Brian Schweitzer, Governor 

Richard H. Opper, Director 

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

November 22, 2011 

James B. Martin 

Regional Administrator 

USEPA, Region 8 

1595 Wynkoop St. 

Denver, Colorado 80202-1129 

;;.~ DearM~: 

Montana is submitting revisions to its State Implementation Plan. This submission 

contains revisions to ARM 17.8.604, 17.8.610, 17.8.612, 17.8.613, 17.8.614, and 

17.8.615, pertaining to open burning, and ARM 17.8.763, pertaining to revocation of 

permit. The Montana Board of Environmental Review adopted these rule amendments 

on March 25, 2011. 

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

the Record also contains a copy of the complete rule texts 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. 

En c. 

Sincerely, 

Richard H. Opper 

Director 

RECEIVED 

U.S. EPA Region 8 

RA'sOffice 

NOV 2 8 2Gi\ 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 

'~'· 
STATE OF MONTANA 

RECORD OF ADOPTION 

ARM: 

17 .8.604, 17.8.61 0, 17 .8.612, 

17.8.613, 17.8.614, 17.8.615 

Pertaining to the open burning of wood and wood byproducts. 

Date of Final Adoption by the Board of Environmental Review: 

March 25,2011 
RULE REQUEST FORM 

Priority Requested: High Priority Assigned: __ 

Media Type: Air Quality 

Target Adoption Date: Jan/Feb/Mar 2011 

Description: 

Justification: 

a. ARM 17.8.612(10), 17.8.613(8), 17.8.614(8}, 17.8.615(6)-

Conditional Air Quality Open Burning Permits- request for 

hearing. Amend these sections to be consistent with hearing 

requirements in HB 700 (Legislation eliminating automatic stay). 

b. ARM ~7.8.604(1)(a)- Open Burning Director Discretion. 

Proscribe Department's authority to approve moving material prior 

to open burning. On July 20, 2004, (69 FR 43371), EPA proposed 

to disapprove the change to ARM 17.8.604(1)(a) that allows the 

Department to approve, on a case-by-case basis, the burning of 

waste that is moved from the premises where it was generated. 

DEQ comments were submitted to EPA on 8/19/04. On August 24, 

2006 (71 FR 49999), after approving other open burning rule 

submissions, EPA stated it would not take final action on changes 

to ARM 17.8.604(1)(a). 

c. ARM 17.8.610(2)- Revise grammatical error. 

a. Rules must be consistent with legislation on the same subject. 

b. Absent further refinement of the rule to limit the Department's 

discretion, EPA proposes to disapprove the submission of the 

revision of ARM 17.8.604 into the SIP. 

MCA Cite: Title 75, Chapter 2- Air Quality ARM Cite: Title 17, Chapter 8, subch. 6 

Initiated by BER 

Rule Writer: Debra Wolfe 

~ Division/Bureau/Program: Permitting & Compliance/ARMS/Air Quality Policy & 

Planning Section 

pdated 9/812010 
Org Unit: 514772 

Approval Group(s): BER 

Hearing Required: Yes 

Is this the initial rulemaking implementing a new statute or an amendment to an 

existing statute? Yes · 

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

one.) 

If so, what session? 2003 What bill? HB 700 

(Legislative Bill Sponsor: John Brueggeman 

Alternatives: None 

.,..~"''a Is: 

r-e:,~~L.:.f..~:..:::::::_ Date ~fo Section Head:~~~~~:::::_:_· Date ~~ ..) 

Date: _____________ _ 

Date: __ d____,_/_J ....;.../_;_~-----

Jpdated 9/8/2010 
RECORD OF ADOPTION 

Regulatory Actions 

TABLE OF CONTENTS 

(1) BER agenda granting rulemaking authority. 

(2) MAR notice for proposed rulemaking. 

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

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

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

(6) Department testimony. 

(7) Department HB 311 and 521 analysis. 

(8) Written public testimony. 

(9) Hearings officer report & transcript. 

(10) BER agenda from rule adoption meeting. 

(11) Transcript from BER rule adoption meeting. 

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

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

(14) Published rule 

(15) SIP Public Notice statement 

(16) Notice to Interested Parties & APCAC including address list. 

( 17) Notice as published on DEQ website 

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

//:_ 1~11 

Prepared by: Date: 
l\4onrana 

Board of Environmental Review P.o. Box 200901 • He.le<>a, MT 59620-0901 • (406) 444-2544 • Website: "-'VVW.deq.state.J:nt.us 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, DECEMBER 3, 2010 

METCALF BUILDING, ROOM 111 

iS20 EAST SIXTH AVENUE, HELENA, MONTANA 

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

NOTE: Individual agenda items are not assigned specific times. For public notice pwposes, 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. Persons with disabilities, 

who need an accommodation in order to participate in this meeting, should contact the Board Secretary at ( 406) 444-6701. 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

1. October 8, 2010, teleconference Board meeting. 

B. SET 2011 MEETING SCHEDULE 

H. 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 

Att, 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 September 13, 2010, a preheaTing conference was held in which the parties 

asked for change in the hearing date to October 21, 2010. Ms. Orr granted this request. 

On September 30,2010, the Board received a DEQ Proposed Prehearing Order. Ms. Orr 

issued an Order Vacating Hearing Date on October 19, 2010, setting a teleconference for 

December 18,2010. 

c. In the matter of violations of the Clean Air Act of Montana by Todd Michael 

Mihalko, Jefferson County, Montana, BER 2010-10 AQ. Hearing Examiner Katherine 

Orr issued a First Prehearing Order on July 20, 2010. The Board received an Agreed 

Proposed Prehearing Schedule from the Department on August 2, 2010, and on August 

6, 2010, Ms. Orr issued a First Scheduling Order. A hearing is set for December 20, 

2010. On November 19,2010, the department informed the Board that an Administrative 

Order on Consent has been signed and that the penalty has been paid. The Board is 

currently waiting for a stipulation to dismiss the case. 

d. 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. The Department filed a third Request for Extension on October 1, 2010, 

and Ms. Orr issued a Third Order Granting Extension on October 25,2010. 

Page 1 of 4 
e. 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 

September 24, 2010, the parties filed an Agreed Proposed Prehearing Schedule. On 

October 25, 2010, Ms. Orr issued a Scheduling Order setting a hearing for March 8, 20 11. 

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. 

f 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. The Department filed a 

Proposed Schedule on July 29, 2010, and Ms. Orr issued the First Scheduling Order on 

August 5, 2010. A hearing is set for February 28, 2011. 

g. 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. The Board received a Request for Second Extension of Time to 

Respond to First Prehearing Order on September 21, 2010, and on September 22, a 

Second Order Granting Extension of Time was issued by the hearing examiner giving the 

parties through November 22, 2010, to reach a settlement or file a proposed schedule. 

m. ACTION ITEMS 

A. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department requests that the Board concur in its request to initiate rulemaking to: 

I. Amend ARM 17.8.604 to require Department approval before moving and burning wood and 

wood byproducts and clarify compliance with BACT when contemplating and conducting 

open burning; ·amend ARM 17.8.610(2), 17.8.612(10), 17.8.613(8), 17.8.614(8), and 

17.8.615(6) to be consistent with the direction of the legislature regarding the process for 

appealing air quality permits pursuant to 75-2-211, MCA. 

2. Amend ARM 17.8.763 to set forth a method of alternative service in the event an owner or 

operator cannot be found for regular mail delivery when notifying an owner or operator of a 

source regulated under Title 17, Chapter 8, Subchapter 7 regarding the Department's intent to 

revoke a permit. 

3. Amend ARM 17.30.201, water discharge permit fee schedule and ARM 17.30.1341 to add a 

general permit category for pesticides. The proposed amendments are intended to correct 

some clerical errors, provide some clarification, expand some definitions, and add a new nonstormwater general permit fee category (pesticides). 

4. Amend ARM 17.30.617 to designate the mainstem Gallatin River from the Yellowstone 

National Park boundary to the confluence of Spanish Creek as an Outstanding Resource 

Water (ORW) and to amend ARM 17.30.638 to add a new subsection clarifying that 

discharges to ground water with a direct hydrologic connection to an ORW are within the 

statutory mandate prohibiting any permanent change in the water quality of an OR W 

resulting from point source discharges. The Department will request that the Board issue a 

notice of supplemental rulemaking to extend the comment period. 

B. NEW CONTESTED CASE APPEALS 

I. 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. The Board received the appeal on September 23,2010. Interim Hearings 

BERAgenda Page 2 of4 December 3, 20 I 0 
Examiner, Ms. Orr, issued a First Prehearing Order on October 25, 2010, and she issued an 

Order Granting Extension on November 18, 2010. The Board may appoint a permanent 

hearings examiner or decide to hear the matter. 

2. In the matter of the appeal and request for bearing by Ronald and Debbie Laubach 

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

BER 2010-15 MFS. The Board received the appeal on October 7, 2010. The Interim 

Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 2010. The 

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

3. 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 certifit:ate of compliance, 

BER 2010-16 MFS. The Board received the appeal on October 7, 2010. The Interim 

Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 2010. The 

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

4. 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. The Board received the appeal and request for 

hearing on October 7, 2010. Interim Hearings Examiner, Ms. Orr, issued a First prehearing 

Order on October 25,2010. The Board may appoint a permanent hearings examiner or decide 

to hear the matter. 

5. 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 

Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. The Board received the appeal and request for hearing on November 3, 2010. 

The Interim Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 

2010. 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 Montana Underground Storage Tank Act by Hi-Noon 

Petroleum, Inc., at Noon 456, Missoula County, Montana, BER 2010-11 UST. The 

parties filed a joint Stipulation to Dismiss on October 20, 2010. An order to dismiss the case 

will be presented for signature. 

2. In the matter of the request for hearing by the City of Great Falls regarding the DEQ's 

notice of final decision for MPDES Permit No. MT0021920, BER 2009-21 WQ. On 

October 13,2010, the parties filed a joint Stipulation and Request for Dismissal. An Order of 

Dismissal will be presented for signature. 

3. In the matter of violations of the Clean Air Act of Montana by Sheep Mountain 

Properties, LLC, Jefferson County, BER 2009-11 AQ. Hearing Examiner Katherine Orr 

issued a Second Scheduling Order on May 25, 2010. A hearing is set for October 19, 2010. 

On July 8, 2010, the Department filed a Request to Consolidate this case with the case, In the 

Matter of Violations of the Clean Air Act of Montana by Todd Michael Milhalko, Jefferson 

County, Montana, BER 2010-10 AQ. On August 20, 2010, the Board received the 

Department's Motion for Summary Judgment with Supporting Brief, and on August 23,2010, 

the Department filed a Motion to Substitute Affidavits. On September 16, 2010, the Board 

received the Department's Reply in Support of Motion for Summary Judgment. On November 

19, 2010, the Board received a Stipulation to Dismiss with an attached Administrative Order 

on Consent. An order to dismiss the case will be presented for signature by the Chair. 

BERAgenda Page 3 of4 December 3, 2010 
4. lin the matter of violations of the Metal Mine Reclamation Act by Saturday Sunday, 

1LLC. Deer Lodge County, BER 2009-02 MM. Hearing Examiner Katherine Orr issued an 

Order Setting Telephonic Status Conference. On May 27, 2010, Ms. Orr issued an Order 

Setting Hearing and on July 21, 2010, Ms. Orr issued an Order on Default. On November 19, 

2010, Ms. Orr issued an Oder Clarifying Order on Default, in which it is stated the Board 

must review and approve the Order on Default. An Order of the Board Imposing Penalties is 

provided for the Chairman's signature. 

D. OTHER ACTION 

1. The Gallatin Local Water Quality District (GLWQD) was created by the Gallatin County 

Commission with passage of County Resolution 1995-55, under the authority of Montana Code 

Annotated (MCA) 7-13-Part 45 and approved by the Montana Board of Environmental Review 

on June 20, 1997. The district boundaries have recently been expanded and the district has 

amended their program plan to include the new area. As required by MCA 7-5-311(7), the 

GL WQD Board will submit a program amendment to the Board of Environmental Review 

(provided for in 2-15-3502 MCA) at the December 3, 2010, meeting for their approval before 

implementing the local water quality program in areas that have been added to the District. 

2. CONSIDERATION OF AND ACTION ON PUBLIC COMMENT REGARDING ADOPTION 

OF COPPER BIOTIC LIGAND MODEL, MODIFICATION OF EXISTING PESTICIDE 

STANDARDS, AND MODIFICATION OF CATEGORY CLASSIFICATION (CARCINOGEN 

DELISTING) FOR CERTAIN POLLUTANTS. The Department will summarize public 

comments, received during the triennial review of Montana water quality standards, 

recommending adoption of the copper biotic ligand model, modification to existing pesticide 

standards and modification of category classification for certain pollutants. The Department 

will recommend that the Board not propose rule amendments in response to these comments. 

3. 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. Hearing Examiner Katherine Orr issued an Order Granting Motion for Summary Judgment 

on Liability on May 27, 2010. A contested case hearing on the issue of the proper assessment of a 

penalty was held on June 4, 2010. On September 21, 2010, a Proposed Order on Penalty was 

issued by Ms. Orr in which the Petitioner was given until October 15, 2010, to file exceptions. On 

September 23,2010, the Board received The Department's Notice of Clerical Errors in Proposed 

Order on Penalties, in which the department requested some corrections in the final judgment. On 

October 14, 2010, the Board received Petitioner's Exceptions to Proposed Order on Penalties 

and Request and Review at the December 3, Environmental Quality Council Meeting. The DEQ 

filed The Department's Response to Petitioner's Exceptions to Proposed Order on Penalties with 

Supporting Brief on October 27, 2010. On November 12, 2010, the Board received the 

Petitioner's Supplemental Response Request for Board's Complete Review of Entire Record and 

Objections to Department's Responses. The Board will review the exceptions, response to 

exceptions, and supplemental response to exceptions, and detennine whether the Proposed Order 

on Penalty should be approved or modified, or whether the Board desires to hold a hearing on the 

factual basis for the penalties and make its own determination about the correct amount of 

penalties, if any, to be assessed. 

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 4 of4 December 3, 2010 
-1-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.604, 17.8.610, 17.8.612, 17.8.613, ) 

17.8.614, 17.8.615 pertaining to open ) 

~m~ ) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On , 2011, 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 rules. 

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.,. , 2011, 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 rules proposed to be amended provide as follows, stricken matter 

interlined, new matter underlined: 

17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The 

following material may not be disposed of by open burning: 

(a) any waste which is moved from the premises where it was generated, 

except as provided in ARM 17.8.604(2). 17.8.611,~, or 17.8.612(4)(a) or (4)(b};-ef 

uRiess appro..-al is QFaRtea by the aepartmeRt oR a sase by sase basis; 

(b) through (y) remain the same. 

(2) A person may not conduct open burning of any wood waste that is moved 

from the premises where it was generated. except as provided in ARM 17.8.611 or 

17 .8.612(4)(a) or (4)(b). or unless the department determines: 

(a) the material is wood or wood byproducts that have not been coated. 

painted. stained. treated. or contaminated by a foreign material: and 

(b) alternative methods of disposal are unavailable or infeasible. 

(3) A person conducting open burning of wood waste which is moved from 

the premises where it was generated shall comply with BACT. 

(4) A person intending to conduct open burning of wood waste which is 

moved from the premises where it was generated shall contact the department by 

calling the number listed in ARM 17.8.601(1) prior to conducting open burning. 

~@ Except as provided in ARM 17 .8.606, M s person may not open burn 

any nonprohibited material without first obtaining an air quality open burning permit 

from the department. 

AUTH: 75-2-111, 75-2-203, MCA 

MAR Notice No. 17-_ 
-2-

IMP: 75-2-203, 75-2-211, MCA 

17.8.610 MAJOR OPEN BURNING SOURCE RESTRICTIONS 

(1) through (1 )(d) remain the same. 

(2) Proof of publication of public notice, consistent with this rule, must be 

submitted to the department before an.application will be considered complete. An 

applicant for an air quality major open burning permit shall 'notify the public of the 

application for permit by legal publication, at least once, in a newspaper of general 

circulation in each airshed (as defined by the department) affected by the 

application. The notice must.be published no sooner than ten days prior to submittal 

of an application and no later than ten days after submittal of an application. The 

form of the notice must be provided by the department and must include a statement 

that public comments concerning the application may be submitted to the 

department oonoeming the applioation within 20 days after publication of notice or 

filing of the application, whichever is later. A single public notice may be published 

for multiple applicants. 

(3) through (5) remain the same. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.612 CONDITIONAL AIR QUALITY OPEN BURNING PERMITS 

(1) through (9) remain the same. 

(1 0) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision.:. aR9 

m1:1st inol1:1de aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final1:1nless until 15 days have elapsed from the date of the 

decision and theFe is no Fequest for a hearing under this seotien. The filing of a 

request for a hearing postpones does not stay the effective date of the departmenfs 

decision until the oonol1:1sion of the hearing and iss1:1anoe of a final deoision by the 

9eaFQ. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing: or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injurv to the person requesting the stay. 

(11) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4) for 

undertakings on injunctions. 

MAR Notice No. 17-_ 
AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

-3-

17.8.613 CHRISTMAS TREE WASTE OPEN BURNING PERMITS 

(1) through (7)(b)(iii) remain the same. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision ... aA9 

mt:Jst incll:Jde aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not finall-:lnless until 15 days have elapsed from the date of the 

decision and Utero is no FeEtl:Jest for a hearing l-:lnder this section. The filing of a 

request for a hearing postpones does not stay the effective date of the department's 

decision l:Jntil the concll:Jsion of the hearing and issl-:lanoe of a final decision by the 

Beaf9. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunitv for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing: or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(9) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4). MCA. 

for undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211 I MCA 

17.8.614 COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS 

(1) through (7) remain the same. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision.:. aR6 

mt:Jst incll:Jde aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not finall:Jnless until 15 days have elapsed from the date of the 

decision and thero is no FeEtl-:lest for a hearing l:Jnder this seotion. The filing of a 

request for a hearing postpones does not stay the effective date of the departmenfs 

decision l-:lntil the concll:Jsion of the hearing and issl-:lanoe of a final decision i3y the 

MAR Notice No. 17--
-4-

beaFG. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

reg uest for a hearing: or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injurv to the person requesting the stay. 

(9) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4) for 

undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.615 FIREFIGHTER TRAINING (1) through (5) remain the same. 

(6) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision.:. aR6 

R:tust inoluete aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final unless until 15 days have elapsed from the date of the 

decision anet the Fe is ne request fer a hearing uneter this seotien. The filing of a 

request for a hearing ~est~enes does not stay the effective date of the department's 

decision until the oenolusien ef the hearing anet issuanoe ef a final eteoisien by the 

9eafet.. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing: or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injurv to the person reguesting the stay. 

(7) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4) for 

undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

REASON: Sometimes burning wood waste on the premises where it is 

generated can produce unacceptable amounts of smoke that cause or contribute to 

MAR Notice No. 17-_ 
-5-

a violation of the National Ambient Air Quality Standards. This sort of impact can be 

avoided, for example, by removing tree debris following a severe wind storm in a city 

or moving piles of wood waste from the center of a town to a more remote location 

before burning. However, the current rule provides for case-by-case department 

decisions regarding the open burning of wood waste when it is moved from its place 

of origin. The proposed amendment to ARM 17.8.604(1)(a) would specify the 

circumstances under which moving wood waste from the location where it was 

generated and burning it may occur. The proposed amendment would require 

burners to comply with Best Available Control Technology when conducting such 

open burning. 

The 2003 Legislature amended 75-2-211, MCA, to eliminate an automatic 

stay of the department's decision to issue a permit upon a permit appeal. Pursuant 

to that amendment, a permit decision is stayed only following a petition and a finding 

that the person requesting the stay is entitled to the relief demanded in the request 

for hearing or that continuation of the permit would cause the petitioner great or 

irreparable injury. Further, the petitioner is liable for costs and damages to the 

permit applicant if the board ultimately finds the permit was properly issued. The 

proposed amendments to ARM 17.8.612(10) and (11), 17.8.613(8) and (9), 

17.8.614(8) and (9), and 17.8.615(6) and (7) reflect the Legislature's revision of the 

process for appealing air quality permits pursuant to 75-2-211, MCA. 

The proposed amendment to ARM 17.8.610(2) corrects a grammatical error. 

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., , 

2011. 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; 

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 

MAR Notice No. 17-_ 
-6-

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: 

DAVID RUSOFF 

Rule Reviewer 

BY: 

BOARD OF ENVIRONMENTAL REVIEW 

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

Chairman 

Certified to the Secretary of State, ______ , 2010. 

MAR Notice No. 17-_ 
Legal Unit Contacts 

DEQ Staff Directorv 

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Home » Dwector's Offiice » Legal Unit » Notices With Hearing 

Administrative Rules of Montana 

Notices of Proposed Rulemaking 

with Hearing 

10:00 a.m. Room 122, Last 

February- Chance Gulch 

2, 2011 Building, 1100 

North Last 

chance Gulch, 

Helena, !\'lantana 

10:00 a.m. Room 35, 

January fvletcalf Builqin~, 

12, 2011 1520 East S1xt 

Avenue, Helena, 

!\'lantana 

2:00p.m. Room 111( 

January Metcalf Buildin~, 

13, 2011 1520 East S1xt 

(or upon Avenue, Helena, 

conclusion f\.1ontana 

of public 

hearing for 

MAR Notice 

No. 17-

310) 

1:30 p.m. Room 111( 

January r...,etcalf Buildin~, 

13, 2011 1520 East S1xt 

Avenue, Helena, 

Montana 

Comment Due Date· ,.:;.,• ··. :,.,_; 

5:00p.m. 

February 

10, 2011 

5:00p.m. 

January 

20, 2011 

5:00p.m. 

January 

20, 2011 

5:00p.m 

January 

20, 2011 

Notice of Public Hearing on 

Prc;rosed Amendment, Ado~tion, 

an Repeal (Petroleum Tan 

Release Com~ensat1on Board - Proceaural an- Substantive rules 

Reqaramg Petroleum TanK Release 

Com(:!ensat1on -MAR Not1ce No. 17-

313) 

Notice of Public Hearing on 

Proposed Amendment and Adoption 

(Underr5ound Storage Tanks - AQplica 11itv, Com~l1ance 

InsQect1ons, Petroeum UST 

systems, Fee scFieaule~ Permit 

Issuance, and Anti-SI!;! on 

Req)1rements- MAR Not1ce No. 17-

314 

- ··-

Notice of Public Hearing on 

Propose£! Amendment (Air QualitvOpef Burning - !•1AR Not1ce No. 17-

311 

Notice of Public Hearin9 on 

Propose£! AmendmentAir QualityRevocation of Permit - MAR Not1ce 

No. 17-310) 
'f Montana Department of 

~ 1ENvJRONMENTALQUALITY Brian Schweitzer, Governor 

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

DATE: 

TO: 

FROM: 

Re: 

December 21, 2010 

Air Interested Parties 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

Public Hearings 

On January 13,2011, 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 amendment of ARM 

17.8.763 pertaining to revocation of permit. 

The Board is considering providing a process for notice by publication of the department's intent to 

revoke a Montana Air Quality Permit issued under Title 17, chapter 8, subchapter 7 when an owner or 

operator cannot be found for service by certified mail. 

On January 13, 2011, at 2:00p.m., or upon the conclusion of the public hearing for MAR Notice No. 17-

310, 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 ARM 17.8.604, 17.8.610, 

17.8.612, 17.8.613, 17.8.614, and 17.8.615 pertaining to open burning. 

The Board is considering the circumstances under which moving wood waste from the location where it 

was generated may be disposed of by open burning. The Board is also proposing to make open burning 

permits consistent with 75-2-211, MCA which eliminates an automatic stay of the department's decision 

to issue a permit upon a permit appeal. 

MAR Notice No.17-310 and MAR Notice No. 17-311 can be viewed at: 

http://deq.mt.gov/meetings.mcpx 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
EmaiiAddr_ ExpireDate FuiiName_ lslistAdm_ List_ MaiiForma· MemberiD. MemberType_ 

2horses@nemontel.ne Debbie Ma F deq_air_qL M 345916 normal \-., 5friendlyfish@bresnanJack & Parr F deq_air_qL M 392059 normal 

Abbie.Krebsbach@md1Abbie Kreb F deq_air_qL M 457465 normal 

aclark27@bloomberg.l Aaron Clarl F deq_air_qL M 462464 normal 

aday@trinityconsultanAaron Day F deq_air_qL M 166771 normal 

afanderson@fs.fed.us Anna Ande F deq_air_qL M 533438 normal 

ahedges@meic.org Anne Hedg F deq_air_qL M 343751 normal 

alexanderrr@cdm.corr Bob Alexan F deq_air_qL M 389128 normal 

allen@allen-associates Don Allen F deq_air_qL M 343770 normal 

andrea.perez@hexion. Andrea F deq_air_qL M 356888 normal 

apack@all4inc.com Amy Pack F deq_air_qL M 528908 normal 

astecpermits@gmail.c• Catherine F deq_air_qL M 559210 normal 

aussie_northcott@hot robert F deq_air_qL M 341541 normal 

azzie_301@hotmail.co k F deq_air_qL M 170082 norma I 

bdhohn@hohneng.cor Brian Hohn F deq_air_qL M 164275 normal 

bdundas@truecos.con Bob Dunda F deq_air_qL M 343771 normal 

beamman6056@msn.c Anderson F deq_air_qL M 362413 normal 

benjamin.recker@tetr; Ben Recker F deq_air_qL M 567878 normal 

berrysoup@yahoo.con bonita F deq_air_qL M 300382 normal 

beth_dickerson@fws.£ beth dicker F deq_air_qL M 569936 normal 

bettylu@blackfoot.net Jim Young F deq_air_qL M 534552 normal 

bhabeck@mt.gov Bob Habecl F deq_air_qL M 296818 normal \.., bholland@crowleylaw B. Holland F deq_air_qL M 373411 normal 

bjohnson@summite.cc Bruce John F deq_air_qL M 373406 normal 

bla kecrk@gma il.com Krista Evan F deq_air_qL M 455876 normal 

bml@stateside.com Becky Luka F deq_air_qL M 164160 normal 

bmontgomery@montc Bob Montg F deq_air_qL M 373396 normal 

bob.vantuyl@ashgrovt Bob Vantu, F deq_air_qL M 545783 normal 

boschleicher@mt.gov Bob Schleic F deq_air_qL M 374291 normal 

bovard.tiberi@gmail.c• Bovard Tib• F deq_air_qL M 362498 normal 

bret@bison-eng.com Bret Gallo F deq_air_qL M 444440 normal 

brian.mchugh@tetrate Brian McHt F deq_air_qL M 373393 normal 

brian.zieske@malmstr· Brian Ziesk· F deq_air _qL M 163703 normal 

brianna@clarkfork.org Brianna Ra1 F deq_air_qL M 545455 normal 

brogers@newfield.con Brad Roger F deq_air_qL M 417114 normal 

Bruce.Krepley@naes.c Bruce Krep F deq_air_qL M 463754 normal 

bsoamj@3rivers.net Mary Jane F deq_air_qL M 343950 normal 

BSquires@nicnd.com Bruce Squi1 F deq_air_qL M 288747 normal 

Bstevenson@rosipowe Bruce Steve F deq_air_qL M 374079 normal 

bsublasky@emsl.com ben F deq_air_qL M 368278 normal 

bullorj@bp.com Robin Bulle F deq_air_qL M 373400 normal 

burns.betsy@epa.gov Betsy Burn F deq_air_qL M 343933 normal 

L bvaughn@montana.co Barbara Va F deq_air_qL M 345932 normal 

c2nites2000@yahoo.c. Kermit Sno F deq_air_qL M 377280 normal 

calvin.e.kidney@wells1 Calvin Kidn F deq_air_qL M 373397 normal 

carl@compliancefreak Carl Williar F deq_air_qL M 491009 normal 
carlsonj@ho.missoula. Jim Carlson F deq_air_qL M 321822 normal 

cartoonsmart@mac.cc Buddy Rogt F deq_air_qL M 174513 normal 

cash1230@esaphaseo John Meye F deq_air_qL M 339077 normal 

cathyl@bkbh.com Cathy laug F deq_air_qL M 343772 normal 

cboe@mt.gov Chris Boe F deq_air_qL M 461258 normal 

cbreitling@encoreacq. Chris Breitl F deq_air_qL M 403494 normal 

cefarms@tetonwirele5 Chad Dohn F deq_air_qL M 499385 normal 

cflanders@nobleenerg Catherine F F deq_air _qL M 561310 normal 

chenine.wozniak@ch2 Chenine W F deq_air_qL M 389102 normal 

cheryllynned@marath· Cheryi-Lym F deq_air_qL M 534570 normal 

chomer@mt.gov Charles Ho1 T deq_air_qL M 505493 normal 

chuck.buus@riotinto.c Charles D. I F deq_air_qL M 166937 normal 

chuck@netentrust.con chuck F deq~air_qL M 463260 normal 

chuckp@cskt.org Chuck Page F deq_air_qL M 502665 normal 

cindy_buschman@mc' Cindy Buscl F deq_air_qL M 398499 normal 

cindymed@hotmail.co Cindy F deq_air_qL M 343755 normal 

claseur@plainsjustice.• Carrie La SE F deq_air_qL M 397819 normal 

cmhd@midrivers.com Mike Rinah F deq_air_qL M 345930 normal 

cmrcd@midrivers.com Monty l. SE F deq_air _qL M 461291 normal 

coate.carson@epa.gm, Carson Coa F deq_air_qL M 556794 normal 

colburnm@ho.missoul Mamie Coli F deq_air_qL M 343740 normal 

coolnickjr@hotmail.co randy lahe~ F deq_air _qL M 349802 normal 

coupscounter@yahoo. David saylc F deq_air_qL M 502217 normal 

cpowell@buysandasso Chad Powe F deq_air_qL M 279855 normal J cranecreations1@yahc Julia Crane F deq_air_qL M 568260 normal 

