/ I 

i<J)[/ Y Montana Department of J ; 

~ ENvffioNMENTALQUAIJTY Brian Schweitzer, Governor 

Richard H. Opper, Director 

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov 

James B. Martin 

Regional Administrator 

USEPA, Region 8 

1595 Wynkoop St. 

Denver, Colorado 80202-1129 

3}A 

DearMr~n: 

August 1, 2011 

The Montana Department of Environmental Quality is submitting revisions to its State 

Implementation Plan. This submission contains revisions to ARM 17.8.102. The 

Montana Board of Environmental Review adopted this rule amendment on January 28, 

2011. 

This submission contains two copies of the Record of Adoption. For your convenience, 

the Record also contains a copy of the complete rule text as published by the Montana 

Secretary of State. If you have any questions regarding the contents of this submission, 

please contact Debra Wolfe at (406) 444-7916. 

Enclosures 

Richard H. Opper 

Director 

Enfor<ement Di"tlision • Permitting & Compliance Division • Planning, Preventioa & Assistaace Dlvisioa • Remediation Division 

RECEIVED 

U.S. EPA Region 8 

RA'sOffice 

AUG 0 9 2011 

STATE OF MONTANA 

RECORD OF ADOPTION 

ARM 17.8.102 

Pertaining to the incorporation by reference of current federal 

regulations and other materials into air quality rules. 

Date of Final Adoption by the Board of Environmental Review: 

January 28,2011 
RECORD OF ADOPTION 

Regulatory Actions 

TABLE OF CONTENTS 

(1) Rule Request Form 

(2) BER agenda granting rulemaking authority. 

(3) MAR notice for proposed rulemaking. 

(4) Public notice statement on state electronic access system. 

(5) MAR notice to Interested Parties & APCAC including address list. 

(6) MAR notice on the state electronic access system. 

(7) Department testimony; 

(8) Department HB 311 and 521 analysis. 

(9) Written public testimony. 

(1 0) Hearings officer report & transcript. 

(11) BER agenda from rule adoption meeting. 

(12) Transcript from BER rule adoption meeting. 

(13) Final MAR posted on the state electronic access system. 

(14) Final MAR notice of amended rule (published copy). 

(15) Published rule 

(16) SIP Public Notice statement 

(17) Public Comment Notice to Interested Parties & APCAC 

including address list. 

(18) Notice as published on DEQ website 

(19) Public Comments and/or Request for Hearing. 

Prepared by: 

zj&;j;l 

Date: 
RULE REQUEST FORM 

F\_,.;ity Requested: High {High, Low, Medium) Priority Assigned: __ 

Media Type: Air Quality {e.g. Air Quality, Water Quality) 

Target Adoption Date: January/Feb 2011 

Description: Incorporation by reference of federal and state regulatory material 

Justification: Retain current status of rule validity: retain state authority for federal statutory obligations 

MCA Cite: ARM Cite: various 

Initiated By: BER {BER, Department, Petro Board) 

Rule Writer(s): Debra Wolfe 

Division/Bureau/Program: P&C/ARMB 

Org·unit Number: 514741 

Approval Group(s): None. Consulting/stakeholder groups: CAAAC/APCAC 

Hearing Required: Yes 

RECEIVED 

AUG 0 2 2010 

MT Dept. Environmental Quality 

Permitting & Compliance Division 

A1r Resource Management &lreau 

1'-...is the initial rulemaking implementing a new statute or an amendment to an existing statute? No 

(This includes statutes and amendments passed in sessions prior to the last one.) 

If so, what session? __ What bill? __ 

Alternatives: __ 

Explanation for denial (or modifications): __ 

DEQ Management Approvals: 

Date: ·=r!Jt/;~.· r r 

Date: ?dz~ 

Date: ,(~171Dto 

Date: 7/1. ·J../io » ! 

Date: t-I].(;;) It-o. 

G:\ARMB\AMAP\Rule Development\DJW\201 0\201 OIBR\RuleRequest-201 OIBR.doc 
.lkfoncana 

Board of Enviromn.ental Review P. 0. Box. 200901 • Helena. MT $9620-0901 • (406) 444-2544 • W"cbsitct: ww-w.dcq.statct.nu.us 

TELECONFERENCE AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, JANUARY 28,2011 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH A VENUE, HELENA, MONTANA 

********************************************************** 

NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the meeting will begin no earlier than the time 

specified; however, the Board might not address the specific agenda items in the order they are scheduled It is expected that most or all 

available Board members will be participating via telecoriference. The Board's attorney and secretary will be present at the location stated 

above. Interested persons, members of the public, and the media are welcome to attend at the location stated above. Members of the public 

and press also may join Board members with prior arrangement. Contact information for the Board members is available from the Board 

secretary at (406) 444-2544 or at http://Yt'IVK'.deg.mt. gov/ber!index.asp. The Board will make reasonoble accommodations for persons with 

disabilities who wish to participate in this meeting. Please contact the Board Secretary by telephone or by e-mail at iwittenberg@mt.gov no 

later than 24 hours prior to the meeting to advise her of the noture of the accommodation you need 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

1. December 3, 2010, Board meeting. 

II. BRIEFING ITEMS 

A. CONTESTED CASE UPDATE 

1. Cases assigned to Hearing Officer Katherine Orr 

a. In the matter of CR Kendall Corporation's request for a hearing to appeal DEQ's 

decision to deny a minor permit amendment under the Metal Mine Reclamation 

Act, BER 2002-09 MM. On January 12,2010, the Department filed a status report in the 

case stating that the parties agree that the case should continue to be stayed. 

b. In the matter of the Notice of Violations of the Montana Water Quality· Act by 

North Star Aviation, Inc. at Ravalli County Airport, Ravalli County, BER 2009-10 

WQ. On December 21, 2010, a status conference was held via telephone. The 

Department moved for entry of an order requiring Appellant to retain legal counsel. An 

Order Requiring Appellant to Obtain Legal Counsel was issued on January 10,2011. 

c. In the matter of the request for hearing regarding the revocation of certificate of 

approval ES#34-93-C1-4 for the Fort Yellowstone Subdivision, Park County, BER 

2009-20/22 SUB. On January 6, 2011, the Board received a Proposed Schedule from 

DEQ, proposing a hearing the week of June 20, 2011. Hearing Examiner Katherine Orr 

issued the First Scheduling Order on January 11, 2011. 

d. In the matter of violations of the Montana Underground Storage Tank Act by 

Jeanny Hlavka, individually and d/b/a J.R. Enterprise, LLC, at the Fort Peck 

Station, 301 Missouri Avenue, Fort Peck, Valley County, BER 2010-08 UST. On 

November 17, 2010, the Board received a Motion for Additional Time on Joinder and Brief 

in Support from the Petitioner's attorney, requesting until December 3, 2010, the close of 

discovery, to determine whether to join the city of Fort Peck to this action. A hearing is 

scheduled for March 8, 2011. On January 4, 2011, the Department filed The Department's 

Motion for Summary Judgment. 

Page 1 of3 
e. In the matter of the appeal and request for hearing by Roseburg Forest Products 

Co. of DEQ's Notice of Final Decision regarding Montana Ground Water Pollution 

Control System Permit No. MTX000099, BER 2010-09 WQ. A hearing is set for 

February 28, 2011. 

f. In the matter of the appeal and request for hearing by Holcim Incorporated 

regarding the DEQ's Notice of Final Decision for MPDES Permit No. MT 0000485, 

BER 2010-13 WQ. On December 10, 2010, Ms. Orr issued a Third Order Granting 

Extension giving the parties until January 24, 2011, to reach settlement or file a proposed 

hearing schedule. 

g. In the matter of violations of the Public Water Supply Laws by Gregory C. 

MacDonald at Highwood Mobile Home Park, PWSID #MT0004681, Cascade 

County, Montana, BER 2010-14 PWS. Ms. Orr issued a First Scheduling Order on 

December 10, 2010, setting the hearing for May 18, 2011. 

h. In the matter of the appeal and request for hearing by Ronald and Debbie Laubach 

regarding the DEQ's final decision to amend the MATL's certificate of compliance, 

BER 2010-15 MFS. Ms. Orr, issued a First Prehearing Order on November 18, 2010. 

On November 24, 2010, the Board received MATL 's Motion to Intervene and MATL 's 

Combined Motion, in BER 2010-15 and 2010-16, to Dismiss, and Brief in Support. On 

December 6, 2010, the Board received a Proposed Scheduling Order from MATL. The 

petitioners submitted a letter on December 9, 2010, agreeing to join and to have Ms. Orr 

be the hearing examiner, and agreeing to the dates set forth in the December 7, 2010, 

First Scheduling Order. On December 22, 2010, the Board received MATL 's Reply Brief 

in Support of its Motion to Dismiss the Laubach Appeal and on December 29, 2010,the 

Board received Intervenor MATL 's List of Potential Witnesses and Exhibits. On January 

3, 2011, the Board received Appellant Laubach's List of Potential Witnesses and 

Exhibits. On January 6, 2011, a hearing on MATL's Motion to Dismiss was held. On 

January 7, 2011, an Order for Additional Briefing was issued. On January 11, 2011, the 

Board received Notice of Deposition of Ronald Laubach from MATL. 

i. In the matter of the appeal and request for hearing by Maurer Farms, Inc.; 

Somerfeld & Sons Land & Livestock, LLC; Larry Salois, POA; Jerry McRae; and 

Katrina Martin regarding the DEQ's final decision to amend the MATL's 

certificate of compliance, BER 2010-16 MFS. Ms. Orr, issued a First Prehearing Order 

on November 18, 2010. On November 24, 2010, the Board received MATL 's Motion to 

Intervene and MA TL 's Combined Motion, in BER 2010-15 and 2010-16, to Dismiss, and 

Brief in Support. On December 6, 2010, the Board received a Proposed Scheduling Order 

from MA TL. Ms. Orr issued an Order Granting Motion to Intervene and First 

Scheduling Order on December 10, 2010. On December 22, 2010, the Board received an 

Unopposed Motion to Amend Scheduling Order from MA TL. An Amended Scheduling 

Order was issued on January 11, 2011. Oral argument on MATL's Motion to Dismiss is 

set for February 3, 2011. 

j. In the matter of violations of the Montana Strip and Underground Mine 

Reclamation Act by Signal Peak Energy, LLC at Bull Mountain Mine #1, Roundup, 

Musselshell County, Montana, BER 2010-17 SM. Ms. Orr, issued a First prehearing 

Order on October 25, 2010. On November 8, 2010, the Board received a Notice of 

Appearance and an Unopposed Motion for Extension of Time from the appellant's 

attorney. On January 11,2011, the Unopposed Motion for Extension was granted. 

k. In the matter of the appeal and request for hearing by Meat Production Inc., a.k.a. 

Stampede Packing Co., regarding the DEQ's notice of final decision for Montana 

BERAgenda Page 2 of3 January 28, 2011 
Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. Ms. Orr issued a First Prehearing Order on November 18,2010. 

2. Other Contested Case Briefings 

a. In the matter of violations of the Montana Underground Storage Tank Act by 

Juniper Hill Farm, LLC, at Lakeside General Store, Lewis and Clark County, BER 

2009-18 UST. At its December 3, 2010, meeting, the Board reviewed the exceptions, 

response to exceptions, and supplemental response to exceptions on the Proposed Order on 

Penalty, and approved the proposed order. On January 13,2011, the Board received Request 

for Rehearing from Juniper Hill, requesting a hearing date after February. 

III. ACTION ITEMS 

A. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

1. In the matter ofthe amendment of ARM 17.38.204 to correct the adoption by reference of 40 

Code of Federal Regulations (CFR), Part 141.64(a)(l) which inadvertently excluded the 

adoption of 40 CFR, Part 141.64(a). Montana must adopt language that is at least as stringent 

as this federal requirement in order to maintain primacy for the Safe Drinking Water Act 

within the state of Montana. 

2. In the matter of the update of the Air Quality Incorporation by Reference Rules at ARM 

17.8.102. 

B. NEW CONTESTED CASE APPEALS 

1. In the matter of violations of the Montana Strip and Underground Mine ~eclamation 

Act by Signal Peak Energy, LLC, at Bull Mountain Mine #1, Roundup, Musselshell 

County, BER 2010-19 SM. The Board received the appeal on December 3, 2010. Interim 

Hearings Examiner Ms. Orr issued the First Prehearing Order on December 23, 2010. The 

Board may appoint a permanent hearings examiner or decide to hear the matter. 

2. In the matter of violations of the Montana Public Water Supply Laws by Bellecreeke, 

LLC, at Belle Creeke Dental, PWSID #MT0004553, Butte, Silver Bow County, BER 

2010-20 PWS. The Board received the appeal on December 21, 2010. The Board may 

appoint a permanent hearings examiner or decide to hear the matter. A First Prehearing 

Order was issued on January I 0, 2011. 

3. In the matter of violations of the Montana Strip and Underground Mine Reclamation 

Act by Carbon County Holdings, LLC, at Carbon County Holdings, Carbon County, 

BER 2011-01 SM. The Board received the appeal on January 13, 2011. The Board may 

appoint a permanent hearings examiner or decide to hear the matter. 

C. FINAL ACTION ON CONTESTED CASES 

1. In the matter of violations of the Clean Air Act of Montana by Todd Michael Mihalko, 

Jefferson County, Montana, BER 2010-10 AQ. On November 30,2010, the Board received 

a Stipulation to Dismiss, signed by the parties. An order to dismiss the case will be presented 

for signature. 

IV. GENERAL PUBLIC COMMENT 

Under this item, members of the public may comment on any public matter within the jurisdiction of 

the Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings 

are not public matters on which the public may comment. 

V. ADJOURNMENT 

BERAgenda Page 3 of3 January 28, 2011 
-1-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17 .8.1 02 pertaining to incorporation by ) 

reference of current federal regulations ) 

and other materials into air quality rules ) 

) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On , 2010, at_: __ .m., the Board of Environmental 

Review will hold a public hearing [in/at address], Montana, to consider the proposed 

amendment of the above-stated rule. 

2. The board will make reasonable accommodations for persons with 

disabilities who wish to participate in this public hearing or need an alternative 

accessible format of this notice. If you require an accommodation, contact Elois 

Johnson, Paralegal, no later than 5:00p.m., , 2010, to advise us of 

the nature of the accommodation that you need. Please contact Elois Johnson at 

Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-

0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov. 

3. The rule proposed to be amended provides as follows, stricken matter 

interlined, new matter underlined: 

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) In this chapter where the board has: 

(a) adopted a federal regulation by reference, the reference is to the July 1, 

~ 2009, edition of the Code of Federal Regulations (CFR); 

(b) adopted a section of the United States Code (USC) by reference, the 

reference is to the 2009 2006 edition of the USC and Supplement V!! (200& 2009); 

(c) adopted another rule of the department or of another agency of the state 

of Montana by reference, the reference is to the December 31, ~ 2009, edition of 

the Administrative Rules of Montana (ARM). 

