2024-20997. Air Plan Approval; Montana; Missoula, Montana, Air Rule Revisions

Table 1—Summary of Revisions to the Missoula City-County Air Pollution Control Program, Proposed for Approval

Revisions to the Missoula City-County Air Pollution Control Program (MCCAPC) 1
MCCAPC chapter	MCCAPC rule(s): description of revision(s)	EPA proposal
Chapter 1: Program Authority and Administration	1.105(5): Grammatical correction	A
Chapter 2: Definitions	2.101(22): Update hazardous waste definition, consistency with state rule	A
	2.101(23): Removes Flathead Reservation from Impact Zone M definition (no MCCAC program jurisdiction on Flathead Reservation)
	2.101(49): Grammatical correction
Chapter 3: Failure to Attain Standards	3.101: Corrected wording	A
	3.103: Reference correction
Chapter 4: Missoula County, Air Stagnation and Emergency Episode Avoidance Plan	4.104(1-4): Formatting and spelling correction 4.108(1): Grammatical correction 4.108(2)(a): Corrected wording	A
	4.108(2)(d): Rule addition, requires recreational fires to comply with Chapter 7 applicable requirements and restrict fires in certain areas during air alerts
	4.109(2)(d): Rule addition, requires recreational fires to comply with Chapter 7 applicable requirements and restrict fires in certain areas during air warnings
	4.109(4): Formatting correction
	4.113: Grammatical correction
Chapter 5: General Provisions	5.108(1): MCCAPC board fee change clarification	A
	5.108(2): Removes extraneous content
	5.111(1): Adds Montana state requirements for local air program rules into MCCAPC rules
	5.111(2): Revision to create consistency with rule 5.111(1)
Chapter 6: Standards for Stationary (Industrial) Sources	6.103(4): Revision allows for up to two, 12-month extensions on air quality permit when construction, installation or alteration was not completed within 36 months of initial issuance of air quality permit	A
	6.107(1): Punctuation correction
	6.505(2): Formatting correction
	6.604: Correction for consistency with state rules
Chapter 7: Outdoor Burning	7.101(1-13): Renumbering to 7.101(3-15)	A
	7.101(1): Definition added for air curtain burners
	7.101(2): Definition added for air curtain destructors
	7.101(4): Removes references to outdoor burning hotline, department outdoor burning restrictions requirement remains
	7.101(11): Clarification that recreational fires burning gaseous fuel are not considered outdoor burning
	7.101(13): Punctuation correction
	7.102(1): Pronoun correction
	7.104(1): Removes wildland burning from year-round activities list and updates letters for consistency with the removal of point (a)
	7.104(4): Clarification and specification when prescribed woodland burning can be done
	7.104(5): Renumbering
	7.105(1): Formatting correction
	7.105(2): Removes redundant language
	7.105(3): Replaces outdoor burning hotline as departmental mechanism to announce burn restrictions with the departmental website
	7.106(2)(b): Language update
	7.107(3)(c): Removes reference to outdoor burn hotline
	7.107(6): Specifies process major burners may use to conduct wildland outdoor burning, includes requirement for written request to department in winter months
	7.110(1)(d): Revision allows for outdoor burning of natural vegetation generated offsite to be granted a conditional outdoor burning permit if burning occurs with temporary use of air curtain burner or air curtain destructor
	7.110(2)(c): Revision allows for exception for conditional outdoor burning permits to be issued inside the air stagnation zone if the burning takes place with an air curtain burner or air curtain destructor
	7.110(6)(c): Revision specifies that permits issued under rule for natural vegetation burning in air curtain burner or air curtain destructor is valid for up to one year
	7.116: Rule added to limit recreational fires during air pollution alerts, warnings, emergencies and crises
Chapter 8: Fugitive Particulate	8.203(3)(b-c): Reference correction	A
	8.203(3)(e): Removal of an extra word
	8.208(1): Revision allows health department to approve alternative areas for paving the same size and usage as an area required to be paved by other sections of chapter 8
Chapter 9: Solid Fuel Burning Devices (Wood Burning Stoves)	9.102(3): Defines `central heater' 9.102(6): Revision changes `EPA method' definition to include all parts of subpart AAA and adds 40 CFR part 60, subpart QQQQ	A
( print page 76015)
	9.102(10): Addition of Seeley Lake Wood Stove Zone definition
	9.102(11): Addition of word `disposal' to solid fuel burning device definition
	9.102(4-10): Renumbering
	9.102(12-14): Renumbering
	9.201(1): Word addition for clarification
	9.203(1): Addition that wood pellet boilers can be installed in air stagnation zone
	9.203(2): Spelling correction
	9.204: Addition of rules that specifies which solid fuel burning devices may be installed in the Seeley Lake Wood Stove Zone
	9.205: Renumbered rule, updated for consistency with 2015 New Source Performance Standards for wood stoves, does not apply to new solid fuel burning devices installed in the Missoula air stagnation zone and, or the Seeley Lake Wood Stove Zone
	9.205(4): Edited for clarification
	9.206-9.212: Renumbering
	9.207(3): Word addition for clarification
	9.207(7): Word addition for clarification
	9.401(3): Update to list of applicable rules
	9.501(1): Revision requires removal of solid fuels burning devices when property is sold, transferred or conveyed, applies to inherited property and other changes of ownership
	9.501(2): Revision replaces word `sold' with words `sold, transferred or conveyed', removes grandfathering of class I wood stoves installed between 1986 and 1994
	9.501(3-8): Deleted, form no longer required when property is sold, transferred or conveyed in the Missoula air stagnation zone
	9.601: Grammatical correction
Chapter 10: Fuels 2		N
Chapter 13: Variances	13.104: Spelling correction	A
Chapter 14: Enforcement and Administrative Procedures	14.107(1): Revision specifics 15-day time limit for hearing request of control board if there is a disagreement on administrative conclusion, decision
	14.107(2): Spelling correction	A
1  See Montana January 30, 2024, submittal, pp. 145-148 for additional detail on rule revision descriptions.
2  The EPA will not be acting on the rules submitted for revision in MCCAPC Chapter 10: Fuels and is proposing to act on revisions in Chapter 10 of the MCCACP rules in a separate action. See Montana January 30, 2024, submittal, pp. 147-148 for additional detail on Chapter 10 rule revision descriptions.