erose@ 3 rivers. net Corrine Ro! F deq_air_qL M 361198 normal 

crwindmueller@wtrco C. Ray Win• F deq_air_qL M 308562 normal 

dan.corti@mso.umt.ec Dan Corti F deq_air_qL M 345914 normal 

darrell.soyars@avistac Darrell Soy F deq_air_qL M 558615 normal 

daveduttonfraser@yal dave F deq_air_qL M 361183 normal 

david_long@eogresou David long F deq_air_qL M 335621 normal 

dblank@ncpa.org Danielle Bli F deq_air_qL M 360170 normal 

dbusby@montanarefir Dexter Bus F deq_air_qL M 343773 normal 

debbies_design@yaho Debra Vett F deq_air_qL M 507796 normal 

dhart@cleanair.com Dean Hart F deq_air_qL M 572860 normal 

dhrubes@midrivers.co David Hrub F deq_air_qL M 241654 normal 

diannalin@msn.com Dianna lint F deq_air_qL M 364119 normal 

djncjn@interbel.com F deq_air_qL M 569139 held 

djohnsonhorne@barrit Deborah Jo F deq_air_qL M 377035 normal 

dlambrecht@jbrenv.cc David lamt F deq_air_qL M 504846 normal 

dlorenzen@pioneer-te Diane Lore1 F deq_air_qL M 560930 normal 

dmunson@mt.gov Darren Mu F deq_air_qL M 461794 normal 

dmyran@montana-wc Darrel Myr F deq_air_qL M 369508 normal 

dolan.kathy@epa.gov F deq_air_qL M 436863 normal 

donald.may@tetratecl Don May F deq_air_qL M 373392 normal 

dpaulsen@ala-nr.org Dick Paulse F deq_air_qL M 363495 normal 

dpavuk@crowleylaw.c D. Pavuk F deq_air _qL M 373414 normal 
dpowers@summite.co Dan Power F deq_air _qL M 163937 normal 

dquander@hollandhar Don Quand F deq_air_qL M 163823 normal 

\.., drusoff@mt.gov Dave Rusot F deq_air_qL M 499322 normal 

dshonerd@multistate. David Shon F deq_air_qL M 373394 normal 

dsimonson@mt.gov Dave Sim01 F deq_air_qL M 296807 normal 

dsimpson@montana-v Dave Simp! F deq_air_qL M 163924 normal 

dsorensen@bozeman. Dewey Sort F deq_air_qL M 388798 normal 

dugiejm@hotmail.com Jeff F deq_air_qL M 407150 normal 

dujohnson@mt.gov Dusti F deq_air_qL M 505273 normal 

dwalsh@mt.gov Dan Walsh F deq_air_qL M 296804 normal 

dwatson@rosebudcou Daniel D. V. F deq_air_qL M 463323 normal 

dwolfe@mt.gov Deb Wolfe T deq_air_qL M 361050 normal 

ed@mt.net Ed Santos F deq_air_qL M 345931 normal 

eerp@mt.gov Elton Erp F deq_air_qL M 296812 held 

eisele.adam@epa.gov Adam Eisel F deq_air_qL M 374001 normal 

elbrunner@gmail.com Erica Brunr F deq_air_qL M 378228 normal 

emcrae@fageninc.corr Edward Me F deq_air_qL M 569120 normal 

emerchant@mt.gov Eric Merch; T deq_air_qL M 505496 normal 

emilieboyles@yahoo.c emilie boyl F deq_air_qL M 354639 normal 

esa@platts.com Esa F deq_air_qL M 407723 normal 

fcrowley@doneylaw.ce Frank Cro"" F deq_air_qL M 343775 normal 

fotto@ups.com Friedheim t F deq_air_qL M 502610 normal 

frank@shumaker.psen frank F deq_air_qL M 277672 normal \..... gabe.johnson@riotintc Gabe John! F deq_air_qL M 570976 normal 

gaila_consulting@msn Gail Abercr F deq_air_qL M 282029 normal 

gcm@sierraresearch.c· Gabe MeAl F deq_air_;qL M 369506 normal 

geraldschlosser@bene Gerald Schl F deq_air_qL M 286572 normal 

gjackson@emittechno Gary Jacksc F deq_air_qL M 404159 normal 

gjg@ecocion.com Gary Gates F deq_air_qL M 549004 normal 

gmcgann@co.carbon.r Gregory M F deq_air_qL M 363334 normal 

Greg.brown@chsinc.cc Greg Browt F deq_air_qL M 343777 normal 

greg.hildebrand@tterr Greg Hilde IF deq_air_qL M 389057 normal 

grey_nicolls@hotmail.· robert F deq_air_qL M 341487 normal 

grodway@bison-eng.c. Grant Rod\1 F deq_air_qL M 530679 normal 

hbedbury@montanare Hadley Bed F deq_air_qL M 560539 normal 

hestmark.martin@epa Martin Hes F deq_air_qL M 363493 normal 

hhsgreengroup@gmail HHS Green F deq_air_qL M 408752 normal 

hkaiser@hydrometrics Heidi Kaise F deq_air_qL M 549411 normal 

hpeterson@mtech.edl Holly Peter F deq_air_qL M 292640 normal 

hrash@mt.gov Hoby Rash F deq_air_qL M 533691 normal 

hrobbins@bison-eng.c Hal Robbin F deq_air_qL M 164065 normal 

info@kakuk.com Michael Ka F deq_air_qL M 365390 normal 

info@lion.com lion Techn· F deq_air_qL M 373403 normal 

info@northernplains.o Northern P F deq_air_qL M 363339 normal \.... j.castro@ci.burbank.cc: Jessica F deq_air_qL M 459770 normal 

Jackie.Fiikkema@KnifeJackie Flikk F deq_air_qL M 366921 normal 

jackross@nemontel.ne Jack Ross F deq_air_qL M 365517 normal 
jade.stokke@riotinto.cJade Stokkt F deq_air_qL M 374005 normal 

Jagadeesan.Sethuramc: Jagadeesar F deq_air_qL M 343778 normal 

...) ja hughes@ mt.gov Jim Hughe5 F deq_air_qL M 436864 normal 

jake.weirich@edaw.coJake Weirii· F deq_air_qL M 363414 normal 

jakenny@mt.gov Jake Kenny F deq_air_qL M 345922 normal 

jamie.christopher@ae1Jamie Chris F deq_air_qL M 559559 normal 

jamie.gaboriau@riotin jamie gabo F deq_air_qL M 445283 normal 

jamiew@slservices.ne1Jamie Whit F deq_air_qL M 568884 normal 

JasMatthews@msn.co James Mat F deq_air_qL M 546741 normal 

javid@mod2.com Javid Nia F deq_air_qL M 378053 normal 

jcarlin@mt.gov Jim Carlin F deq_air_qL M 296809 normal 

jchaffee@bison-eng.cc Jeff Chaffet F deq_air_qL M 345920 normal 

jcoefield@mt.gov John CoefiE F deq_air_qL M 296815 normal 

jdorris@mt.gov Joshua Dor F deq_air_qL M 548211 normal 

jean.semborski@cono1Jean Semb1 F deq_air_qL M 457345 normal 

jeannehallesy@yahoo. Jeanne F deq_air_qL M 397650 normal 

jeff.briggs@ashgrove.c Jeff Briggs F deq_air_qL M 543851 normal 

jeff@ajaxcompute rnet Jeff F deq_air_qL M 168389 normal 

Jenna_k_02@hotmaii.·Jenna Lorir F deq_air_qL M 345938 normal 

jennifer.cinq-mars@ar Jen F deq_air_qL M 503622 normal 

jennifer.pin@riverston Jennifer Pir F deq_air_qL M 409575 normal 

jennifergoldman@oga Jennifer Gc F deq_air_qL M 343779 normal 

jenomara@mt.gov Jenny O'Mi F deq_air_qL M 163542 normal 

jfdowns@babcock.con John Down F deq_air_qL M 571191 normal 

jford2@mt.gov McCloud (J F deq_air_qL M 296808 normal 

Jiakun.Zhang@stjude.c Jiakun Zhar F deq_air_qL M 165891 normal 

jmariepatrick@3rivers June Patrie F deq_air_qL M 403386 normal 

JMBianco@marathonc Julius Blanc F deq_air_qL M 478725 normal 

jmerkel@mt.gov Julie MerkE F deq_air_qL M 499317 normal 

jmparker@pplweb.cor Jim Parker F deq_air _qL M 343780 normal 

joe.w.lierow@exxonm Joe Lierow F deq_air_qL M 345918 normal 

Joe@shumaker.psema Joe Aline F deq_air_qL M 365375 normal 

JOELKelm@msn.com Joel Keirn F deq_air_qL M 357113 normal 

John@SenatorJohn.ne John Brueg F deq_air _qL M 374004 normal 

jon.madison@mdu.cor Jon madiso F deq_air_qL M 529813 normal 

joseph.w.lierow@exxoJoe Lierow F deq_air_qL M 421562 normal 

josephfdepaz@yahoo.doseph F. d F deq_air_qL M 506005 normal 

jrussell@flathead.mt.g Joe Russell F deq_air_qL M 321823 normal 

jscott@cherrycree krac Jay Scott F deq_air_qL M 463081 normal 

jsites@crowleylaw.cor J. Sites F deq_air_qL M 373412 normal 

jugorowski@mt.gov Joe Ugorov F deq_air_qL M 296803 normal 

Kalle.Kuether@mdu.cc Kalle Kueth F deq_air_qL M 459053 normal 

karen@netentrust.con karen F deq_air_qL M 463309 normal 

katrina_winborn@ursc Katrina Wir F deq_air_qL M 505943 normal 

kdavid@flathead.mt.g1 Kelly David F deq_air_qL M 296817 normal 

kenre@comcast.net Kenneth REF deq_air_qL M 395580 normal 

Kevin.Pilger@taqa.ca Kevin Pilge F deq_air_qL M 544388 normal 
kgehret@perkinscoie.( Kate Gehre F deq_air_qt M 490551 normal 

kgessaman@mt.gov Kathy GessT deq_air _qt M 163312 normal 

~ khooper@libby .org Kathy Hoo~ F deq_air_qt M 389104 normal 

kirsty _gilmour@hotm< Kirsty Gilm F deq_air _qt M 241577 normal 

kmoore@co.lewis-clar Kathy Moo F deq_air_qt M 296810 normal 

korr@mt.gov Katherine < F deq_air_qt M 499341 normal 

krobertson@mjbradle' KRobertsor F deq_air_qL M 374080 normal 

ksolberg@anacondade Karen Solbt F deq_air_qt M 455879 normal 

kwalsh@enviroconsult Kevin Wals F deq_air_qt M 164502 normal 

kwebb@m-m.net Kristi Webt F deq_air_qt M 343776 normal 

larry@montanasulphu Larry Zink F deq_air_qt M 343782 normal 

lclark@fs.fed.us Lori Clark F deq_air_qt M 369504 normal 

leah.bennett@rocketn Leah BennE F deq_air_qt M 545235 normal 

lee@prrlaw.com Lee Bruner F deq_air_qt M 287536 normal 

lepodal@yahoo.com Debbie Lep F deq_air_qt M 382444 normal 

LGiatz@mt.gov Glatz, LindcT deq_air_qt M 563959 normal 

lhendley@co.lewis-cla L Hendley F deq_air_qt M 502351 normal 

library@crowleylaw.cc Crowley La F deq_air_qt M 373410 normal 

lindsay.spurlock@riotil Lindsay Sp1 F deq_air_qt M 566944 normal 

ljordan@ravallicounty. Lea Jordan F deq_air_qt M 345915 normal 

llaknar@co.beaverhea Larry Laknc F deq_air_qt M 363325 normal 

lmoody@all-llc.com Lee Moody F deq_air_qt M 275445 normal 

lmoral@trinityconsultc Lani Moral F deq_air_qt M 463843 normal \.. lnguyen@trinityconsul Linda Nguy F deq_air_qt M 463844 normal 

lonnie.fallin@jacobs.c( Lonnie Falli F deq_air_qt M 490540 normal 

lstuder@stmaryland.cc luke F deq_air_qt M 407941 normal 

lweeks@nemont.net Linda Weel F deq_air_qt M 530271 normal 

lzanto@mt.gov Lynn Zanto F deq_air_qt M 345936 normal 

macka_maka@hotmai robert F deq_air_qt M 341505 normal 

marcellama@cskt.org Marcella W F deq_air_qt M 502980 normal 

Margaret.Zebley@aec• Margaret Z F deq_air_qL M 455877 normal 

margaret@montanasu Margaret F deq_air_qt M 393774 normal 

mark.lin@gmail.com Mark F deq_air_qt M 378449 normal 

mark@aspence.net Mark C. Pe· F deq_air_qt M 345928 normal 

markschaffer57@hotn mark schaf F deq_air_qt M 570453 normal 

mary.blel@chsinc.com Mary Blel F deq_air_qt M 551313 normal 

mbarton@co.missoula Michael Ba F deq_air_qL M 374294 normal 

mbasta@greatfallsmt.l Martin Bas F deq_air_qt M 373390 normal 

mbrown@ap.org Matt Brow1 F deq_air_qt M 457446 normal 

mcferrins@mt.net Felecity M( F deq_air_qt M 374295 normal 

megan.siems@sierracl Megan Sier F deq_air_qt M 497669 normal 

mhillman@trinitycons1 Melissa Hit F deq_air_qt M 242070 normal 

mhoffman@jeffco.mt.; Michael G. F deq_air_qt M 505660 normal 

michelle@skyride.net michelle He F deq_air_qt M 535993 normal '-- miosh_com@yahoo.cc Ken Liston F deq_air_qt M 562055 normal 

Mitcheii.Leu@plumcre Mitchell Le F deq_air_qt M 343783 normal 

mlct@mt.net Alec Hanse F deq_air_qt M 461780 normal 
mmca@mttrucking.orf Montana I\ F deq_air_qL M 363338 normal 

montanabobcat@gma Bob F deq_air_qL M 567511 normal 

mpa@montanapetrole 

mpainter@ci.missoula Michael 

Dave Galt 

L. F 

F 

deq_air_qL 

deq_air_qL 

M 

M 

505691 

163708 

normal 

normal ~ 

mpontiff@newfield.co Mike Ponti F deq_air _qL M 348288 normal 

mraile@montanarefini Mike Raile F deq_air_qL M 544072 normal 

mrlambrecht@pplweb Mark Laml:: F deq_air_qL M 345924 normal 

msimonich@helenaha Mark Simo1 F deq_air_qL M 406128 normal 

mtaudubon@mtaudut Montana A F deq_air _qL M 363337 normal 

muncie1929@itstriang Muncie Me F deq_air_qL M 529606 normal 

mwignot@hydrometri• Michael Wi F deq_air_qL M 373404 normal 

nathan@bison-eng.cor Nathan Bar F deq_air_qL M 497571 normal 

Nick.Lawyer@montani Nick Lawye F deq_air_qL M 545285 normal 

nickgeranios4317@ms Geranios E1 F deq_air_qL M 363347 normal 

nturnbull2@gmail.corr Neil Turnbt F deq_air_qL M 568913 normal 

obarta@mt.gov Cline Barta T deq_air_qL M 163313 normal 

parker-christensen.vic1 Victoria Pa1 F deq_air_qL M 408624 normal 

Parkside@bigsky.net Jennifer Sv. F deq_air_qL M 570979 normal 

Pat.kimmet@chsinc.cc Pat Kimme· F deq_air_qL M 343785 normal 

pat@crowleyconsultar Pat Crowle F deq_air_qL M 365376 normal 

patels3@hotmail.com patel F deq_air_qL M 167591 normal 

patty@johnsonlanema Patty F deq_air_qL M 403125 normal 

pauldsherrpc@yahoo.c Paul F deq_air_qL M 168880 normal 

pcollins@crowleylaw.c P. Collins F deq_air_qL M 373413 normal 

pjsimonich@pplweb.cc Pete Simor F deq_air_qL M 343786 normal 

pkukay@hotmail.com Paul Kukay F deq_air_qL M 570980 normal 

pmckenzie@stoltzelun Paul R. Mel F deq_air_qL M 460888 normal 

randall.j.richert@cono Randall Ric F deq_air_qL M 343787 normal 

rdaniel@ravallicounty. Rod Daniel F deq_air_qL M 373999 normal 

rdriear@centurytel.ne Ralph Drie< F deq_air _qL M 373405 normal 

rebecca@bison-eng.cc Rebecca F deq_air_qL M 171503 normal 

rebecca@northernplai Rebecca H F deq_air_qL M 543996 normal 

redtail47@gmail.com Jo Ellis F deq_air_qL M 392323 normal 

reed.j.marton@conocc Reed J. Ma F deq_air _qL M 163700 normal 

rfink@co.carbon.mt.u~ Rodney Fin F deq_air_qL M 363332 normal 

rgilson@cbmainc.com Robert Gils F deq_air_qL M 287244 normal 

rhughes@rmsmanager Rose Hughc F deq_air_qL M 373388 normal 

Rick.Walsh@Northwe~ Rick Wals~ F deq_air_qL M 345935 normal 

rjeffrey@mt.gov Robert Jeff F deq_air_qL M 296805 normal 

rkenyon@cgrs.com Randy Ken~ F deq_air_qL M 557161 normal 

roark@imt.net Carol Lee-11 F deq_air_qL M 408787 normal 

ron.hyatte@riotinto.cc Ron Hyatte F deq_air_qL M 459831 normal 

ronald.nadwornick@rr Ronald Nac F deq_air_qL M 461885 normal 

ross.whelchel@north~ Ross Whelc F deq_air_qL M 560801 normal 

rr@hayfam.com C. E. Robert! F deq_air_qL M 303415 normal 

rsouthwick@gr-northe Rich South' F deq_air_qL M 343788 normal 

Runningelkcliff@aol.cc Running Ell F deq_air_qL M 293167 normal 
russb@ycchd.org Russ Bosch F deq_air_qLM 321824 normal 

ruth_jensen@transcar Ruth Jense F deq_air_qL M 358767 normal 

\., RWeimer@stillwaterrr Randy Wei1 F deq_air_qL M 373998 normal 

sabrina_rojas@hotm; Sabrina F deq_air_qL M 307571 normal 

sabskb@gmail.com Scott and SF deq_air_qL M 363840 normal 

saraw@intermountain sara wakef F deq_air_qL M 553645 normal 

sbombard@natlforest! Sheree Bor F deq_air_qL M 363841 normal 

schmidtb@ho.missoul; Ben Schmi< F deq_air_qL M 296814 normal 

Shannon.morgan@ros Owen Orne F deq_air_qL M 369986 normal 

shatten@mt.gov Skye Hatte1 F deq_air_qL M 499318 normal 

sherry.bursey@anadar Sherry F deq_air_qL M 363505 normal 

sjohnson@co.cascade. Sandy John F deq_air_qL M 321820 normal 

smason@hydrometric! Scott Maso F deq_air_qL M 172021 normal 

smullins@industrialinf, Shane Mull F deq_air_qL M 365678 normal 

snowakowski@mt.gov Sonja Now; F deq_air_qL M 406692 normal 

sobrien@oasisemissiol Shawn a 0'1 F deq_air_qL M 557269 normal 

solsen@mt.gov Sandi Olser F deq_air_qL M 279495 normal 

srubino@sc.rr.com srubino F deq_air_qL M 462086 normal 

ssternberg@mt.gov Stan Sternt F deq_air_qL M 279498 normal 

Stacy.aguirre@wbip.cc Stacy Aguir F deq_air_qL M 343749 normal 

stellaholt@live.com Stella F deq_air_qL M 506003 confirm 

stephentsmith@earthl Stephen T. F deq_air_qL M 460148 normal 

stevew@bkbh.com Steve Wad' F deq_air_qL M 343789 normal 

'-' susanalise@cox.net Susan F deq_air_qL M 372107 normal 

sutherlin1971@earthli Sandra Sutl F deq_air_qL M 455957 normal 

swright@cfaluminum.c Steve Wrig F deq_air_qL M 343790 normal 

szehntner@mt.gov Steve Zehn F deq_air_qL M 296806 normal 

tadd.berger@erm.corr Tadd Berge F deq_air_qL M 376084 normal 

tdzomba@fs.fed.us Thomas Dz F deq_air_qL M 545135 normal 

teverts@mt.gov Todd Evert F deq_air_qL M 279494 normal 

thodik@centurypaving.com F deq_air_qL M 163963 normal 

thomas.pick@mt.usda Tom Pick F deq_air_qL M 308986 held 

tiphlmiller@yahoo.con Tiphanie KE F deq_air_qL M 406247 normal 

tjewett@NPCA.ORG Tony Jewe1 F deq_air_qL M 345921 normal 

tkircher@stillwatermir Tom Kirche F deq_air_qL M 373409 normal 

Todd.O'Hair@bigsky.n' Todd O'Hai F deq_air_qL M 571017 normal 

todg@cordite.com Tod Glenn F deq_air_qL M 463251 normal 

tom.gibbons@tetratec Tom Gibbo F deq_air_qL M 372974 normal 

townofalberton@blacl Diane Jods; F deq_air_qL M 362056 normal 

tquarles@retec.com Tim Quarle F deq_air_qL M 343791 normal 

traciebuhl @fs.fed. us Tracie F deq_air_qL M 560236 normal 

twidboom@barr.com TonyWidbF deq_air_qL M 362895 normal 

vdnnsa@aol.com Adam Shelc F deq_air_qL M 507693 normal 

victor.m.dugan@exxor Victor M. C F deq_air_qL M 286639 normal 

~ videtich.callie@epa.go Callie Vide1 F deq_air_qL M 436862 normal 

walkers@ci.billings.mt Scott Walk• F deq_air_qL M 373398 normal 

Wburget@peabodyen• Wanda Bur F deq_air_qL M 373408 normal 
Li, Janet 

Distribution List Name: Interested Parties not on Lyris 

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. mtgov 

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 
STEPHEN BLANKENSHIP FORD 

925 L ST STE 390 

SACR.AMENI'OCA 95814 

~S FLANSBURG 

HAYS LODGE POLE SQIOOLS 

BOX 110 

HAYS MT 59521 

RONAlD GEHRKE 

BIG SKY MINING CO 

POBOX97 

COLSTRIP MT 59323 

TAMMY JOHNSON 

ENVIRONOMICS INC 

POBOX 1026 

WHITEHALL MT 59159 

JERRY D. KNUTSON 

WEST TECH SUPPLY cl SERVICES 

POBOX80711 

BILLINGS MT 59108 

'"-· ~TER L MCNUTT 

.AfrEQUIPMENT SALES 

STATE SENATOR 

110 12TII AVE SW 

SIDNEY MT 59270 · 

FRED STEELE 

CSKT TRIBAL HEALTH 

ENVIRONMENTAL HEALTII 

BOX880 

ST IGNATIUS MT 59865 

GERALD WAGNER 

BLACKFEET TRIBAL 

ENVIRONMENTAL OmCE 

POBOX2029 

BROWNING MT 59417 

DALE COCKRELL 

CHRISTENSEN MOO;RE COCKRELL 

CUMMINGS cl AXELBERG PC 

POBOX7370 

KALISPEU MT 59904-0370 

ALAN FRONBERG 

GLACIER ENGINEERING PC 

124 1ST AVES STE 17 

GREATFALLSMT 59401 

JOHN GERHART 

POBOX283 

BELT MT 59412 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY MT 59634 

MICHAEL J LUCIANO 

FARM HARVESTING OF EUREKA 

POBOX 1050 

EUREKA MT 59917 

STEVE PILCHER 

POBOX 1715 

HELENA MT 59624-1715 

LILA TAYLOR 

HC42BOX595 

BUSBYMT 59016 

BARBDOWSKI 

REG MANAGER QWEST EH cl S 

1855 S FLATIRON COUR.T 

BOULDERCO 80301 

. PEGGY FRUIT 

TOWN OF BROADUS 

CLERKJTRBASUllER 

POBOX659 

BROADUS MT 59317 

LYNN lULL 

MSE-HKMINC 

POBOX7010 

SHBIUDAN 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 

NEIL lURNBULL 

POBOX404 

BROCKTON MT 59213 
-2880-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.604, 17.8.610, 17.8.612, 17.8.613, ) 

17.8.614, and 17.8.615 pertaining to ) 

open burning ) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On January 13, 2011, at 2:00p.m., or upon the conclusion of the public 

hearing for MAR Notice No. 17-310, 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 rules. 

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., January 3, 2011, 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 rules proposed to be amended provide as follows, stricken matter 

interlined, new matter underlined: 

17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The 

following material may not be disposed of by open burning: 

(a) any waste which is moved from the premises where it was generated, 

except as provided in ARM 17.8.604(2). 17.8.611 ... or 17.8.612(4)(a) or (4)(b),-ef 

unless approval is granted by the department on a ease by ease basis; 

(b) through (y) remain the same. 

(2) A person may not conduct open burning of any wood waste that is moved 

from the premises where it was generated. except as provided in ARM 17.8.611 or 

17 .8.612(4)(a) or (4)(b), or unless the department determines: 

(a) the material is wood or wood byproducts that have not been coated. 

painted. stained. treated. or contaminated by a foreign material; and 

(b) alternative methods of disposal are unavailable or infeasible. 

(3) A person conducting open burning of wood waste which is moved from 

the premises where it was generated shall comply with BACT. 

(4) A person intending to conduct open burning of wood waste which is 

moved from the premises where it was generated shall contact the department by 

calling the number listed in ARM 17.8.601(1) prior to conducting open burning. 

~@ Except as provided in ARM 17.8.606, Re ~person may not open burn 

any non prohibited material without first obtaining an air quality open burning permit 

from the department. 

24-12/23/1 0 MAR Notice No. 17-311 
-2881-

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.610 MAJOR OPEN BURNING SOURCE RESTRICTIONS 

(1) through (1 )(d) remain the same. 

(2) Proof of publication of public notice, consistent with this rule, must be 

submitted to the department before an application will be considered complete. An 

applicant for an air quality major open burning permit shall notify the public of the 

application for permit by legal publication, at least once, in a newspaper of general 

circulation in each airshed (as defined by the department) affected by the 

application. The notice must be published no sooner than ten days prior to submittal 

of an application and no later than ten days after submittal of an application. The 

form of the notice must be provided by the department and must include a statement 

that public comments concerning the application may be submitted to the 

department concerning the application within 20 days after publication of notice or 

filing of the application, whichever is later. A single public notice may be published 

for multiple applicants. 

(3) through (5) remain the same. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.612 CONDITIONAL AIR QUALITY OPEN BURNING PERMITS 

(1) through (9) remain the same. 

(1 0) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision.:. aR9 

must include aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final unless until 15 days have elapsed from the date of the 

decision and there is no request for a hearing under this section. The filing of a 

request for a hearing postpones does not stay the effective date of the department's 

decision until the conclusion of the hearing and issuance of a final decision by the 

beam. However, the board may order a stay upon receipt of a petition and a finding, 

after notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(11) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA 

MAR Notice No. 17-311 24-12/23/1 0 
-2882-

for undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.613 CHRISTMAS TREE WASTE OPEN BURNING PERMITS 

(1) through (7)(b)(iii) remain the same. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision .. aR9 

must inelude aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final unless until 15 days have elapsed from the date of the 

decision and there is no request for a hearing under this seetion. The filing of a 

request for a hearing postpones does not stay the effective date of the department's 

decision until the eonelusion of the hearing and issuanee of. a final deeision by the 

eaam. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(9) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4). MCA. 

for undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.614 COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS 

(1) through (7) remain the same. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision .. aR9 

must inelude aAn affidavit setting forth the grounds for the request must be filed 

within 30 days after the department renders its decision. The contested case 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final unless until 15 days have elapsed from the date of the 

decision and there is no request for a hearing under this seetion. The filing of a 

24-12/23/1 0 MAR Notice No. 17-311 
-2883-

request for a hearing postpones does not stay the effective date of the department's 

decision until the conclusion of the hearing and issuance of a final decision by the 

baafd.. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(9) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4). MCA. 

for undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

17.8.615 FIREFIGHTER TRAINING (1) through (5) remain the same. 

(6) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision.:. aR9 

must include aAn affidavit setting forth the grounds for the request must be filed ·'\ 

within 30 days after the department renders its decision. The contested case ..., 

provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, 

MCA, apply to a hearing before the board under this rule. The department's decision 

on the application is not final unless until 15 days have elapsed from the date of the 

decision and there is no request for a hearing under this section. The filing of a 

request for a hearing postpones does not stay the effective date of the department's 

decision until the conclusion of the hearing and issuance of a final decision by the 

baafd.. However. the board may order a stay upon receipt of a petition and a finding. 

after notice and opportunity for hearing. that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(7) Upon granting a stay. the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking. the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4). MCA. 

for undertakings on injunctions. 

AUTH: 75-2-111, 75-2-203, MCA 

IMP: 75-2-203, 75-2-211, MCA 

MAR Notice No. 17-311 24-12/23/1 0 
-2884-

REASON: Sometimes burning wood waste on the premises where it is 

generated can produce unacceptable amounts of smoke that cause or contribute to 

a violation of the National Ambient Air Quality Standards. This sort of impact can be 

avoided, for example, by removing tree debris following a severe wind storm in a city 

or moving piles of wood waste from the center of a town to a more remote location 

before burning. However, the current rule provides for case-by-case department 

decisions regarding the open burning of wood waste when it is moved from its place 

of origin. The proposed amendment to ARM 17.8.604(1)(a) would specify the 

circumstances under which moving wood waste from the location where it was 

generated and burning it may occur. The proposed amendment would require 

burners to comply with Best Available Control Technology when conducting such 

open burning. 

The 2003 Legislature amended 75-2-211, MCA, to eliminate an automatic 

stay of the department's decision to issue a permit upon a permit appeal. Pursuant 

to that amendment, a permit decision is stayed only following a petition and a finding 

that the person requesting the stay is entitled to the relief demanded in the request 

for hearing or that continuation of the permit would cause the petitioner great or 

irreparable injury. Further, the petitioner is liable for costs and damages to the 

permit applicant if the board ultimately finds the permit was properly issued. The 

proposed amendments to ARM 17.8.612(10) and (11), 17.8.613(8) and (9), 

17.8.614(8) and (9), and 17.8.615(6) and (7) reflect the Legislature's revision of the 

process for appealing air quality permits pursuant to 75-2-211, MCA. 

The proposed amendment to ARM 17.8.61 0(2) corrects a grammatical error. 

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., January 20, 

2011. 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; 

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

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

24-12/23/1 0 MAR Notice No. 17-311 
-2885-

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, December 13, 2010. 

MAR Notice No. 17-311 24-12/23/1 0 
BOARD OF ENVIRONMENTAL REVIEW 

Hearing Testimony- January 13, 2011 

Open burning rules 

Thank you, Katherine. My name is Debra Wolfe and I work in the Air Resources 

Management Bureau of the Department of Environmental Quality. I'm here 

today to represent the department regarding the Board's action on the proposed 

revisions to the open burning rules. 