(2) through (2)(b) remain the same. 

(3) For purposes of this chapter, the following subparts, or portions thereof, 

of 40 CFR Part 63 are excluded from incorporation by reference: 

(a) remains the same. 

(b) 40 CFR 63, Subpart KKKKK, National Emission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, 

and all associated appendices and tables), as vacated March 13, 2007, by the U.S. 

Circuit Court of Appeals, D.C. Circuit; and 

(c) 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous 

Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process 

Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and 

tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit~ 

MAR Notice No. 17-_ 
--------

-2-

(d) portions of 40 CFR 63, Subpart DODD, National emission StandaFds for 

Hazardous Air Pollutants for Plywood and Composite VVood Products, as vacated 

June 19, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit. 

AUTH: 75-2-111, MCA 

IMP: Title 75, chapter 2, MCA 

REASON: The board is proposing to amend the air quality rules to adopt the 

current editions of federal statutes and regulations and state rules that are 

incorporated by reference in the rules. The board is proposing to amend ARM 

17.8.102(1) to adopt revisions to federal regulations and statutes that were 

published in the July 1, 2009, edition of the Code of Federal Regulations (CFR) and 

2006 edition of the United States Code, as supplemented in 2009. The board 

adopts and incorporates by reference federal regulations and statutes, including 

emissions standards, to ensure that Montana's air quality rules are at least as 

stringent as federal air quality regulations in order to maintain primacy and federal 

delegation of Montana's air quality program and to timely implement emission 

standards developed on the federal level pursuant to a federal program of emissions 

control. The Board also is proposing to update the version of the Administrative 

Rules of Montana incorporated by reference in order to maintain consistency with 

the current rules. 

The board is proposing to delete the exclusion from incorporation by 

reference of 40 CFR Part 60, Subpart DODD, EPA's National Emission Standards 

for Hazardous Air Pollutants for Plywood and Composite Wood Products, which was 

vacated by the U.S. Circuit Court of Appeals for the D.C. Circuit in 2007. The 

subpart is no longer published in the CFR. 

4. Concerned persons may submit their data, views, or arguments, either 

orally or in writing, at the hearing. Written data, views, or arguments may also be 

submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 

E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 

444-4386; ore-mailed to ejohnson@mt.gov, no later than 5:00 p.m., , 

2010. To be guaranteed consideration, mailed comments must be postmarked on or 

before that date. 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes the name, email, and mailing address of the person to receive notices and specifies that the 

person wishes to receive notices regarding: air quality; hazardous waste/waste oil; 

asbestos control; water/wastewater treatment plant operator certification; solid 

waste; junk vehicles; infectious waste; public water supply; public sewage systems 

regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine 

MAR Notice No. 17-
-3-

reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; 

wastewater treatment or safe drinking water revolving grants and loans; water 

quality; CECRA; underground/above ground storage tanks; MEPA; or general 

procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing 

preference is noted in the request. Such wri~en request may be mailed or delivered 

to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth 

Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 

444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by 

completing a request form at any rules hearing held by the board. 

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW 

BY: ---------------------------- DAVID RUSOFF JOSEPH W. RUSSELL, M.P.H., 

Rule Reviewer Chairman 

Certified to the Secretary of State, , 2010. 

MAR Notice No. 17-
~t. 

.egal Unit Contacts 

)EQ Staff Directory 

1ontana Code Annotated 

1T Administrative Rules (Title 17) 

Search MT Administrative Rules I 

~uJe Notices 

Notices with Hearing 

Notices without Hearing 

Negotiated Notices 

Final Adoption Notices 

::mergency Notices 

irector's Office 

ownload Adobe Reader 

Home» Director's Office» Legal Unit» Notices With HeaciDg 

Administrative Rules of Hontana 

Notices of Proposed Rule making 

with Hearing 

1:30 p.m. Room 1111 Notice of Public Hearin~ on 

December Metcalf Bulldi~, 5:00p.m. Proposed AmendmentAir Quality - 6, 2010 1520 East Sixt Incor~;toration br Reference of 

Avenue, Helena, December Current Fet!era R~ulations and 

MtJntana 13, 2010 other !'<1atena!S Into Atr oualib' 

Rules- MAR Nottce No. 17-3071 _j_j S'OOp.m. Notice of Extension of Comment 

November Period on Proposed Amendment 

12,2010 (Wafer Quality - MAR Notice NfJ. 17-

276 

5:00p.m. Nmice of Extension of Comment 

June 16, Period on Proposed Amendment 

2010 (Water Quality, Su~visiQns, 

CECRA, Undernroun Storage 

Tanks - ~~rtment <::1rcular DEQ-7 - MAR Notrce No. 17-3·031 
~ 

~ Montana Department of 

~ ENVIRONMENTALQUALITY Brian Schweitzer, Governor 

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov 

DATE: November 12, 2010 

TO: Air Interested Parties List 

FROM: Montana Department of Environmental Quality 

Air Resources Management Bureau 

RE: Public Hearing for Proposed Amendment to the ARM 

The Montana Board of Environmental Review is proposing to amend ARM 17.8.102 to adopt 

revisions to federal regulations published in the July 1, 2009, edition of the Code of Federal 

Regulations and revisions to state administrative rules published in the December 31, 2009 edition 

of the ARM. To view the notice of rule amendment as published by the Montana Secretary of State, 

goto: http://www.deg.mt.gov/dir/legal/hearing.mcpx. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
Interested Parties Mailing 12-Nov-10 

I 

'-- EmaiiAddr_ Full Name - 2horses@nemontel.net Debbie Madison 

Sfriendlyfish@bresnan.net Jack & Pamela Emard 

Abbie.Krebsbach@mdu.com Abbie Krebsbach 

aclark27@bloomberg.net Aaron Clark 

aday@trinityconsultants.com Aaron Day 

afanderson@fs.fed.us Anna Anderson 

ahedges@meic.org Anne Hedges 

alexanderrr@cdm.com Bob Alexander 

allen@allen-associatesmt.com Don Allen 

andrea.perez@hexion.com Andrea 

apack@all4inc.com Amy Pack 

astecpermits@gmail.com Catherine 

aussie_northcott@hotmail.com robert 

azzie_301@hotmail.com k 

bdhohn@hohneng.com Brian Hohn 

bdundas@truecos.com Bob Dundas 

beamman6056@msn.com Anderson 

benjamin.recker@tetratech.com Ben Recker 

berrysoup@yahoo.com bonita 

'-.., beth_ dickerson @fws.gov beth dickerson 

bettylu@blackfoot.net Jim Young 

bha beck@ mt.gov Bob Habeck 

bholland @crowleylaw .com B. Holland 

bjohnson@summite.com Bruce Johnson 

blakecrk@gmail.com Krista Evans 

bm I @stateside .com Becky Lukaesko 

bmontgomery@montana-wcc.com Bob Montgomery 

bob.vantuyl@ashgrove.com Bob Vantuyl 

boschleicher@mt.gov Bob Schleicher 

bovard.tiberi@gmail.com Bovard Tiberi 

bret@bison-eng.com Bret Gallo 

brian.mchugh@tetratech.com Brian McHugh 

brian.zieske@malmstrom.af.mil Brian Zieske 

brianna@clarkfork.org Brianna Randall 

brogers@newfield.com Brad Rogers 

Bruce. Krepley@ naes.com Bruce Krepley 

bsoamj@3rivers.net Mary Jane McGarity 

BSquires@nicnd.com Bruce Squires 

Bstevenson@rosipower.com Bruce Stevenson YELP 

bsublasky@emsl.com ben 

'-... bullorj@bp.com Robin Bullock 

burns.betsy@epa.gov Betsy Burns 

bvaughn@montana.com Barbara Vaughn 

c2nites2000@yahoo.com Kermit Snow 
calvin.e.kidney@wellsfargo.com 

carl @com plia ncefreaks.com 

carlsonj@ho.missoula.mt.us 

cartoonsmart@mac.com 

cash1230@esa phaseone .com 

cathyl@bkbh.com 

cboe@mt.gov 

cbreitling@encoreacq.com 

cefarms@tetonwireless.net 

cflanders@nobleenergyinc.com 

chenine.wozniak@ch2m.com 

cheryllynned@marathonoil.com 

chomer@mt.gov 

chuck.buus@riotinto.com 

chuck@netentrust.com 

chuckp@cskt.org 

cindy_buschman@mccormick.com 

cindymed@hotma il.com 

claseur@plainsjustice.org 

cmhd@midrivers.com 

cmrcd@midrivers.com 

coate.carson@epa.gov 

colburnm@ho.missoula.mt.us 

coolnickjr@hotma il.com 

coupscounter@ya hoo.com 

cpowell@buysandassociates.com 

era necreationsl@yahoo.com 

crose@3rivers.net 

crwindmueller@wtrconsulting.com 

dan .corti@ mso.umt.ed u 

darrell.soyars@avistacorp.com 

daveduttonfraser@yahoo.com 

david_long@eogresources.com 

dblank@ncpa.org 

dbusby@montanarefining.com 

debbies_design@yahoo.com 

dhrubes@midrivers.com 

diannalin@msn.com 

djncjn@interbel.com 

djohnsonhorne@barrick.com 

dlambrecht@jbrenv.com 

dlorenzen@pioneer-technical.com 

dmunson@mt.gov 

dmyran@montana-wcc.com 

dolan.kathy@epa.gov 

donald.may@tetratech.com 

dpaulsen@ala-nr.org 

Calvin Kidney 

Carl Williams 

Jim Carlson 

Buddy Rogers 

John Meyers 

Cathy Laughner 

Chris Boe 

Chris Breitling 

Chad Dohney 

Catherine Flanders 

Chenine Wozniak 

Cheryl-Lynne Davis -Marathon Oil 

Charles Homer 

Charles D. Buus 

chuck 

Chuck Page 

Cindy Buschman 

Cindy 

Carrie La Seur 

Mike Rinaldi 

Monty L. Sealey 

Carson Coate 

Mamie Colburn 

randy Iahey 

David saylor 

Chad Powell 

Julia Crane 

Corrine Rose 

C. Ray Wind mueller 

Dan Corti 

Darrell Soyars 

dave 

David Long 

Danielle Blank 

Dexter Busby 

Debra Vetter 

David Hrubes 

Dianna Lintner 

Deborah Johnson-Horne 

David Lambrecht 

Diane Lorenzen 

Darren Munson 

Darrel Myran 

Don May 

Dick Paulsen 
d pavuk@crowleyla w .com D.Pavuk 

dpowers@summite.com Dan Powers 

\...., dquander@hollandhart.com Don Quander 

d rusoff@ mt.gov Dave Rusoff 

dshonerd@multistate.com David Shonerd 

dsimonson@mt.gov Dave Simonson 

dsimpson@montana-wcc.com Dave Simpson 

dsorensen@bozeman.net Dewey Sorensen 

dugiejm@ hotma il. com Jeff 

dujohnson@mt.gov Dusti 

dwalsh@mt.gov Dan Walsh 

dwatson@rosebudcountymt.com Daniel D. Watson 

dwolfe@mt.gov Deb Wolfe 

ed@mt.net Ed Santos 

eerp@mt.gov Elton Erp 

eisele.ada m @epa .gov Adam Eisele 

elbrunner@gmail.com Erica Brunner 

emcrae@fageninc.com Edward McRae 

emerchant@mt.gov Eric Merchant 

emilieboyles@yahoo.com emilie boyles 

esa@ platts.com Esa 

fcrowley@doneylaw.com Frank Crowley 

\... fotto@ups.com Friedheim Otto 

frank@shumaker.psemail.com frank 

gabe.johnson@riotinto.com Gabe Johnson 

gaila_consulting@msn.com Gail Abercrombie 

gcm@sierraresearch.com Gabe McAuliffe 

geraldschlosser@benefis.org Gerald Schlosser 

gjackson@emittechnologies.com Gary Jackson 

gjg@ecocion.com Gary Gates 

gmcgann@co.carbon.mt.us Gregory McGann 

Greg.brown@chsinc.com Greg Brown 

greg.hildebrand@ttemi.com Greg Hildebrand 

grey_nicolls@hotmail.com robert 

grodway@bison-eng.com Grant Rodway 

hbedbury@montanarefining.com Hadley Bedbury 

hestma rk. rna rtin@epa .gov Martin Hestmark 

hhsgreengroup@gmail.com HHS Green Group 

hkaiser@hydrometrics.com Heidi Kaiser 

hpeterson@mtech.edu Holly Peterson 

hrash@mt.gov Hoby Rash 

hrobbins@bison-eng.com Hal Robbins 

info@kakuk.com Michael Kakuk 

\..., info@lion.com Lion Technologies 

info@northernplains.org Northern Plains Resource Council 

j.castro@ci.burbank.ca.us Jessica 

Jackie.Fiikkema@Kniferiver.com Jackie Flikkema 
jackross@nemontel.net Jack Ross 

jade.stokke@riotinto.com Jade Stokke 

.Jagadeesan.Sethuraman@whiting.com Jagadeesan Sethuraman 

jahughes@mt.gov Jim Hughes 

jake. wei rich @ed aw .com Jake Weiriich 

jakenny@mt.gov Jake Kenny 

jamie.christopher@aecom.com Jamie Christopher 

jamie.gaboriau@riotinto.com jamie gaboriau 

jam iew@slservices.net Jamie Whiteman 

JasMatthews@msn.com James Matthews, M.D. 

