1. (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following:

   1. (a) 40 CFR 70.3, pertaining to those sources and source categories designated by the administrator as requiring an operating permit pursuant to Title V of the FCAA;
   2. (b) 40 CFR Part 72, pertaining to the operating permit requirements for acid rain sources subject to Title IV of the FCAA;
   3. (c) 40 CFR Part 75, pertaining to the continuous emission monitoring requirements for acid rain sources subject to Title IV of the FCAA and sources subject to mercury monitoring requirements;
   4. (d) 40 CFR Part 76, pertaining to the nitrogen oxides emission reduction requirements for acid rain sources subject to Title IV of the FCAA;
   5. (e) section 129(e) of the FCAA as codified in 42 USC 7429(e), pertaining to solid waste incineration units that are required to obtain operating permits under Title V of the FCAA;
   6. (f) section 129(g) of the FCAA as codified in 42 USC 7429(g), pertaining to the definition of solid waste incineration unit for the purposes of Title V of the FCAA; and
   7. (g) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics/, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.
2. (2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).

Authorizing statute(s): 75-2-217, MCA

Implementing statute(s): 75-2-217, 75-2-218, MCA

History: NEW, 1993 MAR p. 2933, Eff. 12/10/93; AMD, 1994 MAR p. 2828, Eff. 10/28/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; AMD, 1996 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1997 MAR p. 1581, Eff. 9/9/97; AMD, 2003 MAR p. 645, Eff. 4/11/03; AMD, 2005 MAR p. 959, Eff. 6/17/05; AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 1663, Eff. 10/26/07; AMD, 2018 MAR p. 438, Eff. 2/24/18; AMD, 2024 MAR p. 253, Eff. 2/10/24; AMD, 2024 MAR p. 2056, Eff. 8/24/24.