In 2002 the Board amended 17.8.604 to provide an exception to the general 

prohibition in order to allow wood waste - generated in areas where burning 

would be unwise- to be moved to areas where the burning could take place 

under conditions applicable to other open burning. 

The Board originally revised the rule as a response to situations that occur when 

a city experiences a heavy snowfall or severe windstorm, causing tree limbs to 

break and fall to the ground. If other disposal methods are unavailable or not 

feasible, the Board felt that in-situ open burning would unacceptably increase 

particulate concentrations in populated areas and that it would be more 

appropriate to move fallen tree limbs downwind and away from town before open 

burning. 

The rule was submitted to EPA for inclusion into the State Implementation Plan in 

2003. In 2004, EPA proposed to disapprove the amended provision. EPA has 

not finalized the proposed disapproval, but has more recently indicated in 

discussion an inclination to approve if the rule was changed in some way to set 

forth conditions precedent to approval for this kind of open burning. 

The Department supports the Board's suggested revisions which provide 

appropriate conditions for those seeking approval to move and burn wood waste 

material. The revisions ensure "waste" that is moved from the premises where it 

is generated is still prohibited material and may not be burned unless it is 

conducted pursuant to a landfill or conditional open burning permit. The 

revisions also ensure the movement and burning is only an option for wood that 

is not already described as prohibited. The proposed revisions ensure other 

methods of disposal are considered. Finally, the proposal clearly requires the 

open burning to comply with BACT for open burning. 

The Board is proposing revisions to 17.8.604, 612, 613, 614, and 615 to make 

the rules consistent with 75-2-211(11), MCA which removed an automatic stay of 

permit approval during the process for appealing air quality permits. The 

legislation was enacted in response to a proposal involving the needs of persons 

submitting application for Montana Air Quality Permits. The legislature removed 

the automatic stay to allow commencement of construction of a proposed source 
without the delay occasioned by those who might appeal a Department decision 

to issue a permit. 

The proposed revision to ARM 17.8.610(2) merely corrects a grammatical error. 

The Department supports the proposed amendments as set forth in the notice 

published December 23, 2010 and requests the Board adopt the amendments so 

proposed. 
MAR Noticer I 7 ·· i i Ill 

Hearing Loca!lun .R,tJ, .:ftC 1 14dwa.. fv1·1 

Time & Date I It !i /u 

I 

i 

PUBLIC RULE HEARING SIGN-UP SHEET 

PLEASE PRINT CHECK ONE: 

Name Address Proponent Opponent Neutral Testify

f1tvL ._S):.. u IS 1 !ll /tl4 /)J-0 r. £ u, AJr 

F:\RULEMAKING\Sign-In.doc 
"f Montana Department of 

ENVIRONMENTAL QUALITY Brian Schweitzer, Governor 

Richard H. Opper, Director 

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 P/1~·/t 

SUBJECT: House Bill 521 and House Bill 311 review for Amendment of 

Open Burning Rules 

DATE: 

ARM Notice No. 17-311 

January 20, 2011 

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. 604 to specify circumstances under which wood 

waste may be moved from the premises where it was generated 

and then disposed of through open burning; 

Amend ARM 17.8.604(5) 

editorial revisions; and 

Amend ARM 

17.8.614(8) 

17.8.612(10) 

and (9) and 

and 17.8.610(2) by making minor 

and (11) , 

17.8.615(6) 

1 7 . 8 . 613 ( 8 ) and ( 9 ) , 

and (7), to reflect 

legislative revisions to the air quality permit appeal process 

provided in Section 75-2-211, MCA, of the Clean Air Act of 

Montana. 

None of the proposed amendments would make the state rules more 

stringent than comparable federal regulations or guidelines. There 

are no federal air quality open burning regulations or guidelines 

under the federal Clean Air Act. The only federal regulations or 

House Bill 521 and House Bill 311 Memo 

for Amendment of Open Burning Rules 

Enforcement Division • Permlttln& & Compliance Division • Plannia&, Prevention & Assistance Division • Remediation Division 

1 
guidelines related to open burning are found in the federal solid 

waste regulations at 40 CFR 257.3-7 and 40 CFR § 258.24, ,·~ 

prohibiting most open burning at solid waste landfills, generally, '-' 

and prohibiting most open burning at municipal solid waste 

landfills, respectively, and in 40 CFR § 265.382, prohibiting open 

burning of hazardous waste, except detonation of waste explosives. 

Therefore, no further House Bill 521 analysis is required. 

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; 

House Bill 521 and House Bill 311 Memo 

for Amendment of Open Burning Rules 

2 
* have a severe impact on the value of private property; or 

* 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 rulernaking does not have taking or damaging 

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

Enc. 

cc: Deb Wolfe, ARMB 

DMR 

House Bi11 521 and House Bill 311 Memo 

for Amendment of Open Burning Ru1es 

3 
Name of Project: Proposed Amendment of AirQuality Open Burning Rules 

MAR Notice No, 17-311 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRIVATE 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 of the property) 

X S. 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 Sa and Sb and continue with question 

6.] 

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

legitimate state interests? 

Sb. 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 ifNO is checked in response to question Sa or Sb. 

~'~/~ 

A 

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"signature of Reviewer 

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I/a.te I 
NO WRITTEN PUBLIC TESTIMONY WAS RECEIVED 

FOR THE CHANGES IN OPEN BURNING RULES. 
BEFORE THE BOARD OF ENVIROMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the Matter of the amendment of 

ARM 17.8.604, 17.8.610, 

17.8.612, 17.8.613, 

17.8.614 and 17.8.615 pertaining 

to open burning 

PRESIDING OFFICER REPORT 

1. On January 13, 2011, at 2 p.m., the undersigned Presiding Officer 

conducted the public hearing held in Room Ill of the Metcalf Building, 1520 East 

Sixth A venue, Helena, Montana, to take public comment on the above-captioned 

proposed amendments. The amendments specify circumstances under which 

wood waste may be moved from the premises where it w·as generated and then 

disposed of through open burning. The amendments remove grammatical errors 

and make the rules consistent with legislative revisions to Mont. Admin. Code 

Ann.§ 75-2-211(11) concerning the appeal of air quality permits. 

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

Register (MAR), Notice No. 17-311, published on December 23, 2010, in Issue 

No. 24. 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 

Lesofski Court Reporting, Inc. of Helena, MT recorded the hearing. 

4. 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. Deborah Wolfe, a planner with the Air Resources Management 

Bureau of the Montana DepartmeQt of Environmental Quality (Department), 

submitted a written statement supporting the amendments and gave a brief oral 

summary ofthe amendments at the hearing. (The written statement is attached.) 

6. No other testimony or written comments were submitted during or 

after the hearing. 

7. A written memorandum was submitted from Department staff 

attorney, David Rusoff with HB 5 21 and HB 311 reviews of the 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. §§ 2-10-10 I through 1 05), 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 January 20, 

2011. 

PRESIDING OFFICER COMMENTS 

11. The Board of Environmental Review (Board) has jurisdiction to 

make the proposed amendments. See Mont. Code Ann.§§ 75-2-111 and 75-2-

203. 
12. The conclusions in the memorandum of Mr. Rusoff concerning 

House Bill521 (1995) and House Bill311 (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 June 23, 2010 . 

. <""\._-r- f Dated this 0(';) day o March, 20 11. 

KATHERINE J. ORR 

Presiding Officer 
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment 

of ARM 1 7 . 8 . 6 0 4 , 1 7 . 8 . 61 0 , 1 7 . 8 . 612 , 

17.8.613, 17.8.614 and 17.8.615 

pertaining to open burning 

TRANSCRIPT OF PROCEEDINGS 

On the 13th day of January, 2011, beginning 

at 1:50 PM, the above-referenced matter was 

heard at the Department of Environmental Quality, 

1520 East Sixth Avenue, Helena, Montana, before 

Susan Johnson, Registered Professional Reporter, 

Notary Public. 

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

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BOARD COUNSEL 

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DEBRA WOLFE 

5 AIR RESOURCES MANAGEMENT BUREAU 

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

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Transcript of Proceedings 

Thereupon: 

MS. ORR: This hearing is called to order. 

My name is Katherine Orr. I am an attorney with the 

Attorney General's Office, and I've been asked by the 

Board of Environmental Review to preside over this 

hearing. Let the record show it is 10 minutes to 2:00 

on January 13, 2011. This hearing is taking place in 

Room 111 of the Metcalf Building in Helena, Montana. 

This is the time and place set for the rulemaking 

hearing in the matter of the proposed amendment of ARM 

17.8.604, 17.8.610, 17.8.612, 17.8.613, 17.8.614 and 

17.8.615 pertaining to open burning. 

Section 2-4-302(7) of the Montana Code 

Annotated requires me to read the Notice of Function of 

the Administrative Rule Review Committee. There is a 

listing in this Notice of legislative committees and 

State of Montana departments over which the committee 

has oversight. 

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The Notice reads 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 

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

monitoring functions for the following executive branch 

agencies and the entities attached to agencies for 

3 administrative purposes. 

4 Economic Affairs Interim Committee: The 

5 Department of Agriculture, the Department of Commerce, 

6 the Department of Labor and Industry, the Department of 

7 Livestock, Office of the State Auditor and Insurance 

8 Commissioner and Office of Economic Development. 

9 Education and Location Government Interim 

10 Committee: The State Board of Education, Board of 

11 Public Education, Board of Regents of Higher Education 

12 and Office of Public Instruction. 

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Children, Families, Health and Human Services 

Interim Committee: The Department of Public Health and 

Human Services. 

The Law and Justice Interim Committee: The 

17 Department of Corrections and the Department of Justice. 

18 Energy and Telecommunications Interim 

19 Committee: Department of Public Service Regulation. 

20 Revenue and Transportation Interim Committee, 

21 the Department of Revenue and the Department of 

22 Transportation. 

23 The State Administration and Veterans Affair 

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Interim Committee: The Department of Administration, 

the Department of Military Affairs and the Office of the 

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

Secretary of State. 

The Environmental Quality Council: The 

3 Department of Environmental Quality, and the Board of 

4 Environmental Review, the Department of Fish, Wildlife 

5 and Parks and the Department of Natural Resources and 

6 Conservation. 

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7 These interim committees and the EQC have the 

8 authority to make recommendations to an agency regarding 

9 the adoption, amendment or repeal of a rule or to 

10 request that the agency prepare a statement of the 

11 estimated economic impact of a proposal. They may also 

12 poll the members of the Legislature to determine if a 

13 proposed rule is consistent with the intent of the 

14 Legislature or, during a legislative session, introduce 

15 a bill repealing a rule or directing an agency to adopt 

16 or amend a rule or a Joint Resolution recommending that 

17 an agency adopt, amend or repeal a rule. 

18 The interim committees and the EQC welcome 

19 comments and invite members of the public to appear 

20 before them or to send written statements in order to 

21 bring to their attention any difficulties with the 

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

23 Box 201706, Helena, Montana 59620-1706. 

24 Notice of this Hearing was published in the 

25 Montana Administrative Register under MAR Notice No. 

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

1 17-311 on December 23rd, 2010. 

2 As required by ARM 1.3.311 of the Secretary 

3 of State's Model Rules, which have been adopted by the 

4 Board, I am required to summarize the major provisions 

5 of the Hearing Notice. 

6 Paragraph 3 of the Hearing Notice sets forth 

7 the proposed amendments in their entirety and the legal 

8 authority and rationale for those amendments. The 

9 rationale states that the current rule provides for 

10 case-by-case department decisions regarding the open 

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11 burning of wood waste when it is moved from its place of 

12 origin. The proposed amendment to ARM 17.8.604 1(a) 

13 would specify that the circumstances under which moving 

14 wood waste from the location where it was generated and 

15 burning it may occur. The proposed amendment would 

16 require burners to comply with the best available 

17 control technology when conducting such open burning. 

18 Paragraph 4 of the Hearing Notice indicates 

19 that interested persons may submit their data, views or 

20 arguments either orally or in writing at this hearing. 

21 The Notice also indicates that individuals may submit 

22 written data, views or arguments to the Board no later 

23 than 5:00 PM on January 20, 2011. To be guaranteed 

24 consideration, mailed comments must be postmarked on or 

25 before that date. Written data, views or arguments may, 

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

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1 on or prior to this deadline, be submitted to Elois 

2 Johnson, Paralegal, Department of Environmental Quality, 

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59620. She can provide fax or e-mail instructions. 

telephone is 406-444-4386. 

Her 

The order for presentation of testimony today 

will be that I will ask the Department's representative, 

Debra Wolfe, to begin with an explanation of the 

proposed amendments and the statements concerning those 

amendments. And then anyone else who wishes to testify, 

they may testify after her. 

It looks like there is no one else who wishes 

to testify, so it looks like we'll hear from the 

Department unless anyone else does wish to testify. 

Here for the Department is Deb Wolfe. 

MS. WOLFE: Thank you, Madam Presider. 

My name is Debra Wolfe, and I work in the Air 

Resources Mangement Bureau of the Department of 

Environmental Quality. I'm here today to represent the 

Department regarding the Board's action on the proposed 

21 revisions to the open burning rules. 

22 In 2002, the Board amended 17.8.604 to 

23 provide an exception to the general prohibition in order 

24 to allow wood waste generated in areas where burning 

25 would be unwise to be moved to areas where the burning 

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

1 could take place under conditions applicable to other 

2 open burning. 

3 The Board originally revised the rule as a 

4 response to situations that occur when a city 

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5 experiences a heavy snowfall or severe windstorm causing 

6 tree limbs to break and fall to the ground. If other 

7 disposable methods are unavailable or are not feasible, 

8 the Board felt that in situ open burning would 

9 unacceptably increase particular concentrations in 

10 populated areas, and it would be more appropriate to 

11 move fallen tree limbs downwind and away from town 

12 before open burning. 

13 The rule was submitted to EPA for inclusion 

14 into the State Implementation Plan in 2003. In 2004, 

15 EPA proposed to disapprove the amended provision. EPA 

16 has not finalized the proposed disapproval but has more 

17 recently indicated in discussion an inclination to 

18 approve, if the rule was changed in some way, to set 

19 forth conditions precedent to approval for this kind of 

20 open burning. 

21 The Department supports the Board's suggested 

22 revisions which provide appropriate conditions for those 

23 seeking approval to move and burn wood waste material. 

24 The revisions ensure waste that is moved from the 

25 premises where it is generated is still prohibited 

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Transcript of Proceedings 

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material and may not be burned unless it is conducted 

pursuant to a landfill or conditional open burning 

permit. The revisions also ensure that movement and 

burning is only an option for wood that is not already 

described as prohibited. The proposed revisions ensure 

other methods of disposal are considered. Finally, the 

proposal clearly requires the open burning to comply 

with BACT for open burning. 

The Board is proposing revisions to 17.8.604, 

612, 613, 614 and 615 to make the rules consistent with 

75-2-211(11) MCA which removed an automatic stay of 

permit approval during the process for appealing air 

quality permits. The.legislation was enacted in 

response to a proposal involving the needs of persons 

submitting application for Montana Air Quality Permits. 

The Legislature removed the automatic stay to allow 

commencement of construction of a proposed source 

without the display occasioned by those who might appeal 

a Department decision to issue a permit. 

The proposed revision to ARM 17.8.610(2) 

merely corrects a grammatical error. The Department 

supports the proposed amendment as set forth in the 

Notice published December 23rd, 2010 and requests the 

Board adopt the amendments so proposed. 

Thank you. 

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

1 MS. ORR: Thank you. There being no other 

2 people who wish to present testimony, this hearing is 

3 adjourned. 

4 (Whereupon, the taking of the deposition was concluded 

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

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7 I, Susan Johnson, Registered Professional 

8 Reporter, do hereby certify: 

9 That the hearing was taken before me at the 

10 time and place herein named, that the deposition was 

11 reported by me and that the foregoing pages 

12 contain a true record of the proceedings to the best of 

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my ability. f(_ .. -" 

DATED this dlf'~ day of(_~··£,J.::..:.'-----A~ 2011 

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

January 13 2011 

7:17;9:12,15 5:15 3: 16,21,23,24;5:7,18 

1 4 allow (2) Board (12) comply (2) 

7:24;9:16 3:5;4: 10,10,11 ;5:3; 6:16;9:7 

1.3.311 (1) 4 (1) amend (2) 6:4,22;7:22;8:3,8;9:9,24 concentrations (1) 

6:2 6:18 5:16,17 Board's (2) 8:9 

10 (1) 406-444-4386 (1) amended (2) 7:20;8:21 concerning (1) 

3:6 7:5 7:22;8:15 Box (2) 7:9 

111 (1) amendment (5) 5:23;7:3 concluded (1) 

3:8 5 3: 10;5:9;6: 12, 15;9:22 branch (1) 10:4 

13 (1) amendments (5) 4:1 conditional (1) 

3:7 5:00 (1) 6:7,8;7:9, 10;9:24 break (1) 9:2 

1520 (1) 6:23 Annotated (1) 8:6 conditions (3) 

7:3 59620 (1) 3:14 bring (1) 8:1,19,22 

17.8.604 (4) 7:4 appeal (1) 5:21 conducted (1) 

3:11;6:12;7:22;9:9 59620-1706 (1) 9:18 Building (1) 9:1 

17.8.610 (1) 5:23 appealing (1) 3:8 conducting (1) 

3:11 9:12 Bureau (1) 6:17 

17.8.6102 (1) 6 appear (1) 7:18 Conservation (1) 

9:20 5:19 burn (1) 5:6 

17.8.612 (1) 612 (1) applicable (1) 8:23 consideration (1) 

3:11 9:10 8:1 burned (1) 6:24 

17.8.613 (1) 613 (1) application (1) 9:1 considered (1) 

3:11 9:10 9:15 burners (1) 9:6 

17.8.614 (1) 614 (1) appropriate (2) 6:16 consistent (2) 

3:11 9:10 8:10,22 burning (15) 5:13;9:10 

17.8.615 (1) 615 (1) approval (3) 3:12;6:11,15,17;7:21, construction (1) 

3:12 9:10 8: 19,23;9: 12 24,25;8:2,8, 12,20;9:2,4, 9:17 

17-311 (1) approve (1) 7,8 control(1) 

6:1 7 8:18 6:17 

1a (1) areas (3) c Corrections (1) 

6:12 75-2-21111 (1) 7:24,25;8:10 4:17 

9:11 arguments (3) called (1) corrects (1) 

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A ARM(4) can (1) Council (3) 

2:00 (1) 3:10;6:2,12;9:20 7:4 3:22,24;5:2 

3:6 action (1) attached (1) case-by-case (1) current (1) 

2:05 (1) 7:20 4:2 6:10 6:9 

10:5 address (1) attention (1) causing (1) 

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6:23 adjourned (1) attorney (2) changed (1) 

2002 (1) 10:3 3:3,4 8:18 data (3) 

7:22 Administration (2) Auditor (1) Children (1) 6:19,22,25 

2003 (1) 4:23,24 4:7 4:13 date (1) 

8:14 Administrative (6) authority (2) circumstances (1) 6:25 

2004 (1) 3: 15,20,22,25;4:3; 5:8;6:8 6:13 deadline (1) 

8:14 5:25 automatic (2) city (1) 7:1 

200901 (1) adopt (3) 9:11,16 8:4 Deb (1) 

7:3 5: 15,17;9:24 available (1) clearly (1) 7:15 

2010 (2) adopted (1) 6:16 9:7 Debra (2) 

6:1;9:23 6:3 Avenue (1) Code (1) 7:8,17 

2011 (2) adoption (1) 7:3 3:13 December (2) 

3:7;6:23 5:9 away (1) commencement (1) 6:1;9:23 

201706 (1) Affair (1) 8:11 9:17 decision (1) 

5:23 4:23 comments (2) 9:19 

23rd (2) Affairs (2) B 5:19;6:24 decisions (1) 

6:1;9:23 4:4,25 Commerce (1) 6:10 

2-4-3027 (1) agencies (2) BACT (1) 4:5 Department (24) 

3:13 4:2,2 9:8 Commissioner (1) 4:5,5,6,6, 14,17, 17,19, 

agency (4) begin (1) 4:8 21,21,24,25;5:3,4,5; 

3 5:8,10,15,17 7:8 Committee (10) 6: 10;7:2,14, 15, 18,20; 

Agriculture (1) best (1) 3: 15,17,20;4:4,10,14, 8:21;9:19,21 

3 (1) 4:5 6:16 16,19,20,24 departments (1) 

6:6 Air (3) bill (1) committees ( 6) 3:17 

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January 13, 2011 

Department's (1) 3:24,24;5:7,18 guaranteed (1) 9:19 material (2) 7:7 error (1) 6:23 8:23;9:1 

deposition (1) 9:21 J matter (1) 

10:4 estimated (1) H 3:10 

described (1) 5:11 January (2) may (7) 9:5 evaluation (1) Health (2) 3:7;6:23 5:11 ;6: 15, 19,21,25; determine (1) 3:25 4:13,14 Johnson (1) 7:11;9:1 

5:12 exception (1) hear (1) 7:2 MCA (1) Development (1) 7:23 7:13 Joint (1) 9:11 

4:8 executive (1) hearing (10) 5:16 members (2) difficulties (1) 4:1 3:2,6, 7, 10;5:24;6:5,6, Justice (2) 5:12,19 

5:21 existing (1) 18,20;10:2 4:16,17 merely (1) directing (1) 5:22 heavy (1) 9:21 

5:15 experiences (1) 8:5 K Metcalf (1) disapproval (1) 8:5 Helena (3) 3:8 

8:16 explanation (1) 3:8;5:23;7:3 Katherine (1) methods (2) disapprove (1) 7:8 Higher (1) 3:3 8:7;9:6 8:15 4:11 kind (1) might (1) discussion (1) F Human(2) 8:19 9:18 

8:17 4:13,15 Military (1) display (1) fall (1) L 4:25 

9:18 8:6 I minutes (1) disposable (1) fallen (1) Labor (1) 3:6 

8:7 8:11 impact (1) 4:6 Model (1) disposal (1) Families (1) 5:11 landfill (1) 6:3 

9:6 4:13 Implementation (1) 9:2 monitoring (1) downwind (1) fax (1) 8:14 later (1) 4:1 

8:11 7:4 inclination (1) 6:22 Montana (7) during (2) feasible (1) 8:17 Law (1) 3:8, 13,17;5:23,25; 5:14;9:12 8:7 inclusion (1) 4:16 7:3;9:15 felt (1) 8:13 legal (1) more (2) E 8:8 increase (1) 6:7 8:10,16 

finalized (1) 8:9 legislation (1) move (2) East (1) 8:16 indicated (1) 9:13 8:11,23 7:3 Finally (1) 8:17 legislative (2) moved (3) Economic (3) 9:6 indicates (2) 3:16;5:14 6:11;7:25;8:24 4:4,8;5:11 Fish (1) 6:18,21 Legislature (3) movement (1) Education (4) 5:4 individuals (1) 5:12,14;9:16 9:3 

4:9,10,11,11 following (1) 6:21 limbs (2) moving (1) either (1) 4:1 Industry (1) 8:6,11 6:13 

6:20 follows (1) 4:6 listing (1) must (1) Elois (1) 3:19 Instruction (1) 3:16 6:24 

7:1 forth (3) 4:12 Livestock (1) else (3) 6:6;8:19;9:22 instructions (1) 4:7 N 7:10,12,14 Function (3) 7:4 Location (2) e-mail (1) 3:14,20,22 Insurance (1) 4:9;6:14 name (2) 7:4 functions (1) 4:7 looks (2) 3:3;7:17 enacted (1) 4:1 intent (1) 7:12,13 Natural (1) 9:13 5:13 5:5 

Energy (1) G interested (1) M needs (1) 4:18 6:19 9:14 

ensure (3) general(1) Interim (12) Madam(1) Notice (11) 8:24;9:3,5 7:23 3:21,23,24;4:4,9, 14, 7:16 3:14,16,19, 19;5:24, entirety (1) General's (1) 16, 18,20,24;5:7,18 mailed (1) 25;6:5,6, 18,21 ;9:23 6:7 3:4 into (1) 6:24 

entities (1) generated (3) 8:14 mailing (1) 0 4:2 6:14;7:24;8:25 introduce (1) 5:22 

Environmental (8) Government (1) 5:14 major (1) occasioned (1) 3:5,21,23;5:2,3,4;7:2, 4:9 invite (1) 6:4 9:18 19 grammatical (1) 5:19 Mangement (1) occur (2) EPA(3) 9:21 involving (1) 7:18 6:15;8:4 8:13,15,15 ground (1) 9:14 MAR(1) Office (5) EQC (4) 8:6 issue (1) 5:25 3:4;4:7,8, 12,25 

·-·: >,, LESOFSKI COURT REPORTING, INC., 406-443-2010 (2) Department's - Office 
Transcript of Proceedings 

January 13,2011 

one (1) 5:10 5:16 seeking (1) 4:18 

7:12 present (1) record (1) 8:23 telephone (1) only (1) 10:2 3:6 send (1) 7:5 

9:4 presentation (1) regarding (3) 5:20 testify (4) 

open (11) 7:6 5:8;6:10;7:20 Service (1) 7:10,11,13,14 .J 

3: 12;6:10,17;7:21; ·preside (1) Regents (1) 4:19 testimony (2) 8:2,8, 12,20;9:2, 7,8 3:5 4:11 Services (2) 7:6;10:2 

option (1) Presider (1) Register (1) 4:13,15 Thereupon (1) 9:4 7:16 5:25 session (1) 3:1 

orally (1) prior (1) Regulation (1) 5:14 today (2) 

6:20 7:1 4:19 set (3) 7:6,19 

order (4) process (1) removed (2) 3:9;8: 18;9:22 town (1) 

3:2;5:20;7:6,23 9:12 9:11,16 sets (1) 8:11 

origin (1) program (1) repeal (2) 6:6 Transportation (2) 6:12 3:25 5:9,17 severe (1) 4:20,22 

originally (1) prohibited (2) repealing (1) 8:5 tree (2) 

8:3 8:25;9:5 5:15 show (1) 8:6,11 

ORR(3) prohibition (1) represent (1) 3:6 

3:2,3;10:1 7:23 7:19 situ (1) u 

over (2) proposal (3) representative (1) 8:8 

3:5,17 5:11;9:7,14 7:7 situations (1) unacceptably (1) oversight (1) proposed (15) request (1) 8:4 8:9 

3:18 3: 10;5: 13,22;6:7,12, 5:10 Sixth (1) unavailable (1) 

15;7:9,20;8: 15,16;9:5, requests (1) 7:3 8:7 p 17,20,22,24 9:23 snowfall (1) under (3) proposing (1) require (1) 8:5 5:25;6: 13;8: 1 

Paragraph (2) 9:9 6:16 source (1) unless (2) 6:6,18 provide (3) required (2) 9:17 7:14;9:1 Paralegal (1) 7:4,23;8:22 6:2,4 specify (1) unwise (1) 7:2 provides (1) requires (2) 6:13 7:25 

Parks (1) 6:9 3:14;9:7 State (6) 

.J 5:5 provision (1) Resolution (1) 3: 17;4:7, 10,23;5: 1; v 

particular (1) 8:15 5:16 8:14 

8:9 - provisions (1) Resources (2) statement (1) Veterans (1) people (1) 6:4 5:5;7:18 5:10 4:23 

10:2 Public (5) response (2) statements (2) views (3) permit (3) 4:11,12, 14,19;5: 19 8:4;9:14 5:20;7:9 6:19,22,25 9:3,12,19 published (2) Revenue (2) states (1) 

permits (2) 5:24;9:23 4:20,21 6:9 w 

9:13,15 purposes (1) Review (6) State's (1) 

persons (2) 4:3 3:5,15,20,22,25;5:4 6:3 waste (5) 6:19;9:14 pursuant (1) revised (1) stay (2) 6:11,14;7:24;8:23,24 pertaining (1) 9:2 8:3 9:11,16 way (1) 3:12 revision (1) still (1) 8:18 

place (4) Q 9:20 8:25 welcome (1) 3:7,9;6: 11;8: 1 revisions (6) submit (2) 5:18 

Plan (1) Quality (8) 7:21 ;8:22,24;9:3,5,9 6:19,21 Whereupon (1) 8:14 3:21 ,23;5 :2,3 ;7 :2, 19; Room (1) submitted (2) 10:4 

PM(2) 9:13,15 3:8 7:1;8:13 Wildlife (1) 6:23;10:5 Rule (13) submitting (1) 5:4 

PO (2) R 3: 15,20,22,25;5:9,13, 9:15 windstorm (1) 5:22;7:3 15,16,17;6:9;8:3,13,18 suggested (1) 8:5 poll (1) rationale (2) rulemaking (1) 8:21 wish (2) 5:12 6:8,9 3:9 summarize (1) 7:14;10:2 populated (1) read (1) rules (4) 6:4 wishes (2) 8:10 3:14 5:22;6:3;7:21 ;9:10 supports (2) 7:10,12 postmarked (1) reads (1) 8:21 ;9:22 without (1) 6:24 3:19 s 9:18 

precedent(!) recently (1) T Wolfe (4) 8:19 8:17 Secretary (2) 7:8,15,16,17 premises (1) recommendations (1) 5:1;6:2 ..,) technology (1) wood (5) 8:25 5:8 Section (1) 6:17 6:11, 14;7:24;8:23;9:4 

prepare (1) recommending (1) 3:13 Telecommunications (1) work (1) 

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7:17 

writing (1) 

6:20 

written (3) 

5:20;6:22,25 

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

Transcript of Proceedings 

January 13,2011 

(4) writing- written 
JVIontana 

Board of Environmental Review P. 0. Bo:>< 200901 e Hclc:nn. MT 59620-0901 • (406) 444-2544 • W"bsitc: www.dcq.statc.mt.us 

TELECONFERENCE AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, MARCH 25, 2011 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH AVENUE, 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 participaJing via teleconference. One or more Board members may be present at the location stated above, 

as well as the Board's attorney and secretary. Interested persons, members of the public, and the media are welcome to attend at the 

locoticm 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:llwww.deg.mt.gov/berlindex.asp. The Board will moire 

reasonable accommodations for persons with disabilities who wish to participate in this meeting. Please contact the Board Secretary by 

telephone or by e-mail at iwittenbery@mtgov no later than 24 hoW's prior to the meeting to advise her of the nature of the accommodation 

you need. 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

l. January 28, 2011, Board meeting. 