javid@mod2.com Javid Nia 

jcarlin@mt.gov Jim Carlin 

jchaffee@bison-eng.com Jeff Chaffee 

jcoefield@mt.gov John Coefield 

jdorris@mt.gov Joshua Dorris 

jean.semborski@conocophillips.com Jean Semborski 

jeannehallesy@yahoo.com Jeanne 

jeff.briggs@ashgrove.com Jeff Briggs 

jeff@ajaxcomputernetworking.com Jeff 

Jenna_k_02@hotmail.com Jenna Loring 

jennifer.cinq-mars@ang.af.mil Jen 

jennifer.pin@riverstonehealth.org Jennifer Pinnow 

jennifergoldman@ogap.org Jennifer Goldman 

jenomara@mt.gov Jenny O'Mara 

jford2@mt.gov McCloud {Joe) Ford 

Jiakun.Zhang@stjude.org Jiakun Zhang 

jmariepatrick@3rivers.net June Patrick 

JMBianco@marathonoil.com Julius Blanco 

jmerkel@mt.gov Julie Merkel 

jmparker@pplweb.com Jim Parker 

joe.w.lierow@exxonmobil.com Joe Lierow 

Joe@shumaker.psemail.com Joe Aline 

JOELKelm@msn.com Joel Keirn 

John@SenatorJohn.net John Brueggman 

jon.madison@mdu.com Jon madison 

joseph.w.lierow@exxonmobil.com Joe Lierow 

josephfdepaz@yahoo.com Joseph F. de Paz 

jrussell@flathead.mt.gov Joe Russell 

jscott@cherrycreekradio.com Jay Scott 

jsites@crowleylaw .com J. Sites 

jugorowski@ mt.gov Joe Ugorowski 

Kalle.Kuether@mdu.com Kalle Kuether 

karen@netentrust.com karen 

katrina_winborn@urscorp.com Katrina Winborn 

kdavid@flathead.mt.gov Kelly David j 

kenre@comcast.net Kenneth Reeves 

Kevin.Pilger@taqa.ca Kevin Pilger 
kgehret@perkinscoie.com Kate Gehret 

\.... kgessaman@mt.gov Kathy Gessaman 

khooper@libby .org Kathy Hooper 

kirsty _gilmour@ hotmail.com Kirsty Gilmour 

kmoore@co.lewis-clark.mt.us Kathy Moore 

korr@mt.gov Katherine Orr 

krobertson@mjbradley.com KRobertson 

ksolberg@anacondadeerlodge.mt.gov Karen Solberg 

kwalsh@enviroconsult.com Kevin Walsh 

kwebb@m-m.net Kristi Webb 

larry@montanasulphur.com Larry Zink 

lclark@fs.fed.us Lori Clark 

leah.bennett@rocketmail.com Leah Bennett 

lee@prrlaw.com Lee Bruner 

lepodal@yahoo.com Debbie Lepo 

LGiatz@mt.gov Glatz, Linda 

lhendley@co.lewis-clark.mt.us L Hendley 

library@crowleylaw.com Crowley Law 

lindsay.spurlock@riotinto.com Lindsay Spurlock 

ljordan@ravallicounty.mt.gov Lea Jordan 

llaknar@co.beaverhead.mt.us Larry Laknar 

lmoody@all-llc.com Lee Moody 

L lmoral@trinityconsultants.com Lani Moral 

lnguyen@trinityconsultants.com Linda Nguyen 

lonnie.fallin@jacobs.com Lonnie Fallin 

lstuder@stmaryland.com luke 

lweeks@nemont.net Linda Weeks 

lza nto@ mt.gov Lynn Zanto 

macka_maka@hotmail.com robert 

rna rcella rna @cskt.org Marcella Mahseelah 

Margaret.Zebley@aecom.com Margaret Zebley 

margaret@montanasulphur.com Margaret 

mark.lin@gmail.com Mark 

mark@aspence.net Mark C. Peterson 

markschaffer57@hotmail.com mark schaffer 

mary.blel@chsinc.com Mary Blel 

mbarton@co.missoula.mt.us Michael Barton 

mbasta@greatfallsmt.net Martin Basta 

mbrown@ap.org Matt Brown 

mcferrins@mt.net Felecity McFerrins 

megan.siems@sierraclub.org Megan Siems 

mhillman@trinityconsultants.com Melissa Hillman 

mhoffman@jeffco.mt.gov Michael G. Hoffman II 

L michelle@skyride.net michelle Hartly 

miosh_com@yahoo.com Ken Liston 

Mitcheii.Leu@plumcreek.com Mitchell Leu 

mlct@mt.net Alec Hansen 
mmca@mttrucking.org 

montanabobcat@gmail.com 

mpa @montanapetroleum.org 

mpainter@ci.missoula.mt.us 

m pontiff@ newfield .com 

mra ile@montana refining.com 

mrlambrecht@pplweb.com 

msimonich@helenahar.com 

mtaudubon@mtaudubon.org 

muncie1929@itstriangle.com 

mwignot@hydrometrics.com 

nathan@bison-eng.com 

Nick.Lawyer@montana.com 

nickgeranios4317 @msn.com 

nturnbull2@gmail.com 

obarta@mt.gov 

parker-christensen.victoria@epa.gov 

Parkside@bigsky.net 

Pat.kimmet@chsinc.com 

pat@crowleyconsultants.com 

patels3@hotmail.com 

patty@johnsonlanematerials.com 

pauldsherrpc@yahoo.com 

pcollins@crowleylaw.com 

pjsimonich@pplweb.com 

pkukay@hotmail.com 

pmckenzie@stoltzelumber.com 

randall.j.richert@conocophillips.com 

rdaniel@ravallicounty.mt.gov 

rd riear@centurytel.net 

rebecca@bison-eng.com 

rebecca@northernplains.org 

redtail47@gmail.com 

reed.j.marton@conocophillips.com 

rfink@co.carbon.mt.us 

rgilson@cbmainc.com 

rhughes@rmsmanagement.com 

Rick.Walsh@Northwestern.com 

rjeffrey@mt.gov 

rkenyon@cgrs.com 

roark@imt.net 

ron.hyatte@riotinto.com 

ronald.nadwornick@mt.usda.gov 

ross.whelchel@northwestern.com 

rr@hayfam.com 

rsouthwick@gr-northern.com 

Runningelkcliff@aol.com 

Montana Motorcarriers 

Bob 

Dave Galt 

Michael L. Painter 

Mike Pontiff 

Mike Raile 

Mark Lambrecht 

Mark Simonich 

Montana Audubon 

Muncie Morger 

Michael Wignot 

Nathan Bartow 

Nick Lawyer 

Geranios Enterprises Inc 

Neil Turnbull 

Oline Barta 

Victoria Parker-Christensen 

Jennifer Swearingen 

Pat Kimmet 

Pat Crowley 

pate I 

Patty 

Paul 

P. Collins 

Pete Simonich 

PauiKukay 

Paul R. McKenzie 

Randall Richert 

Rod Daniel 

Ralph Driear 

Rebecca 

Rebecca Fischer 

Jo Ellis 

Reed J. Marton 

Rodney Fink 

Robert Gilson 

Rose Hughes 

Rick Walsh 

Robert Jeffrey 

Randy Kenyon 

Carol Lee-Roark 

Ron Hyatte 

Ronald Nadwornick 

Ross Whelchel 

C.E.Robertson 

Rich Southwick 

Running Elk 
russb@ycchd.org Russ Boschee 

ruth_jensen@transcanada.com Ruth Jensen 

\.... RWeimer@stillwatermining.com Randy Weimer 

sabrina_rojas@hotmail.com Sabrina 

sabskb@gmail.com Scott and Sheree Bombard 

saraw@intermountain.org sara wakefield 

sbombard@natlforests.org Sheree Bombard 

schmidtb@ho.missoula.mt.us Ben Schmidt 

Shannon.morgan@rosi-boise.com Owen Orndorff -YELP 

shatten@mt.gov Skye Hatten 

sherry.bursey@anadarko.com Sherry 

sjohnson@co.cascade.mt.us Sandy Johnson 

smason@hydrometrics.com Scott Mason 

smullins@industrialinfo.com Shane Mullins 

snowakowski@mt.gov Sonja Nowakowski 

sobrien@oasisemission.com Shawna O'Brien 

solsen@mt.gov Sandi Olsen 

srubino@sc.rr.com srubino 

ssternberg@mt.gov Stan Sternberg 

Stacy.aguirre@wbip.com Stacy Aguirre 

stellaholt@live.com Stella 

stephentsmith@earthlink.net Stephen T. Smith 

stevew@bkbh.com Steve Wade 

~ susanalise@cox.net Susan 

sutherlin1971@earthlink.net Sandra Sutherlin 

swright@cfaluminum.com Steve Wright 

szehntner@mt.gov Steve Zehntner 

tadd.berger@erm.com Tadd Berger 

tdzomba@fs.fed.us Thomas Dzomba 

teverts@mt.gov Todd Everts 

therriaults@ho.missoula.mt.us Shannon Therriault 

thodik@centurypaving.com 

thomas. pick@ mt. usda .gov Tom Pick 

tiphlmiller@yahoo.com Tiphanie Keefe 

tjewett@NPCA.ORG Tony Jewett 

tkircher@stillwatermining.com Tom Kircher 

Todd.O'Hair@bigsky.net Todd O'Hair 

todg@cordite.com Tod Glenn 

tom.gibbons@tetratech.com Tom Gibbons 

townofalberton@blackfoot.net Diane Jodsaas 

tquarles@retec.com Tim Quarles 

traciebuhl@fs.fed.us Tracie 

twidboom@barr.com Tony Wid boom 

vdnnsa@aol.com Adam Sheldon 

'-- victor.m.dugan@exxonmobil.com Victor M. Dugan 

videtich.callie@epa.gov Callie Videtich 

walkers@ci.billings.mt.us Scott Walker 
Wburget@peabodyenergy.com 

whitem@dawsoncountymail.com 

wildcovenants@msn.com 

william.thompson@northwestern.com 

wjacobs@flathead.mt.gov 

wlneumiller@pplweb.com 

wlreynolds@bresnan.net 

woodproducts@mt.net 

woodwardjj@cdm.com 

wwmercer@hollandhart.com 

yardleysandra@hotmail.com 

yoonyoung.choi@mcdean.com 

Wanda Burgett 

Mike While 

Linda Dwarak 

Bill Thompson 

Wendee Jacobs 

Bill Neumiller 

William Reynolds 

Ellen Engstedt 

Jesse Woodward 

bill mercer 

Sandra Yardley 

Yoonyoung Choi 
Easy Peel"" Labels 

Use Avery• Template 51&af!J 

I 

I 

J 

STEPHEN BLANKENSHIP FORI· 

925 L ST STE 390 l: 1\ CRAMENTO CA 95814 

BARBDOWSKI 

REG MANAGER QWEST EH & 'S 

1855 S FLATIRON COURT 

BOULDER CO 80301 

AlLAN FRONBERG 

GLACIER ENGJINEJERING PC 

1241ST AVES §TJE 17 

GRlEAT lFALLS MT 59401 

JOHN GERHART 

POBOX283 

BELT MT 59412 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATIS 

259 MCCLELLAN CREEK RD 

CLANCY MT 59634 

'-... 

MICHAEL J LUCIANO 

FARM HARVESTING OF EUREKA 

POBOX1050 

EUREKA MT 59917 

STEVE PILCHER 

POBOX1715 

HELENA MT 59624-1715 

LILA TAYLOR 

HC 42BOX595 

BUSBY MT 59016 

~'i!:io.Jueti:es fac:Oies a peiell' 

Hitili"~"" D.e t111abarit i..\VIERV® 5~60® 

1!!. - Bend along line to i 

Feed Paper ............,.. expose Pop-Up EdgeTM A 

BRUCE CLARK 

GENESIS INC 

POBOX 1660 

TROY MT 59935 

LA ERICKSON 

ASARCO TROY UNIT 

POBOX 1660 

TROY MT 59935 

PEGGY FRUIT 

TOWN OF BROADUS 

POBOX659 

BROADUS MT 59317 

LYNNIDLL 

MSE-HKMINC 

POBOX7010 

SHERIDAN WY 82801 

BOB KELLY 

INTERTEC 

619 S W IDGGINS STE S 

MISSOULA MT 59803 

JOHN MCKENNA 

ETS INTERNATIONAL 

1401 MUNICIPAL RD NW 

ROANOKE VA 24012-1309 

JIM RAMAKER 

POBOX760 

CHOTEAU MT 59422 

GERALD WAGNER 

BLACKFEET TRIBAL 

POBOX2029 

BROWNING MT 59417 

6 

5ens de Repliel a lc.; hadiure 2riiin de 

•eveier le rebord ?op-upTM 

~ AVERY® 5160® l 

DALE COCKRELL 

CHRISTENSEN MOORE 

·COCKRELL 

POBOX7370 

KALISPELL MT 59904-0370 

.JAMES FLANSBURG 

HAYS LODGE POLE SCHOOLS 

BOX 110 

HAYS MT 59527 

RONALD GElBLRKE 

BIG SKY MINXNG CO 

lPOBOX97 

COLSTIUP MT 59323 

TAMMY JOHNSON 

ENVIRONOMJ[CS INC 

POBOX1026 

WIDTEHALL MT 59759 

JERRY D. KNUTSON 

WEST TECH SUPPLY & 

SERVICES 

POBOX80711 

BILLINGS MT 59108 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

110 12TH AVE SW 

SIDNEY MT 59270 

FRED STEELE 

CSKT TRIBAL HEALTH 

BOX880 

ST IGNATIUS MT 59865 

WWW.SN<arif.i!.:Offi 

-300-GO-AVIERY 
Barta, Oline 

Distribution List Name: Interested Parties not on Lyris 

L 

Members: 

Bud Clinch 

Carol Kenney 

Cathy Atkins 

Cliff Runningelk 

Don Potts 

Don Powers 

Erik Suffridge 

John Sesso 

Kevin Fetherston 

Lori Bocchino 

Mike Ellitt 

Mike Philbin 

Mikel Siemens 

Rick Larson 

Rick Stefanic 

Tim Roark 

William Rogers 

mtcoal@aol.com 

carolsrainbow@aol.com 

cathy.atkins@rma.army.mil 

runningelkcliff@aol.com 

don.potts@cfc.umt.edu 

dpowers@bsb. mt.gov 

erik. suffridge@mt. usda.gov 

jsesso@bsb. mt.gov 

kfetherston@bna.com 

lbocch@wyo.gov 

plessie.ellitt@usmc. mil 

Mike_Philbin@blm.gov 

mikel@rlkhydro.com 

ricklarson@bsb. mt.gov 

rick.stefanic@bia.gov 

Tim. Roark@gallatin. mt.gov 

william.rogers@deq.idaho.gov 
-2636-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17 .8.1 02 pertaining to incorporation by ) 

reference of current federal regulations ) 

and other materials into air quality rules ) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On December 6, 2010, at 1 :30 p.m., the Board of Environmental Review 

will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, 

Helena, Montana, to consider the proposed amendment of the above-stated rule. 

2. The board will make reasonable accommodations for persons with 

disabilities who wish to participate in this public hearing or need an alternative 

accessible format of this notice. If you require an accommodation, contact Elois 

Johnson, Paralegal, no later than 5:00 p.m., November 22, 2010, to advise us of the 

nature of the accommodation that you need. Please contact Elois Johnson at 

Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-

0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov. 

3. The rule proposed to be amended provides as follows, stricken matter 

interlined, new matter underlined: 

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) In this chapter where the board has: 

(a) adopted a federal regulation by reference, the reference is to the July 1, 

2-008 2009, edition of the Code of Federal Regulations (CFR); 

(b) adopted a section of the United States Code (USC) by reference, the 

reference is to the 2000 2006 edition of the USC and Supplement¥-!! (2QQ& 2009); 

(c) adopted another rule of the department or of another agency of the state 

of Montana by reference, the reference is to the December 31, 2QG8 2009, edition of 

the Administrative Rules of Montana (ARM). 

(2) through (2)(b) remain the same. 

(3) For purposes of this chapter, the following subparts, or portions thereof, 

of 40 CFR Part 63 are excluded from incorporation by reference: 

(a) remains the same. 

(b) 40 CFR 63, Subpart KKKKK, National Emission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, 

and all associated appendices and tables), as vacated March 13, 2007, by the U.S. 

