter 16, Emission Control Requirements for Oil and Gas Well Facilities Prior to Issuance of a MAQP. The owner or operator must apply for a MAQP, or register the facility in lieu of applying for a MAQP, within 60 days after the initial well completion date. Information about the registration process is described below.
If you have questions, please call 406-444-3490
The registration program contains all applicable registration requirements, including operating, emission control, inspection, repair and record keeping requirements. The registration process and information can be found in ARM 17.8 Subchapter 17, Registration of Air Contaminant Sources. The registration program is specifically for minor source oil or gas well facilities, which produce oil and/or natural gas. If a facility can’t comply with the requirements of the registration program they must apply for a MAQP in accordance with ARM 17.8 Subchapter 7, Permit, Construction and Operation of Air Contaminant Sources.
The following requirements must be met for an oil or gas well facility to be eligible for registration.
- Must meet the definition of an Oil or Gas well facility contained in Montana Code Annotated (MCA) Title 75, Chapter 2, Part 1, General Provisions and Administration
- Must be a minor source oil or gas well facility.
Refer to the Oil and Gas PTE Guidance for clarification when calculating an oil or gas well facility’s PTE if desired.
There is no requirement to register a registration eligible facility in lieu of obtaining a MAQP, you may choose one or the other based on the owner’s preference.
An application for a MAQP (ARM 17.8.7) or submittal of a registration form (ARM 17.8.17) must be received within 60 days after the initial well completion date. Owners or operators who comply with the requirements of ARM 17.8.16 may construct, install or use equipment necessary to complete or operate an oil or gas well facility without a MAQP until the department’s decision on the application is final, or the facility is registered in lieu of obtaining a MAQP.
For a new registration the cost is $500, due at the time the registration is submitted to the Department.
- A registration form must be submitted within 60 days of initial well completion.
- A facility is considered registered upon Department receipt of a complete registration form. A registration form is not complete until the registration fee is received by the Department.
- The Department will acknowledge receipt of the registration within 30 days and may communicate any concerns regarding the registration content or request additional information as necessary.
Registrations do not expire, there is no requirement for renewal.
Crushers and Screens
All nonmetallic mineral crushing and screening facilities meeting the applicability requirements of ARM 17.8.1802, including those facilities previously covered under a Montana Air Quality Permit, are required to register in accordance with the Administrative Rules of Montana (ARM) Title 17, Chapter 8, Subchapter 18 – Standards and Requirements for Sand and Gravel, Concrete, and Asphalt. Click here to read the registration rules. The information below includes all applicable forms and guidance documents to help you register. If you have questions, please call 406-444-3490.
A crushing and screening plant, also known as a nonmetallic mineral processing plant (NMMPP), is eligible for registration if:
- Equipment is used to crush, grind, or screen nonmetallic minerals
- Annual production at any one location does not exceed 8,000,000 tons as a rolling 12-month total.
Yes. This registration program takes the place of individual permits for eligible facilities. All facilities that are eligible to register are required to do so.
To register, the owner or operator of an existing or new NMMPP must:
- You are considered registered upon the Department’s receipt of the complete registration (including appropriate fees, if required). This is the “registration date.”
- You may not operate for the first 15 days after the registration date.
- Within 15 days after the registration date, the Department will publish acknowledgement of the registration, including registration date and the location(s) provided in Attachment A on the Public Engagement website at deq.mt.gov/air/publicengagement
- 15 days after the registration date, you may operate.
Registrations do not expire, there is no requirement for renewal.
- If registering on or before December 31, 2019, no registration fee is required. After that date, a registration fee may be due to the Department at the time of registration and registered facilities may be charged annual operating fees.
- The Department is currently developing a fee structure to cover the costs of administering this program that may include registration fees and/or annual operating fees. The fee structure will be developed in 2019 and all registered facilities will be notified of upcoming fee requirements.
At the time of registration, you must identify whether you plan to stay at a given location for less than 12 months (considered a “temporary” location) or longer than 12 months (considered a “permanent” location). You may not stay at a temporary location for longer than 12 months unless you notify the department in advance that you are changing the designation from temporary to permanent. Additional limits on engine horsepower-hours become applicable at permanent locations.