II. BRIEFING ITEMS 

A. CONTESTED CASE UPDATE 

l. Cases assigned to Hearing Examiner 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 January 26, 2011, the Board received Notice of Continued Appearance of 

Counsel for North Star Aviation, Inc. 

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. Hearing Examiner Katherine Orr issued the First Scheduling Order on 

January 11, 2011. A hearing is scheduled for June 22, 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 

January 4, 2011, the Department filed The Department's Motion for Summary Judgment. 

The Board received the Respondent's Response to Motion for Summary Judgment and the 

Department's Reply Brief in Support of the Department's Motion for Summary Judgment 

on January 28, 2011. On March 3, 2011, Hearing Examiner Katherine Orr issued an Order 

Vacating Hearing Date to allow the hearing examiner additional time to rule on the Motion 

for Summary Judgment. 

Page 1 of4 
e. In the matter of the appeal and request for bearing 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. On February 1, 2011, the 

Board received the Appellant's Motion to Amend Scheduling Order. Hearing Examiner 

Katherine Orr issued the Second Scheduling Order on February 2, 2011, setting a hearing 

date of June 20, 2011. 

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

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

BER 2010-13 WQ. On January 24, 2011, the Board received the Appellant's Request for 

Fourth Extension of Time to Respond to First Prehearing Order. Hearing Examiner 

Katherine Orr issued a Fourth Order Granting Extension of Time giving the parties 

through February 25, 2011, to reach settlement or file a proposed hearing schedule. On 

February 28, 2011, the Board received the Appellant's Request for Fifth Extension of 

Time to Respond to First Prehearing Order and on March 3, 2011, Ms. Orr issued the 

Fifth Order Granting Extension of Time, giving the parties through March 31, 2011, to 

reach settlement or file a proposed prehearing schedule. 

g. In the matter of the appeal and request for bearing by Ronald and Debbie Laubach 

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

BER 2010-15 MFS. 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. The 

Board received MATL 's Supplemental Brief in Support of its Motion to Dismiss the 

Laubach Appeal on January 14, 2011, and Appellant Laubach's Additional Briefing on 

January 18. On January 19, 2011, the Board received MATL 's Notice of Submittal of 

Motion to Dismiss the Laubach Appeal and on January 21 it received MA TL's Amended 

Notice of Telephonic Deposition of Ronald Laubach. On February 1, 2011, the Board 

received Appellant Laubach's Response to Interrogatories, and on February 3, 2011, the 

Board received Intervenor MATL 's List of Witnesses and Exhibits. On March 3, 2011, 

Hearing Examiner Katherine Orr issued an Order Vacating Hearing and Resetting 

Prehearing and Hearing Dates, setting the hearing for March 29, 2011. 

h. In the matter of the appeal and request for bearing 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. On January 14, 2011, the Board received 

MATL's Notice ofSerice[sic] ofMATL's First Discovery Requests to Appellant Maurer 

Farms, Inc. A Notice of Appearance and a Response Brief to MATL 's Combined Motion 

to Dismiss was filed by Alan Joscelyn, attorney for the appellants, on January 20, 2011. 

On January 25, the Board received MATL 's List of Individuals Likely to Have 

Discoverable Information and Potential Exhibits. Hearing Examiner Katherine Orr issued 

a Second Amended Scheduling Order on January 26, 2011. On January 27, the Board 

received MATL 's Reply Brief in Support of Motion to Dismiss. The Board received 

Appellant's Response to MATL 's First Discovery Requests on February 17, 2011. On 

February 22, 2011, the Board received MATL's Unopposed Motion to Amend Scheduling 

Order. Ms. Orr issued a Third Amended Scheduling Order on March 1, 2011, setting a 

hearing on MATL's Motion for Summary Judgment for April 12, 2011. On March 7, 

2011, the Board received Appellants' Supplemented Response to MATL 's First Discovery 

Requests. 

i. 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, """"" 

BERAgenda Page 2 of4 March 25, 2011 
Musselshell County, Montana, BER 2010-17 SM. On January 11, 2011, Hearing 

Examiner Katherine Orr issued an Order Granting Extension of Time, giving the parties 

until January 28, 2011, to reach a settlement or file a proposed schedule. 

j. 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 fmal decision for Montana 

Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. On February 3, 2011, the Board received an Agreed Hearing Dates from 

the parties, requesting a two-day hearing during the week of July 11, 2011, in Kalispell. 

Hearing Examiner Katherine Orr issued a First Scheduling Order on March 1, 2011. 

k. 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 a Request for Extension on January 21, 

2011. On January 28, 2011, Hearing Examiner Katherine Orr issued an Order Granting 

Extension of Time, giving the parties through February 17 to reach settlement or file a 

proposed schedule. On March 1, 2011, at the request of DEQ counsel, Ms. Orr issued a 

Second Order Granting Extension ofTime giving the parties until March 10, 2011, to file 

a hearing schedule. 

2. Cases not assigned to a Hearing Examiner 

a. 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. At its January 28, 2011, meeting, the Board 

voted to hear this matter itself. Interim Hearing Examiner Katherine Orr issued the First 

Prehearing Order on December 23, 2010, giving the parties until January 13, 2011, to 

file a proposed schedule. 

b. 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. At its January 28, 2011, meeting, the Board voted 

to hear this matter itself. Interim Hearing Examiner Katherine Orr issued the First 

Prehearing Order on January 25,2011. 

B. GENERAL CORRESPONDENCE 

The Board will be briefed on the following correspondence received: 

I. January 20, 2011, letter from EPA, re: EPA's action on revisions to Montana's surface water 

quality standards. 

III. ACTION ITEMS 

A. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department will propose that the Board initiate rulemaking to: 

I. Amend 17.38.101 to correct a reference error and to create a new system type for purposes of 

engineering review and fee collection. This proposed amendment will have the effect of 

reducing engineering review fees for this new type of system. In addition, the Department is 

proposing amendments to clarity the water hauler requirements as defined in Title 17, chapter 

38, subchapter 5. 

2. Amend ARM 17.36.922 and ARM 17.36.924 to include additional criteria for use by the 

department when it hears appeals of local health board variance decisions, to clarify 

department procedures for variance review, and to make the rules consistent with statute. 

BERAgenda Page 3 of4 March 25, 2011 
B. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

1. In the matter ofthe amendment of air quality rules. The amendment to ARM 17.8.604 would 

require Department approval before moving and burning wood and wood byproducts and 

clarify compliance with BACT when contemplating and conducting open burning. The 

proposal also amends ARM 17.8.612(10), 17.8.613(8), 17.8.614(8), and 17.8.615(6) to be 

consistent with the direction of the legislature regarding the process for appealing air quality 

permits pursuant to 75-2-211, MCA. 

2. In the matter of the amendment of air quality rules. The amendment of ARM 17.8.763 sets 

forth a method of alternative service in the event an owner or operator cannot be found for 

regular mail delivery when notifying an owner or operator of a source regulated under Title 

17, Chapter 8, Subchapter 7 regarding the Department's intent to revoke a permit. 

C. FINAL ACTION ON CONTESTED CASES 

1. 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. On February 15, 2011, the Board received a joint Stipulation for 

Dismissal. An order dismissing the case will be presented for signature by the Chair. 

D. NEW CONTESTED CASES 

· 1. In the matter of violations of the Open cut Mining Act by Deer Lodge Asphalt, Inc., at 

the Olsen Pit, Powell County, Montana, BER 2011-02 OC. The Board received the appeal 

on March 8, 2011. The Board may appoint a permanent hearings examiner or decide to hear 

the matter. 

E. OTHER ACTION ON CONTESTED CASES 

1. 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. On January 20, 2011, the Board 

received The Department's Response to Petitioner's Request for Rehearing requesting that 

the Board reject the request for rehearing. 

N. 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 4 of4 March 25,2011 
--:,_ ·, 

'" ,, 

Page SO i 

1 beginning of the ·ng. And we did uncover a 1 MS. SHROPSHIRE: ye. >. 

2 couple of mechanical rrections that we'd just 2 MR. UVERS: Mr. W alen? 

1 like to speak to, and hn North, our Chief Legal 3 MR. WHALEN: Aye. 

Counsel, will address real quickly. I think 4 MR. UVERS: Mr. M' . they're going to be easy to incorporate 5 MR. MIRES: Aye. 

6 into the notice. Than you. 6 MR. UVERS: Chai an Russell. ,_ 

7 MR. NORTH: r. Chairman, members of the 7 CHAIRMAN RUSSE Aye. Motion carries. . t 

8 Board, John North, Ch Legal Counsel for DEQ. 8 Apparently we lost Larry. I j 

9 If you have the notiCe if you tum to the third 9 MS. SHROPSHIRE: we· have just four I ~ 10 page of the notice, w are the amendments to 10 members present? 1 

1 

11 17 .36.924, and if you down to Paragraph 6, New 11 CHAIRMAN RUSSE : Yes. I think we just I 1 

; 

12 Paragraph 6, you will that it says, "In 12 have a quorum, so stick a nd, okay? '~ 

13 evaluating the local rd's variance decision; . 13 MS. SHROPSHIRE: ell, all right. I'm 

14 the-Department shall pply the various alteria in 14 crossing the canadian bo r in about an hour, so 

15 Subsection (2)," whi of course references 15 as long as we're done by n, I'm good. L. 16 Subsection (2) of the me rule. 16 MR. UVERS: We ca have Jenny make the 

17 But those don't contain the various 17 rest of the presentations. 

criteria. They are lly in 17.36.922, which 18 MS. SHROPSHIRE: won't ask any more ' 18 I 

19 we are also amending add additional various 19 questions. I 

20 criteria, so in that Su 6, there should be 20 CHAIRMAN RUSSELL We'd better roll 

21 added before both of e two in parens 17.36.922. 21 then. The next item on the enda is executive I . 22 That's it. 22 summary for action on rule doption on amending 1 ·' 

23 CHAIRMANRU SELL: All right. Thanks, 23 the air quality open burning rules and other 

24 John. And Katherine, re you good to go on this 24 related items. 

25 one? 25 MS. WOLFE: Good rning, Chairman 

Page 51 Page 53 

1 MS. ORR: Yes. 1 Russell, members of the Board. My name is Debra I 

2 CHAIRMANRU Before we take 2 Wolfe. I work in the Air. Resources Management 

3 action, is there anyone in the audience or on the 3 Bureau. And l'rn here today to represent the 

4 phone that would like speak to this matter 4 Department regarding action on the proposed I , 5 before the Board takes action? 5 revisions to the open burning rules. And if 

6 (No response) 6 you'll indulge me a minute, I'll review what we 

7 OiAIRMAN RU Ell: Seeing none, I would 7 proposed in the notice published on December 23rd, 

8 entertain a motion to i itiate rulemaking, adopt 8 2010. I, 

9 the notice with the app priate changes to 924 9 ARM 17.8.604 is the list of materials 

10 that John North had tioned, appoint this to 10 that one is prohibited from burning under the open 

11 Katherine, and get mo ng. 11 burning rules. As I stated previously, In 2002, 

12 MR. WHALEN: r. Chairman, I would so 12 the Board amended 17.8.604 to provide an exception 

13 move that motion, and uest a roll call vote. 13 to the general prohibition in order to allow wood 

14 CHAIRMAN RU ELL: It's been moved. Is 14 waste generated in areas where burning would be 

15 there a second? 15 unwise to be moved to areas where the burning 

16 MS. SHROPSHI : Second. 16 could take place under conditions applicable to 

17 CHAIRMAN RUS Ell: It's been moved and 17 other open burning. 

18 seconded. Further com t? 18 The Board originally approved the rule 

19 (No response) 19 as a response to situations that occur when a·city 

20 CHAIRMAN RU ELL: Hearing none, all 20 experiences a heavy snowfall or severe wind storm 

21 those in favor, signify . saying aye on roll call 21 causing tree limbs to break and fall onto the 

22 by Tom Livers. 22 ground. If other disposal methods are unavailable 

23 MR. UVERS: M r Anderson. 23 or not feasible, it was felt that in situ open · 

24 (No response) 24 bumilig would unacceptably Increase particulate 

'-...,., 25 MR. UVERS: M s Shropshire? 25 concentrations In populated areas, and that it 

14 (Pages 50 to 53) 

LAURIE CRUTCHER, RPR 

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Page 54 Page 56 

would be more appropriate to move fallen tree 1 entertain a motion to adopt the rule as presented, 

limbs downwind and away from town before open 2 accept the Presiding Officer's report, the House 

burning. 3 Bill 521 and 311 analysis, and there were no 

The rule was submitted to EPA for 4 responses to comments. 

inclusion in the State Implementation Plan in 5 MS. WOLFE: There were no comments, Mr. 

2003. In 2004, EPA proposed to disapprove the 6 Chairman. 

amended provision. EPA has not followed up to 7 OiAIRMAN RUSSELL: Do I have a motion? 

finalize the proposed disapproval since that time, 8 MS. SHROPSHIRE: So moved. 

but has more recently indicated in discussions an 9 OiAIRMAN RUSSELL: It's been moved by 

inclination to approve if the rule was changed in 10 Robin. Is there a second? 

some way that would condition that approval. So 11 MR. WHALEN: Second. 

the notice set forth a proposal to revise the rule 12 CHAIRMAN RUSSELL: Seconded by Joe 

to provide 'conditions for approval into the SIP. 13 Whalen. Any further comments before we go? 

The revisions ensure that waste that is 14 (No response) - moved from the premises where it is generated is 15 CHAIRMAN RUSSELL: We will roll call, 

still prohibited material, an~ may not be burned 16 Tom. So all those in favor, signify by saying 

unless it is conducted pursuant to a landfill or 17 aye. 

conditional open burning permit. The revisions 18 MR. UVERS: Mr. Anderson? 

also· ensure the movement and burning is only an 19 (No response) 

option for wood that is not already described as 20 MR. UVERS: Ms. Shropshire? 

prohibited in 17.8.604(1)(e). The proposed 21 MS. SHROPSHIRE: Aye. . 

revisions ensure other methods of disposal are 22 MR. UVERS: Mr. Whalen. 

considered. Finally, the proposal would require 23 MR. WHALEN: Aye. 

the open burning to comply with BACT for open 24 MR. UVERS: Mr. Mires. 

burning. 25 MR. MIRES: Aye. 

Page 55 Page 57 

The proposed revision to ARM 17.8.610(2) 1 MR. UVERS: Chairman Russell. 

merely corrects grammatical error. 2 CHAIRMAN RUSSELL: Aye. Thanks. 

The notice also set forth revisions that 3 The next item on the agenda is 

make the open burning rules consistent with 4 amendments to the air quality rules, specifically 

legislation removing the automatic stay during the 5 17.8.763. 

process to appealing opening burning permits 6 MS. WOLFE: Thank you. Again, I'll 

pursuant to 75-2-211, Montana Code Annotated. 7 reiterate for the record that my name is Debra 

The ~rd initiated rulemaking and held 8 Wolfe, and I work in the Air Resources Management 

a public hearing on January 13th, 2011 to consider 9 Bureau, and I'm representing the Department today 

the proposed amendments to the above stated rules. 10 regarding action on the proposed revisions to the 

The Department supports the amendments as set 11 Montana air quality rules. 

forth in the rulemaking notice published on 12 The proposed revision to ARM 17.8.763 

December 23rd, 2010. Thank you. 13 would set forth a process for notice by 

CHAIRMAN RUSSELL: Thanks, Deb. 14 publication regarding the Department's intent to 

Questions for the Department? 15 revoke a permit for a source regulated under Title 

(No response) 16 17, Chapter 8, Subchapter 7. 

CHAIRMAN RUSSELL: Katherine, do you 17 The current rule fails to set forth a 

have anything to add? You were the Presiding 18 method of alternative service in the event an 

Officer on that. 19 owner or operator cannot be found for regular mail 

MS. ORR: I don't, Mr. Chairman. 20 delivery. The Department feels including a 

CHAIRMAN RUSSELL: Is there anYc>ne in 2-1 provision to help dose the loop in a situation 

the audience that would like to speak to this 22 where an owner or operator is delinquent in its 

matter before the Board takes action? 23 fee payment, and the Department is then obligated 

(No response) 24 to pursue them even though the owner or operator 

CHAIRMAN RUSSELL: Seeing none, I would 25 leaves no forwarding address or other information. 

15 (Pages 54 to 57) 

LAURIE CRUTCHER, RPR 

406-442-8262 
-· 'lt_; ': •..;·<..·.··· 

Page 58 ~\ .. ·· .. 

P~.· 

1 Chasing down a cold trail and 1 Board, this is a case involving a public water \: " ' 

2 maintaining administrative records for an inactive 2 supplier at a mobile home park in cascade County, 

3 source takes resources the Department can ill 3 and the allegation in the notice of violation was 

~4 afford. Publishing an intent to revoke a permit 4 a failure to monitor for total coliform bacteria 

r;,,.i 5 would provide any owner or operator sufficient 5 under the public water supply permit. $1,024 was 

6 time to halt the process and remedy the situation. 6 asked for in penalties for failure to report the 

7 The Board initiated rulemaking and held 7 coliform bacteria over four months. And the 

8 public hearing on January 13th, 2011 to consider 8 parties were able to get together and agree, I l 9 the proposed amendments in these rules. The 9 guess, that there was a misunderstanding as to the 

10 Department supports the amendments as set forth in 10 responsibilities of this mobile home park owner, 

11 the rulemaking notice published on December 23rd, 11 and the notice of violation was vacated, and ,., 

12 2010. Thank you. 12 penalties will not be imposed. 

13 CHAIRMAN RUSSELL: Thank you. Questions 13 CHAIRMAN RUSSELL: So therefore I have 

14 for the Department? 14 an order of dismissal for case N9. BER 2010-14PWS, 

I 15 (No response) 15 and I would entertain a motion to allow the Board 

16 CHAIRMAN RUSSELL: Katherine, anything 16 Chair to sign said order. 

17 to add? 17 MS. SHROPSHIRE: $0 moved. 

18 MS. ORR: No, Mr. Chairman. 18 CHAIRMAN RUSSELL: It's been moved by l: 19 CHAIRMAN RUSSELL: Is this just like a 19 Robin. Is there a second? 

20 record hearing, ten minutes? 20 MR. MIRES: Second. 

21 MS. ORR: It is. 21 CHAIRMAN RUSSELL: It's been seconded by l_ 22 CHAIRMAN RUSSELL: All right. Anyone in 22 Larry. Further Board discussion? 

23 the audience or on the phone who would like to 23 (No response) 

24 speak to this matter before the Board takes 24 CHAIRMAN RUSSELL: Hearing none, all 

25 action? 25 those in favor, signify by saying aye. 

Page 59 Page61 I' 

1 (No response) 1 M~. UVERS: Mr. Anderson. :..~ 

2 CHAIRMAN RUSSELL: Seeing and hearing 2 (No response) 

3 none, I would entertain a motion to adopt the rule 3 MR. UVERS: Ms. Shropshire. 

4 as presented, accept the Presiding Officer's 4 MS. SHROPSHIRE: Aye. 

5 report and the Department's 521 and 311 analysis. 5 MR. UVERS: Mr. Whalen. <" 

6 MR. MIRES: So moved. 6 MR. WHALEN: Aye. 

7 CHAIRMAN RUSSELL: It's been moved by 7 MR. UVERS: Mr. Mires. 

8 Larry. Is there a second? 8 MR. MIRES: Aye. • L 

9 MR. WHALEN: I'll second, Mr. Chairman. 9 MR. UVERS: Chairman Russell. 

10 CHAIRMAN RUSSELL: Seconded by Joe 10 CHAIRMAN RUSSELL: Aye. Nothing else, 

11 Whalen. We'll roll call, Tom. All those in 11 Katherine? ,_ 

12 favor, signify by saying aye. 12 MS. ORR: Nothing else on that case. 

13 MR. UVERS: Mr. Anderson. 13 Then I can go to the next item on the agenda if 

14 (No response) 14 you would like. 

15 MR. UVERS: Ms. Shropshire. 15 CHAIRMAN RUSSELL: That would be great. ·~ 

16 MS. SHROPSHIRE: Aye. 16 MS. ORR: Mr. Chairman, members of the 

17 MR. UVERS: Mr. Whalen. 17 Board, this is a new contested case matter 

18 MR. WHALEN: Aye. 18 involving an open cut mining act violation of • 

19 MR. UVERS: Mr. Mires. 19 failure to obtain an open cut mining permit before 

20 MR. MIRES: Aye. 20 disturbing 14.7 acres of land without a permit, 

21 MR. UVERS: Chairman Russell. 21 and the penalty sought is $27,600. a 

22 CHAIRMAN RUSSELL: Aye. All right. We 22 • CHAIRMAN RUSSELL: This is the Deer 

23 should be on to final action on contested cases. 23 Lodge Asphalt, Inc.? 

24 Katherine. 24 MS. ORR: Yes. . Ji 

f 25 MS. ORR: Mr. Chairman, members of the 25 CHAIRMAN RUSSELL: Well, I would 

16 (Pages 58 to 61) ~ 

LAURIE CRUTCHER, RPR 

406-442-8262 
Montana Department of Environmental Quality (DEQ)- Final Notice 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Home » Director's Office » Legal Unit » Final Notice 

Administrative Rules of Montana 

Final Notice of Rulemaking 

Effective 

4/15/11 

Purpose 

I Notice of Amendment (Air Oualitv- Ooen Burning -MAR Notice No. 17-

311) -------~ 

I Notice of Amendment (Air Quality - Revocation of Permit - MAR Notice No. 

17-310) 

4/15/11 

-------~ 

I 

Notice of Amendment (Motor Vehicle Recvclinq and Disposal 

Reimbursement Payments for AbandonedVehicle Removal - MAR Notice 

3/25/11 

3/25/11 

2/25/11 

2/25/11 

2/11/11 

2/11/11 

2/11/11 

. No. 17-316) 

I 

Notice of Amendment, Adoption, and Repeal (Petroleum Tank Release 

Compensation Board - Procedural and Substantive Rules Regarding 

Petroleum Tank Release Compensation- MAR Notice No. 17-313) 

Notice of Amendment (Hazardous Waste and Underground Storage Tanks 

-Emergency Preparedness. Prevention. and Response at Transfer 

Facilities Reporting of Suspected Releases. Reporting and Cleanup of 

Spills and Overfills. and Reporting of Confirmed Releases - MAR Notice No. 

17-315) 

I 

Notice of Amendment and Adoption- (Underground Storage TanksApplicability. Compliance Inspections. ·Petroleum UST Systems. Fee 

Schedule. Permit Issuance. and Anti-Siphon Requirements- MAR Notice . No. 17-314) 

I 

Notice of Amendment (Public Water and Sewage System Requirements - Maximum Organic Chemical Contaminant Levels - MAR Notice No. 17-

300) . . 

I 

Notice of Amendment (Air Quality - Incorporation by Reference of Current 

Fedearl Regulations and Other Materials Into Air Quality Rules - MAR · Notice No. 17-307) -------~ 

10/15/10 

8/27/10 

8/13/10 

Notice of Amendment, Adoption, and Repeal (CECRA Remediation - Definitions. Facility Listing. Facility Ranking, Delistinq a Facility on the 

CECRA Priority List. Incorporation by Reference. Proper and Expeditious 

Notice. Third-Party Remedial Actions at Order Sites. Additional Remedial 

Actions not Precluded. Orphan Share Reimbursement. Puroose - MAR 

Notice No. 17-296) 

I Notice of Amendment (Underground Storage Tanks- MAR Notice No. 17-

. 306) 

I Notice of Amendment (Solid Waste - Definitions and Annual Operating . License Requirements- MAR Notice No. 17-305) · 

httn:/ Idea .mt. QOV /dir/legal/adootion.mcpx 

Page 1 of2 

5/6/2011 
-569-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.604, 17.8.610, 17.8.612, 17.8.613, ) 

NOTICE OF AMENDMENT 

17.8.614, and 17.8.615 pertaining to ) (AIR QUALITY) 

open burning ) 

TO: All Concerned Persons 

1. On December 23, 2010, the Board. of Environmental Review published 

MAR Notice No. 17-311 regarding a notice of public hearing on proposed 

amendment of the above-stated rule at page 2880, 2010 Montana Administrative 

Register, issue number 24. 

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

3. No public comments or testimony were received. 

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, April 4, 2011. 

7-4/14/11 Montana Administrative Register 
AIR QUALITY 17.8.604 

17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The 

following material may not be disposed of by open burning: 

(a) any waste which is moved from the premises where it was generated, 

except as provided in ARM 17.8.604(2), 17.8.611, or 17.8.612(4)(a) or (4)(b); 

(b) food wastes; 

(c) Styrofoam and other plastics; 

(d) wastes generating noxious odors; 

(e) wood and wood byproducts that have been coated, painted, stained, 

treated, or contaminated by a foreign material, unless open burning is allowed under 

ARM 17.8.614 or 17.8.615; 

(f) poultry litter; 

(g) animal droppings; 

(h) dead animals or dead animal parts; 

(i) tires, except as provided in ARM 17.8.615; 

0) rubber materials; 

(k) asphalt shingles, except as provided in ARM 17.8.614 or 17.8.615; 

(I) tar paper, except as provided in ARM 17.8.614 or 17.8.615; 

(m) automobile or aircraft bodies and interiors, except as provided in ARM 

17.8.614 or 17.8.615; 

(n) insulated wire, except as provided in ARM 17.8.614 or 17.8.615; 

(o) oil or petroleum products, except as provided in ARM 17.8.614 or 

17.8.615; 

(p) treated lumber and timbers; 

(q) pathogenic wastes; 

(r) hazardous wastes, as defined by 40 CFR Part 261, incorporated by 

reference in ARM 17.8.602; 

(s) trade wastes, except as provided in ARM 17.8.611 or 17.8.612; 

(t) any materials resulting from a salvage operation; 

(u) chemicals, except as provided in ARM 17.8.614 or 17.8.615; 

(v) Christmas tree waste as defined in ARM 17.8.601, except as provided in 

ARM 17.8.613; 

(w) asbestos or asbestos-containing materials; 

(x) standing or demolished structures containing prohibited material, except 

as provided in ARM 17.8.612, 17.8.614, or 17.8.615; and 

(y) paint, except as provided in ARM 17.8.614 or 17.8.615. 

(2) A person may not conduct open burning of any wood waste that is moved 

from the premises where it was generated, except as provided in ARM 17.8.611 or 

17.8.612(4)(a) or (4)(b), or unless the department determines: 

(a) the material is wood or wood byproducts that have not been coated, 

painted, stained, treated, or contaminated by a foreign material; and 

(b) alternative methods of disposal are unavailable or infeasible. 

(3) A person conducting open burning of wood waste which is moved from 

the premises where it was generated shall comply with BACT. 

(4) A person intending to conduct open burning of wood waste which is 

moved from the premises where it was generated shall contact the department by 

calling the number listed in ARM 17.8.601(1) prior to conducting open burning. 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-395 
17.8.605 ENVIRONMENTAL QUALITY 

(5) Except as provided in ARM 17.8.606, a person may not open burn any 

nonprohibited material without first obtaining an air quality open burning permit from 

the department. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 75-2-211, 

MCA; NEW, 1982 MAR p. 689, Eff. 4/16/82; AMD, 1991 MAR p. 126, Eff. 2/1/91; 

AMD, 1994 MAR p. 2528, Eff. 9/9/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; AMD, 

1996 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2002 

MAR p. 3586, Eff. 12/27/02; AMD, 2011 MAR p. 569, Eff. 4/15/11.) 

17.8.605 SPECIAL BURNING PERIODS (1) The following categories of 

open burning may be conducted during the entire year: 

(a) prescribed wildland open burning; 

(b) open burning to train firefighters under ARM 17.8.615; 

(c) open burning authorized under the emergency open burning permit 

provisions in ARM 17.8.611; 

(d) essential agricultural open burning; 

(e) conditional air quality open burning; 

(f) commercial film production open burning; 

(g) Christmas tree waste open burning; and 

(h) any minor open burning that is not prohibited by ARM 17.8.604 or that is 

allowed by ARM 17.8.606. 

(2) Open burning other than those categories listed in (1) may be conducted 

only during the months of March through November. (History: 75-2-111, 75-2-203, 

MCA; IMP, 75-2-203, MCA; NEW, 1982 MAR p. 691, Eff. 4/16/82; AMD, 1994 MAR 

p. 2528, Eff. 9/9/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2002 MAR p. 

3586, Eff. 12/27/02.) 

17.8.606 MINOR OPEN BURNING SOURCE REQUIREMENTS 

(1) Unless required to obtain an open burning permit under another provision 

of this subchapter, a minor open burning source need not obtain an air quality open 

burning permit. 

(2) A minor open burning source must: 

(a) conform with BACT; 

(b) comply with all rules in this subchapter, except ARM 17.8.610; and 

(c) comply with any requirements or regulations relating to open burning 

established by any agency of local government, including local air pollution agencies 

established under 75-2-301, MCA, of the Montana Clean Air Act, or any other 

municipal or county agency responsible for protecting public health and welfare. 

(3) During September, October, or November, to conduct any minor open 

burning not prohibited by ARM 17 .8.604, a minor open burning source must adhere 

to the burning restrictions established by the department that are available by calling 

the department at (800) 225-6779. 

17-396 6/30/11 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.610 

17.8.610 MAJOR OPEN BURNING SOURCE RESTRICTIONS 

(1) Prior to open burning, a major open burning source must submit an 

application to the department for an air quality major open burning permit. The 

application must be accompanied by the appropriate air quality permit application 

fee required under ARM 17.8.514 and must contain the following information: 

(a) a legal description of each planned site of open burning or a detailed map 

showing the location of each planned site of open burning; 

(b) the elevation of each planned.site of open burning; 

(c) the method of burning to be used at each planned site of open burning; 

and 

(d) the average fuel loading or total fuel loading at each site to be burned. 

(2) Proof of publication of public notice, consistent with this rule, must be 

submitted to the department before an application will be considered complete. An 

applicant for an air quality major open burning permit shall notify the public of the 

application for permit by legal publication, at least once, in a newspaper of general 

circulation in each airshed (as defined by the department) affected by the 

application. The notice must be published no sooner than ten days prior to submittal 

of an application and no later than ten days after submittal of an application. The 

form of the notice must be provided by the department and must include a statement 

that public comments concerning the application may be submitted to the 

department within 20 days after publication of notice or filing of the application, 

whichever is later. A single public notice may be published for multiple applicants. 