Circuit Court of Appeals, D.C. Circuit; and 

(c) 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous 

Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process 

Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and · 

tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit~ 

(d) portions of 40 CFR 63, Subpart DODD, National Emission Standards for 

21-11/12/10 MAR Notice No. 17-307 
-2637-

HazaFdolJs Air PolllJtants for Plywood and Composite VV-ood ProdlJels, as vacated 

JlJne 19, 2007, by the U.S. CirelJil Cot:~rt of Appeals, D.C. Ciret:~it. 

AUTH: 75-2-111, MCA 

IMP: Title 75, chapter 2, MCA 

REASON: The board is proposing to amend the air quality rules to adopt the 

current editions of federal statutes and regulations and state rules that are 

incorporated by reference in the rules. The board is proposing to amend ARM 

17 .8.1 02(1) to adopt revisions to federal regulations and statutes that were 

published in the July 1, 2009, edition of the Code of Federal Regulations (CFR) and 

2006 edition of the United States Code, as supplemented in 2009. The board 

adopts and incorporates by reference federal regulations and statutes, including 

emissions standards, to ensure that Montana's air quality rules are at least as 

stringent as federal air quality regulations in order to maintain primacy and federal 

delegation of Montana's air quality program and to timely implement emission 

standards developed on the federal level pursuant to a federal program of emissions 

control. The board also is proposing to update the version of the Administrative 

Rules of Montana incorporated by reference in order to maintain consistency with 

the current rules. 

The board is proposing to delete the exclusion from incorporation by 

reference of 40 CFR Part 60, Subpart DODD, EPA's National Emission Standards 

for Hazardous Air Pollutants for Plywood and Composite Wood Products, which was 

vacated by the U.S. Circuit Court of Appeals for the D.C. Circuit in 2007. The 

subpart is no longer published in the CFR. 

4. Concerned persons may submit their data, views, or arguments, either 

orally or in writing, at the hearing. Written data, views, or arguments may also be 

submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 

E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 

444-4386; ore-mailed to ejohnson@mt.gov, no later than 5:00p.m., December 13, 

2010. To be guaranteed consideration, mailed comments must be postmarked on or 

before that date. 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes· the name, email, and mailing address of the person to receive notices and specifies that the 

person wishes to receive notices regarding: air quality; hazardous waste/waste oil; 

asbestos control; water/wastewater treatment plant operator certification; solid 

waste; junk vehicles; infectious waste; public water supply; public sewage systems 

regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine 

reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; ...,) 

MAR Notice No. 17-307 21-11/12/10 
-2638-

wastewater treatment or safe drinking water revolving grants and loans; water 

quality; CECRA; underground/above ground storage tanks; MEPA; or general 

procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing 

preference is noted in the request. Such written request may be mailed or delivered 

to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth 

Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 

444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by 

completing a request form at any rules hearing held by the board. 

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

Reviewed by: 

Is/ David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

BY: /s/ Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H., 

Chairman 

Certified to the Secretary of State, November 1, 2010. 

21-11/12/10 MAR Notice No. 17-307 
2010 IBR 

Hearing Testimony - 12/6/10 

Thank you. For the record, my name is Debra Wolfe and I work in the Air 

Resources Management Bureau. I'm here today to represent the department 

regarding action on the proposed incorporation by reference rulemaking. 

As a state with authority and delegation for the administration of various federal 

air quality programs, Montana maintains primacy in part by adopting and 

implementing the most current federal regulatory provisions. The Department is 

supporting the Board's proposal to amend ARM 17.8.102 to adopt revisions to 

federal regulations published in the July 1, 2009, edition of the Code of Federal 

Regulations and revisions to state administrative rules published in the December 

31, 2009 edition of the ARM. 

The Department believes the integrity of air quality program in Montana is 

maintained in part when the Board adopts and incorporates by reference federal 

regulations, including New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants. This action will ensure that Montana's 

air quality rules are at least as stringent as federal air quality regulations, 

maintain primacy and federal delegation of Montana's air quality program, and 

ensure the timely implementation of emission standards that have been 

developed on the federal level pursuant to a federal program of emissions 

control. 

The Department recommends that the Board adopt the amendment as described 

in the proposed MAR notice published November 12, 2010. 

\\Deqmetclstr3\mirrortest\DEQCLUSTER_UNITSHR\ARMB\AMAP\Rule 

Development\Generai\IBR\2010\2010IBR\HearingTestimony.doc 
Barta, Cline 

L~~= To: 

Madison, Jon [Jon.Madison@mdu.com] 

Monday, December 06, 2010 12:12 PM 

Barta, Oline 

Subject: RE: 17.8.102 Public Hearing 

Thank you! 

From: Barta, Oline [mailto:OBarta@mt.gov] 

Sent: Monday, December 06, 2010 12:58 PM 

To: Madison, Jon 

Subject: RE: 17.8.102 Public Hearing 

Mr. Madison, 

--------------------·---· 

We will have a conference phone set up and attempt to call you at 701-222-7835. The meeting is scheduled to start at 

1:30 p.m. 

Oline Barta 

MT-DEQ}ARMB 

Admin. Support 

406.444.0524 

. From: Madison, Jon [mailto:Jon.Madison@mdu.com] 

( !nt: Monday, December 06, 2010 11:43 AM .,-o: Barta, Oline 

Subject: 17.8.102 Public Hearing 

OlineIs there a conference call in number for this meeting later this afternoon?? I'd like to listen in and take some notes, if not, 

will I be able to obtain the meeting minutes?? 

Thanks 

Jon Madison 

Environmental Scientist 

Montana Dakota Utilities Co. 

701-222-7835 

From: Oline Barta [mailto:obarta@mt.gov] 

Sent: Friday, November 12, 2010 10:45 AM 

To: Krebsbach, Abbie 

Subject: Public Hearing for Proposed ARM Amendment 

~ 

1 
r 

MAR Notice No.: 17-307 

Hearing Location: Metcalf Building, Room 111 

Date & Time: December 6, 2010, 1:35 p.m. 

r 

PUBLIC RULE HEARING SIGN-UP SHEET 

PLEASE PRINT CHECK ONE: 

Name Address Proponent Opponent 

Jon Madison 400 North 4th Street 

Bismarck, ND 58501 

Neutral Testify? 

no 
Brian Schweitzer, Governor 

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov 

OFFICE MEMORANDUM 

TO: Board of Environmental Review 

FROM: David M. Rusoff, DEQ Staff Attorney 

SUBJECT: House Bill 521 and House Bill 311 review for Annual 

Incorporation by Reference (IBR) rulemaking 

DATE: 

ARM Notice No. 17-307 

November 8, 2010 

HB 521 REVIEW 

(Comparing Stringency of State and Local Rules 

to Any Comparable Federal Regulations or Guidelines) 

Sections 75-2-111 and 207, MCA, codify the air quality provisions 

of House Bill 521, from the 1995 legislative session, by requiring 

the Board of Environmental Review to make certain written findings 

after a public hearing and public comment, prior to adopting a rule 

to implement the Clean Air Act of Montana that is more stringent 

than a comparable federal regulation or guideline. 

In this proceeding, the Board is proposing to: 

Amend ARM 17.8.102(1) (a), (b) and (c) by adopting more recent 

versions of the federal regulations, federal statutes, and 

rules of other Department programs and other Montana state 

agencies that are incorporated by reference into the state's 

air quality rules; and 

Amend ARM 17.8.102(3) (d) by deleting the exclusion from 

incorporation by reference of portions of the federal 

standards for Plywood and Composite Wood Products facilities 

that were vacated in 2007 by the D.C. Circuit Court of 

Appeals. 

None of the proposed amendments would make the state rules more 

stringent than comparable federal regulations or guidelines. The 

proposed amendments to ARM 17.8.102(1) would update the Board's air 

quality rules to make them more consistent with federal air quality 

regulations and statutes. The proposed amendment to ARM 

House Bill 521 and House Bill 311 Memo 1 

for Annual Incorporation by Reference Update 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
17.8.102(3) (d) 

reference that 

vacated federal 

Regulations. 

required. 

would delete an exclusion from incorporation by 

no longer is necessary because the referenced 

regulations no longer appear in the Code of Federal 

Therefore, no further House Bill 521 analysis is 

HB 311 REVIEW 

(Assessing Impact On Private Property) 

Sections 2-10-101 through 105, MCA, codify House Bill 311, the 

Private Property Assessment Act, from the 1995 legislative session, 

by requiring that, prior to taking an action that has taking or 

damaging implications for private real property, a state agency 

must prepare a taking or damaging impact assessment. Under Section 

2-10-103 (1), MCA, "action with taking or damaging implications" 

means: 

a proposed state agency administrative rule, policy, or 

permit condition or denial pertaining to land or water 

management or to some other environmental matter that if 

adopted and enforced would constitute a deprivation of 

private property in violation of the United States or 

Montana constitution. 

Section 2-10-104, MCA, requires 

develop guidelines, including a 

determining whether an agency 

implications. 

the Montana Attorney General to 

checklist, to assist agencies in 

action has taking or damaging 

The present proposed action involves rules affecting use of private 

real property, and the Board has discretion legally not to take the 

action. 

I've completed an Attorney General's Private Property Assessment 

Act Checklist, which is attached to this memo. The proposed rule 

amendments would not: 

* result in either a permanent or indefinite physical 

occupation of private property; 

* deprive any owner of all economically viable uses of 

private property; 

* deny a fundamental attribute of private property 

ownership; 

* require a private property owner to dedicate a portion of 

property or grant an easement; 

* have a severe impact on the value of private property; or 

House Bill 521 and House Bill 311 Memo 2 

for Annual Incorporation by Reference Update 
* damage private property by causing a physical disturbance 

with respect to the property in excess of that sustained 

by the public generally. 

Based upon completion of the attached Attorney General's Checklist, 

the proposed rulemaking does not have taking or damaging 

implications, and no further House Bill 311 assessment is required. 

Enc. 

DMR 

House Bill 521 and House Bill 311 Memo 3 

for Annual Incorporation by Reference Update 
Name of Project: Proposed Amendment of Air Quality Incorporation by Reference Rules 

MAR Notice No. 17-307 

PRN ATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRN ATE PROPERTY ASSESSMENT ACT? 

YES NO 

X 1. Does the action pertain to land or water management or environmental regulation 

affecting private real property or water rights? 

X 2. Does the action result in either a permanent or indefinite physical occupation of 

private property? 

X 3. Does the action deprive the owner of all economically viable uses of the property? 

X 4. Does the action deny a fundamental attribute of ownership? (Ex.: right to exclude 

others; right to dispose ofthe property) 

X 5. Does the action require a property owner to dedicate a portion of property or to grant 

an easement? [If the answer is NO, skip questions 5a and 5b and continue with question 

6.] 

5a. Is there a reasonable, specific connection between the government requirement and 

legitimate state interests? 

5b. Is the government requirement roughly proportional to the impact of the proposed 

use of the property? 

X 6. Does the action have a severe impact on the value of the property? (Consider 

economic impact, investment-backed expectations, and the character of the government 

action.) 

X 7. Does the action damage the property by causing some physical disturbance with 

respect to the property in excess of that sustained by the public generally? [If the answer 

is NO, do not answer questions 7a- 7c.] 

7a. Is the impact of government action direct, peculiar, and significant? 

7b. Has government action resulted in the property becoming practically inaccessible, 

waterlogged, or flooded? 

7c. Has government action diminished property values by more than 30% and 

necessitated the physical taking of adjacent property or property across a public way 

from the property in question? 

X Taking or damaging implications? (Taking or damaging implications exist if YES is 

checked in response to question 1 and also to any one or more of the following questions: 

2, 3, 4, 6, 7a, 7b, or 7c; or if NO is checked in response to question 5a or 5b. 

... {..· .''? 

J / 

~)s.~ .... ./'/ 

i-~~l~ ... / / 

Signature ofReviewer 

'r:i 8' J ;0 D e / 
No public comments were received on the 2010 Incorporation by Reference Rule. 
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ) PRESIDING OFFICER REPORT 

ARM 17.8.102 pertaining to incorporation ) 

by reference of current federal regulations ) 

and other materials into air quality rules ) 

1. On December 6, 2010, at 1 :30 p.m., the undersigned Presiding 

Officer conducted the public hearing held in Room Ill of the Metcalf Building, 

1520 East Sixth Avenue, Helena, Montana, to take public comment on the abovecaptioned proposed amendment. The amendments of ARM 17 .8.1 02 adopt more 

recent versions of the federal regulations, federal statutes and rules of other 

Montana state agencies that are incorporated by reference into the state's air 

quality rules. The Board of Environmental Review adopts and incorporates by 

reference federal regulations and statutes, including emissions standards, to ensure 

that Montana's air quality rules are at least as stringent as federal air quality 

regulations in order to maintain primacy and federal delegation of Montana's air 

quality program and to timely implement emission standards developed on the 

federallevel.pursuant to a federal program of emissions control. The amendments 

are also being proposed to update the version of the Administrative Rules of 

Montana incorporated by reference in order to maintain consistency with the 

current rules. 

2. Notice of the hearing was contained in the Montana Administrative 

Register (MAR), Notice No. 17-307, published on November 11, 2010, in Issue 

No. 21. A copy of the notice is attached to this report. (Attachments are provided 

in the same order as they are referenced in this report.) 

3. The Court Reporter, Susan Johnson, of the reporting service of 

Lesosfski Reporting of Helena, MT recorded the hearing. 
4. There were no members of the public who testified at the hearing. 

At the hearing, the Presiding Officer identified and summarized the MAR notice 

and read the Notice of Function of Administrative Rule Review Committee as 

required by Mont. Code Ann.§ 2-4-302(7)(a). 

SUMMARY OF HEARING 

5. Ms. Debra Wolfe, of the Air Resources Management Bureau with 

the Montana Department of Environmental Quality submitted a written statement 

and gave a brief oral summary of the changes at the hearing. (The written 

statement is attached.) 

6. No other written comments were submitted. 

7. A written memorandum was submitted from DEQ staff attorney, 

David M. Rusoffwith HB 521 and HB 311 reviews ofthe proposed amendments 

and a Private Property Assessment Act Checklist. (Mr. Rusoffs memorandum is 

attached to this report.) 

8. None of the proposed amendments would make the state rules more 

stringent than comparable federal regulations or guidelines. No further HB 521 

analysis is required. 

9. With respect to HB 311 (the Private Property Assessment Act, Mont. 

Code Ann.§§ 2-10-101 through 105), the State is required to assess the taking or 

damaging implications of a proposed rule or amendments affecting the use of 

private real property. This rulemaking affects the use of private real property. A 

Private Property Assessment Act Checklist was prepared, which shows that the 

proposed amendments do not have taking or damaging implications. Therefore, 

no further assessment is required. 

10. The period to submit comments ended at 5 p.m. on December 13, 

2010. 
PRESIDING OFFICER COMMENTS 

11. The Board has jurisdiction to make the proposed amendments. See 

Mont. Code Ann.§ 75-2-111. 

