§ 8.16.030. Definitions.

As used in this chapter, unless indicated otherwise, the following definitions apply:

(1)

"Air contaminant" means dust, fumes, mist, smoke, or any particulate matter vapor, gas, odorous substances, or any combination thereof

(2)

"Air pollution control district" means the real property described as follows:

Beginning at the northwest corner of Section 2, Township 3 North, Range 8 West; thence easterly to the northeast corner of Section 5, T3N R7W; thence southerly to the northwest corner of Section 9, T3N, R7W; thence easterly to the northeast corner of Section 10, T3N, R7W; thence southerly to the southeast corner of Section 22, T2N, R7W; thence westerly to the southwest corner of Section 19, T2N, R7W; thence northerly to the northwest corner of Section 19, T2N, R7W; thence westerly to the southwest corner of Section 14, T2N, R8W; thence northerly to the southwest corner of Section 35, T3N, R8W; thence westerly to the southwest corner of Section 34, T3N, R8W; thence northerly to the northwest corner of Section 27, T3N, R8W; thence westerly to the southwest corner of Section 20, T3N, R8W; thence northerly to the northwest corner of Section 17, T3N, R8W; thence easterly to the northwest corner of Section 14, T3N, R8W; thence northerly to the point of beginning.

A map of the above-described geographical area is available and on file in the city-county's clerk and recorder's office.

(3)

"Air quality categories" means: "Good", "Poor", and "Alert" categories correlating with measured PM-2.5 concentrations.

a.

"Good air quality" means ambient particulate matter (PM) concentrations averaged over an eight-hour period that are equal to or less than forty percent of the most current NAAQS/MAAQS (twenty-four-hour standard).

b.

"Poor air quality" means ambient particulate matter (PM) concentrations averaged over an eight-hour period that are between forty to seventy-five percent of the most current NAAQS/MAAQS (twenty-four-hour standard).

c.

"Alert air quality" means ambient particulate matter (PM) concentrations averaged over an eight-hour period that are equal to or greater than seventy-five percent of the most current NAAQS/MAAQS (twenty-four-hour standard).

(4)

"Best available control technology" (BACT) means those techniques and methods of controlling emissions of pollutants from an existing or proposed open burning source which limit those emissions to the maximum degree which the department determines, on a case-by-case basis, is achievable for that source, taking into account impacts on energy use, the environment, and the economy, and any other costs, including cost to the source.

(5)

"Burn barrel" means any metal, ceramic, or other non-combustible devices, including, but not limited to, fifty-five gallon drums used for burning.

(6)

"Department" means the Butte-Silver Bow County Health Department.

(7)

"DEQ" means the Montana Department of Environmental Quality.

(8)

"Emission" means a release into the outdoor atmosphere of an air contaminant.

(9)

"EPA" means the U.S. Environmental Protection Agency.

(10)

"EPA Federal Reference Method 9" means Title 40 CFR 60. Appendix A to Part 60.

(11)

"Government" means the local government of Butte-Silver Bow.

(12)

"Federal Regulation" means the applicable requirements in Title 40, part 60, subparts AAA or QQQQ of the Code of Federal Regulations, as codified July 1, 2015.

(a)

For solid fuel burning devices, the requirements of subpart AAA apply.

(b)

For outdoor wood furnaces, the requirements of subpart QQQQ apply.

(13)

"MAAQS" means the Montana Ambient Air Quality Standards.

(14)

"NAAQS" means the National Ambient Air Quality Standards.

(15)

"Opacity" means a measurement of visible emissions defined as the degree expressed in percent to which emissions reduce the transmission of light and obscures the view of an object in the background.

(16)

"Pellet fuel burning device" means a solid fuel burning device that burns only automatically fed biomass or pelletized fuels.

(17)

"Outdoor wood furnace" means a residential hydronic heater or forced-air furnace as defined in 40 CFR part 60, subpart QQQQ.

(18)

"Person" means an individual, partnership, firm, association, municipality, public or private corporation, the state or a subdivision or agency of the state, trust, estate, interstate body, federal government or an agency of the federal government, or any other legal entity.

(19)

"PM-10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers.

(20)

"PM-2.5" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers.

(21)

"Remodel" means an addition or upgrade to an existing structure which utilizes a solid fuel burning device for heating purposes.

(22)

"Solid fuel burning device" means a residential wood heater as defined in 40 CFR part 60, subpart AAA.

( Ord. No. 12-1, § 1, 4-18-2012 ; Ord. No. 15-17, § 1, 12-18-2015 )