(3) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision and 

must include an affidavit setting forth the grounds for the request. The contested 

case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 

6, MCA, apply to a hearing before the board under this rule. The department's 

decision on the application is not final unless 15 days have elapsed from the date of 

the decision and there is no request for a hearing under this section. The filing of a 

request for a hearing postpones the effective date of the department's decision until 

the conclusion of the hearing and issuance of a final decisio·n by the board. 

(4) A major open burning source must: 

(a) conform with BACT; and 

(b) comply with the conditions in any air quality open burning permit issued to 

it by the department, which will be in effect for one year from its date of issuance or 

another time frame as specified in the permit by the department. 

(5) To open burn in a manner other than that described in the application for 

an air quality open burning permit, the source must submit to the department, in 

writing or by telephone, a request for a change in the permit, including the 

information required by (1), and must receive approval from the department. 

(History: 75-2-111,75-2-203, MCA; IMP, 75-2-203,75-2-211, MCA; NEW, 1982 

MAR p. 690, Eff. 4/16/82; AMD, 1992 MAR p. 2061, Eff. 9/11/92; AMD, 1994 MAR p. 

2528, Eff. 9/9/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1999 MAR p. 

1660, Eff. 7/23/99; AMD, 2002 MAR p. 3586, Eff. 12/27/02; AMD, 2011 MAR p. 569, 

Eff. 4/15/11.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-399 
17.8.612 ENVIRONMENTAL QUALITY 

(8) An applicant for a conditional air quality open burning permit shall notify 

the public of the application by legal publication, at least once, in a newspaper of 

general circulation in the area affected by the application. The notice must be 

published no sooner than ten days prior to submittal of an application and no later 

than ten days after submittal of an application. Form of the notice must ·be provided 

by the department and must include a statement that public comments may be 

submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later. A single public 

notice may be published for multiple applicants. 

(9) A conditional air quality open burning permit granted under (4)(a) of this 

rule is a temporary measure to allow time for the entity generating the trade wastes 

to develop alternative means of disposal. 

(1 0) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until 15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effective date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(11) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1982 MAR p .. 691, Eff. 4/16/82; AMD, 1991 MAR p. 126, Eff. 

2/1/91; AMD, 1992 MAR p. 2285, Eff. 10/16/92; AMD, 1994 MAR p. 2528, Eff. 

9/9/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; TRANS, from DHES, 1996 MAR p. 

2285; AMD, 1999 MAR p. 1660, Eff. 7/23/99; AMD, 2002 MAR p. 3586, Eff. 

12/27/02; AMD, 2011 MAR p. 569, Eff. 4/15/11.) 

17-402 6/30/11 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.613 

17.8.613 CHRISTMAS TREE WASTE OPEN BURNING PERMITS 

(1) The department may issue an air quality open burning permit for disposal 

of Christmas tree waste, as defined in ARM 17.8.601(2). 

(2) The department may issue an air quality Christmas tree waste open 

burning permit if the department determines that emissions from open burning will 

not endanger public health or welfare or cause or contribute to a violation of any 

Montana or federal ambient air quality standard. 

(3) Christmas tree waste open burning must conform with BACT. 

(4) A permit issued under this rule is valid for one year, and applicants may 

reapply for a permit annually. 

(5) The department may place any reasonable requirements in an air quality 

Christmas tree waste open burning permit that the department determines will 

reduce emissions of air pollutants or minimize the impact of emissions, and the 

recipient of a permit must adhere to those conditions. The following conditions, at a 

minimum, must be included in any air quality Christmas tree waste open burning 

permit: 

(a) BACT for the year covered by the permit; and 

(b) a provision that the source may be required, prior to each bum, to receive 

approval from the department of the date and time of the proposed burn to ensure 

that good ventilation exists and to assign bum priorities, if necessary. Approval may 

be requested by calling the department at (800) 225-6779. 

(6) An application for an air quality Christmas tree waste open burning permit 

must be made on a form provided by the department. The applicant shall provide 

adequate information to enable the department to determine whether the application 

satisfies the requirements of this rule for a permit. 

(7) An applicant for an air quality Christmas tree waste open burning permit 

shall notify the public of its application either by publishing a notice in a newspaper 

of general circulation or by posting at least two public notices, one on the property as 

described in (a)(i), and one in a conspicuous location at the county courthouse as 

described in (a)(ii). 

(a) Posted public notices must comply with the following conditions: 

(i) at least one public notice must be posted on the property where the open 

burning is to occur, near the closest public right-of-way to the property, in a location 

clearly visible from the right-of-way; 

(ii) at least one public notice must be posted in a conspicuous location at the 

county courthouse in the county where the burning is to take place; 

(iii) the two public notices must be posted no sooner than ten days prior to 

submittal of the application and no later than ten days after submittal of the 

application and must remain posted in a visible condition for a minimum of 15 days; 

and 

(iv) the two public notices must state the information in the application, the 

procedure for providing public comment to the department on the application, the 

date by which public comments must be submitted to the department, and the 

procedure for requesting a copy of the department's decision. 

ADMINISTRATIVE RULES OF MONTANA 3/31/07 17-403 
17.8.614 ENVIRONMENTAL QUALITY 

(b) Publication of public notices in a newspaper must: 

(i) be by legal publication, at least once, in a newspaper of general circulation 

in the area affected by the application; 

(ii) be published no sooner than ten days prior to submittal of the application 

and no later than ten days after submittal of the application; and 

(iii) follow a form provided by the department, including a statement that 

public comments may be submitted to the department concerning the application 

within 20 days after publication of notice or filing of the application, whichever is 

later. A single public notice may be published for multiple applicants. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effective date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(9) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1994 MAR p. 2528, Eff. 9/9/94; TRANS, from DHES, 1996 

MAR p. 2285; AMD, 1999 MAR p. 1660, Eff. 7/23/99; AMD, 2011 MAR p. 569, Eff. 

4/15/11.) 

17.8.614 COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS 

(1) The department may issue an air quality commercial film production open 

burning permit for open burning of otherwise prohibited material as part of a 

commercial, educational film, or video production for motion pictures or television. 

Use of pyrotechnic special effects materials, including bulk powder compositions and 

devices, smoke powder compositions and devices, matches and fuses, squibs and 

detonators, and fireworks specifically created for use by special effects 

pyrotechnicians for use in motion picture or video productions is not considered 

open burning. 

17-404 6/30/11 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.614 

(2) The department may issue an air quality commercial film production open 

burning permit under this rule if the department determines that emissions from open 

burning will not endanger public health or welfare or cause or contribute to a 

violation of any Montana or federal ambient air quality standard. 

(3) A permit issued under this rule is valid for a single production. 

(4) Open burning under this rule must conform with BACT. 

(5) The department may place any reasonable requirements in an air quality 

commercial film production open burning permit issued under this rule that the 

department determines will reduce emissions of air pollutants or minimize the impact 

of emissions, and the recipient of a permit must adhere to those conditions. 

(6) An application for an air quality commercial film production open burning 

permit must be made on a form provided by the department. The applicant shall 

provide adequate information to enable the department to determine whether the 

application satisfies the requirements of this rule for a permit. Proof of publication of 

public notice, as required by (7), must be submitted to the department before an 

application will be considered complete. 

(7) An applicant for an air quality commercial film production open burning 

permit shall notify the public of its application by legal publication, at least once, in a 

newspaper of general circulation in the area affected by the application. The notice 

must be published no sooner than ten days prior to submittal of the application and 

no later than ten days after submittal of the application. Form of the notice must be 

provided by the department and must include a statement that public comments may 

be submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later. A single public 

notice may be published for multiple applicants. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

. the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until 15 days have elapsed from the date of the decision. The filing of a r~quest 

for a hearing does not stay the effective date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-405 
17.8.615 ENVIRONMENTAL QUALITY 

(9) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203; 

75-2-211, MCA; NEW, 1994 MAR p. 2528, Eff. 9/9/94; TRANS, from DHES, 1996 

MAR p. 2285; AMD, 2002 MAR p. 3586, Eff. 12127/02; AMD, 2011 MAR p. 569, Eff. 

4/15/11.) 

17.8.615 FIREFIGHTER TRAINING (1) The department may issue an air 

quality open burning permit for open burning of asphalt shingles, tar paper, or 

insulated wire which is part of a building or standing structure, oil or petroleum 

products, and automobile or aircraft bodies and interiors, for training firefighters, if: 

(a) the fire will be restricted to a building or structure, a permanent training 

facility, or other appropriate training site, in a site other than a solid waste disposal 

site; 

(b) the material to be burned will not be allowed to smolder after the training 

session has terminated, and no public nuisance will be created; 

(c) all asbestos-containing material has been removed; 

(d) asphalt shingles, flooring material, siding, and insulation which might 

contain asbestos have been removed, unless samples have been analyzed by a 

certified laboratory and shown to be asbestos-free; 

(e) all prohibited material that can be removed safely and reasonably has 

been removed; 

(f) the open burning accomplishes a legitimate training need; 

(g) clear educational objectives have been identified for the training; 

· (h) burning is limited to that necessary to accomplish the educational 

objectives; 

(i) the training operations and procedures are consistent with nationally 

accepted standards of good practice; and 

0) emissions from open burning will not endanger public health or welfare or 

cause or contribute to a violation of any Montana or federal ambient air quality 

standard. 

(2) The department may place any reasonable requirements in an air quality 

firefighter training open burning permit that the department determines will reduce 

emissions of air pollutants or will minimize the impact of emissions, and the recipient 

of a permit must adhere to those conditions. 

(3) The applicant may be required, prior to each burn, to notify the 

department of the anticipated date and location of the proposed training exercise 

and the type and amount of material to be burned. The department may be notified 

by phone, fax, or in writing. 

(4) An application for an air quality firefighter training open burning permit 

must be made on a form provided by the department. The applicant must provide 

adequate information to enable the department to determine whether the application 

satisfies the requirements of this rule for a permit. 

17-406 6/30/11 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.615 

(5) Proof of publication of public notice, consistent with this rule, must be 

submitted to the department before an application will be considered complete. An 

applicant for an air quality firefighter training open burning permit shall notify the 

public of the application for a permit by legal publication, at least once, in a 

newspaper of general circulation in the area affected by the application. The notice 

must be published no sooner than ten days prior to submittal of an application and 

no later than ten days after submittal of an application. The form of the notice must 

be provided by the department and must include a statement that public comments 

may be submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later. A single public 

notice may be published for multiple applicants. 

(6) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until 15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effective date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(7) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1982 MAR p. 691, Eft. 4/1/82; AMD, 1994 MAR p. 2528, Eft. 

9/9/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2011 MAR p. 569, Eft. 

4/15/11.) 

NEXT PAGE IS 17-421 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-407 
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AIR QUALITY 17.8.604 

17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The 

following material may not be disposed of by open bum.ing: . 

(a) any waste which is moved from the premises where it was generated, 

except as provided in ARM 17.8.604(2), 17.8.611, or 17.8,.612(4)(a) or (4)(b); 

(b) food W8$tes; 

(c) Styrofoam and other plastics; 

(d) wastes generating noxious odors;. 

(e) wood and wood byproducts that have been coated, painted, stained, 

treated, or contaminated by a foreign·material, unless open burning is allowed under 

ARM 17.8.614 or 17.8.615;. 

(f) poultry litter; 

(g) animal droppings; 

(h) dead animais or dead animal·parts; 

(i) tires, except as provided in ARM 17.8.615; 

· (J) rubber materials; 

(k) asphalt shingles, except as provided in ARM 17.8.614 or 17.8.615; 

(I) tar paper, except as provided in ARM 17.8.614 or 17.8.615; 

(m) automobile or aircraft bodies and interiors, except as provided in ARM 

17.8.614 or 17~8.615; 

(n) insulated wire, except as p·rovided in ARM 17.8.614 or 17.8.615; 

(o) oil or petroleum products, except as provided in ARM 17.8.614 or 

17.8 .. 615; 

(p) treated lumber and timbers; 

(q) pathogenic wastes; 

(r) hazardous wastes, as defined by 40 CFR Part 261, incorporated by 

reference in ARM 17.8.602; 

(s) trade wastes, except as provided in ARM 17.8.611 or 17.8.612; 

(t) any materials resulting from a salvage operation; 

(u) chemicals, except as provided in ARM 17.8.614 or 17.8.615; 

(v) Christmas tree waste as defined in ARM 17.8.601, except as provided in 

ARM 17.8.613; 

(w) asbestos or asbesto~-containing materials; 

(x) standing or demolished structures containing prohibited material, except 

as provided in ARM 17.8.612, 17.8.614, or 17.8.615; and 

(y) paint, except as provided in ARM 17.8.614 or 17.8.615. 

(2) A person may not conduct open burning of any wood waste that is moved 

·from the premises where it was generated, except as provided in ARM 17.8.611 or 

17.8.612(4)(a) or (4)(b), or unless the department determines: . 

(a) the material is wood or wood byproducts that have not been coated, 

painted, stained, treated, or contaminated by a foreign material; and 

(b) alternative methods of disposal are unavailable or infeasible. 

(3) A person conducting open burning of wood waste which is moved from 

the premises where it was generated shall comply with BACT. 

(4) A person intending to conduct open buming.ofwood waste which is 

moved from the premises where it was generated shall contact the department by 

calling the number listed in ARM 17.8.601(1) prior to conducting open burning. 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-395 
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17.8.605 ENVIRONMENTAL QUALITY 

. (5) Except as provided in ARM 17.8.606, a person may not open burn any 

nonprohibited material without first obtaining an air quality open burning permit from 

.the department. (History: 75-2-111,75-2-203, MCA; IMP, 75-2-203,75-2-211, 

MCA; NEW, 1982 MAR p. 689, Eff. 4/16/82; AMD, 1991 MAR p.126, Eff. 2/1/91; 

AMD, 1994 MAR p. 2528, Eff. 919/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; AMD. 

1996 MAR p. 1844, Eff. 7/4_/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2002 

MAR p. 3586, Eff. 12/27/02; AMD, 2011 MAR p. 569, Eff. 4/15/11.) 

17.8.605 SPECIAL BURNING PERIODS (1) The following categories of 

open burning may be conducted during the entire year: 

(a) prescribed wildland open burning; · 

(b) open burning to train firefJQhters Linder ARM 17.8.615; 

. (c) open burning authorized under the _emergency open burning permit 

provisions in ARM 17.8.611; 

(d) essential agricultural open burning; 

(e) conditional air quality open burning; 

(f) 'commercial film production open burning; 

(g) Christmas tree waste open burning; and 

. (h) any minor open burning that is not prohibited by ARM 17.8.604 or that is 

allowed by ARM 17·.8.606. 

(2) Open burning other than those categories listed in (1) may be conducted 

only during the months of March through November. (History: 75-2-111, 75-2-203, 

MCA; IMP, 75-2-203, MCA; NEW, 1982MAR p. 691, Eff. 4/16/82; AMD, 1994 MAR 

p. 2528, Eff. 9/9/94; TRANS, from DHES; 1996 MAR p. 2285; AMD, 2002 MAR p. 

3586, Eff. 12/27/02.) 

17.8.606 MINOR OPEN BURNING SOURCE REQUIREMENTS 

(1) Unless required to obtain·an open burning permit under another provision· 

of this subchapter, a minor open burning source need not obtain an air quality open 

burning permit. · 

(2) A minor open burning source must 

(a) conform with BACT; . 

(b) comply with all rules in this subchapter, except ARM 17.8.610; and 

(c) comply with any requirements or regulations relating to open burning 

established by any agency of local government, including local air pollution agencies 

established under 75-2-301, MCA, of the Montana Clean Air Act, or any other 

municipal or county agency responsible for protecting public health and welfare. 

(3) During September, October, or November, to conduct any minor open 

burning not prohibited by ARM 17.8.604, a minor open bu~ning source must adhere 

to the burning restrictions established by the department that are available by calling 

the department at (800) 225-6779. · 

17-396 6/30/11 ADMINISTRA liVE RULES OF MONTANA 
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·AIR QUALITY 17.8.610 

17.8.610 MAJOR OPEN BURNING SOURCE RESTRICTIONS 

(1) Prior to open burning, a major open burning source must submit an 

applica~on to the department for an air quality major open burning permit. The 

application must be accompanied by the appropriate air quality permit application 

fee required under ARM 17.8.514 and must contain the following information: 

(a) a legal description of each planned site of open burning or a detailed map 

showing the location of each planned site of open burning; 

(b) the elevation of each planned.site of open burning; 

(c) the method of burning to be used at each planned site of open burning; 

and 

(d) the average fuel loading or total fuel loading at each site to be burned. 

(2) Proof of publication of public notice, consistent with this rule, must be 

·submitted to the department before an application will be considered complete. An 

applicant for an air quality major open burning permit shall notify the public of the 

application for permit by legal publication, at least once, in a newspaper of general 

circulation in each airshed (as defined by the department) affected by the 

application. The notice must be published no sooner than ten days prior to submittal 

of an appliCation and no later than ten days after submittal of an application. The 

· form of the notice must be provided by the department and must include a statement 

that public comments concerning the application may be submitted to the 

department within 20 days after publication of notice or filing of the application, 

whichever is later. A single public notice may be published for multiple applicants. 

(3) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The requesUor 

hearing must be filed within 15 days after the department renders its decision and 

must include an affidavit setting forth the grounds for the request. The contested 

case provisions of the Montana Administrative Procedure Act, Tille 2, chapter 4, part 

6, MCA, apply to a hearing before the board under this rule. The department's 

decision on the application is not final unless 15 days have elapsed from the date of 

the decision and there is no request for a hearing under this section. The filing of a 

request for a hearing postpones the effective date of the departmenfs decision until 

the conclusion of the hearing and issuance of a final decisio·n by the board. 

(4) A major open burning source must: 

(a) conform with BACT; and 

(b) comply with the ·conditions in any air quality open burning permit issued to 

it by the department, which will be in effect for one year from its date of issuance or 

another time frame as specified in the permit by the department. 

(5) To open burn in a manner other than that described in the application for 

an air quality open burning permit, the source must submit to the department, in 

writing or by telephone, a request for a change in the permit, including the 

information required by (1), and must receive approval from the department. 

(History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 75-2-211, MCA; NEW, 1982 

MAR p. 690, Eff. 4/16/82; AMD, 1992 MAR p. 2061, Eff. 9/11/92; AMD, 1994 MAR p. 

2528, Eff. 9/9/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1999 MAR p. 

1660,.Eff. 7/23/99; AMD, 2002 MAR p. 3586, Eff. 12/27/02; AMD, 2011 MAR p. 569, 

Eff. 4/15/11.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-399 
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17.8.612 ENVIRONMENTAL QUALITY 

(8) An applicant for a conditional air quality open burning permit shall notify 

the public of the application by legal publication, at least once, in a newspaper of 

general circulation in the area affected by the application. The notice must be 

published no sooner than· teh daYs prior to submittal of an application and no later · 

than ten days after submittal of an application. Form ofthe notice must ·be provided 

by the department and must include a statement that public comments may be 

submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later. A single public 

notice may be published for multiple applicants. 

(9) A conditional air quality open burning permit granted under (4)(a) of this 

rule is a temporary measure to allow time for the entity generating the trade wastes 

to develop alternative means of disposal. 

(10) When the department approves or denies the application for a permit . 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. · The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Trtle 2, chapter 4, part 6, MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the.effective date ofthe department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: , 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

. irreparable injury to the person requesting the stay. 

(11) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 2.7-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1982 MAR p .. 691, Eff. 4/16/82; AMD, 1991 MAR p. 126, Eff. 

2/1/91; AMD, 1992 MAR p. 2285, Eft. 10/16/92; AMD, 1994 MAR p. 2528, Eft. 

9/9/94; AMD, 1995 MAR p. 535, Eft. 4/14/95; TRANS, from DHES, 1996 MAR p .. 

2285; AMD, 1999 MAR p. 1660, Eft. 7/23/99; AMD, 2002 MAR p. 3586, Eff .. 

12127/02~ AMD, 2011 MAR p. 569, Eff. 4115/11.) 

17-402 6130/11 ADMINISTRATIVE RULES OF MONTANA 
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AIR QUALITY 17.8.613 

17.8.613 CHRISTMAS TREE WASTE OPEN BURNING PERMITS 

(1) The department may issue an air quality open burning permitfor disposal 

of Christmas tree waste, as defined in ARM 17.8.601(2). 

(2) The department may issue an air quality Christmas tree waste open 

burning permit if the department determines that emissions from open burning will 

not endanger public health or welfare or cause or contribute to a violation of any 

Montana or federal ambient air quality standard. 

(3) Christmas tree waste open burning must conform with BACT. 

(4) A permit issued under this rule is valid for one year, and applicants may 

reapply for a permit annually. 

(5) The department may place any reasonable requirements in an air quality 

Christmas tree waste open .burning permit that the department determines will 

reduce emissions Qf air pollutants or minimize the impact of ~missions, and the 

recipient of a permit must adhere to those conditions. The following conditions, at a 

· minimum, .must be included in any air quality Christmas tree waste open burning 

permit: 

(a) BACT for the year covered by the permit; and 

(b) a provision that the source may be required, prior to each bum, to receive 

approval from the department of the date and time of the proposed. burn to ensure 

that good ventilation exists and to assign bum priorities, if necessary. Approval may 

be requested by calling the department at (800) 225-6779. 

(6) An application for an air quality Christmas tree waste open burning permit 

must be made on a form provided by the department. The applicant shall provide 

adequate information to enable the department to determine whether the application 

satisfies the requirements of this rule for a permit. 

(7) An applicant for an air quality Christmas tree waste open burning permit 

shall notify the public of its application either by publishing a notice iri a newspaper 

of general circulation or by posting at least two public notices, one on the property as 

described in (a)(i), and one ·in a conspicuous location at the county courthouse as 

described in (a)(ii). 

(a) Posted public notices must comply with the following conditions: 

(i) at least one public notice must be P<>sted on the property where the open 

burning is to occur, near the closest public right-of-way to the property, in a location 

clearly visible from the right-of-way; 

(ii) at least one public notice must be posted in a conspicuous location at the 

county courthouse in the county where the burning is to take place; 

(iii) the two- public notices must be posted no sooner than ten days prior to 

· submittal of the application and no later than ten days after submittal of the · 

application and must remain posted in a visible condition for a minimum of ·15 days; 

and 

(iv) the two public notices must state the information in the application, the 

procedure for providing public comment to the department on the application, the 

date by which public comments must be submitted to the department, and the 

procedure for requesting a copy of the department's decision. 

ADMINISTRATIVE RULES OF MONTANA 3/31/07 17-403 
17.8.614 ENVIRONMENTAL QUALITY , 

(b) Publication of public notices in a newspaper must: 

(Q be by legal publication, at least once, in a newspaper of general circulation 

in the area affected by the application; · J 

(ii) be published no sooner than ten days prior to submittal of the application 

and no later than ten days after submittal of the application; and 

· (iii) follow a form provided by the department, including a statement that 

public comments may be ~ubmitted to the department concerning the application 

within 20 days after publication of notice or filing of the application, whichever is 

later. A single public notice may be published for multiple applicants. 

(8) When the department approves or denies ~he application for a permit 

under this r!Jie, a person who is jointly or severally adversely affected by the . 

department's decision may request a hearing before the board .. The request for 

hearing must be filed within 15 days after the department renders its decisio.n. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 61 MCA, apply to a hearing 

before the board under this rule. The department's decision on the application is not 

final until 15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effective date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: · 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

. (b) continuation of the permit during the appeal would produce great or· 

irrer:)arable injury to the person requesting the stay. 

(9) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

· incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1994 MAR p. 2528, Eff. 9/9/94; TRANS, from DHES, 1996 

MAR p. 2285; AMD, 1999 MAR p. 1660, Eff. 7/23/99; AMD, 2011 MAR p. 569, Eff. 

4/15/11.) 

17.8.614 COMMERCIAL FILM PRODUCTION OPEN BURNING PERMITS 

(1) The department may issue an air quality commercial film production open 

burning permit for open burning of otherwis.e prohibited material as part of a 

commercial, educational film, or video production for motion pictures or television. 

Use of pyrotechnic special effects materials, including bulk powder compositions and 

devices, smoke powder compositions and devices, matches and fuses, squibs and 

detonators, and fireworks specifically created for use by special effects 

pyrotechnicians for use in motion picture or video productions is not considered 

open burning. 

17-404 6/30/11 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.614 

(2) The department may issue an air quality commercial film production open . 

burning permit under this rule if the depart~ent determines that emissions from opef! 

burning will not endanger public health or welfare or cause or contribute to a 

violation of any Montana or federal ambient air quality standard. 

(3) A permit issued under thi$ rule is valid for a single production. 

(4) Open burning under this rule must conform with BACT. · 

(5) The department may place any reasonable requirements in an air quality 

commercial film production open burning permit issued under this rule that the 

department determines will reduce emissions of air pollutants or minimize the impact 

of emissions, and the recipient of a permit must adhere to those conditions. 

. (6) An application for an air quality commercial film production open.burning 

permit must be made on a form provided by the department. The applicant shall 

provide adequate information to enable the department to determine whether the 

application satisfies the requirements of this rule for a permit. Proof of publication of 

public notice, as required by (7), must be submitted to the department before an 

application will be considered complete. 

(7) An applicant for an air quality commercial film production open burning 

permit shall notify the public of its application by legal publication, at least once, in a 

newspaper of general circulation in the area affected by the application. The notice 

must be published no sooner than ten days prior to submittal of the application. and 

no later than ten days after submittal. of the application. Form of the notice must be 

·provided by the.department and must include a statement that public comments may 

· be submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later. A single public 

notiee may be published for multiple applicants. 

(8) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

department's decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

· the department renders its decision. The contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing· · 

before the board under this rule. The department's decision on the application is not 

final until15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effectiv~ date of the department's decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

(a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

(b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. · 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-405 
17.8.615 ENVIRONMENTAL QUALITY 

(9) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the penn it applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on inju.nctions. (History: 75-2-111; 75-2-203, MCA; IMP, 75-2-203; 

75-2-211, MCA; NEW, 1994 MAR p. 2528, Eff. 9/9/94; TRANS, from DHES, 1996 

MAR p. 2285; AMD, 2002 MAR p. 3586, Eff. 12127/02; AMD, 2011. MAR p. 569, Eff. 

4/15/11.) . 

17.8.615 FIREFIGHTER TRAINING (1) The department may issue an air 

·quality open burning permit for open burning of asphalt shingles, tar paper, or 

insulated wire which is part of a building or standing structure, oil or petroleum 

products, and automobile or aircraft bodies and interiors, for training firefighters, if: 

(a) the fire will be restricted to a building or structure, a permanent training · 

facility, or other appropriate training site, in a site other than a solid waste disposal 

site; 

(b) the material to be burned will not be allowed to smolder after the training 

session has terminated, and no public nuisance will be created; 

(c) all asbestos-containing material has been removed; . 

(d) asphalt shingles, flooring material, siding, and insulation which might 

contain asbestos have been removed, unless samples have been analyzed by a 

certified laboratory and shown to be asbestos-free; 

(e) all prohibited material that can be removed safely and reasonably has 

been removed; 

(f) the open burning accomplishes a legitimate training need; 

(g) clear educatio.nal objectives have been identrr1ed for the training; 

· (h) burning is limited to that necessary to accomplish the educational 

objectives; 

· (i) the training operations and procedures are consistent with nationally 

accepted standards of good practice; and · 

0) emissions from open burning will not endanger public health or welfare or 

cause or contribute to a violatiOn of any Montana or federal ambient air quality 

standard. 

(2) The department may place any reasonable requirements in an air quality 

firefighter training open burning permit that the department determi~s will reduce 

emissions of air pollutants or will minimize the impact of emissions, and the recipient 

of a permit must adhere to those conditions. 

(3) The applicant may be required, prior to each burn, to notify the 

. department of the anticipated· date and location of the proposed training exercise 

and the type and amount of material to be burned. The department may be notified 

by phone, fax, or in writing. · 

(4) An application for an air quality firefighter training open burning permit 

must be made on a form provided by the department. The applicant must provide 

adequate information to enable the department to determine whether the application 

satisfies the requirements of this rule for a permit. 

17-406 6/30/1.1 ADMINISTRATIVE RULES OF MONTANA 
I 

t 

.~ 

l 

I 

l 

AIR QUALITY 17.8.615 

(5) Proof of publication of public notice, consistent with this rule, must be 

submitted to the department before an application will be considered complete. An 

applicant for an air quality firefighter training open burning permit shall notify the 

public of the .application for a permit by legal publication, at least once, in a 

newspaper of general circulation in the area affected by the application. The notice 

must be published no sooner than ten days prior to submittal.of an application and. 

no later than ten days after submittal of an application.. The form of the notice must 

be provided by the department and must include a statement that public comments 

may be submitted to the department concerning the application within 20 days after 

publication of notice or filing of the application, whichever is later .. A single public 

· notice may be published for multiple applicants. 

. (6) When the department approves or denies the application for a permit 

under this rule, a person who is jointly or severally adversely affected by the 

departmenfs decision may request a hearing before the board. The request for 

hearing must be filed within 15 days after the department renders its decision. An 

affidavit setting forth the grounds for the request must be filed within 30 days after 

the department renders its decision. The contested case provisions of the Montana 

. Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply to a hearing 

before the ·board under this rule. The department's decision on the application is not 

final until 15 days have elapsed from the date of the decision. The filing of a request 

for a hearing does not stay the effective date of the departmenfs decision. 

However, the board may order a stay upon receipt of a petition and a finding, after 

notice and opportunity for hearing, that: 

· (a) the person requesting the stay is entitled to the relief demanded in the 

request for a hearing; or 

· (b) continuation of the permit during the appeal would produce great or 

irreparable injury to the person requesting the stay. 

(7) Upon granting a stay, the board may require a written undertaking to be 

given by the party requesting the stay for the payment of costs and damages 

incurred by the permit applicant and its employees if the board determines that the 

permit was properly issued. When requiring an undertaking, the board shall use the 

same procedures and limitations as are provided in 27-19-306(2) through (4), MCA, 

for undertakings on injunctions. (History: 75-2-111 , 75-2-203, MCA; IMP, 75-2-203, 

75-2-211, MCA; NEW, 1982 MAR p. 691, Eff. 4/1/82; AMD, 1994 MAR p. 2528, Eff. 