12. The conclusions in the memorandum of Mr. Rusoff concerning 

House Bill 521 ( 1995) and House Bill 311 ( 1995) are correct. 

13. The procedures required by the Montana Administrative Procedure 

Act, including public notice, hearing, and comment, have been followed. 

14. The Board may adopt the proposed rule amendments, reject them, or 

adopt the rule amendments with revisions not exceeding the scope of the public 

notice. 

15. Under Mont. Code Ann.§ 2-4-305(7), for the rulemaking process to 

be valid, the Board must publish a notice of adoption within six months of the date 

the Board published the notice of proposed rulemaking in the Montana 

Administrative Register, or by May 12, 2011. 

Dated this 2.0 day of January, 2011. 

KATHERINE J. ORR 

Presiding Officer 
1 

2 

3 

4 

5 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

THE STATE OF MONTANA 

6 In the matter of the amendment 

of ARM 17.8.102 pertaining to 

7 incorporation by reference of 

current federal regulations and 

8 other materials into air quality 

rules 

9 

10 

11 

12 

13 TRANSCRIPT OF PROCEEDINGS 

14 

15 On the 6th day of December, 2010, beginning 

16 at 1:35 PM, the above-referenced matter was 

17 heard at the Department of Environmental Quality, 

18 152 East Sixth Avenue, Helena, Montana, before 

19 Susan Johnson, Court Reporter, Notary Public. 

20 

21 

22 

23 

24 

25 

LESOFSKI COURT REPORTING, INC., 406-443-2010 

1 
1 A P P E A R A N C E S 

2 

3 KATHERINE ORR 

BOARD COUNSEL 

4 

DEBRA WOLFE 

5 AIR RESOURCES MANAGEMENT BUREAU 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

LESOFSKI COURT REPORTING, INC., 406-443-2010 

2 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

L 25 

Transcript of Proceedings 

Thereupon: 

MS. ORR: Good afternoon, my name is 

Katherine Orr. I am the counsel for the Board of 

Environmental Review, and I've been asked to preside 

over this hearing. The hearing is called to order at, 

let the record reflect, 1:35 on December 6th. The 

hearing is taking place in Room 111 of the Metcalf 

3 

Building in Helena, Montana. This is the time and place 

set for the rulemaking hearing in the matter of the 

proposed amendment of 17.8.102 ARM pertaining to 

incorporation by reference of current federal 

regulations and other materials into air quality rules. 

Section 2-4-3027 of the Montana Code 

Annotated requires me to read the notice of function of 

the administrative rule review committee. It is as 

follows: Notice of function of administrative rule 

review committee, interim committees and the 

Environmental Quality Council. 

Administrative rule review is a function of 

interim committees and the Environmental Quality 

Council, EQC. These interim committees and the EQC have 

administrative rule review, program evaluation and 

monitoring functions for the following executive branch 

agencies and the entities attached to agencies for 

administrative purposes: Economic Affairs interim 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
Transcript of Proceedings 

1 committee. The Department of Agriculture, the 

2 Department of Commerce, the Department of Labor and 

3 Industry, the Department of Livestock, Office of the 

4 State Auditor and Insurance Commissioner and Office of 

5 Economic Development, the Education and Location 

6 Government interim committee, the State Board of 

7 Education, Board of Public Education, Board of Regents 

8 of Higher Education and Office of Public Instruction, 

9 the Children, Families, Health and Human Services 

4 

10 interim committee, the Department of Public Health and 

11 Human Services, Law and Justice interim committee, the 

12 Department of Corrections and the Department of Justice, 

13 Energy and Telecommunications interim committee, 

14 Department of Public Service Regulation, Revenue and 

15 Transportation interim committee, the Department of 

16 Revenue and the Department of Transportation, the State 

17 Administration and Veterans Affair interim committee, 

18 the Department of Administration, the Department of 

19 Military Affairs and the Office of the Secretary of 

20 State, the Environmental Quality Council, the Department 

21 of Environmental Quality, the Department of Fish, 

22 Wildlife and Parks and the Department of Natural 

23 Resources and Conservation. 

24 

25 

These interim committees and the EQC have the 

authority to make recommendations to an agency regarding 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
'---

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Transcript of Proceedings 

the adoption, amendment or repeal of a rule or to 

request that the agency prepare a statement of the 

estimated economic impact of a proposal. They may poll 

the members of the Legislature to determine if a 

proposed rule is consistent with the intent of the 

Legislature or, during a legislative session, introduce 

a bill repealing the rule or directing an agency to 

adopt or amend a rule or joint resolution recommending 

that an agency adopt, amend or repeal a rule. 

The interim committees and the EQC welcome 

comments and invite members of the public to appear 

before them or to send written statements in order to 

bring to their attention any difficulties with the 

5 

existing or proposed rules. The mailing address is P.O. 

Box 201706, Helena, Montana 59620-1706. The Notice of 

this Hearing was published in the Montana Administrative 

Register, MAR Notice No. 17-307 on November 11th, 2010, 

Issue No. 21, as required by ARM 1.3.311 of the 

Secretary of State's model rules, which have been 

adopted by the Board and Department. 

I am required to summarize the major 

provisions of the hearing notice. The proposed rule 

amendment would affect sources of air pollution subject 

to regulation under the Air Quality Rules and ARM 17.8 

that are subject to revisions in the July 1st, 2009 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
Transcript ofProceedings 

1 edition of the CFR, the 2006 editions and the 2009 

2 supplement to the United States Code and the 

6 

3 December 31st, 2009 editions of the Administrative Rules 

4 of Montana. 

5 And I took that summary from a notice that 

6 was prepared by the Department, and it might be almost 

7 verbatim, but I thought that was the best summary of the 

8 amendment. 

9 Paragraph 4 of the hearing notice indicates 

10 that interested persons may submit their data, views or 

11 arguments either orally or in writing at this hearing. 

12 The notice also indicates that individuals may submit 

13 written data, views or arguments to the Department of 

14 Environmental Quality and, in this case, the Board of 

15 Enviromental Review no later than 5:00 PM on 

16 December 13th, 2010. To be guaranteed consideration, 

17 mailed comments must be postmarked on or before that 

18 date. 

19 I will ask at this time the Department's 

20 representative to provide a statement regarding the 

21 proposed amendment. And it looks like there is no one 

22 else who wishes to testify, so it looks like we'll hear 

23 

24 

25 

from the Department unless anyone else does wish to 

testify. Here for the Department is Deb Wolfe. 

MS. WOLFE: Thank you, Katherine. 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
\.., 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Transcript of Proceedings 

7 

For the record, my name is Debra Wolfe, and I 

work in the Air Resources Management Bureau. I'm here 

today to represent the Department regarding action on 

the proposed incorporation by reference rulemaking. 

As a state with authority and delegation for 

the administration of various federal air quality 

programs, Montana maintains primacy in part by adopting 

and implementing the most current federal regulatory 

provisions. The Department is supporting the Board's 

proposal to amend ARM 17.8.102 to adopt revisions to 

federal regulations published in the July 1st, 2009 

edition of the Code of Federal Regulations and revisions 

to state administrative rules published in the 

December 31st, 2009 edition of the ARM. 

The Department believes the integrity of air 

quality programs in Montana is maintained in part when 

the Board adopts and incorporates by reference federal 

regulations, including the New Source Performance 

Standards and National Emission Standards for Hazardous 

Air Pollutants. This action will ensure that Montana's 

air quality rules are at least as stringent as federal 

air quality regulations, maintain primacy and federal 

delegation of Montana's air quality program, and ensure 

the timely implementation of emission standards that 

have been developed on the federal level pursuant to a 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
Transcript of Proceedings 

1 federal program of emissions control. 

2 The Department recommends that the Board 

3 adopt the amendment as described in the proposed MAR 

4 notice published November 12th, 2010. 

5 

6 

Thank you. 

MS. ORR: Thank you. 

8 

7 At this time, is there anyone else who wishes 

8 to present testimony? There being none, I'm going to go 

9 ahead and close the hearing. Thank you everybody for 

10 your attendance. 

11 (Whereupon, the taking of the hearing was concluded at 

12 1: 4 0 PM.) 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
1 

L. " 

3 C E R T I F I C A T E 

4 

5 

6 

7 I, Susan Johnson, Court Reporter, do hereby 

8 certify: 

9 That the witness in this foregoing deposition was 

10 first duly sworn by me in the foregoing cause, that the 

11 deposition was then taken before me at the time and place 

12 herein named, that the deposition was reported by me and that 

13 the foregoing pages contain a true record of the ---

14 

15 

testimony of the witness to the best <(f,,my ability. 

DATED this r:~) 11 day of ~~1/LLlt/r-iolo 

16 

17 

18 

19 SUSAN JOHNSON 

20 

21 

22 

23 

L 24 

25 
Before the Board of Environmental Review 

Transcript of Proceedings 

December 6 2010 ' 

4:4 Corrections (1) Energy (1) 

1 A authority (2) 4:12 4:13 

4:25;7:5 Council (3) ensure (2) 

1.3.311 (1) action (2) 3:18,21;4:20 7:20,23 

5:18 7:3,20 B counsel (1) entities (1) 

1:35 (1) address (1) 3:3 3:24 

3:6 5:14 believes (1) current (2) Enviromental (1) 

1:40 (1) Administration (3) 7:15 3:11;7:8 6:15 

8:12 4:17,18;7:6 best (1) Environmental (6) 

111 (1) administrative (8) 6:7 D 3:4, 18,20;4:20,21; 

3:7 3:15,16, 19,22,25; bill (1) 6:14 

11th (1) 5:16;6:3;7:13 5:7 data (2) EQC (4) 

5:17 adopt (4) Board (8) 6:10,13 3:21,21;4:24;5:10 

12th (1) 5:8,9;7:10;8:3 3:3;4:6,7,7;5:20;6:14; date (1) estimated (1) 

8:4 adopted (1) 7:17;8:2 6:18 5:3 

13th (1) 5:20 Board's (1) Deb (1) evaluation (1) 

6:16 adopting (1) 7:9 6:24 3:22 

17.8(1) 7:7 Box (1) Debra (1) everybody (1) 

5:24 adoption (1) 5:15 7:1 8:9 

17.8.102 (2) 5:1 branch (1) December ( 4) executive (1) 

3:10;7:10 adopts (1) 3:23 3:6;6:3,16;7:14 3:23 

17-307(1) 7:17 bring (1) delegation (2) existing (1) 

5:17 Affair (1) 5:13 7:5,23 5:14 

lst(2) 4:17 Building (1) Department (24) 

5:25;7:11 Affairs (2) 3:8 4: 1,2,2,3, 10,12,12, 14, F 

3:25;4:19 Bureau (1) 15, 16, 18,18,20,21 ,22; 

2 affect (1) 7:2 5 :20;6:6, 13,23,24;7:3,9, Families (1) 

5:23 15;8:2 4:9 

2006 (1) afternoon (1) c Department's (1) federal (10) 

6:1 3:2 6:19 3:11 ;7:6,8, 11' 12,17, 

2009 (5) agencies (2) called (1) described (1) 21,22,25;8:1 

5:25;6:1,3;7:11,14 3:24,24 3:5 8:3 Fish (1) 

2010 (3) agency (4) case (1) determine (1) 4:21 

5: 17;6: 16;8:4 4:25;5:2,7,9 6:14 5:4 following (1) 

201706 (1) Agriculture (1) CFR (1) developed (1) 3:23 

5:15 4:1 6:1 7:25 follows (1) 

21 (1) ahead (1) Children (1) Development (1) 3:16 

5:18 8:9 4:9 4:5 function (3) 

2-4-3027 (1) air (10) close (1) difficulties (1) 3:14,16,19 

3:13 3: 12;5:23,24;7:2,6, 15, 8:9 5:13 functions (1) 

20,21,22,23 Code (3) directing (1) 3:23 

3 almost (1) 3:13;6:2;7:12 5:7 

6:6 comments (2) during (1) G 

31st (2) amend (3) 5:11;6:17 5:6 

6:3;7:14 5:8,9;7:10 Commerce (1) Good (1) 

amendment (6) 4:2 E 3:2 

4 3:10;5:1,23;6:8,21; Commissioner (1) Government (1) 

8:3 4:4 Economic (3) 4:6 

4 (1) Annotated (1) committee (9) 3:25;4:5;5:3 guaranteed (1) 

6:9 3:14 3: 15,17;4: 1,6,10, 11, edition (3) 6:16 

appear (1) 13,15,17 6:1;7:12,14 

s 5:11 committees (5) editions (2) H 

arguments (2) 3:17,20,21;4:24;5:10 6:1,3 

5:00 (1) 6:11,13 concluded (1) Education (4) Hazardous (1) 

6:15 ARM(5) 8:11 4:5,7,7,8 7:19 

59620-1706 (1) 3:10;5:18,24;7:10, 14 Conservation (1) either (1) Health (2) 

5:15 attached (1) 4:23 6:11 4:9,10 

3:24 consideration (1) else (3) hear (1) 

6 attendance (1) 6:16 6:22,23;8:7 6:22 

8:10 consistent (1) Emission (2) hearing (10) 

6th (1) attention (1) 5:5 7:19,24 3 :5,5, 7,9;5: 16,22;6:9, 

3:6 5:13 control (1) emissions (1) 11;8:9,11 

Auditor (1) 8:1 8:1 Helena (2) 

LESOFSKI COURT REPORTING, INC., 406-443-2010 (1) 1.3.311 -Helena 
r 

~ 

L 

L 

Before the Board of Environmental Review 

5:23 6:7 

Standards (3) Veterans (1) 

7:19,19,24 4:17 

State (6) views (2) 

4:4,6,16,20;7:5,13 6:10,13 

statement (2) 

5:2;6:20 w 

statements (1) 

5:12 welcome (1) 

States (1) 5:10 

6:2 Whereupon (1) 

State's (1) 8:11 

5:19 Wildlife (1) 

stringent (1) 4:22 

7:21 wish (1) 

subject (2) 6:23 

5:23,25 wishes (2) 

submit (2) 6:22;8:7 

6:10,12 Wolfe (3) 

summarize (1) 6:24,25;7: 1 

5:21 work (1) 

summary (2) 7:2 

6:5,7 writing (1) 

supplement (1) 6:11 

6:2 written (2) 

supporting (1) 5:12;6:13 

7:9 

T 

Telecommunications (1) 

4:13 

testify (2) 

6:22,24 

testimony (1) 

8:8 

Thereupon (1) 

3:1 

thought (1) 

6:7 

timely (1) 

7:24 

today (1) 

7:3 

took (1) 

6:5 

Transportation (2) 

4:15,16 

u 

under (1) 

5:24 

United (1) 

6:2 

unless (1) 

6:23 

v 

various (1) 

7:6 

verbatim (1) 

LESOFSKI COURT REPORTING, INC., 406-443-2010 

Transcript of Proceedings 

December 6, 2010 

(3) Standards - written 
.lk£oncana 

Board of Environmental Review P. 0. Box 200901 • Helena. MT 59620-0901 • (406) 444-2544 • Vlfebsite: WW'W.dorq.state.mt.us 