Concrete Batch
All Concrete Batch Plant facilities meeting the applicability requirements of ARM 17.8.1802, including those facilities previously covered under a Montana Air Quality Permit, are required to register in accordance with the Administrative Rules of Montana (ARM) Title 17, Chapter 8, Subchapter 18 – Standards and Requirements for Sand and Gravel, Concrete, and Asphalt. Click here to read the registration rules. The information below includes all applicable forms and guidance documents to help you register. If you have questions, please call 406-444-3490.
A Concrete Batch Plant is eligible for registration if:
- A stationary or portable facility is used to combine various ingredients, such as sand, water, aggregate, fly ash, potash, cement, and cement additives, to form concrete
- Annual production at any one location does not exceed 1,000,000 cubic yards as a rolling 12-month total.
Yes. This registration program takes the place of individual permits for eligible facilities. All facilities that are eligible to register are required to do so instead of applying for and obtaining a MAQP.
To register, the owner or operator of an existing or new concrete batch plant must:
- You are considered registered upon the Department’s receipt of the complete registration (including appropriate fees, if required). This is the “registration date.”
- You may not operate for the first 15 days after the registration date.
- Within 15 days after the registration date, the Department will publish acknowledgement of the registration, including registration date and the location(s) provided in Attachment A on the Public Engagement website at deq.mt.gov/air/publicengagement
- 15 days after the registration date, you may operate.
Registrations do not expire, there is no requirement for renewal.
- If registering on or before December 31, 2019, no registration fee is required. After that date, a registration fee may be due to the Department at the time of registration and registered facilities may be charged annual operating fees.
- The Department is currently developing a fee structure to cover the costs of administering this program that may include registration fees and/or annual operating fees. The fee structure will be developed in 2019 and all registered facilities will be notified of upcoming fee requirements.
At the time of registration, you must identify whether you plan to stay at a given location for less than 12 months (considered a “temporary” location) or longer than 12 months (considered a “permanent” location). You may not stay at a temporary location for longer than 12 months unless you notify the department in advance that you are changing the designation from temporary to permanent. Additional limits on engine horsepower-hours become applicable at permanent locations.
Asphalt Plants
All Asphalt Plant facilities meeting the applicability criteria of ARM 17.8.1802, including those facilities previously covered under a Montana Air Quality Permit, are required to register in accordance with the Administrative Rules of Montana (ARM) Title 17, Chapter 8, Subchapter 18 – Standards and Requirements for Sand and Gravel, Concrete, and Asphalt. Click here to read the registration rules. The information below includes all applicable forms and guidance documents to help you register. If you have questions, please call 406-444-3490.
An Asphalt Plant is eligible for registration if:
- A stationary or portable facility is used to manufacture asphalt by heating and drying aggregate and mixing it with asphalt cement.
- Allowable dryer fuels are natural gas, propane, distillate fuel, waste oil, diesel, or biodiesel.
- Both batch mix and drum mix asphalt plants do not exceed the following production limits:
- A batch mix asphalt plant must have annual production at any one location of less than 324,000 tons as a rolling 12-month total.
- A drum mix asphalt plant must have annual production at any one location of less than 996,000 tons as a rolling 12-month total.
Yes. This registration program takes the place of individual permits for eligible facilities. All facilities that are eligible to register are required to do so instead of applying for and obtaining a MAQP.
To register, the owner or operator of an existing or new asphalt plant must:
- You are considered registered upon the Department’s receipt of the complete registration (including appropriate fees, if required). This is the “registration date.”
- You may not operate for the first 15 days after the registration date.
- Within 15 days after the registration date, the Department will publish acknowledgement of the registration, including registration date and the location(s) provided in Attachment A on the Public Engagement website at deq.mt.gov/air/publicengagement
- 15 days after the registration date, you may operate.
Registrations do not expire, there is no requirement for renewal.
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- If registering on or before December 31, 2019, no registration fee is required. After that date, a registration fee may be due to the Department at the time of registration and registered facilities may be charged annual operating fees.
- The Department is currently developing a fee structure to cover the costs of administering this program that may include registration fees and/or annual operating fees. The fee structure will be developed in 2019 and all registered facilities will be notified of upcoming fee requirements.
At the time of registration, you must identify whether you plan to stay at a given location for less than 12 months (considered a “temporary” location) or longer than 12 months (considered a “permanent” location). You may not stay at a temporary location for longer than 12 months unless you notify the department in advance that you are changing the designation from temporary to permanent. Additional limits on engine horsepower-hours become applicable at permanent locations.