9/9/94; TRANS, from DHES, 1996 MAR p. 2285; AMD, 2011 MAR p. 569, Eff. 

4/15/11.) 

NEXT PAGE IS 17-421 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-407 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NOTICE FOR PUBLIC HEARING 

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 rules proposed to be submitted are ARM 

17.8.604(1), ARM 17.8.610(2), 17.8.612(10), 17.8.613(8 & 9), 17.8.614(8 & 9), 

17.8.615(6 & 7), concerning open burning and 17.8.763 concerning revocation of 

permits. These changes to open burning and permit revocation rules were 

adopted by the Board of Environmental Review on March 25, 2011. 

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

include these rules 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 concerning the nature of the accommodation. 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 p.m. November 1, 2011. 
Barta, Oline 

From: 

Sent: 

( ro: ~ubject: 

DATE: 

TO: 

FROM: 

RE: 

Cline Barta [obarta@mt.gov] 

Friday, September 30, 2011 11:16 AM 

Barta, Cline 

DEQ Request for Public Comment 

September 30, 2011 

Air Interested Parties 

MT-DEQ, Air Resources Management Bureau (ARMB) 

Request for public comment on State Implementation Plan (SIP) rule submittal 

Two air quality rules have been adopted by Montana's Board of Environmental Review and published by the 

Secretary of State's Office. This is a request for public comment on the submission ofthese rules to US EPA for 

inclusion in the SIP. The rules affect open burning and revocation of air quality permits. 

Interested persons may view the public notice and the affected rules on the Department's website 

at: http://deq.mt.gov/pubcom.mcpx or may call the Department at 406-444-7916 to have copies made available 

for their inspection 

1 
Interested Parties Email- 9/30/11 

'-... Abbie.Krebsbach@mdu.com Krebsbach, Abbie 

aday@trinityconsultants.com Day, Aaron 

afanderson@fs.fed.us Anna Anderson 

ahedges@meic.org Hedges, Anne 

ajayi.christopher@epa.gov Ajayi, Christopher 

alex@womenandenvironment.org Gorman, Alexandra 

alj@gsjw.com Joscelyn, Alan 

allen@allen-associatesmt.com Allen, Don 

answerla@answerla.org answerla 

ashleydmoon@hotmail.com Ashley Moon 

astecpermits@gmail.com Catherine 

aussie_northcott@hotmail.com robert 

azzie_301@hotmail.com k 

bayxie@aol.com eddy 

bbqman1968@yahoo.com 

bdhohn@hohneng.com Hohn, Brian 

bd undas@truecos.com Bob Dundas 

bettylu@blackfoot.net Jim Young 

bhabeck@mt.gov Habeck, Bob 

blaise.leblanc@hotmail.com 

bml@stateside.com Becky Lukaesko 

\...., Bob.Kober@Kniferiver.com Kober, Bob 

brian.zieske@malmstrom.af.mil Zieske, Brian 

brogers@newfield.com Brad Rogers 

BRouse@mt.gov Bonnie Rouse 

bruce.beiswanger@mdu.com Bruce Beiswanger- MDU 

bruce.krepley@naes.com Bruce Krepley 

bschmidt@co.missoula.mt.us Ben Schmidt 

carl@compliancefreaks.com Carl Williams 

cary@mtagc.org Hegreberg, Cary 

cathyl@bkbh.com Laughner, Catherine A. 

cboe@mt.gov Chris Boe 

ccrockett@mt.gov Carol Crockett 

cgernand@mt.gov Candice Gernand 

chalbert@landauinc.com Chip Halbert 

chomer@ mt.gov Homer, Charles 

cindy _buschman@mccormick.com Cindy Buschman 

cindymed@hotmail.com Cindy 

clarks@ycchd.org Snyder, Clark 

coate.carson@epa.gov Carson Coate 

commissioners@co.fergus.mt.us Bailey, Kathie 

coolnickjr@hotmail.com randy Iahey 

\w crice@sinclairoil.com Curtis Rice - Sinclair Oil 

daguirre@mt.gov Dave Aguirre, DEQ-ARMB 

darcy.neigum@mdu.com Neigum, Darcy 
darthur@all-llc.com 

daveduttonfraser@yahoo.com 

david_long@eogresources.com 

dbockelmann@all-llc.com 

dbusby@montanarefining.com 

dclark@petrohunt.com 

dcowan@mt.gov 

debbies_design@yahoo.com 

detroit03mm@ya hoo.com 

dhagey@stimsonlumber.com 

Dhanson@petrohunt.com 

dhrubes@midrivers.com 

dklemp@mt.gov 

dlinkenbach@mt.gov 

Dolan.Kathy@epamail.epa.gov 

donston71@yahoo.com 

dpaulsen@ala-nr.org 

dpowers@summite.com 

dquander@hollandhart.com 

dscharf@barrick.com 

dskibicki@mt.gov 

dsoehren@bresnan.net 

dwalsh@mt.gov 

dwolfe@mt.gov 

ed@mt.net 

elbrunner@gmail.com 

eliabitan@hotmail.com 

ellenp@rfpco.com 

emerchant@mt.gov 

emilieboyles@yahoo.com 

Fgessaman@mt.gov 

floyd.balentine@us.rhodia.com 

gaila_consulting@msn.com 

gamefreak1261@yahoo.com 

garneson@coloradoenergy.com 

gary.forrester@mduresources.com 

gdcriswell@pplweb.com 

geraldschlosser@benefis.org 

Greg.brown@chsinc.com 

Greg.Gannon@Holcim.com 

gregori@mcn.net 

grey _nicolls@hotmail.com 

guy@axmen.com 

hhsgreengroup@gmail.com 

hrobbins@bison-eng.com 

hthigpen@mt.gov 

info@kakuk.com 

Arthur, J. Daniel 

dave 

David Long - EOG Resources 

Bockelinann, David 

Busby, Dexter 

David Clark - Petro Hunt 

Devin Cowan 

Debra Vetter 

Mike 

Hagey, Darl 

Doug Hanson - Petro Hunt 

David Hrubes 

Klemp, David 

Linkenbach, Debbie 

Dolan, Kathy 

Don Bostic 

Paulsen, Dick 

Quander, Don 

Scharf, Darrell 

Skibicki, Debbie 

Doug Soehren 

Walsh, Dan 

Wolfe, Debra J. 

Ed Santos 

Erica Brunner 

eliabitan 

Porter, Ellen 

Merchant, Eric 

emilie boyles 

Gessaman, Frank 

Balentine, Cam 

Abercrombie, Gail 

gamefreak 

Gary Arneson, Hardin Generating Plant 

Forrester, Gary 

Gordon Criswell 

Gerald Schlosser 

Brown, Greg 

Greg Gannon - Holcim, Inc. 

Gregori, Tim 

robert 

guy hanson 

HHS Green Group 

Robbins, Hal 

Helen Thigpen 

· Kakuk, Michael 
Jagadeesan.Sethuraman@whiting.com Sethuraman, Jagadeesan 

Jahughes@mt.gov Hughes, Jim 

'-... jajehn@marathonoil.com John Jehn 

javid@mod2.com Javid Nia 

jcarlson@co.missoula.mt.us Jim Carlson 

jchaffee@bison-eng.com Chaffee, Jeff 

jeff.briggs@ashgrove.com Jeff Briggs 

jeff@ajaxcomputernetworking.com Jeff 

jenomara@mt.gov O'Mara, Jenny 

jerry.dismukes@whiting.com Jerry Dismukes 

jhanson@mt.gov Hanson, Judy 

Jia kun.Zhang@stj ude .org Jiakun Zhang 

jilesejibril@yahoo.com Jilese 

JMBLANCO@MARATHONPETROLEUM.COM Julius Blanco 

jmparker@pplweb.com Parker, Jim 

JOELKelm@msn.com Joel Kelm 

john_mcmichael@xtoenergy.com John McMichael 

Jon.Madison@mdu.com Jon Madison 

jonnysanty@gma il.com Jonny Santy 

jorourke@stoltzelumber.com O'Rourke, Joe 

joseph. w .lierow@exxonmobiLcom Lierow, Joe 

joshua.jua@riverstonehealth.org Joshua 

jrussell@flathead.mt.gov Russell, Joe 

~ jsemerad@nd.gov Jim Semerad- NO Dept. of Health 

Kalle.Kuether@mdu.com Kalle Kuether 

kawilson@mt.gov Wilson, Karen 

kentucky.sago@mdu.com Kentucky Sago- MDU 

kevin@bison-eng.com Mathews, Kevin 

kganesan@mtech.edu Ganesan, Dr. Kumar 

kirsty _gilmour@hotma il.com Kirsty Gilmour 

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

lana.hedlund@malmstrom.af.mil Hedlund, Lana 

larry@montanasulphur.com Zink, Larry 

levans3@mt.gov Evans, Lacey- DEO/ARMB 

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

lisasandoval@contres.com Lisa 

LLoken@wpcnd.com Lance Loken - WPC, Inc. 

lmoore@mt.gov Moore, Louise 

lonnie.fallin@jacobs.com Lonnie Fallin 

lpeterson@mt.gov Peterson, Lisa 

lstuder@SM-Energy.com Luke Studer - SM Energy 

luigi_heydt@eogresources.com Luigi Heydt - EOG Resources 

macka_maka@hotmail.com robert 

mark.lin@gmail.com Mark 

~ mark@mt.net Peterson, Mark 

mbaker30@bresnan.net Baker, Mark 

mbrandl@montanaresources.com Brandl, Mary 
MHillman@trinityconsultants.com 

m hoffman@ jeffco.mt.gov 

mike_oconnor@xtoenergy.com 

M itcheii.Leu@plu mcreek.com 

mpa@montanapetroleum.org 

mraile@montana refining.com 

m reynolds@co.lewis-clark.mt.us 

mscottsiearraclub@gmail.com 

mtcoal@aol.com 

mtstory@fs.fed.us 

nancy_grosulak@xtoenergy.com 

nmarxer@smurfit.com 

oba rta @mt.gov 

omar_232@cOde.net 

Pat.kimmet@chsinc.com 

patels3@hotmail.com 

pauldsherrpc@ya hoo.com 

pkukay@hotmail.com 

randall.j.richert@conocophillips.com 

rebecca@bison-eng.com 

reed.j.marton@conocophillips.com 

rgilson@H2Eincorporated.com 

Rick.walsh@northwestern.com 

roark@imt.net 

ron.j.kuhler@exxonmobil.com 

ropper@mt.gov 

rsouthwick@gnplp.com 

russ.bos@riverstonehealth.org 

russb@ycchd.org 

sandicl@mtaflcio.org 

schristensen@greateryellowstone.org 

scott.wallace@dvn.com 

sfairchild@mt.gov 

sjohnson@co.cascade.mt.us 

skmorr@msn.com 

smagie@wayzpartners.com 

snowakowski@mt.gov 

srimsn@gmail.com 

srubino@sc.rr .com 

Stacy.Aguirre@WBIP .COM 

stellaholt@live.com 

stevew@bkbh.com 

swalsh@montanaresources.com 

tdzomba@fs.fed.us 

thart@coloradoenergy.com 

thehigmister@hotmail.com 

tlivers@mt.gov 

Melissa Hillman 

Michael G. Hoffman II 

Mike O'Connor 

Leu, Mitchell 

Galt, Dave 

Mike Raile 

Reynolds, Melanie 

Mike Scott- Siearra Club 

Mockler, Jim 

Story, Mark 

Nancy Grosulak 

Marxer, Neal 

Barta, Oline 

Smith 

Kimmet, Pat 

pate I 

Paul 

Paul Kukay - Genesis Troy 

Richert, Randall 

Rebecca 

Reed Marton 

Robert Gilson 

Walsh, Rick 

Carol Lee-Roark 

Kuhler, Ron 

Opper, Richard 

Southwick, Rich 

Russ Boschee 

Boschee, Russ 

Sandy 

Scott Christensen - GYC 

Scott Wallace 

Fairchild, Sue 

Sandy Johnson-repository 

Morrison, Ken 

Scott Magie 

Sonja Nowakowski 

srimsn 

srubino 

Aguirre, Stacy 

Stella Holt 

Wade, Steve 

Walsh, Steve 

Dzomba, Thomas 

Terry Hart 

Livers, Tom 
tpanchyshyn@graymont-ut.com 

trick@exchangemonitor.com 

videtich.callie@epa.gov 

viwalsh@mt.gov 

vpatton@environmentaldefense.org 

was@gsjw.com 

wlneumiller@pplweb.com 

woodwardjj@cdm.com 

WWMercer@hollandhart.com 

yoonyoung.choi@mcdean.com 

Panchyshyn, Tony C. 

Randy Trick 

Videtich, Callie 

Walsh, Vickie 

Patton, Vickie 

Shanahan, Ward 

Neumiller, Bill 

Jesse Woodward 

Bill Mercer- Holland and Hart 

Yoonyoung Choi 
Members: 

Bud Clinch 

Carol Kenney 

Cathy Atkins 

~:liff Runningelk 

Don Potts 

Don Powers 

Erik Suffridge 

John Sesso 

Lori Bocchino 

Mike Ellitt 

Mike Philbin 

Mikel Siemens 

R. Daniel 

Rick Larson 

Rick Stefanic 

Stephen T. Smith 

Tadd Berger 

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 

lbocch@wyo.gov 

plessie.ellitt@usmc.mil 

Mike_;Philbin@blm.gov 

mikel@rlkhydro.com 

rdaniel@rc. mt.gov 

ricklarson@bsb. mt.gov 

rick.stefanic@bia.gov 

stephentsmith@earthlink. net 

tad d. berger@erm.com 

Tim.Roark@gallatin.mt.gov 

william.rogers@deq.idaho.gov 

2 
STEPHEN BLANKENSHIP FORD · DALE COCKRELL BARBDOWSKI 

CHRISTENSEN MOORE COCKRELL REG MANAGER QWEST EH & S 925 L ST STE 390 POBOX7370 1855 S FLATIRON COURT 

CRAMENTO CA 95814 KALISPELL MT 59904-0370 BOULDER CO 80301 

JAMES FLANSBURG ALAN FRONBERG PEGGY FRUIT 

HAYS LODGE POLE SCHOOLS GLACIER ENGINEERING PC. TOWN OF BROADUS 

BOX110 124 1ST AVES STE 17 POBOX659 

HAYS MT 59527 GREAT FALLS MT 59401 BROADUS MT 59317 

JOHN GERHART LYNN HILL TAMMY JOHNSON 

MSE-HKMINC ENVIRONOMICS INC POBOX 283 POBOX7010 POBOX1026 BELT MT 59412 SHERIDAN WY 82801 WHITEHALL MT 59759 

DICK JUNTUNEN BOB KELLY JERRY DKNUTSON 

RESOURa MGMT ASSOCIATES INTERTEC WEST TECH SUPPLY & SERVICES 

259 MCCLELLAN CREEK RD 619 S W HIGGINS STE S POBOX80711 

CLANCY MT 59634 MISSOULA MT 59803 BIWNGS MT 59108 

MICHAEL J LUOANO JOHN MCKENNA WALTER L MCNUTT 

FARM HARVESTING OF EUREKA ETS INTERNATIONAL AG EQUIPMENT SALES 

POBOX 1050 1401 MUNIOPAL RD NW 110 12TH AVE SW 

EUREKA MT 59917 ROANOKE VA 24012-1309 SIDNEY MT 59270 

\-. 

JIM RAMAKER FRED STEELE LILA TAYLOR CSKT TRIBAL HEALTH POBOX 760 BOX880 HC42BOX595 

CHOTEAU MT 59422 ST IGNATIUS MT 59865 BUSBY MT 59016 

NEIL TURNBULL GERALD WAGNER 

BLACKFEET TRIBAL POBOX404 POBOX2029 BROCKTON MT 59213 BROWNING MT 59417 
lV!OllUllli:l .LJC}JWUllt:Ill Ul J::.UVHUlllllCHUU \,llUUH.)' \.Ul.J\,l)- r UUH\.. \,.,UllllllCll~ .£ ii;;llUU;) 

~t.gov. DEPARTMENT OF ENVIRONMENTAL QUALITY 

~ » Public Comment Periods 

Public Comment Periods 

By Subject or Program: 

Ill Air Qualitv Permits 

Ill Draft TMDL Reports 

II Major Facility Siting CMFS) 

1D Water Quality Discharge Permits 

IJ Nutrient Management Plans 

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

Download Acrobat Reader to view the odf documents. 

Site/Subject 

ARMB Ryl~ SIP Public 

Notice 

Aff~cted Ryles in 

Subchapter 6 

ARM 17.8.763 

Lower Y~llowstQne River 

Nutrient Criteria Model 

Montana's Water Qualit~ 

A~se~sm~nt M~thQg 

Sediment Assessment 

Method 

Metal~ As~e~sment Method 

Nutrient Assessment 

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

Comment 

Period Ends 

November 1, 

2011 

November .30, 

2011 

October 7, 

2011 

Document 

Location 

Montana 

Department of 

Environmental 

Quality 

1520 E. 6th Avenue 

P.O. Box 200901 

Helena, MT 59620 

Montana 

Department of 

Environmental 

Quality 

1520 E. 6th Avenue 

P.O. Box 200901 

Helena, MT 59620 

Montana 

Department of 

Environmental 

Quali~ 

1520 . 6th Avenue 

P.O. Box 200901 

Helena, MT 59620 

Send Comments To 

Comments can be sent to: 

Cline Barta 

MT-DEQ/ARMB 

PO Box 200901 

Helena, MT 59620-0901 

Phone: (406) 444-0524 

Electronically: 

http:l£comm~nt.s;;waic.mt.govL 

by clicking on the link· 

associated with the 

Yellowstone River Nutrient 

Model 

or 

Mail to: Montana Department 

of Environmental Quality, PPA, 

1520 East 6th Ave., Helena, 

MT 59620 

Electronically: 

http:LlcQmment.Qligis;;.mt.gQvL 

by clicking on the link 

associated with the 

methodology that you wish to 

comment on 

or 

rage 1 oi j 

9/30/2011 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NOTICE FOR PUBLIC HEARING 

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 rules proposed to be submitted are ARM 

17.8.604(1), ARM 17.8.610(2), 17.8.612(10), 17.8.613(8 & 9), 17.8.614(8 & 9), 

17.8.615(6 & 7), concerning open burning and 17.8.763 concerning revocation of 

permits. These changes to open burning and permit revocation rules were 

adopted by the Board of Environmental Review on March 25, 2011. 

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

include these rules 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 rules on the Department's website at: 

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

have copies 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 concerning the nature of the accommodation. 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.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. November 1, 2011. 
NO PUBLIC COMMENTS WERE RECEIVED FROM THE SIP NOTICE FOR 

THE CHANGES IN THE OPEN BURNING RULES. 

Oline Barta Date 
STATE OF MONTANA 

RECORD OF ADOPTION 

ARM: 

17.8.763 

Pertaining to the revocation of air quality permits. 

Date of Final Adoption by the Board of Environmental Review: 

March 25,2011 
RULE REQUEST FORM 

r~ Requested: High (High, Low, Medium) Priority Assigned: __ 

ledia Type: Air Quality (e.g. Air Quality, Water Quality) 

arget Adoption Date: Jan/Feb/Mar 2011 

'escription: Amend permit rules to provide a means for the Department to initiate an action to revoke a Montana 

.ir Quality Permit and propose amendments to be consistent with hearing requirements in HB 700 (Legislation 

liminating automatic stay). 

ustification: a. Rules must be consistent with legislation on the same subject. 

b. The current rules do not provide a clear procedural mechanism to revoke a ·permit. 

ftC A Cite: Title 75. Chapter 2 -Air Quality ARM Cite: ARM 17 .8. 763 

nitiated By: BER (BER, Department, Petro Board) 

~ule Writer(s): Debra Wolfe 

livision/Bureau/Program: ARMB 

:>~Unit Number: 514741· 

~P oval Group(s): BER 

Hearing Required9 

Is this the initial rulemaking implementing a new statute or an amendment to an existing statute? Yes 

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

If so, what session? 2003 What bill? HB 700 

(Legislative bill sponsor: John Bruegemann) 

Alternatives: None 

Explanation for denial (or modifications): __ . _ 

DEQ Management ~PP 

Updated 9/1412010 

Date:.--'-{O~{..;,;:Il=.5+-/.;,...I(J...;.._ ______ _ 

Date: __ / 1_/_1 +-•~-.:.';_'tl_. ------
RECORD OF ADOPTION 

Regulatory Actions 

TABLE OF CONTENTS 

(1) BER agenda granting rulemaking authority. 

(2) MAR notice for proposed rulemaking. 

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

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

(5) MAR notice as posted on the state electronic access system. 

(6) Department testimony. 

(7) Department HB 311 and 521 analysis. 

(8) Written public testimony. 

(9) Hearings officer report & transcript. 

(1 0) BER agenda from rule adoption meeting. 

(11) Transcript from BER rule adoption meeting. 

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

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

(14) Published rule 

(15) SIP Public Notice statement 

. (16) Notice to Interested Parties & APCAC including address list. 

( 17) Notice as published on DEQ website 

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

//-/-// 

Prepared by: Date: 
M'ontana 

Board of Environmental Review 

P. 0. Box 200901 • Helena, MT S9620-0901 • (406) 444-2S44 • Website: www.deq.state.1Ut.us 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, DECEMBER 3, 20IO 

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. Persons with disabilities, 

who need an accommodation in order to participate in this meeting, should contact the Board Secretary at ( 406) 444-6701. 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

I. October 8, 20IO, teleconference Board meeting. 

B. SET 20I1 MEETING SCHEDULE 

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 I2, 20IO, 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 September 13, 2010, a prehearing conference was held in which the parties 

asked for change in the hearing date to October 2I, 20IO. Ms. Orr granted this request. 

On September 30,2010, the Board received a DEQ Proposed Prehearing Order. Ms. Orr 

issued an Order Vacating Hearing Date on October 19, 20IO, setting a teleconference for 

December I8, 20IO. 

c. In the matter of violations of the Clean Air Act of Montana by Todd Michael 

Mihalko, Jefferson County, Montana, BER 2010-10 AQ. Hearing Examiner Katherine 

Orr issued a First Prehearing Order on July 20, 20IO. The Board received an Agreed 

Proposed Prehearing Schedule from the Department on August 2, 20 I 0, and on August 

6, 20IO, Ms. Orr issued a First Scheduling Order. A hearing is set for December 20, 

20IO. On November 19,2010, the department informed the Board that an Administrative 

Order on Consent has been signed and that the penalty has been paid. The Board is 

currently waiting for a stipulation to dismiss the case. 

d. 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. The Department filed a third Request for Extension on October 1, 20 I 0, 

and Ms. Orr issued a Third Order Granting Extension on October 25,2010. 

Page I of 4 
e. 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 

September 24, 2010, the parties filed an Agreed Proposed Prehearing Schedule. On 

October 25, 2010, Ms. Orr issued a Scheduling Order setting a hearing for March 8, 2011. 

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. 

f. 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. The Department filed a 

Proposed Schedule on July 29, 2010, and Ms. Orr issued the First Scheduling Order on 

August 5, 20 I 0. A hearing is set for February 28, 2011. 

g. 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. The Board received a Request for Second Extension of Time to 

Respond to First Prehearing Order on September 21, 2010, and on September 22, a 

Second Order Granting Extension of Time was issued by the hearing examiner giving the 

parties through November 22,2010, to reach a settlement or file a proposed schedule. 

III. ACTION ITEMS 

A. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department requests that the Board concur in its request to initiate rulemaking to: 

1. Amend ARM 17.8.604 to require Department approval before moving and burning wood and 

wood byproducts and clarify compliance with BACT when contemplating and conducting 

open burning; amend ARM 17.8.610(2), 17.8.612(10), 17.8.613(8), 17.8.614(8), and 

17.8.615(6) to be consistent with the direction of the legislature regarding the process for 

appealing air quality permits pursuant to 75-2-211, MCA. 

2. Amend ARM 17.8.763 to set forth a method of alternative service in the event an owner or 

operator cannot be found for regular mail delivery when notifying an owner or operator of a 

source regulated under Title 17, Chapter 8, Subchapter 7 regarding the Department's intent to 

revoke a permit. 

3. Amend ARM 17.30.201, water discharge permit fee schedule and ARM 17.30.1341 to add a 

general permit category for pesticides. The proposed amendments are intended to correct 

some clerical errors, provide some clarification, expand some definitions, and add a new nonstormwater general permit fee category (pesticides). 

4. Amend ARM 17.30.617 to designate the mainstem Gallatin River from the Yellowstone 

National Park boundary to the confluence of Spanish Creek as an Outstanding Resource 

Water (ORW) and to amend ARM 17.30.638 to add a new subsection clarifying that 

discharges to ground water with a direct hydrologic connection to an OR W are within the 

statutory mandate prohibiting any permanent change in the water quality of an ORW 

resulting from point source discharges. The Department will request that the Board issue a 

notice of supplemental rulemaking to extend the comment period. 

B. NEW CONTESTED CASE APPEALS 

1. 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. The Board received the appeal on September 23,2010. Interim Hearings 

BERAgenda Page 2 of4 December 3, 2010 
Examiner, Ms. Orr, issued a First Prehearing Order on October 25, 2010, and she issued an 

Order Granting Extension on November 18, 2010. The Board may appoint a permanent 

hearings examiner or decide to hear the matter. 

2. 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. The Board received the appeal on October 7, 2010. The Interim 

Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 2010. The 

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

3. 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 certifi~te of compliance, 

BER 2010-16 MFS. The Board received the appeal on October 7, 2010. The Interim 

Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 2010. The 

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

4. 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. The Board received the appeal and request for 

hearing on October 7, 2010. Interim Hearings Examiner, Ms. Orr, issued a First prehearing 

Order on October 25,2010. The Board may appoint a permanent hearings examiner or decide 

to hear the matter. 

5. 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 

Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. The Board received the appeal and request for hearing on November 3, 2010. 

The Interim Hearings Examiner, Ms. Orr, issued a First Prehearing Order on November 18, 

2010. 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 Montana Underground Storage Tank Act by Hi-Noon 

Petroleum, Inc., at Noon 456, Missoula County, Montana, BER 2010-11 UST. The 

parties filed a joint Stipulation to Dismiss on October 20, 2010. An order to dismiss the case 

will be presented for signature. 

2. In the matter of the request for hearing by the City of Great Falls regarding the DEQ's 

notice of final decision for MPDES Permit No. MT0021920, BER 2009-21 WQ. On 

October 13,2010, the parties filed a joint Stipulation and Request for Dismissal. An Order of 

Dismissal will be presented for signature. 

3. In the matter of violations of the Clean Air Act of Montana by Sheep Mountain 

Properties, LLC, Jefferson County, BER 2009-11 AQ. Hearing Examiner Katherine Orr 

issued a Second Scheduling Order on May 25, 2010. A hearing is set for October 19, 2010. 

On July 8, 2010, the Department filed a Request to Consolidate this case with the case, In the 

Matter of Violations ofthe Clean Air Act of Montana by Todd Michael Milhalko, Jefferson 

County, Montana, BER 2010-10 AQ. On August 20, 2010, the Board received the 

Department's Motion for Summary Judgment with Supporting Brief, and on August 23, 2010, 

the Department filed a Motion to Substitute Affidavits. On September 16, 2010, the Board 

received the Department's Reply in Support of Motion for Summary Judgment. On November 

19, 2010, the Board received a Stipulation to Dismiss with an attached Administrative Order 

on Consent. An order to dismiss the case will be presented for signature by the Chair. 

BERAgenda Page 3 of4 December 3, 2010 
4. In the matter of violations of the Metal Mine Reclamation Act by Saturday Sunday, 

LLC. Deer Lodge County, BER 2009-02 MM. Hearing Examiner Katherine Orr issued an 

Order Setting Telephonic Status Conference. On May 27, 2010, Ms. Orr issued an Order 

Setting Hearing and on July 21,2010, Ms. Orr issued an Order on Default. On November 19, 

2010, Ms. Orr issued an Oder Clarifying Order on Default, in which it is stated the Board 

must review and approve the Order on Default. An Order of the Board Imposing Penalties is 

provided for the Chairman's signature. 

D. OTHER ACTION 

1. The Gallatin Local Water Quality District (GL WQD) was created by the Gallatin County 

Commission with passage of County Resolution 1995-55, under the authority of Montana Code 

Annotated (MCA) 7-13-Part 45 and approved by the Montana Board of Environmental Review 

on June 20, 1997. The district boundaries have recently been expanded and the district has 

amended their program plan to include the new area. As required by MCA 7-5-311(7), the 

GL WQD Board will submit a program amendment to the Board of Environmental Review 

(provided for in 2-15-3502 MCA) at the December 3, 2010, meeting for their approval before 

implementing the local water quality program in areas that have been added to the District. 

2. CONSIDERATION OF AND ACTION ON PUBLIC COMMENT REGARDING ADOPTION 

OF COPPER BIOTIC LIGAND MODEL, MODIFICATION OF EXISTING PESTICIDE 

STANDARDS, AND MODIFICATION OF CATEGORY CLASSIFICATION (CARCINOGEN 

DELISTING) FOR CERTAIN POLLUTANTS. The Department will summarize public 

comments, received during the triennial review of Montana water quality standards, 

recommending adoption of the copper biotic ligand model, modification to existing pesticide 

standards and modification of category classification for certain pollutants. The Department 

will recommend that the Board not propose rule amendments in response to these comments. 

3. 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. Hearing Examiner Katherine Orr issued an Order Granting Motion for Summary Judgment 

on Liability on May 27, 2010. A contested case hearing on the issue of the proper assessment of a 

penalty was held on June 4, 2010. On September 21, 2010, a Proposed Order on Penalty was 

issued by Ms. Orr in which the Petitioner was given until October 15, 2010, to file exceptions. On 

September 23,2010, the Board received The Department's Notice of Clerical E"ors in Proposed 

Order on Penalties, in which the department requested some corrections in the final judgment. On 

October 14, 2010, the Board received Petitioner's Exceptions to Proposed Order on Penalties 

and Request and Review at the December 3, Environmental Quality Council Meeting. The DEQ 

filed The Department's Response to Petitioner's Exceptions to Proposed Order on Penalties with 

Supporting Brief on October 27, 2010. On November 12, 2010, the Board received the 

Petitioner's Supplemental Response Request for Board's Complete Review of Entire Record and 

Objections to Department's Responses. The Board will review the exceptions, response to 

exceptions, and supplemental response to exceptions, and determine whether the Proposed Order 

on Penalty should be approved or modified, or whether the Board desires to hold a hearing on the 

factual basis for the penalties and make its own determination about the correct amount of 

penalties, if any, to be assessed. 