TELECONFERENCE AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, JANUARY 28, 2011 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH A VENUE, HELENA, MONT ANA 

********************************************************** 

N01E: Individual agenda items are not assigned specific times. For public notice purposes, the meeting will begin no earlier than the time 

specified; however, the Board might not address the specific agenda items in the order they are scheduled It is expected that most or all 

available Board members will be participating via te/ecoriference. The Board's attorney and secretary will be present at the location stated 

above. Interested persons, members of the public, and the media are welcome to attend at the location stated above. Members of the public 

and press also may join Board members with prior arrangement. Contact information for the Board members is available from the Board 

secretary at (406) 444-2544 or at http:/lwww.deq.mtgovrberlindex.asp. The Board will make reasonable accommodations for persons with 

disabilities who wish to participate in this meeting. Please contoct the Board Secretary by telephone or by e-mail at iwjttenberg@Jnt.gov no 

later than 24 hours prior to the meeting to advise her of the nature of the accommodation )011 need 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

1. December 3, 2010, Board meeting. 

II. BRIEFING ITEMS 

A. CONTESTED CASE UPDATE 

1. Cases assigned to Hearing Officer Katherine Orr 

a. In the matter of CR Kendall Corporation's request for a hearing to appeal DEQ's 

decision to deny a minor permit amendment under the Metal Mine Reclamation 

Act, BER 2002-09 MM. On January 12, 2010, the Department filed a status report in the 

case stating that the parties agree that the case should continue to be stayed. 

b. In the matter of the Notice of Violations of the Montana Water Quality· Act by 

North Star Aviation, Inc. at Ravalli County Airport, Ravalli County, BER 2009-10 

WQ. On December 21, 2010, a status conference was held via telephone. The 

Department moved for entry of an order requiring Appellant to retain legal counsel. An 

Order Requiring Appellant to Obtain Legal Counsel was issued on January 10, 2011. 

c. In the matter of the request for hearing regarding the revocation of certificate of 

approval ES#34-93-C1-4 for the Fort Yellowstone Subdivision, Park County, BER 

2009-20/22 SUB. On January 6, 2011, the Board received a Proposed Schedule from 

DEQ, proposing a hearing the week of June 20, 2011. Hearing Examiner Katherine Orr 

issued the First Scheduling Order on January 11, 2011. 

d. In the matter of violations of the Montana Underground Storage Tank Act by 

Jeanny Hlavka, individually and d/b/a J.R. Enterprise, LLC, at the Fort Peck 

Station, 301 Missouri Avenue, Fort Peck, Valley County, BER 2010-08 UST. On 

November 17, 2010, the Board received a Motion for Additional Time on Joinder and Brief 

in Support from the Petitioner's attorney, requesting until December 3, 2010, the close of 

discovery, to determine whether to join the city of Fort Peck to this action. A hearing is 

scheduled for March 8, 2011. On January 4, 2011, the Department filed The Department's 

Motion for Summary Judgment. 

Page 1 of3 
e. In the matter of the appeal and request for hearing by Roseburg Forest Products 

Co. of DEQ's Notice of Final Decision regarding Montana Ground Water Pollution 

Control System Permit No. MTX000099, BER 2010-09 WQ. A hearing is set for 

February 28, 20Il. 

f. In the matter of the appeal and request for hearing by Holcim Incorporated 

regarding the DEQ's Notice of Final Decision for MPDES Permit No. MT 0000485, 

BER 2010-13 WQ. On December IO, 20IO, Ms. Orr issued a Third Order Granting 

Extension giving the parties until January 24, 20II, to reach settlement or file a proposed 

hearing schedule. 

g. In the matter of violations of the Public Water Supply Laws by Gregory C. 

MacDonald at Highwood Mobile Home Park, PWSID #MT0004681, Cascade 

County, Montana, BER 2010-14 PWS. Ms. Orr issued a First Scheduling Order on 

December I 0, 2010, setting the hearing for May I8, 20 II. 

h. In the matter of the appeal and request for hearing by Ronald and Debbie Laubach 

regarding the DEQ's final decision to amend the MATL's certificate of compliance, 

BER 2010-15 MFS. Ms. Orr, issued a First Prehearing Order on November I8, 2010. 

On November 24, 2010, the Board received MATL 's Motion to Intervene and MATL 's 

Combined Motion, in BER 2010-15 and 2010-16, to Dismiss, and Brief in Support. On 

December 6, 20IO, the Board received a Proposed Scheduling Order from MATL. The 

petitioners submitted a letter on December 9, 2010, agreeing to join and to have Ms. Orr 

be the hearing examiner, and agreeing to the dates set forth in the December 7, 2010, 

First Scheduling Order. On December 22, 20 I 0, the Board received MATL 's Reply Brief 

in Support of its Motion to Dismiss the Laubach Appeal and on December 29, 2010,the 

Board received Intervenor MATL 's List of Potential Witnesses and Exhibits. On January 

3, 2011, the Board received Appellant Laubach's List of Potential Witnesses and 

Exhibits. On January 6, 2011, a hearing on MATL's Motion to Dismiss was held. On 

January 7, 2011, an Order for Additional Briefing was issued. On January 11, 201I, the 

Board received Notice of Deposition of Ronald Laubach from MATL. 

i. In the matter of the appeal and request for hearing by Maurer Farms, Inc.; 

Somerfeld & Sons Land & Livestock, LLC; Larry Salois, POA; Jerry McRae; and 

Katrina Martin regarding the DEQ's final decision to amend the MATL's 

certificate of compliance, BER 2010-16 MFS. Ms. Orr, issued a First Prehearing Order 

on November 18, 2010. On November 24, 2010, the Board received MATL 's Motion to 

Intervene and MATL 's Combined Motion, in BER 2010-15 and 2010-16, to Dismiss, and 

Brief in Support. On December 6, 2010, the Board received a Proposed Scheduling Order 

from MA TL. Ms. Orr issued an Order Granting Motion to Intervene and First 

Scheduling Order on December 10, 2010. On December 22, 2010, the Board received an 

Unopposed Motion to Amend Scheduling Order from MA TL. An Amended Scheduling 

Order was issued on January 11, 2011. Oral argument on MATL's Motion to Dismiss is 

set for February 3, 2011. 

j. In the matter of violations of the Montana Strip and Underground Mine 

Reclamation Act by Signal Peak Energy, LLC at Bull Mountain Mine #1, Roundup, 

Musselshell County, Montana, BER 2010-17 SM. Ms. Orr, issued a First prehearing 

Order on October 25, 2010. On November 8, 2010, the Board received a Notice of 

Appearance and an Unopposed Motion for Extension of Time from the appellant's 

attorney. On January 11,2011, the Unopposed Motion for Extension was granted. 

k. In the matter of the appeal and request for hearing by Meat Production Inc., a.k.a. 

Stampede Packing Co., regarding the DEQ's notice of final decision for Montana 

BERAgenda Page 2 of3 January 28, 2011 
Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. Ms. Orr issued a First Prehearing Order on November 18,2010. 

2. Other Contested Case Briefings 

a. In the matter of violations of the Montana Underground Storage Tank Act by 

Juniper Hill Farm, LLC, at Lakeside General Store, Lewis and Clark County, BER 

2009-18 UST. At its December 3, 2010, meeting, the Board reviewed the exceptions, 

response to exceptions, and supplemental response to exceptions on the Proposed Order on 

Penalty, and approved the proposed order. On January 13,2011, the Board received Request 

for Rehearing from Juniper Hill, requesting a hearing date after February. 

III. ACTION ITEMS 

A. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

1. In the matter of the amendment of ARM 17.38.204 to correct the adoption by reference of 40 

Code of Federal Regulations (CFR), Part 141.64(a)(l) which inadvertently excluded the 

adoption of 40 CFR, Part 141.64(a). Montana must adopt language that is at least as stringent 

as this federal requirement in order to maintain primacy for the Safe Drinking Water Act 

within the state of Montana. 

2. In the matter of the update of the Air Quality Incorporation by Reference Rules at ARM 

17.8.102. 

B. NEW CONTESTED CASE APPEALS 

1. In the matter of violations of the Montana Strip and Underground Mine Reclamation 

Act by Signal Peak Energy, LLC, at Bull Mountain Mine #1, Roundup, Musselshell 

County, BER 2010-19 SM. The Board received the appeal on December 3, 2010. Interim 

Hearings Examiner Ms. Orr issued the First Prehearing Order on December 23, 2010. The 

Board may appoint a permanent hearings examiner or decide to hear the matter. 

2. In the matter of violations of the Montana Public Water Supply Laws by Bellecreeke, 

LLC, at Belle Creeke Dental, PWSID #MT0004553, Butte, Silver Bow County, BER 

2010-20 PWS. The Board received the appeal on December 21, 2010. The Board may 

appoint a permanent hearings examiner or decide to hear the matter. A First Prehearing 

Order was issued on January 10,2011. 

3. In the matter of violations of the Montana Strip and Underground Mine Reclamation 

Act by Carbon County Holdings, LLC, at Carbon County Holdings, Carbon County, 

BER 2011-01 SM. The Board received the appeal on January 13, 2011. The Board may 

appoint a permanent hearings examiner or decide to hear the matter. 

C. FINAL ACTION ON CONTESTED CASES 

1. In the matter of violations of the Clean Air Act of Montana by Todd Michael Mihalko, 

Jefferson County, Montana, BER 2010-10 AQ. On November 30,2010, the Board received 

a Stipulation to Dismiss, signed by the parties. An order to dismiss the case will be presented 

for signature. 

IV. GENERAL PUBLIC COMMENT 

Under this item, members of the public may comment on any public matter within the jurisdiction of 

the Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings 

are not public matters on which the public may comment. 

V. ADJOURNMENT 

BERAgenda Page 3 of3 January 28, 2011 
~ 

I 1 

IL 2 

3 

I 4 

5 

I 6 

I 7 

8 

I 9 

10 

I 11 

I 12 

13 

I~ 14 

I 15 

16 

I 17 

18 

I 19 

I 20 

21 

I 22 

I 23 

24 

I 25 

I L 

I 

another executive summary request for rule 

adoption regarding ARM 17.8.102. 

MR. LIVERS: Mr. Chairman, another 

incorporation by reference this morning. Deb 

Wolfe will be here for this one. 

MS. WOLFE: Thank you. Good morning. 

For the record, my name is Debra Wolfe, and I work 

in the Air Resources Management Bureau. I'm here 

today to represent the Department reg~rding action 

on the proposed incorporation by reference 

rulemaking. 

As a state with authority in delegation 

for the administration of various federal air 

quality programs, Montana maintains its primacy in 

part by adopting and implementing the most current 

federal regulatory provisions. The Department 

supports the Board's proposal to amend ARM 

17.8.102 to adopt revisions to federal regulations 

published in the July 1st, 2009 edition of the 

Code of Federal Regulations,· and revisions to 

State Administrative Rules published in the 

December 31st, 2009 edition of the ARM. 

The Department believes the integrity of 

air quality programs in Montana is maintained in 

part when the Board adopts and incorporates by 

LAURIE CRUTCHER, RPR 

406-442-8262 8 
1 reference federal regulations, including new 

2 source performance standards and national emission 

3 standards for hazardous air pollutants. 

4 This action will ensure that Montana's 

5 air quality rules are at least as stringent as 

6 federal air quality regulations, maintain primacy 

7 and federal delegation of Montana's air quality 

8 program, and ensure the timely implementation of 

9 emission standards that were developed on the 

10 federal level pursuant to a nationwide program of 

11 emission control. 

12 The Department held a hearing on this 

13 matter on December 6th, 2010. No comments were 

14 received. The Department recommends that the 

15 Board adopt the amendment as described in the 

16 proposed MAR notice published November 12th, 2010. 

17 Thank you. 

18 CHAIRMAN RUSSELL: Thanks, Deb. 

19 Questions for the Department from the Board? 

20 (No response) 

21 CHAIRMAN RUSSELL: Anyone out there in 

22 the audience that wants to speak to this matter 

23 before we take this up? 

24 

25 

MR. LIVERS: No, Mr. Chairman. 

CHAIRMAN RUSSELL: 

LAURIE CRUTCHER, RPR 

406-442-8262 

Thanks, Tom. With 

9 
I 

IL 

I 

I 

14..... 

I 

I 

I 

I 

I 

I 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

that in mind, I will entertain a motion to adopt 

as requested, accept the Presiding Officer's 

report, the House Bill 521 and 311 analysis, and 

that would be it. Is there a motion? 

MS. KAISER: So moved. 

CHAIRMAN RUSSELL: It's been moved by 

Heidi. Is there a second? 

MR. MILLER: This is Miller. I'll 

second it. 

CHAIRMAN RUSSELL: It's been seconded by 

Marv. Further discussion? 

(No response) 

CHAIRMAN RUSSELL: Hearing none, all 

those in favor, signify by saying aye. 

(Response) 

CHAIRMAN RUSSELL: Opposed. 

(No response) 

CHAIRMAN RUSSELL: Motion carries 

unanimously. All right. The next item on the 

agenda are new contested case appeals. Katherine; 

MS. ORR: Mr. Chairman, members of the 

Board, the first case that carne in is a case out 

of Roundup, Signal Peak Energy at Bull Mountain 

Mine No. 1. It involves an underground coal mine. 

And the violation consists of these 

LAURIE CRUTCHER, RPR 

406-442-8262 10 
Go.als._~ 

[)EQ 8fJsin.S, ~ses 

Non~Oiscrirhinatioft in Services 

Utilization Plan. . '· 

Minion & Guidiflt Priaciplu 

BQ•rd ofe.Yironmental Review 

Petm8Qm Soanl 

Advi~~ly Col!neiJ• 

Afftll~ Otg~s 

Repo~ Pollutioft 

Negotiated Notices 

Final Adootion Notices 

Emerqencv Notice-s 

Director's Office 

Download Adobe Reader 

1.7) 

Adminidrative Rules of Montaaa 

Final Notice of Rulemaking 

2/~1/11 

2/11/11 

10/15/10 

n 

tons 

8/27/10 

8/13/10 

I Not!ce of Amendment {Underground Storaae Tanks- MAR 

Nottce No. 17-306) 
-143-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.102 pertaining to incorporation by ) 

reference of current federal regulations ) 

and other materials into air quality rules ) 

NOTICE OF AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On November 12, 2010, the Board of Environmental Review published 

MAR Notice No. 17-307 regarding a notice of public hearing on proposed 

amendment of the above-stated rule at page 2636, 2010 Montana Administrative 

Register, issue number 21. 

2. The board has amended the rule exactly as proposed. 

3. No public comments or testimony were received. 

Reviewed by: 

/s/ David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

By: /s/ Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H. 

Chairman 

Certified to the Secretary of State, January 31, 2011. 

3-2/10/11 Montana Administrative Register 
AIR QUALITY 17.8.102 

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) In this chapter where the board has: 

(a) adopted a federal regulation by reference, the reference is to the July 1, 

2009, edition of the Code of Federal Regulations (CFR); 

(b) adopted a section of the United States Code (USC) by reference, the 

reference is to the 2006 edition of the USC and Supplement II (2009); 

(c) adopted another rule of the department or of another agency of the state 

of Montana by reference, the reference is to the December 31, 2009, edition of the 

Administrative Rules of Montana (ARM). 

(2) For purposes of this chapter, the following subparts, or portions thereof, 

of 40 CFR Part 60, are excluded from incorporation by reference: 

(a) 40 CFR 60, Subpart CCCC, Standards of Performance for Commercial 

and Industrial Solid Waste Incineration Units for which Construction is Commenced 

After November 30, 1999, or for which Modification or Reconstruction is 

Commenced on or After June 1, 2001 (40 CFR 60.2000 through 60.2265, and all 

associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit 

Court of Appeals, D.C. Circuit, ruling; and 

(b) 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance 

Times for Coal-fired Electric Steam Generating Units. 

(3) For purposes of this chapter, the following subparts, or portions thereof, 

of 40 CFR Part 63 are excluded from incorporation by reference: 

(a) 40 CFR 63, Subpart JJJJJ, National Emission Standards for Hazardous 

Air Pollutants for Brick and Structural Clay Products Manufacturing (40 CFR 63.8380 

through 63.8515, and all associated appendices and tables), as vacated March 13, 

2007, by the U.S. Circuit Court of Appeals, D.C. Circuit; 

(b) 40 CFR 63, Subpart KKKKK, National Emission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, 

and all associated appendices and tables), as vacated March 13, 2007, by the U.S. 

Circuit Court of Appeals, D.C. Circuit; and 

(c) 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous 

Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process 

Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and 

tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit. 

(History: 75-2-111, MCA; IMP, Title 75, chapter 2, MCA; NEW, 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, 1998 MAR p. 1725, Eff. 6/26/98; AMD, 1999 MAR p. 2250, Eff. 

10/8/99; AMD, 2000 MAR p. 2696, Eff. 10/6/00; AMD, 2001 MAR p. 1468, Eff. 

8/10/01; AMD, 2002 MAR p. 1747, Eff. 6/28/02; AMD, 2003 MAR p. 645, Eff. 

4/11/03; AMD, 2004 MAR p. 724, Eff. 4/9/04; 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, 2008 MAR p. 2267, Eff. 10/24/08; AMD, 2009 MAR p. 411, Eff. 4/17/09; AMD, 

2009 MAR p. 1784, Eff. 10/16/09; AMD, 2011 MAR p. 143, Eff. 2/11/11.) 

ADMINISTRATIVE RULES OF MONTANA 3/31/11 17-233 
PUBLIC NOTICE 

ARM 17.8.102 

1) The Department of Environmental Quality is inviting public comment on the 

submission of administrative rules into the Montana State Implementation Plan 

(SIP). 

2) The air quality rule proposed to be submitted is ARM 17 .8.1 02 as adopted by 

the Board of Environmental Review on January 28, 2011. 

3) The Department will be accepting public comment regarding the proposal to 

include ARM 17.8.102 (as revised on 1/28/2011) into the SIP. 

4) Any person may request public hearing on this matter. If the Department 

receives a request for public hearing, a public hearing on this matter will be 

scheduled and the time for that hearing will be announced and another 30 day 

time period for submitting comment will begin. 

5) Interested persons may view the rule on the Department's website at: 

http://deg.mt.gov/pubcom.mcpx or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

6) The State of Montana makes reasonable accommodations for any known 

disability that may interfere with a person's ability to participate in state 

government proceedings. Persons needing accommodation must contact Oline 

Barta to advise of the nature of the accommodation you need. Please contact 

Ms. Barta at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-

0524; fax (406) 444-1499; or email "obarta@mt.gov." 

7) Interested parties may submit their comments concerning the proposal 

described above in writing to the Department by 

• addressing them to Oline Barta, 1520 E. Sixth Avenue, P .0. Box 200901, 

Helena, Montana, 59620-0901; 

• faxing them to (406) 444-1499; or 

• sending them via email addressed to "obarta@mt.gov." 

To be guaranteed consideration, written comments must be postmarked on or 

before 5:00p.m., July 18, 2011. 
Montana Department of 

ENviRONMENTAL ALITY Brian Schweitzer, Governor 

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov 

DATE: June 10,2011 

TO: Air Interested Parties 

FROM: Montana Department of Environmental Quality 

Air Resources Management Bureau 

RE: Invitation for Public Comment on Submission to EPA of Incorporation 

By Reference (IBR) Rule Change into the State Implementation Plan 

(SIP) 

Both the public notice and the text of ARM17.8.102 are included in this mailing. 

PUBLIC NOTICE 

ARM 17.8.102 

1) The Department of Environmental Quality is inviting public comment on the 

submission of administrative rules into the Montana State Implementation Plan 

(SIP). 

2) The air quality rule proposed to be submitted is ARM 17.8.102 as adopted by 

the Board of Environmental Review on January 28, 2011. 

3) The Department will be accepting public comment regarding the proposal to 

include ARM 17.8.102 (as revised on 1/28/2011) into the SIP. 

4) Any person may request public hearing on this matter. If the Department 

receives a request for public hearing, a public hearing on this matter will be 

scheduled and the time for that hearing will be announced and another 30 day 

time period for submitting comment will begin. 

5) Interested persons may view the rule on the Department's website at: 

http://deg.mt.gov/pubcom.mcpx or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

6) The State of Montana makes reasonable accommodations for any known 

disability that may interfere with a person's ability to participate in state 

government proceedings. Persons needing accommodation must contact Oline 

Barta to advise of the nature of the accommodation you need. Please contact 

Enforcement Division o Permitting & Compliance Division o Planning, Prevention & Assistance Division o Remediation Division 
Ms. Barta at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-

0524; fax (406) 444-1499; or email "obarta@mt.gov." 

7) Interested parties may submit their comments concerning the proposal 

described above in writing to the Department by 

• addressing them to Oline Barta, 1520 E. Sixth Avenue, P.O. Box 200901, 

Helena, Montana, 59620-0901; 

• faxing them to (406) 444-1499; or 

• sending them via email addressed to "obarta@mt.gov." 

To be guaranteed consideration, written comments must be postmarked on or 

before 5 p.m. [date]. 
10-Jun-11 

\...,. EmaiiAddr_ Full Name -

2horses@nemontel.net Debbie Madison 

Sfriendlyfish@bresnan.net Jack & Pamela Emard 

Abbie.Krebsbach@mdu.com Abbie Krebsbach 

a cia rk27 @bloomberg.net Aaron Clark 

adam.poll@tetratech.com Adam Poll 

aday@trinityconsultants.com Aaron Day 

afanderson@fs.fed.us Anna Anderson 

ahedges@meic.org Anne Hedges 

alexanderrr@cdm.com Bob Alexander 

allen@allen-associatesmt.com Don Allen 

andrea.perez@hexion.com Andrea 

apack@all4inc.com Amy Pack 

astecpermits@gmail.com Catherine 

aussie_northcott@hotmail.com robert 

azzie_301@hotmail.com k 

bayxie@aol.com eddy 

bdhohn@hohneng.com Brian Hohn 

bdundas@truecos.com Bob Dundas 

beamman6056@msn.com Anderson 

benjamin.recker@tetratech.com Ben Recker 

\...,. berrysoup@yahoo.com bonita 

beth_dickerson@fws.gov beth dickerson 

bettylu@blackfoot.net Jim Young 

bha beck@ mt.gov Bob Habeck 

bholland@crowleylaw .com B. Holland 

bjohnson@summite.com Bruce Johnson 

blaise.leblanc@hotmail.com 

bla kecrk@gma il.com Krista Evans 

bml@stateside.com Becky Lukaesko 

bmontgomery@montana-wcc.com Bob Montgomery 

bob.vantuyl@ashgrove.com Bob Vantuyl 

boschleicher@mt.gov Bob Schleicher 

bret@bison-eng.com Bret Gallo 

brian.mchugh@tetratech.com Brian McHugh 

brian.zieske@malmstrom.af.mil Brian Zieske 

brianna@clarkfork.org Brianna Randall 

brogers@newfield.com Brad Rogers 

Bruce.Krepley@naes.com Bruce Krepley 

.bschmidt@co.missoula.mt.us Ben Schmidt 

bsoamj@3rivers.net Mary Jane McGarity 

BSquires@nicnd.com Bruce Squires 

~ Bstevenson@rosipower.com Bruce Stevenson YELP 

bsublasky@emsl.com ben 

bullorj@bp.com Robin Bullock 
burns.betsy@epa.gov 

bvaughn@montana.com 

c2nites2000@yahoo.com 

calvin.e.kidney@wellsfargo.com 

carl@compliancefreaks.com 

cartoonsmart@mac.com 

cash1230@esaphaseone.com 

cathyl@bkbh.com 

cboe@mt.gov 

cefarms@tetonwireless.net 

cflanders@nobleenergyinc.com 

cgernand@mt.gov 

chalbert@landauinc.com 

chenine.wozniak@ch2m.com 

cheryllynned@marathonoil.com 

chomer@mt.gov 

chuck.buus@riotinto.com 

chuck@netentrust.com 

ch uckp@cskt.org 

cindy_buschman@mccormick.com 

cindymed@hotmail.com 

claseur@plainsjustice.org 

cmhd@midrivers.com 

cmrcd@midrivers.com 

coate.carson@epa.gov 

coolnickjr@hotmail.com 

coupscounter@yahoo.com 

cpowell@ltenv.com 

cranecreationsl@yahoo.com 

crose@3rivers.net 

crwindmueller@wtrconsulting.com 

dan.corti@mso.umt.edu 

darrell.soyars@avistacorp.com 

daveduttonfraser@yahoo.com 

davew@kirkwoodcompanies.com 

david_long@eogresources.com 

dblank@ncpa.org 

dbusby@montanarefining.com 

dcowan@mt.gov 

dcquickdraw@gmail.com 

debbies_design@yahoo.com 

deborah.perry@oneok.com 

detroit03mm@yahoo.com 

dhart@cleanair.com 

dhrubes@midrivers.com 

diannalin@msn.com 

djohnsonhorne@barrick.com 

Betsy Burns 

Barbara Vaughn 

Kermit Snow 

Calvin Kidney 

Carl Williams 

Buddy Rogers 

John Meyers 

Cathy Laughner 

Chris Boe 

Chad Dohney 

Catherine Flanders 

Candice Gernand 

Chip Halbert 

Chenine Wozniak 

Cheryl-Lynne Davis -Marathon Oil 

Charles Homer 

Charles D. Buus 

chuck 

Chuck Page 

Cindy Buschman 

Cindy 

Carrie La Seur 

Mike Rinaldi 

Monty L. Sealey 

Carson Coate 

randy Iahey 

David saylor 

Chad Powell 

Julia Crane 

Corrine Rose 

C. Ray Windmueller 

Dan Corti 

Darrell Soyars 

dave 

Dave 

David Long 

Danielle Blank 

Dexter Busby 

Devin Cowan 

Devin Cowan 

Debra Vetter 

Deborah Perry 

Mike 

Dean Hart 

David Hrubes 

Dianna Lintner 

Deborah Johnson-Horne 
dlambrecht@jbrenv.com David Lambrecht 

'-.,. dlorenzen@pioneer-technical.com Diane Lorenzen 

dmunson@mt.gov Darren Munson 

dmyran@montana-wcc.com Darrel Myran 

dolan.kathy@epa.gov 

donald.may@tetratech.com Don May 

dpaulsen@ala-nr.org Dick Paulsen 

dpavuk@crowleylaw .com D. Pavuk 

dpowers@summite.com Dan Powers 

drusoff@mt.gov Dave Rusoff 

dshonerd@multistate.com David Shonerd 

dsimonson@mt.gov Dave Simonson 

dsimpson@montana-wcc.com ·Dave Simpson 

dsoehren@bresnan.net Doug Soehren 

dugiejm@hotmail.com Jeff 

dujohnson@mt.gov Dusti 

dvanhyningl@msn.com Dyrck Van Hyning 

DVizzolini@collisionsync.com Dana Vizzolini 

dwalsh@mt.gov Dan Walsh 

dwolfe@mt.gov Deb Wolfe 

ed@mt.net Ed Santos 

edmadler@hotmail.com Edward Madler- APCAC 

L edward.hookl@montana.edu ej hook 

eemc@bresnan.net Dave Wang 

eisele.adam@epa.gov Adam Eisele 

elbrunner@gmail.com Erica Brunner 

emcrae@fageninc.com Edward McRae 

emerchant@mt.gov Eric Merchant 

emilieboyles@yahoo.com emilie boyles 

eric.detmer@cldpk.com Eric Detmer 

esa@platts.com Esa. 

fcrowley@doneylaw.com Frank Crowley 

finanzaspersonales@adinet.com.uy Astra gala 

fotto@ups.com Friedheim Otto 

frank@shumaker.psemail.com frank 

gaila_consulting@msn.com Gail Abercrombie 

gcm@sierraresearch.com Gabe McAuliffe 

geraldschlosser@benefis.org Gerald Schlosser 

gjackson@emittechnologies.com Gary Jackson 

gjg@ecocion.com Gary Gates 

gmcgann@co.carbon.mt.us Gregory McGann 

Greg.brown@chsinc.com Greg Brown 

grey_nicolls@hotmail.com robert 

~ grodway@bison-eng.com Grant Rodway 

hbedbury@montanarefining.com Hadley Bedbury 

hestmark.martin@epa.gov Martin Hestmark 

hhsgreengroup@gmail.com HHS Green Group 
hkaiser@hydrometrics.com 

hpeterson@mtech.edu 

hrash@mt.gov 

h ro bbins@bison-eng.com 

info@kakuk.com 

info@lion.com 

info@northernplains.org 

Jackie.Fiikkema@ Kniferiver.com 

jackross@nemontel.net 

jade.stokke@riotinto.com 

Jagadeesan.Sethuraman@whiting.com 

jahughes@mt.gov 

jajehn@marathonoil.com 

jake.weirich@edaw.com 

jakenny@mt.gov 

jamie.christopher@aecom.com 

jamie.gaboriau@riotinto.com 

jamiew@slservices.net 

JasMatthews@msn.com 

javid@mod2.com 

jcarlin@mt.gov 

jcarlson@co.missoula.mt.us 

jchaffee@bison-eng.com 

jdorris@mt.gov 

jean.semborski@conocophillips.com 

jeannehallesy@yahoo.com 

jeff.briggs@ashgrove.com 

jeff@ajaxcomputernetworking.com 

Jenna_k_02@hotmail.com 

jennifer.cinq-mars@ang.af.mil 

jennifer.pin@riverstonehealth.org 

jennifergoldman@ogap.org 

jenomara@mt.gov 

jfdowns@babcock.com 

jford2@mt.gov 

Jiakun.Zhang@stjude.org 

jilesejibril@yahoo.com 

jillgrenon@yahoo.com 

jjones@bwenergylaw .com 

jmariepatrick@ 3 rivers. net 

JMBianco@marathonoil.com 

jmerkel@mt.gov 

jmparker@pplweb.com 

Joe@shumaker.psemail.com 

JOElKelm@msn.com 

John@SenatorJohn.net 

john_lei@ibew.org 

Heidi Kaiser 

Holly Peterson 

Hoby Rash 

Hal Robbins 

Michael Kakuk 

lion Technologies 

Northern Plains Resource Council 

Jackie Flikkema 

Jack Ross 

Jade Stokke 

Jagadeesan Sethuraman 

Jim Hughes 

John Jehn 

Jake Weiriich 

Jake Kenny 

Jamie Christopher 

jamie gaboriau 

Jamie Whiteman 

James Matthews, M.D. 