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 4 of4 December 3, 2010 
-1-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.763 pertaining to revocation of ) 

permit ) 

) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On , 2011, 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., , 2011, 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: 

17.8.763 REVOCATION OF PERMIT (1) and (2) remain the same. 

(3) When the department has attempted unsuccessfully by certified mail. 

return receipt requested. to deliver a notice of intent to revoke a permit to a 

permittee at the last address provided by the permittee to the department. the 

permittee is deemed to have received the notice on the date that the department 

publishes the last of three notices of revocation. once each week for three 

consecutive weeks. in a newspaper published in the county in which the permitted 

facilitv was located. if a newspaper is pubnshed in the county or if no newspaper is 

published in the county in a newspaper having a general circulation in the county. 

(3) and (4) remain the same, but are renumbered (4) and (5). 

AUTH: 75-2-111, 75-2-204, MCA 

IMP: 75-2-211, MCA 

REASON: The proposed revision to ARM 17.8.763 would provide a process 

for notice by publication of the department's intent to revoke a Montana Air Quality 

Permit issued under Title 17, chapter 8, subchapter 7 when an owner or operator 

cannot be found for service by certified mail. One of the common reasons for 

revocation is failure to pay annual operating fees, and there have been instances 

when the department has not been able to revoke a permit for failure to pay fees 

because the emission source was no longer operating and the owner or operator no 

longer was at the site and could not be found for mail delivery. Revoking the permit 

MAR Notice No. 17-_ 
-2-

benefits the owner or operator because annual operating fees do not then continue 

to accrue. The propos~d amendment also is necessary to allow the department to 

avoid expending resources preparing and mailing annual operating fee notices for 

the emission source. Notice by publication is acceptable in other contexts such as 

the Montana Rules of Civil Procedure. 

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., , 

2011. 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; 

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: 

DAVID RUSOFF 

Rule Reviewer 

BY: 

BOARD OF ENVIRONMENTAL REVIEW 

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

Chairman 

Certified to the Secretary of State, _____________ , 2010. 

MAR Notice No. 17-_ 
Le.gal Unit Contacts 

DEQ Staff Directorv 

Montana Code Annotated 

1'1T Administrative Rules (Title 17) 

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Home » D"JreCI:or's Office » Legal Unit » Notices With HeMing 

Administrative Rules of Montana 

Notices of Proposed Rulemaking 

·with Hearing 

10:00 a.m. Room 122, Last Notice of Public H~ring on 

February Chance Gulch 5:00p.m. Pr~d Amendment, Ado~tion, 2, 2011 Building, 1100 Fe.bruary an Repeal (Petroleum Tan 

North Last 10, 2011 Release Comoensatton Beardchance Gulch, Procedural and Suru:tanttve rules 

Helena, Montana R~ard1n;g Petroleum Tg:nli< R~lease 

Comggnsatlon- MAR NQt1ce ~o. 17-

313) 

10:00 a.m. Room 35, 5:00p.m. Notice of Public Hearing on 

January Metcalf Buildin~, January PropOsed Amendment and Adoption 

12, 2011 152.0 East Sixt 20, 2011 (Under~ound Storage TanksAvenue, Helena, Aoolica 1htv. Comoltance 

r<1ontana InsDectlons Petro eum JST 

~stems, Fe~hedult[ermit Issuance, a Anti-Sir;! n 

Regrrements- MAR N:ot1ce No. 17-

314 

-- ----

2:00p.m. Room 1l1c 5:00p.m. Notice of Public Heart~ on 

January Metcalf Butldin~, January Proposed AmendmentAir Quality - 13, 2.011 1520 East Sixt 20, 2011 Ope) Burmng - MAR Notice No. 17-

(or upon Avenue, Helena, 311 

conclusion Montana 

of public 

hearing for 

MAR Notice 

No. 17-

310) 

1:30 p.m. Room 111c 5:00 p.ni Notice of Public Hearin~ on 

January Metcalf Bu1ldin~, January Proposed AmendmentAir Quality - 13, 2.011 1520 East Sixt 20, 2011 Revocation of Permit - MAR Not1ce 

Avenue, Helena, No. 17-310) 

Montana 
DATE: 

TO: 

FROM: 

Re: 

Montana Department of 

ENviRONMENTAL ALITY 

P.O. Box 200901 Helena, MT 59620-0901 

December 21, 2010 

Air Interested Parties 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

Public Hearings 

Brian Schweitzer, Governor 

(406) 444-2544 www.deq.mt.gov 

On January 13, 2011, 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 amendment of ARM 

17.8.763 pertaining to revocation of permit. 

The Board is considering providing a process for notice by publication of the department's intent to 

revoke a Montana Air Quality Permit issued under Title 17, chapter 8, subchapter 7 when an owner or 

operator cannot be found for service by certified mail. 

On January 13, 2011, at 2:00p.m., or upon the conclusion of the public hearing for MAR Notice No. 17-

310, 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 ARM 17.8.604, 17.8.610, 

17.8.612, 17.8.613,17.8.614, and 17.8.615 pertaining to open burning. 

The Board is considering the circumstances under which moving wood waste from the location where it 

was generated may be disposed of by open burning. The Board is also proposing to make open burning 

permits consistent with 75-2-211, MCA which eliminates an automatic stay of the department's decision 

to issue a permit upon a permit appeal. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
EmaiiAddr_ Expire Date FuiiName_ lslistAdm_ List_ MaiiForma· MemberiD. MemberType_ 

'-.,.. 2horses@nemontel.ne Debbie Ma F deq_air _qL M 345916 normal 

5friendlyfish@bresnanJack & Parr F deq_air_qL M 392059 normal 

Abbie.Krebsbach@md1Abbie Kreb F deq_air_qL M 457465 normal 

aclark27@bloomberg.JAaron Clarl F deq_air _qL M 462464 normal 

aday@trinityconsultanAaron Day F deq_air_qL M 166771 normal 

afanderson@fs.fed.us Anna Ande F deq_air_qL M 533438 normal 

ahedges@meic.org Anne Hedg F deq_air _qL M 343751 normal 

alexanderrr@cdm.corr Bob Alexan F deq_air _qL M 389128 normal 

allen@allen-associates Don Allen F deq_air_qL M 343770 normal 

andrea.perez@hexion. Andrea F deq_air _qL M 356888 normal 

apack@all4inc.com Amy Pack F deq_air_qL M 528908 normal 

astecpermits@gma il.c1 Catherine F deq_air_qL M 559210 normal 

aussie_northcott@hot robert F deq_air_qL M 341541 normal 

azzie_301@hotmail.co k F deq_air_qL M 170082 normal 

bdhohn@hohneng.cor Brian Hohn F deq_air_qL M 164275 normal 

bdundas@truecos.con Bob Dunda F deq_air_qL M 343771 normal 

beamman6056@msn.• Anderson F deq_air_qL M 362413 normal 

benjamin.recker@tetr; Ben Recker F deq_air_qL M 567878 normal 

berrysoup@yahoo.con bonita F deq_air_qL M 300382 normal 

beth_dickerson@fws.~ beth dicker F deq_air_qL M 569936 normal 

bettylu@blackfoot.net Jim Young F deq_air_qL M 534552 normal 

\...., bhabeck@mt.gov Bob Habecl F deq_air_qL M 296818 normal 

bholland@crowleylaw B. Holland F deq_air_qL M 373411 normal 

bjohnson@summite.cc Bruce John F deq_air_qL M 373406 normal 

blakecrk@gmail.com Krista Evan F deq_air_qL M 455876 normal 

bml@stateside.com Becky Luka F deq_air_qL M 164160 normal 

bmontgomery@montc Bob Montg F deq_air_qL M 373396 normal 

bob.vantuyl@ashgrovE Bob Vantu\ F deq_air_qL M 545783 normal 

boschleicher@mt.gov Bob Schleic F deq_air _qL M 374291 normal 

bovard.tiberi@gmail.c• Bovard Tib• F deq_air_ql M 362498 normal 

bret@bison-eng.com BretGallo F deq_air_qL M 444440 normal 

brian.mchugh@tetratE Brian McHt F deq_air_qL M 373393 normal 

brian.zieske@malmstr· Brian Ziesk· F deq_air _ql M 163703 normal 

brianna@clarkfork.org Brianna Ra1 F deq_air_qL M 545455 normal 

brogers@newfield.con Brad Roger F deq_air_qL M 417114 normal 

Bruce.Krepley@naes.c Bruce Krep F deq_air _qL M 463754 normal 

bsoamj@3rivers.net Mary Jane F deq_air_qL M 343950 normal 

BSquires@nicnd.com Bruce Squh F deq_air_qL M 288747 normal 

Bstevenson@rosipowE Bruce Stev• F deq_air _qL M 374079 normal 

bsublasky@emsl.com ben F deq_air_qL M 368278 normal 

bullorj@bp.com Robin Bulle F deq_air_qL M 373400 normal 

burns.betsy@epa.gov Betsy Burn: F deq_air_qL M 343933 normal 

~ bvaughn@montana.co Barbara Va F deq_air_qL M 345932 normal 

c2nites2000@yahoo.c• Kermit Sno F deq_air_qL M 377280 normal 

calvin.e.kidney@wells1 Calvin Kidn F deq_air_qL M 373397 normal 

carl@compliancefreak Carl Williar F deq_air_qL M 491009 normal 
carlsonj@ho.missoula. Jim Carlson F 

cartoonsmart@mac.cc Buddy Rog• F 

cash 1230@esapha seo John Meye F 

cathyl@bkbh.com Cathy Laug F 

cboe@mt.gov Chris Boe F 

cbreitling@encoreacq. Chris Breitl F 

cefa rms@tetonwirele! Chad Dohn F 

cfla nders@nobleenerg catherine F F 

chenine.wozniak@ch2 Chenine W F 

cheryllynned@marath· Cheryl-lym F 

chomer@mt.gov Charles Ho1 T 

chuck.buus@riotinto.c Charles D. IF 

chuck@netentrust.con chuck F 

chuckp@cskt.org Chuck Page F 

cindy _buschman@mcc Cindy Buscl F 

cindymed@hotma il.co Cindy F 

claseur@plainsjustice.l Carrie La St F 

cmhd@midrivers.com Mike Rinalc F 

cmrcd@midrivers.com Monty l. Sc F 

coate.carson@epa.go" Carson Coa F 

colburnm@ho.missoul Mamie Coli F 

coolnickjr@hotmail.co randy lahe~ F 

coupscounter@yahoo. David saylc F 

cpowell@buysandasso Chad Powe F 

cranecreations1@yahcJulia Crane F 

crose@3rivers.net · Corrine Ro! F 

crwindmueller@wtrco C. Ray Win• F 

dan.corti@mso.umt.ec Dan Corti F 

darrell.soyars@avistac Darrell Soy F 

daveduttonfraser@yal dave F 

david_long@eogresou David long F 

dblank@ncpa.org Danielle Bli F 

dbusby@montanarefir Dexter Bus F 

debbies_design@yaho Debra Vett F 

dhart@cleanair.com Dean Hart F 

dhrubes@midrivers.co David Hrub F 

diannalin@msn.com Dianna Lint F 

djncjn@interbel.com F 

djohnsonhorne@barrit Deborah Jo F 

dlambrecht@jbrenv.cc David Laml F 

dlorenzen@pioneer-te Diane Lore1 F 

dmunson@mt.gov Darren Mu F 

dmyran@montana-wc Darrel Myr F 

do.lan.kathy@epa.gov F 

donald.may@tetratecl Don May F 

dpaulsen@ala-nr.org Dick Paulse F 

dpavuk@crowleylaw.c D. Pavuk F 

deq_air _qL M 

deq_air _qL M 

deq_air_qL M 

deq_air _qL M 

deq_air_qL M 

deq_air _qL M 

deq_air _qL M 

deq_air_qL M 

deq_air_qL M 

deq_air _qL M 

deq_air _qL M 

deq_air_qL M 

deq_air _qL M 

deq_air _qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air _qL M 

deq_air..,.qL M 

deq_air_qL M 

deq_air _qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

deq_air_qL M 

321822 normal 

174513 normal 

339077 normal 

343772 normal 

461258 normal 

403494 normal 

499385 normal 

561310 normal 

389102 normal 

534570 normal 

505493 normal 

166937 normal . 

463260 normal 

502665 normal 

398499 normal 

343755 normal 

397819 normal 

345930 normal 

461291 normal 

556794 normal 

343740 normal 

349802 normal 

502217 normal 

2798~5 normal 

568260 normal 

361198 normal 

308562 normal 

345914 normal 

558615 normal 

361183 normal 

335621 normal 

360170 normal 

343773 normal 

507796 normal 

572860 normal 

241654 normal 

364119 normal 

569139 held 

377035 normal 

504846 normal 

560930 normal 

461794 normal 

369508 normal 

436863 normal 

373392 normal 

363495 normal 

373414 normal 
dpowers@summite.co Dan Power F deq_air_qt M 163937 normal 

\...., dquander@hollandhar Don Quand F deq_air _qt M 163823 normal 

drusoff@mt.gov Dave Ruso1 F deq_air_qt M 499322 normal 

dshonerd@multistate. David Shon F deq_air_qt M 373394 normal 

dsimonson@mt.gov Dave SimosF deq_air_qt M 296807 normal 

dsimpson@montana-v Dave Simp! F deq_air _qt M 163924 normal 

dsorensen@bozeman. Dewey Son F deq_air_qt M 388798 normal 

dugiejm@hotmail.com Jeff F deq_air_qt M 407150 normal 

dujohnson@mt.gov Dusti F deq_air_qt M 505273 normal 

dwalsh@mt.gov Dan Walsh F deq_air_qt M 296804 normal 

dwatson@rosebudcou Daniel D. Y. F deq_air _ qt M 463323 normal 

dwolfe@mt.gov Deb Wolfe T deq_air_qt M 361050 normal 

ed@mt.net Ed Santos F deq_air_qt M 345931 normal 

eerp@mt.gov Elton Erp F deq_air_qt M 296812 held 

eisele.adam@epa.gov Adam Eisel F deq_air_qt M 374001 normal 

elbrunner@gmail.com Erica Brunr F deq_air_qt M 378228 normal 

emcrae@fageninc.corr Edward Me F deq_air_qt M 569120 normal 

emerchant@mt.gov Eric Merch; T deq_air_qt M 505496 normal 

emilieboyles@yahoo.c emilie boy I F deq_air_qt M 354639 normal 

esa @platts.com Esa F deq_air_qt M 407723 normal 

fcrowley@doneylaw.c• Frank Crov. F deq_air_qt M 343775 normal 

fotto@ups.com Friedheim 1 F deq_air_qt M 502610 normal 

~ frank@shumaker.psen frank F deq_air_qt M 277672 normal 

gabe.johnson@riotint( Gabe Johm F deq_air_qt M 570976 normal 

gaila_consulting@msn Gail Abercr F deq_air_qt M 282029 normal 

gcm@sierraresearch.c' Gabe MeAt F deq_air_qt M 369506 normal 

geraldschlosser@bene Gerald Schl F deq_air_qt M 286572 normal 

gjackson@emittechno Gary Jacks( F deq_air_qt M 404159 normal 

gjg@ecocion.com Gary Gates F deq_air_qt M 549004 normal 

gmcgann@co.carbon.r Gregory M• F deq_air_qt M 363334 normal 

Greg.brown@chsinc.C( Greg Brow1 F deq_air_qt M 343777 normal 

greg.hildebrand@tterrGreg Hildel F deq_air_qt M 389057 normal 

grey _nicolls@hotmail., robert F deq_air _qt M 341487 normal 

grodway@bison-eng.c' Grant Rodv F deq_air_qt M 530679 normal 

hbedbury@montanare Hadley Bed F deq_air_qt M 560539 normal 

hestmark.martin@epa Martin Hes F deq_air_qt M 363493 normal 

hhsgreengroup@gmail HHS Green F deq_air_qt M 408752 normal 

hkaiser@hydrometrics Heidi Kaise F deq_air_qt M 549411 normal 

hpeterson@mtech.edt Holly Peter F deq_air_qt M 292640 normal 

hrash@mt.gov Hoby Rash F deq_air_qt M 533691 normal 

hrobbins@bison-eng.c Hal Robbin F deq_air_qt M 164065 normal 

info@kakuk.com Michael Ka F deq_air _qt M 365390 normal 

info@lion.com lion Techn' F deq_air_qt M 373403 normal 

\...., info@northernplains.o Northern P F deq_air_qt M 363339 normal 

j.castro@ci.burbank.cc Jessica F deq_air_qt M 459770 normal 

Jackie.Fiikkema@Knife Jackie Flikk F deq_air_qt M 366921 normal 

jackross@nemontel.nE Jack Ross F deq_air_qt M 365517 normal 
jade.stokke@riotinto.cJade Stokk1 F deq_air_ql M 374005 normal 

Jagadeesan.Sethuramc Jagadeesar F deq_air _ql M 343778 normal 

jahughes@mt.gov Jim Hughe~ F deq_air _ql M 436864 normal 

jake.weirich@edaw.coJake Weirii· F deq_air _ql M 363414 normal 

jakenny@mt.gov Jake Kenny F deq_air _ql M 345922 normal 

jamie.christopher@aedamie Chris F deq_air_ql M 559559 normal 

jamie.gaboriau@riotin jamie gabo F deq_air _ql M 445283 normal 

jamiew@slservices.ne1Jamie Whit F deq_air _ql M 568884 normal 

JasMatthews@msn.co James Mat F deq_air_ql M 546741 normal 

javid @mod2.com Javid Nia F deq_air _ql M 378053 normal 

jcarlin@mt.gov Jim Carlin F deq_air_ql M 296809 normal 

jchaffee@bison:-eng.ccJeff Chaffee F deq_air_ql M 345920 normal 

jcoefield@mt.gov John CoefiE F deq_air _ql M 296815 normal 

jdorris@mt.gov Joshua Dor F deq_air_ql M 548211 normal 

jean.semborski@conodean Semb• F deq_air _ql M 457345 normal 

jeannehallesy@yahoo. Jeanne F deq_air_ql M 397650 normal 

jeff.briggs@ashgrove.cJeff Briggs F deq_air_ql M 543851 normal 

jeff@ajaxcompute rnet Jeff F deq_air_ql M 168389 normal 

Jenna_k_02@hotmail.· Jenna Lorir F deq_air_ql M 345938 normal 

jennifer.cinq-mars@ar Jen F deq_air_ql M 503622 normal 

jennifer.pin@riverston Jennifer Pir F deq_air_ql M 409575 normal 

jennifergoldman@oga Jennifer Gc F deq_air_ql M 343779 normal 

jenomara@mt.gov JennyO'MiF deq_air_ql M 163542 normal 

jfdowns@babcock.con John Down F deq_air_ql M J 571191 normal 

jford2@mt.gov McCloud (J F deq_air_ql M 296808 normal 

Jiakun.Zhang@stjude.c Jiakun Zhar F deq_air_ql M 165891 normal 

jmariepatrick@3rivers June Patrie F deq_air_ql M 403386 normal 

JMBianco@marathoncJulius Blan< F deq_air_ql M 478725 normal 

jmerkel@mt.gov Julie MerkE F deq_air_ql M 499317 normal 

jmparker@pplweb.cor Jim Parker F deq_air_ql M 343780 normal 

joe.w.lierow@exxonm Joe Lierow F deq_air_ql M 345918 norma I 

Joe@shumaker.psema Joe Aline F deq_air_ql M 365375 normal 

JOELKelm@msn.com Joel Keirn F deq_air_ql M 357113 normal 

John@SenatorJohn.ne John Brueg F deq_air_ql M 374004 normal 

jon.madison@mdu.cor Jon madiso F deq_air_ql M 529813 normal 

joseph.w.lierow@exxoJoe Lierow F deq_air_ql M 421562 normal 

josephfdepaz@yahoo.•Joseph F. d F deq_air_qL M 506005 normal 

jrussell@flathead.mt.g Joe Russell F deq_air_qL M 321823 normal 

jscott@cherrycreekrac Jay Scott F deq_air_qL M 463081 normal 

jsites@crowleylaw.cor J. Sites F deq_air_qL M 373412 normal 

jugorowski@mt.gov Joe Ugorov F deq_air_ql M 296803 normal 

Kalle.Kuether@mdu.cc Kalle Kueth F deq_air_ql M 459053 normal 

karen@netentrust.con karen F deq_air_ql M 463309 normal 

katrina_winborn@ursc Katrina Wh F . deq_air_ql M 505943 normal ..) kdavid@flathead.mt.g• Kelly David F deq_air_ql M 296817 normal 

kenre@comcast.net Kenneth REF deq_air_qL M 395580 normal 

Kevin.Pilger@taqa.ca Kevin Pilge F deq_air_ql M 544388 normal 
kgehret@perkinscoie.( Kate Gehre F deq_air _qL M 490551 normal 

'-..,. kgessaman@mt.gov Kathy GessT deq_air_qL M 163312 normal 

khooper@libby.org Kathy HOOJ F deq_air_qL M 389104 normal 

kirsty _gilmour@hotmc Kirsty Gilm F deq_air_qL M 241577 normal 

kmoore@co.lewis-clar Kathy Moo F deq_air_qL M 296810 normal 

korr@mt.gov Katherine C F deq_air_qL M 499341 normal 

krobertson@mjbradle' KRobertsor F deq_air_qL M 374080 normal 

ksolberg@anacondade Karen Solb• F deq_air_qL M 455879 normal 

kwalsh@enviroconsult Kevin Wals F deq_air_qL M 164502 normal 

kwebb@m-m.net Kristi Webt F deq_air_qL M 343776 normal 

larry@montanasulphu Larry Zink F deq_air_qL M 343782 normal 

lclark@fs.fed.us Lori Clark F deq_air_qL M 369504 normal 

leah.bennett@rocketn Leah Bennt F deq_air_qL M 545235 normal 

lee@prrlaw.com Lee Bruner F deq_air_qL M 287536 normal 

lepodal@yahoo.com Debbie LepF deq_air_qL M 382444 normal 

LGiatz@mt.gov Glatz, Linde T deq_air_qL M 563959 normal 

lhendley@co.lewis-cla L Hendley F deq_air_qL M 502351 normal 

library@crowleylaw.cc Crowley La F deq_air_qL M 373410 normal 

lindsay.spurlock@rioti' Lindsay Spl F deq_air_qL M 566944 normal 

ljordan@ravallicounty. Lea Jordan F deq_air_qL M 345915 normal 

llaknar@co.beaverhea Larry Laknc F deq_air_qL M 363325 normal 

lmoody@aiHic.com Lee MoodyF deq_air_qL M 275445 normal 

\...., lmoral@trinityconsultc Lani Moral F deq_air_qL M 463843 normal 

lnguyen@trinityconsul Linda Nguy F deq_air_qL M 463844 normal 

lonnie.fallin@jacobs.c' Lonnie Fa IIi F deq_air_qL M 490540 normal 

lstuder@stmaryland.ccluke F deq_air_qL M 407941 normal 

lweeks@nemont.net Linda WeeiF deq_air _qL M 530271 normal 

lzanto@mt.gov Lynn Zanto F deq_air_qL M 345936 normal 

macka_maka@hotmai robert F deq_air _qL M 341505 normal 

marcellama@cskt.org Marcella rv F deq_air_qL M 502980 normal 

Margaret.Zebley@aec• Margaret Z F deq_air_qL M 455877 normal 

margaret@montanasu Margaret F deq_air_qL M 393774 normal 

mark.lin@gmail.com Mark F deq_air_qL M 378449 normal 

mark@aspence.net Mark C. Pe·F deq_air_qL M 345928 normal 

markschaffer57@hotn mark schaf F deq_air_qL M 570453 normal 

mary.blel@chsinc.com Mary Blel F deq_air_qL M 551313 normal 

mbarton@co.missoula Michael Ba F deq_air_qL M 374294 normal 

mbasta@greatfallsmt.l Martin Bas- F deq_air_qL M 373390 normal 

mbrown@ap.org Matt Brow1F deq_air_qL M 457446 normal 

mcferrins@mt.net Felecity M( F deq_air_qL M 374295 normal 

megan.siems@sierracl Megan Sier F deq_air_qL M 497669 normal 

mhillman@trinitycons' Melissa Hil F deq_air_qL M 242070 normal 

mhoffman@jeffco.mt.: Michael G. F deq_air_qL M 505660 normal 

~ michelle@skyride.net michelle Hi F deq_air_qL M 535993 normal 

miosh_com@yahoo.cc Ken Liston F deq_air_qL M 562055 normal 

Mitcheii.Leu@plumcre Mitchell Le F deq_air_qL M 343783 normal 

mlct@mt.net Alec Hanse F deq_air_qL M 461780 normal 
mmca@mttrucking.or( Montana 1\, F deq_air _ql M 363338 normal 

montanabobcat@gma Bob F deq_air_ql M 567511 normal 

mpa@montanapetroleDave Galt F deq_air _ql M 163708 normal 

mpainter@ci.missoula Michael L. F deq_air _ql M 505691 normal 

mpontiff@newfield.co Mike Ponti" F deq_air _ql M 348288 normal 

mra ile@montanarefini Mike Raile F deq_air _ql M 544072 normal 

mrlambrecht@pplweb Mark Lamt: F deq_air _ql M 345924 normal 

msimonich@helenaha Mark Simo1 F deq_air_ql M 406128 normal 

mta udi.lbon@mtaudut Montana A F deq_air_ql M 363337 normal 

muncie1929@itstrian@ Muncie Me F deq_air _ql M 529606 normal 

mwignot@hydrometri• Michael Wi F deq_air_ql M 373404 normal 

nathan@bison-eng.cor Nathan Bar F deq_air _ql M 497571 normal 

Nick.Lawyer@montan; Nick Lawye F deq_air _ql M 545285 normal 

nickgeranios4317@msGeranios Er F deq_air _ql M 363347 normal 

nturnbull2@gmail.corr Neil Turnbl F deq_air_ql M 568913 normal 

oba rta@mt.gov Cline Barta T deq_air_ql M 163313 normal 

parker-christensen.vidVictoria Pa1 F deq_air_ql M 408624 normal 

Parkside@bigsky.net Jennifer S~ F deq_air_ql M 570979 normal 

Pat.kimmet@chsinc.cc Pat Kimme· F deq_air_ql M 343785 normal 

pat@crowleyconsultar Pat Crowle· F deq_air _ql M 365376 normal 

patels3@hotmail.com patel F deq_air_ql M 167591 normal 

patty@johnsonlanema Patty F deq_air_ql M 403125 normal 

pa u ldsherrpc@yahoo.c Paul F deq_air_ql M 168880 normal 

pcollins@crowleylaw.c P. Collins F deq_air _ql M 373413 normal 

pjsimonich@pplweb.cc Pete Simor F deq_air _ql M 343786 normal 

pkukay@hotmail.com Paul Kukay F deq_air_ql M 570980 normal 

. pmckenzie@stoltzelun Paul R. Mel F deq_air_ql M 460888 normal 

randall.j.richert@cono Randall Ric F. deq_air_ql M 343787 normal 

rdaniel@ravallicounty. Rod Daniel F deq_air_ql M 373999 normal 

rdriear@centurytel.ne Ralph Driec F deq_air_ql M 373405 normal 

rebecca@bison-eng.cc Rebecca F deq_air_ql M 171503 normal 

rebecca@northernplai Rebecca Fi! F deq_air_ql M 543996 normal 

redtail47@gmail.com Jo Ellis F deq_air_ql M 392323 normal 

reed.j.marton@conocc Reed J. Ma F deq_air_ql M 163700 normal 

rfink@co.carbon.mt.u! Rodney Fin F deq_air_ql M 363332 normal 

rgilson@cbmainc.com Robert Gils F deq_air_ql M 287244 normal 

rhughes@rmsmanager Rose Hugh• F deq_air_ql M 373388 normal 

Rick.Walsh@Northwe! Rick Waist F deq_air_ql M 345935 normal 

rjeffrey@mt.gov Robert Jeff F deq_air_ql M 296805 normal 

rkenyon@cgrs.com Randy Ken~ F deq_air_ql M 557161 normal 

roark@imt.net Carol Lee-P F deq_air_ql M 408787 normal 

ron.hyatte@riotinto.cc Ron Hyatte F deq_air_ql M 459831 normal 

ronald.nadwornick@rr Ronald Nac F deq_air_ql M 461885 normal 

ross.whelchel@north\4 Ross Whelc F deq_air_ql M 560801 norma I 

rr@hayfam.com C.E.Robert! F deq_air_ql M 303415 normal 

rsouthwick@gr-northe Rich South' F deq_air_ql M 343788 normal 

Runningelkcliff@aol.cc Running Ell F deq_air_ql M 293167 normal 
russb@ycchd.org Russ Bosch F deq_air _qL M 321824 normal 