Javid Nia 

Jim Carlin 

Jim Carlson 

Jeff Chaffee 

Joshua Dorris 

Jean Semborski 

Jeanne 

Jeff Briggs 

Jeff 

Jenna loring 

Jen 

Jennifer Pinnow 

Jennifer Goldman 

Jenny O'Mara 

John Downs 

McCloud (Joe) Ford 

Jiakun Zhang 

Jilese 

jill grenon 

julia jones 

June Patrick 

Julius Blanco 

Julie Merkel 

Jim Parker 

Joe Aline 

Joel Keirn 

John Brueggman 

John lei - APCAC 
john_mcmichael@xtoenergy.com John McMichael 

jon.madison@md u.com Jon madison 

L jonnysanty@gmail.com Jonny Santy 

joseph.w.lierow@exxonmobil.com Joe Lierow 

josephfdepaz@ya hoo.com Joseph F. de Paz 

joshua.jua@riverstonehealth.org Joshua 

joystevensl @bresnan.net Joy Stevens 

jrussell@flathead .mt.gov Joe Russell 

jscott@cherrycreekradio.com Jay Scott 

jugorowski@mt.gov Joe Ugorowski 

Kalle.Kuether@mdu.com Kalle Kuether 

karen@netentrust.com karen 

kdavid@flathead. mt.gov Kelly David 

kenre@comcast.net Kenneth Reeves 

Kevin.Pilger@taqa.ca Kevin Pilger 

kgehret@perkinscoie.com Kate Gehret 

kgessaman@mt.gov Kathy Gessaman 

khooper@libby .o rg Kathy Hooper 

kirsty_gilmour@hotmail.com Kirsty Gilmour 

kmoore@co.lewis-clark.mt.us Kathy Moore 

korr@mt.gov Katherine Orr 

krandall@fvcc.edu Katie Randall 

krobertson@mjbradley.com KRobertson 

~ ksolberg@anacondadeerlodge.mt.gov Karen Solberg 

ktooke@enerplus.com Kirsti Tooke 

kwalsh@enviroconsult.com Kevin Walsh 

kwebb@m-m.net Kristi Webb 

larry@montanasulphur.com larry Zink 

lclark@fs.fed.us Lori Clark 

leah.bennett@rocketmail.com leah Bennett 

lee@prrlaw.com lee Bruner 

lepodal@yahoo.com Debbie Lepo 

LGiatz@mt.gov Glatz, linda 

lhendley@co.lewis-clark.mt.us l Hendley 

library@crowleylaw .com Crowley law 

lindsay .spurlock@rioti nto.com lindsay Spurlock 

lisasandoval@contres.com Lisa Sandoval 

lkambham@trinityconsultants.com latha kambham 

lloken@wpcnd.com lance Loken 

lmoody@all-llc.com lee Moody 

lmoral@trinityconsultants.com lani Moral 

lnguyen@trinityconsultants.com Linda Nguyen 

lonnie.fallin@jacobs.com lonnie Fallin 

lstuder@stmaryland.com luke 

\-.. lweeks@nemont.net Linda Weeks 

lzanto@mt.gov lynn Zanto 

macka_maka@hotmail.com robert 
marcellama@cskt.org Marcella Mahseelah 

Margaret.Zebley@aecom.com Margaret Zebley 

margaret@monta nasulphur.com Margaret .) 

mark.lin@gmail.com Mark 

mark@aspence.net Mark C. Peterson 

markschaffer57@ hotmail.com mark schaffer 

mary.blel@chsinc.com Mary Blel 

mbarton@co.missoula.mt.us Michael Barton 

m basta @greatfallsmt.net Martin Basta 

mbayne@abraxaslusk.com Marc Bayne 

mbrown@ap.org Matt Brown 

mcferrins@mt.net Felecity McFerrins 

megan.siems@sierraclub.org Megan Siems 

mhillman@trinityconsultants.com Melissa Hillman 

mhoffman@jeffco.mt.gov Michael G. Hoffman II 

michelle@skyride .net michelle Hartly 

mike.simpson2009@gmail.com Mike Simpson 

miosh_com@yahoo.com Ken Liston 

Mitcheii.Leu@plumcreek.com Mitchell Leu 

mlct@mt.net Alec Hansen 

mmca@mttrucking.org Montana Motorcarriers 

montanabobcat@gmail.com Bob 

mpa@montanapetroleum.org Dave Galt 

mpainter@ci.missoula.mt.us Michael L. Painter 

mpontiff@newfield.com Mike Pontiff 

mraile@montanarefining.com Mike Raile 

mrlambrecht@pplweb.com Mark Lambrecht 

msimonich@helenahar.com Mark Simonich 

msthompson@barrick.com Mark Thompson 

mtaudubon@mtaudubon.org Montana Audubon 

muncie1929@itstriangle.com Muncie Morger 

mwignot@ hyd rometrics.com Michael Wignot 

nancy _grosulak@xtoenergy .com Nancy Grosulak 

nickgeranios4317 @msn.com Geranios Enterprises Inc 

nturnbull2@gmail.com Neil Turnbull 

obarta@mt.gov Oline Barta 

parker-christensen.victoria@epa.gov Victoria Parker-Christensen 

Pat.kimmet@chsinc.com Pat Kimmet 

pat@crowleyconsultants.com Pat Crowley 

patels3@hotmail.com pate I 

patty@ johnson Ia nemateria ls.com Patty 

pauldsherrpc@yahoo.com Paul 

pcollins@crowleylaw .com P. Collins 

phippsangela@stanleygroup.com Angela Phipps 

pjsimonich@pplweb.com Pete Simonich 

pkukay@hotmail.com PauiKukay 

pmckenzie@stoltzelumber.com Paul R. McKenzie 
randall.j.richert@conocophillips.com Randall Richert 

rdriear@centurytel.net Ralph Driear 

'-... rebecca@bison-eng.com Rebecca 

rebecca@northernplains.org Rebecca Fischer 

reed.j.marton@conocophillips.com Reed J. Marton 

rfink@co.carbon.mt.us Rodney Fink 

rgilson@cbmainc.com Robert Gilson 

rgilson@H2Eincorporated.com Robert Gilson 

rh ughes@ rmsmanagement.com Rose Hughes 

Rick.Walsh@Northwestern.com Rick Walsh 

rjeffrey@mt.gov Robert Jeffrey 

rkenyon@cgrs.com Randy Kenyon 

roark@imt.net Carol Lee-Roark 

ron.hyatte@riotinto.com Ron Hyatte 

ronald.nadwornick@mt.usda.gov Ronald Nadwornick 

ross.whelchel@northwestern.com Ross Whelchel 

rr@hayfam.com C. E. Robertson 

rsouthwick@gr-northern.com Rich Southwick 

Runningelkcliff@aol.com Running Elk 

russ.bos@riverstonehealth.org Russ Boschee 

russb@ycchd.org Russ Boschee 

ruthjensen@transcanada.com Ruth Jensen 

RWeimer@stillwatermining.com Randy Weimer 

\., sabrina_rojas@hotmail.com Sabrina 

sabskb@gmail.com Scott and Sheree Bombard 

sbombard@natlforests.org Sheree Bombard 

sbrown@aquionix.com Sean Brown 

Shannon.morgan@rosi-boise.com Owen Orndorff -YELP 

shatten@mt.gov Skye Hatten 

sherry.bursey@anadarko.com Sherry 

sjohnson@co.cascade.mt.us Sandy Johnson 

smason@hydrometrics.com Scott Mason 

smullins@industrialinfo.com Shane Mullins 

snowa kowski@ mt.gov Sonja Nowakowski 

sobrien@oasisemission.com Shawna O'Brien 

solsen@mt.gov Sandi Olsen 

srubino@sc.rr.com srubino 

ssternberg@mt.gov Stan Sternberg 

Stacy .aguirre@wbip.com Stacy Aguirre 

stellaholt@live.com Stella 

stevew@bkbh.com Steve Wade 

susanalise@cox.net Susan 

swright@cfaluminum.com Steve Wright 

szehntner@mt.gov Steve Zehntner 

'-., tdzomba@fs.fed.us Thomas Dzomba 

teverts@mt.gov Todd Everts 

thomas.pick@mt.usda.gov Thomas Pick 
tiphlmiller@yahoo.com 

tjewett@NPCA.ORG 

tkircher@stillwatermining.com 

todd.rudolph@aecom.com 

todg@cordite.com 

townofalberton@blackfoot.net 

traciebuhl@fs.fed.us 

twidboom@barr.com 

victor.m.dugan@exxonmobil.com 

videtich.callie@epa.gov 

walkers@ci.billings.mt.us 

Wburget@peabodyenergy.com 

whitem@dawsoncountymail.com 

wildcovenants@msn.com 

william.thompson@northwestern.com 

wjacobs@flathead.mt.gov 

wlneumiller@pplweb.com 

wlreynolds@bresnan.net 

woodwardjj@cdm.com 

wwmercer@hollandhart.com 

yoonyoung.choi@mcdean.com 

Tiphanie Keefe 

Tony Jewett 

Tom Kircher 

Todd 

Tad Glenn 

Diane Jodsaas 

Tracie 

Tony Widboom 

Victor M. Dugan 

Callie Videtich 

Scott Walker 

Wanda Burgett 

Mike While 

Linda Dwarak 

Bill Thompson 

Wendee Jacobs 

Bill Neumiller 

William Reynolds 

Jesse Woodward 

bill mercer 

Yoonyoung Choi 
iTEPHEN BLANKENSHIP FORD DALE COCKRELL BARBDOWSKI 

f25 L ST STE 390 CHRISTENSEN MOORE COCKRELL REG MANAGER QWEST EH & S 

•ACRAMENTO CA 95814 POBOX7370 1855 S FLATIRON COURT 

L KALISPELL MT 59904-0370 BOULDER CO 80301 

lAMES FLANSBURG ALAN FRONBERG PEGGY FRUIT 

iAYS LODGE POLE SCHOOLS GLACIER ENGINEERING PC TOWN OF BROADUS 

~OX110 124 1ST AVE S STE 17 POBOX659 

rtAYS MT 59527 GREAT FALLS MT 59401 BROADUS MT 59317 

RONALD GEHRKE JOHN GERHART LYNN HILL 

BIG SKY MINING CO POBOX283 MSE-HKM INC 

POBOX97 BELT MT 59412 POBOX7010 

COLSTRIP MT 59323 SHERIDAN WY 82801 

TAMMY JOHNSON DICK JUNTUNEN BOB KELLY 

ENVIRONOMICS INC RESOURCE MGMT ASSOCIATES INTERTEC 

POBOX 1026 259 MCCLELLAN CREEK RD 619 S W HIGGINS STE S 

WHITEHALL MT 59759 CLANCY MT 59634 MISSOULA MT 59803 

JERRY D. KNUTSON MICHAEL J LUCIANO JOHN MCKENNA 

WEST TECH SUPPLY & SERVICES FARM HARVESTING OF EUREKA m INTERNATIONAL 

POBOX80711 POBOX1050 1401 MUNICIPAL RD NW 

BILLINGS MT 59108 EUREKA MT 59917 ROANOKE VA 24012-1309 

W~ER L MCNUTT JIM RAMAKER FRED STEELE 

AG EQUIPMENT SALES POBOX760 CSKTTRIBAL HEALTH 

110 12TH AVE SW CHOTEAU MT 59422 BOX880 

SIDNEY MT 59270 ST IGNATIUS MT 59865. 

LILA TAYLOR NEIL TURNBULL GERALD WAGNER 

HC42 BOX595 POBOX404 BLACKFEET TRIBAL 

BUSBY MT 59016 BROCKTON MT 59213 POBOX2029 

BROWNING MT 59417 
Montana Department of Environmental Quality (DEQ) - Public Comment Periods 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Home » Public Comment Periods 

Public Comment Periods 

By Subject or Program: 

D Air Quality Permits 

ID Draft TMDL Reoorts 

II Major Facility Siting (MFS) 

1D Water Qualitv Discharge Permits 

II Nutrient Management Plans 

The documents listed in the links above are not included in the list below. 

Download Acrobat Reader to view the pdf documents. 

Comment 

Site/Subject Period Ends Document Location Send Comments To 

Finding of NQ Siginificant July 14, 2011 Montana Department Marc Golz, P.E. 

Impact for Dty Prairie Rural of Environmental Montana Department of 

Water Authority Telemetty Quality Environmental Quality 

TQw~rs Water S~stem 1520 E. 6th Avenue 1520 E. 6th Avenue 

Improvements Project P.O. Box 200901 P.O. Box 200901 

Helena, MT 59620 Helena, MT 59620 

Phone: (406)444-6770 

Pyblic Notice for rule July 18, 2011 Montana Department of Environmental Comments can be sent 

inclusion in the SIP Quality to: 

1520 E. 6th Avenue 

ARM17.8.102 P.O. Box 200901 Cline Barta 

Helena, MT 59620 MT-DEQ/ARMB 

PO Box 200901 

Helena, MT 59620-0901 

Phone: (406) 444-0524 

2011 Monitoring Network 

Plan 

July 5, 2011 Montana Department 

of Environmental Comments can be 

Quality emailed to: 

1520 E. 6th Avenue 

P.O. Box 200901 Hob~ Rash 

Helena, MT 59620 Montana DEQ/ ARMB 

(406) 841-5260 

Finding of No Significant · June 22, 2011 Montana Department Comments can be 

Imps;Jct and Environmental of Environmental emailed to: 

Asse:;!sment for Bridger Pines Quality Wastewater Treatment 1520 E. 6th Avenue Jerty Paddock 

S~stem Upgrade Bozeman, P.O. Box 200901 Montana DEQ 

MT Helena, MT 59620 (406)444-5323 

Draft Environmental Impact I Comment I Montana Department I Comments can be 

http:/ I deq .mt.gov/pubcom.mcpx 

Page 1 of4 

6/22/2011 
NO PUBLIC COMMENTS OR REQUESTS FOR HEARING WERE 

RECEIVED FOR THE INCORPORATION BY REFERENCE RULE ..