~ ruth.Jensen@transcar Ruth Jense F deq_air_qL M 358767 normal 

RWeimer@stillwaterrr Randy Wei1 F deq_air_qL M 373998 normal 

sabrina_rojas@hotm; Sabrina F deq_air_qL M 307571 normal 

sabskb@gmail.com Scott and SF deq_air_qL M 363840 normal 

saraw@intermountain sara wakef F deq_air_qL M 553645 normal 

sbombard@natlforest! Sheree Bor F deq_air_qL M 363841 normal 

sclimidtb@ho.missoul; Ben Schmit F deq_air_qL M 296814 normal 

Shannon.morgan@ros Owen Orne F deq_air_qL M 369986 normal 

shatten@mt.gov Skye Hatte1 F deq_air_qL M 499318 normal 

sherry.bursey@anadar Sherry F deq_air_qL M 363505 normal 

sjohnson@co.cascade. Sandy John F deq_air_qL M 321820 normal 

smason@hydrometriC! Scott Maso F deq_air_qL M 112021 normal 

smullins@industrialinf• Shane Mull F deq_air_qL M 365678 normal 

snowakowski@mt.gov Sonja Now; F deq_air_qL M 406692 normal 

sobrien@oasisemissiol Shawna 0'1 F deq_air_qL M 557269 normal 

solsen@mt.gov Sandi Olser F deq_air_qL M 279495 normal 

srubino@sc.rr.com srubino F deq_air_qL M 462086 normal 

ssternberg@mt.gov Stan Sternt F deq_air_ql M 279498 normal 

Stacy.aguirre@wbip.et Stacy Aguir F deq_air_qL M 343749 normal 

stellaholt@live.com Stella F deq_air_qL M 506003 confirm 

stephentsmith@earthl Stephen T. F deq_air_qL M 460148 normal 

~ stevew@bkbh.com SteveWad•F deq_air_qL M 343789 normal 

susanalise@cox.net Susan F deq_air_qL M 372107 normal 

sutherlin1971@earthli Sandra Sutl F deq_air_qL M 455957 normal 

swright@daluminum.c Steve Wrig F deq_air_qL M 343790 normal 

szehntner@mt.gov Steve Zehn F deq_air_qL M 296806 normal 

tadd.berger@erm.corrTadd Berge F deq_air_qL M 376084 normal 

tdzomba@fs.fed.us Thomas Dz F deq_air_qL M 545135 normal 

teverts@mt.gov Todd Evert F deq_air_qL M 279494 normal 

thod ik@centurypaving.com F deq_air_ql M 163963 normal 

thomas.pick@mt.usda Tom Pick F deq_air_qL M 308986 held 

tiphlmiller@yahoo.con Tiphanie KEF deq_air_qL M 406247 normal 

tjewett@NPCA.ORG Tony Jewet F deq_air_qL M 345921 normal 

tkircher@stillwatermir Tom Kirche F deq_air_qL M 373409 normal 

Todd.O'Hair@bigsky.n• Todd O'Hai F deq_air_qL M 571017 normal 

todg@cordite .com TodGienn F deq...;.air_qL M 463251 normal 

tom.gibbons@tetratecTom Gibbo F deq_air _qL M 312974 normal 

townofalberton@blacl Diane Jods; F deq_air_qL M 362056 normal 

tquarles@retec.com Tim Quarle F deq_air_qL M 343791 normal 

traciebuhl@fs.fed.us Tracie F deq_air_qL M 560236 normal 

twidboom@barr.com TonyWidbF deq_air_qL M 362895 normal 

vdnnsa@aol.com Adam SheltF deq_air_qL M 507693 normal 

\... victor.m.dugan@exxorVictor M. C F deq_air _qL M 286639 normal 

videtich.callie@epa.go Callie Videt F deq_air _qL M 436862 normal 

walkers@ci.billings.mt Scott Walk• F deq_air_qL M 373398 normal 

Wburget@peabodyen• Wanda Bur F deq_air _qL M 373408 normal 
.,. 

whitem@dawsoncoun Mike WhilE F deq_air_ql ~ 363330 normal 

wildcovenants@msn.c Linda Dwar F deq_air_ql M 343949 normal 

william.thompson@no Bill Thomp! F deq_air_ql M 478397 normal 

wjacobs@flathead .mt. Wendee Ja F deq_air_ql M 296816 normal 

· wlneumiller@pplweb.c Bill Neumill F deq_air_ql M 286681 normal 

wlreynolds@bresnan.r William Re• F deq_air_ql M 568149 normal 

woodproducts@mt.ne Ellen Engst· F deq_air_ql M 343946 normal 

woodwardjj@cdm.conJesse Woo' F deq_air_ql M 432156 normal 

wwmercer@hollandha bill mercer F deq_air_ql M 557426 normal 

yardleysandra@hotma Sandra Van F deq_air_ql M 528452 normal 

yoonyoung.choi@mcd Yoonyoung F deq_air_ql M 454451 normal 
Li, Janet 

Distribution List Name: Interested Parties not on Lyris 

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Bud Clinch 

Carol Kenney 

Cathy Atkins 

Cliff Runningelk 

Don Potts 

Don Powers 

Erik Suffridge 

John Sesso 

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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.umtedu 

dpowers@bsb.mtgov 

erik.suffridge@mtusda.gov 

jsesso@bsb.mlgov 

kfetherston@bna.com 

lbocch@wyo.gov 

plessie.ellitt@usmc.mil 

Mike_Philbin@blm.gov 

mikel@rlkhydro.com 

ricklarson@bsb.mtgov 

rick.stefanic@bia.gov 

Tim.Roark@gallatin.mt.gov 

william.rogers@deq.idaho.gov 

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STEPHEN BLANICENSHIPPORD 

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JAMES FLANSBUR.G 

HAYS IDDGEPOLB S~LS 

BOX 110 HAYS~ 59527 

RONAW GEHRICE 

BIG SKY MINING CO. · 

POBOX97 

COLSTRIP MT 59323 

TAMMY JOHNSON 

ENVJRONOMICS INC 

POBOX 1026 

WHJTBHAll, MT 591S9 

JERRY D. KNUTSON 

WEST TECH SUPPLY cl SERVICES 

POBOX80711 

BILLINGS MT 59108 

~TERLMCNU1T AG EQUIPMENT SALES 

STATB SENATOR 

110 12111 AVE SW 

SIDNEY MT 59270 · 

FRED STEELE 

CSKT TRIBAL HEALlH 

ENVIRONMENTAL HEALnl 

BOX880 

ST IGNATIUS MT 59865 

GERALD WAGNER 

BLACKFEET TRIBAL 

ENVIRONMENTAL omCE 

POBOX2029 

BROWNING MT 59417 

DALE COCKRELL 

CHiliSTENSEN M~RE COCKRELL 

CUMMINGS&: AXELBERG PC 

POBOX7370 

KAUSPELL MT 59904-0370 

ALAN FllONBER.G 

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124 1ST AVES STB 17 

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POBOX283 

BELTMT 59412 

DICK JUN1UNEN 

llESOUilCE MGMT ASSOCIATES 

2S9 MCCLELLAN CREEK RD 

CLANCY MT 59634 

MICHAEL J WCIANO 

FARM IWlVESTING OF EUREKA 

POBOXIOSO 

EUREKA MT 59917 

STBVE PILCHER 

POBOX1715 

HELENAMT 59624-1715 

LILA TA YLOil 

HC42BOX59S 

BUSBYMT 59016 

BARB DOWSKI . 

REG MANAGER. Q\VEsT EH ct S 

1155 S FLATIR.ON COUR.T 

BOULDEil CO 80301 

. PEGGY FRUIT 

TOWN OF BROADUS 

CJ...E1U(J'l"RtJRER. 

POBOX659 

BR.OADUS MT 59317 

LYNNIDLL 

. MSE-HICM INC 

POBOX'7010 

SHEilJDAN WY 82801 

BOB KELLY 

INTERTEC 

619 S W HIGGINS STB S 

MISSOULA MT 59803 

JOHN MCKENNA 

ETS INTERNATIONAL 

1401 MUNICIPAL llD NW 

ROANOKE VA 24012~1309 

JIM llAMAKEll 

POBOX760 

CHOTEAU MT 59422 

NEIL 11JRNBULL 

POBOX404. 

BROCKTON MT 59213 
-2878-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.763 pertaining to revocation of ) 

~~~ ) 

) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On January 13, 2011, 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 fo~at of this notice. If you require an accommodation, contact Elois 

Johnson, Paralegal, no later than 5:00 p.m., January 3, 2011, 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: 

17.8.763 REVOCATION OF P.ERMIT (1) and (2) remain the same. 

(3) When the department has attempted unsuccessfully by certified mail. 

return receipt requested. to deliver a notice of intent to revoke a permit to a 

permittee at the last address provided by the permittee to the department. the 

permittee is deemed to have received the notice on the date that the department 

publishes the last of three notices of revocation. once each week for three 

consecutive weeks. in a newspaper published in the county in which the permitted 

facility was located. if a newspaper is published in the county or if no newspaper is 

published in the county in a newspaper having a general circulation in the county. 

(3) and (4) remain the same, but are renumbered (4) and (5). 

AUTH: 75-2-111, 75-2-204, MCA 

IMP: 75-2-211, MCA 

REASON: The proposed revision to ARM 17.8.763 would provide a process 

for notice by publication of the department's intent to revoke a Montana Air Quality 

Permit issued under Title 17, chapter 8, subchapter 7 when an owner or operator 

cannot be found for service by certified mail. One of the common reasons for 

revocation is failure to pay annual operating fees, and there have been instances 

when the department has not been able to revoke a pe~it for failure to pay fees 

because the emission source was no longer operating and the owner or operator no 

longer was at the site and could not be found for mail delivery. Revoking the permit 

24-12/23/1 0 MAR Notice No. 17-310 
-2879-

benefits the owner or operator because annual operating fees do not then continue 

to accrue. The proposed amendment also is necessary to allow the department to 

avoid expending resources preparing and mailing annual operating fee notices for 

the emission source. Notice by publication is acceptable in other contexts such as 

the Montana Rules of Civil Procedure. 

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., January 20, 

2011. 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; 

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: Joseph W Russell 

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

Chairman 

Certified to the Secretary of State, December 13, 2010. 

MAR Notice No. 17-310 24-12/23/1 0 
MAR Noticer· I "I· 3 I 0 ii 1 

H_earing Local1vn /YJ. :kU1£ KvtA ¥. 1 f::k.i..uU- MT Ttme & Date t/, {; t I i/[;R r REV coA"'rr ON 

PUBLIC RULE HEARING SIGN-UP SHEET 

PLEASE PRINT CHECK --ONE: - --

Name Address Proponent Opponent Neutral Testify

Stu IJ; IIJNi\- 1 u " b{"' X. 

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F:\RULEMAKING\Sign-In.doc 
BOARD OF ENVIRONMENTAL REVIEW 

Hearing Testimony- January 13, 2011 

Revocation rule 

Thank you, Madam. 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 the proposed revision to the Montana Air Quality Permit rules. 

The proposed revision to ARM 17.8.763 would set forth a process for notice by 

publication regarding the Department's intent to revoke a permit for a source 

regulated under Title 17, Chapter 8, subchapter 7. The current rule fails to set 

forth a method of alternative service in the event an owner or operator cannot be 

found for regular mail delivery. 

The Department feels including the provision would help close the loop in 

situations where an owner or operator is delinquent in its fee payment and the 

Department is obligated to pursue them, even though the owner or operator 

leaves no forwarding address or other information. Chasing down a cold trail and 

maintaining administrative records for an inactive source takes resources the 

Department can ill afford. The publication of an intent to revoke a permit will 

provide any owner or operator sufficient time to halt the process and remedy the 

situation. 

The Department supports the Board's proposed amendments to the rule and 

requests the Board adopt the amendments as proposed in the notice published 

December 23, 2010. 
~ Montana Department of 

~ ENVIRONMENTALQUALITY Brian Schweitzer, Governor 

Richard H. Opper, Director 

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 Amendment of 

Air Quality Permit Revocation Rule, ARM Notice No. 17-310 

DATE: January 20, 2011 

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. 763 to provide a procedure for notifying a 

permittee by publication of the Department's intent to revoke 

an air quality permit when the Department has been unable to 

deliver the notice by certified mail. 

The proposed amendment would not make the state rules more 

stringent th~n comparable federal regulations or guidelines. There 

are no federal air quality regulations or guidelines specifying 

procedures for revocation of air quality preconstruction permits. 

Therefore, no further House Bill 521 analysis is required. 

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 

House Bill 521 and House Bill 311 Memo for 

Amendment of Air Quality Permit Revocation Rule 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistsnce Division • Remediation Division 

1 
Name of Project: Proposed Amendment of Air Quality Permit Revocation Rule 

MAR Notice No. 17-310 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRIVATE PROPERTY ASSESSMENT ACT? 

YES NO 

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

affecting private real pro_Qerty 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 di~ose 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 Sa and 5b and continue with question 

6.] 

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

legitimate state interests? 

Sb. 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 Sa or Sb. 

~Ia' te 
NO WRITTEN PUBLIC TESTIMONY WAS RECEIVED 

FOR THE REVOCATION RULE 
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the Matter of the amendment 

of ARM 17.8.763 pertaining to 

Revocation of Permit 

PRESIDING OFFICER REPORT 

1. On January 13, 2011, at 1 :30 p.m., the undersigned Presiding Officer 

conducted the public hearing held in Room 111 of the Metcalf Building, 1520 East 

Sixth A venue, Helena, Montana, to take public comment on the above-captioned 

proposed amendment. The amendment sets forth a process for notice by 

publication regarding the intent of the Department of Environmental Quality to 

revoke a Montana Air Quality Permit issued under Admin. R. Mont. Title 17, 

Chapter 8, Subchapter 7 (preconstruction permits) when an owner or operator 

cannot be found for service by certified mail. 

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

Register (MAR), Notice No. 17-310, published on December 23, 2010, in Issue 

No. 24. 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. Ms. Susan Johnson of Lesofski Court Reporting, Inc., in Helena, 

MT, recorded the hearing. 

4. 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, a planner with the Air Resources Management 

Bureau with the Montana Department of Environmental Quality ("Department"), 

submitted a written statement supporting the amendment. (The written statement 

is attached.) 

6. No other testimony or written comments were submitted during or 

after the hearing. 

7. A written memorandum was submitted from the Department staff 

attorney, David Rusoff, with HB 521 and HB 311 reviews of the proposed 

amendment and a Private Property Assessment Act Checklist. (Mr. Rusoffs 

~ memorandum is attached to this report.) 

8. As to the HB 521 analysis, there are no federal regulations that 

specify procedures for revocation of air quality preconstruction permits and 

therefore, 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 Board is required to assess the taking or 

damaging implications of a proposed rule or amendments affecting 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 January 20, 

2011. 
PRESIDING OFFICER COMMENTS 

11. The Board of Environmental Review (Board) has jurisdiction to 

make the proposed amendments. See Mont. Code Ann.§§ 75-2-111 and 75-2-

204. 

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 amendment, reject it or 

adopt the rule amendment 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 July 20, 2011 . 

. "YDated this ~ day of March, 20 11. 

Presiding Officer 
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment 

of ARM 17.8.763 pertaining to 

revocation of permit 

TRANSCRIPT OF PROCEEDINGS 

On the 13th day of January, 2011, beginning 

at 1:40 PM, the above-referenced matter was 

heard at the Department of Environmental Quality, 

1520 East Sixth Avenue, Helena, Montana, before 

Susan Johnson, Registered Professional Reporter, 

Notary Public. 

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

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

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3 KATHERINE ORR 

BOARD COUNSEL 

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DEBRA WOLFE 

5 AIR RESOURCES MANAGEMENT BUREAU 

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

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Transcript ofProceedings 

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MS. ORR: This hearing is called to order. 

My name is Katherine Orr. I am an attorney with the 

Attorney General's Office, and I will preside over this 

hearing. Let the record show it is 20 minutes to 2:00 

on January 13, 2011. This hearing is taking place in 

Room 111 of the Metcalf Building in Helena, Montana. 

This is the time and place set for the rulemaking 

hearing in the matter of the proposed amendment of ARM 

17.8.763 pertaining to revocation of permit. 

Section 2-4-302(7) of the Montana Code 

Annotated requires me to read the Notice of Function of 

the Administrative Rule Review Committee. In this 

Notice, there is a listing of legislative committees and 

State of Montana departments over which the committee 

has oversight. 

The Notice reads as follows: Notice of 

Function of Administrative Rule Review Committee, 

interim committees and the Environmental Quality 

20 Council. Administrative rule review is a function of 

21 interim committees and the Environmental Quality 

22 Council, EQC. These interim committees and the EQC have 

23 administrative rule review, program evaluation and 

24 monitoring functions for the following executive branch 

25 agencies and the entities attached to agencies for 

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

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1 administrative purposes. 

2 There is the Economic Affairs Interim 

3 Committee: The Department of Agriculture, the 

4 Department of Commerce, the Department of Labor and 

5 Industry, the Department of Livestock, Office of the 

6 State Auditor and Insurance Commissioner and Office of 

7 Economic Development. 

8 Education and Location Government Interim 

9 Committee: The State Board of Education, Board of 

10 Public Education, Board of Regents of Higher Education 

11 and Office of Public Instruction. 

12 The Children, Families, Health and Human 

13 Services Interim Committee: The Department of Public 

14 Health and Human Services. 

15 The Law and Justice Interim Committee: The 

16 Department of Corrections and the Department of Justice. 

17 Energy and Telecommunications Interim 

Committee: Department of Public Service Regulation. 

Revenue and Transportation Interim Committee: 

20 The Department of Revenue and the Department of 

21 Transportation. 

22 The State Administration and Veterans Affair 

23 Interim Committee: The Department of Administration, 

24 the Department of Military Affairs and the Office of the 

25 Secretary of State. 

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

The Environmental Quality Council: The 

Department of Environmental Quality, and the Board of 

Environmental Review, the Department of Fish, Wildlife 

and Parks and the Department of Natural Resources and 

Conservation. 

5 

These interim committees and the EQC have the 

authority to make recommendations to an agency regarding 

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 also 

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 a rule or directing an agency to adopt 

or amend a rule or a 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 

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

Box 201706, Helena, Montana 59620-1706. 

Notice of this Hearing was published in the 

Montana Administrative Register, MAR Notice No. 17-310 

on December 23rd, 2010. 

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

1 As required by ARM 1.3.311 of the Secretary 

2 of State's Model Rules, which have been adopted by the 

3 Board and Department, I am required to summarize the 

4 major provisions of the Hearing Notice. The proposed 

5 revision to ARM 17.8.763 would provide a process for 

6 notice by publication of the Department's intent to 

7 revoke a Montana air quality permit. These are under 

8 Title 17, Chapter 32, Subchapter 7, when an owner or 

9 operator cannot be found for service by certified mail. 

10 Paragraph 3 of the Hearing Notice sets forth 

11 the proposed amendments in their entirety and the legal 

12 authority and rationale for those amendments. 

13 Paragraph 4 of the Hearing Notice indicates 

6 

14 that interested persons may submit their data, views or 

15 arguments either orally or in writing at this hearing. 

16 The Notice indicates that individuals may submit written 

17 data, views or arguments to the Board no later than 5:00 

18 PM on January 20, 2011. To be guaranteed consideration, 

19 mailed comments must be postmarked on or before that 

20 date. Written data, views or arguments may on or prior 

21 to this deadline, may submit written data, views oi 

22 arguments to Elois Johnson, Paralegal, Department of 

23 Environmental Quality, 1520 East Sixth Avenue, P.O. Box 

24 200901, Helena, Montana 59620-0901. The order for 

25 presentation of testimony today will be I will ask the 

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

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Department's representative, Debra Wolfe, to begin with 

an explanation of the proposed amendments and the reason 

for adopting them. And it does not appear that there is 

anyone here other than the Department Representative, so 

I will just start with her. 

It looks like there is no one else who wishes 

to testify, so it looks like we'll hear from the 

Department unless anyone else does wish to testify. 

Here for the Department is Deb Wolfe. 

MS. WOLFE: Thank you, Madam Presider. 

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 the proposed 

revision to the Montana Air Quality Permit rules. 

The proposed revision to ARM 17.8.763 would 

set forth a process for notice by publication regarding 

the Department's intent to revoke a permit for a source 

regulated under Title 17, Chapter 8, Subchapter 7. The 

current rule fails to set forth a method of alternative 

service in the event an owner or operator cannot be 

found for regular mail delivery. 

The Department feels that including the 

provision would help close the loop in situations where 

an owner or operator is delinquent in its fee payment 

and the Department is obligated to pursue them, even 

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

8 

1 though the owner or operator leaves no forwarding 

2 address or other information. Chasing down a cold trail 

3 and maintaining administrative records for an inactive 

4 source takes resources the Department can ill afford. 

5 The publication of an intent to revoke a permit will 

6 provide any owner or operator sufficient time to halt 

7 the process and remedy the situation. 

8 The Department supports the Board's proposed 

9 amendments to the rule and requests the Board adopt the 

10 amendments as proposed in the notice published December 

11 23, 2010. 

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Thank you. 

MS. ORR: Thank you. And at this time, I'm 

14 going to go ahead and adjourn the hearing. 

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

16 1: 4 7 PM.) 

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LESOFSKI COURT REPORTING, INC., 406-443-2010 
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3 C E R T I F I C A T E 

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7 I, Susan Johnson, Registered Professional 

8 Reporter, do hereby certify: 

9 That the foregoing hearing was taken before me 

10 at the time and place herein named, that the hearing was 

11 reported by me and that the foregoing pages 

12 

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contain a true record of the proceedings, to the best of 

my 

14 2011 

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)>i)Lc>MLJL) 

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C.' lJc,'1L4i?--J 

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,_.,-· u SUSAN JOHNSON 

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

January 13 2011 

3:25 committees (6) Education (4) 

1 7 attention (1) 3:14, 19,21,22;5:6,17 4:8,9,10,10 

5:20 concluded (1) either (1) 

1.3.311 (1) 7 (2) attorney (2) 8:15 6:15 

6:1 6:8;7:18 3:3,4 Conservation (1) Elois (1) 

1:47(1) Auditor (1) 5:5 6:22 

8:16 8 4:6 consideration (1) else (2) 

111 (1) authority (2) 6:18 7:6,8 

3:7 8 (1) 5:7;6:12 consistent (1) Energy (1) 

13 (1) 7:18 Avenue (1) 5:12 4:17 

3:6 6:23 Corrections (1) entirety (1) 

1520 (1) A 4:16 6:11 

6:23 B Council (3) entities (1) 

17 (2) address (2) 3:20,22;5: 1 3:25 

6:8;7:18 5:21;8:2 begin (1) current (1) Environmental (6) 

17.8.763 (3) adjourn (1) 7:1 7:19 3:19,21;5:1,2,3;6:23 

3:10;6:5;7:15 8:14 bill (1) EQC (4) 

17-310 (1) Administration (2) 5:14 D 3:22,22;5:6,17 

5:24 4:22,23 Board (7) estimated (1) 

Administrative (7) 4:9,9,10;5:2;6:3,17; data (4) 5:10 

2 3:13, 18,20,23;4: 1; 8:9 6:14,17,20,21 evaluation (1) 

5:24;8:3 Board's (1) date (1) 3:23 

2:00 (1) adopt (3) 8:8 6:20 even (1) 

3:5 5:14,16;8:9 Box (2) deadline (1) 7:25 

20 (2) adopted (1) 5:22;6:23 6:21 event (1) 

3:5;6:18 6:2 branch (1) Deb (1) 7:20 

200901 (1) adopting (1) 3:24 7:9 executive (1) 

6:24 7:3 bring (1) Debra (2) 3:24 

2010 (2) adoption (1) 5:20 7:1,11 existing (1) 

5:25;8: 11 5:8 Building (1) December (2) 5:21 

2011 (2) Affair (1) 3:7 5:25;8:10 explanation (1) 

3:6;6:18 4:22 Bureau (1) delinquent (1) 7:2 

201706 (1) Affairs (2) 7:12 7:24 

5:22 4:2,24 delivery (1) F 

23 (1) afford (1) c 7:21 

8:11 8:4 Department (25) fails (1) 

23rd (1) agencies (2) called (1) 4:3,4,4,5,13, 16, 16, 18, 7:19 

5:25 3:25,25 3:2 20,20,23,24;5:2,3,4;6:3, Families (1) 

2-4-3027 (1) agency (4) can (1) 22;7 :4,8,9, 13,22,25 ;8 :4, 4:12 

3:11 5:7,9,14,16 8:4 8 fee (1) 

Agriculture (1) certified (1) departments (1) 7:24 

3 4:3 6:9 3:15 feels (1) 

ahead (1) Chapter (2) Department's (3) 7:22 

3 (1) 8:14 6:8;7:18 6:6;7:1,17 Fish (1) 

6:10 air (3) Chasing (1) determine (1) 5:3 

32 (1) 6:7;7: 12,14 8:2 5:11 following (1) 

6:8 alternative (1) Children (1) Development (1) 3:24 

7:19 4:12 4:7 follows (1) 

4 amend (2) close (1) difficulties (1) 3:17 

5:15,16 7:23 5:20 forth (3) 

4 (1) amendment (2) Code (1) directing (1) 6:10;7:16,19 

6:13 3:9;5:8 3:11 5:14 forwarding (1) 

amendments (5) cold (1) down (1) 8:1 

5 6:11,12;7:2;8:9,10 8:2 8:2 found (2) 

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attached (1) 15,18,19,23 4:2,7;5:10 General's (1) 

LESOFSKI COURT REPORTING, INC., 406-443-2010 (1) 1.3.311- General's 
Transcript of Proceedings 

January 13,2011 

3:4 3:6;6:18 5:11,18 permit (5) 3:12 

Government (1) Johnson (1) Metcalf (1) 3: 10;6:7;7: 14, 17;8:5 reads (1) 

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minutes (1) 3:6,8 recommending (1) halt (1) K 3:5 PM(2) 5:15 

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4:12,14 3:3 monitoring (1) 5:21;6:23 records (1) hear (1) 3:24 poll (1) 8:3 

7:7 L Montana (8) 5:11 regarding (3) hearing (11) 3:7,11,15;5:22,24;6:7, postmarked (1) 5:7;7:13,16 

3:2,5,6,9;5:23;6:4, 10, Labor (1) 24;7:14 6:19 Regents (1) 

13,15;8:14,15 4:4 must (1) prepare (1) 4:10 

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legislative (2) Notice (13) 6:20 remedy (1) I 3:14;5:13 3:12,14,17, 17;5:23, process (3) 8:7 

Legislature (2) 24;6:4,6,10,13, 16;7:16; 6:5;7:16;8:7 repeal(2) ill (1) 5:11,13 8:10 program (1) 5:8,16 8:4 listing (1) 3:23 repealing (1) impact(1) 3:14 0 proposal (1) 5:14 

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8:2 7:10 3:2;5:19;6:24 publication (3) resolution (1) Instruction (1) mail (2) ORR(3) 6:6;7:16;8:5 5:15 

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3:9 Parks (1) Rule (11) J may (5) 5:4 rationale (1) 3:13, 18,20,23;5:8,12, 5: 10;6: 14,16,20,21 payment (1) 6:12 14,15,16;7: 19;8:9 January (2) members (2) 7:24 read (1) rulemaking (1) 

LESOFSKI COURT REPORTING, INC., 406-443-2010 (2) Government - rulemaking 
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rules (3) 8:1 

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5:19;6:16,20,21 

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

Transcript of Proceedings 

January 13, 2011 

(3) rules - written 
l\4ontana 

Board of Environmental Review P. 0. Bo>< 200901 • tfeh:nn, MT 59620-0901 • (406) 444-2544 • Web,.itc: wv.-vv.deq.statc.nll.us 

TELECONFERENCE AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, MARCH 25, 2011 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH A VENUE, HELENA, MONT ANA 

•••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 

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 Boord members will be participating via teleconference. One or more Board members may be present at the location stated above, 

as weD as the Board's attorney and secretary. 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 iliformation for the 

Board members is available from the Board secretary at (406) 444-2544 or at http:/lwww.deq.mi.Wflberlindex.asp. The Board will make 

reasonable accommodations for persons with disabilities wlw wish to [XU'ticipate in this meeting. Please contact the Board Secretary by 

telephone or by e-mail at iwittenberg@mt.iOV no later than 24 hours prior to the meeting to advise her of the nature of the accommodation 

you need 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

. A. REVIEW AND APPROVE MINUTES 

1. January 28,2011, Board meeting. 

II. BRIEFING ITEMS 

A. CONTESTED CASE UPDATE 

I. Cases assigned to Hearing Examiner 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 January 26, 2011, the Board received Notice of Continued Appearance of 

Counsel for North Star Aviation, Inc. 

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. Hearing Examiner Katherine Orr issued the First Scheduling Order on 

January 11, 2011. A hearing is scheduled for June 22, 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 

January 4, 2011, the Department filed The Department's Motion for Summary Judgment. 

The Board received ~e Respondent's Response to Motion for Summary Judgment and the 

Department's Reply Brief in Support of the Department's Motion for Summary Judgment 

on January 28, 2011. On March 3, 2011, Hearing Examiner Katherine Orr issued an Order 

Vacating Hearing Date to allow the hearing examiner additional time to rule on the Motion 

for Summary Judgment. 

Page I of4 
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. On February 1, 20 11, the 

Board received the Appellant's Motion to Amend Scheduling Order. Hearing Examiner 

Katherine Orr issued the Second Scheduling Order on Feb111ary 2, 2011, setting a hearing 

date of June 20, 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 January 24,2011, the Board received the Appellant's Request for 

Fourth Extension of Time to Respond to First Prehearing Order. Hearing Examiner 

Katherine Orr issued a Fourth Order Granting Extension of Time giving the parties 

through February 25, 2011, to reach settlement or file a proposed hearing schedule. On 

February 28, 2011, the Board received the Appellant's Request for Fifth Extension of 

Time to Respond to First Prehearing Order and on March 3, 2011, Ms. Orr issued the 

Fifth Order Granting Extension of Time, giving the parties through March 31, 2011, to 

reach settlement or file a proposed prehearing schedule. 

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

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

BER 2010-15 MFS. 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 MA TL. The 

Board received MATL 's Supplemental Brief in Support of its Motion to Dismiss the 

Laubach Appeal on January 14, 2011, and Appellant Laubach's Additional Briefing on 

January 18. On January 19, 2011, the Board received MATL 's Notice of Submittal of 

Motion to Dismiss the Laubach Appeal and on January 21 it received MA TL' s Amended 

Notice of Telephonic Deposition of Ronald Laubach. On February 1, 2011, the Board 

received Appellant Laubach's Response to Interrogatories, and on February 3, 2011, the 

Board received Intervenor MATL 's List of Witnesses and Exhibits. On March 3, 2011, 

Hearing Examiner Katherine Orr issued an Order Vacating Hearing and Resetting 

Prehearing and Hearing Dates, setting the hearing for March 29, 2011. 

h. 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 MA TL's 

certificate of compliance, BER 2010-16 MFS. On January 14, 2011, the Board received 

MA TL's Notice of Serice[sic] of MATL 's First Discovery Requests to Appellant Maurer 

Farms, Inc. A Notice of Appearance and a Response Brief to MATL 's Combined Motion 

to Dismiss was filed by Alan Joscelyn, attorney for the appellants, on January 20, 2011. 

On January 25, the Board received MATL 's List of Individuals Likely to Have 

Discoverable Information and Potential Exhibits. Hearing Examiner Katherine Orr issued 

a Second Amended Scheduling Order on January 26, 2011. On January 27, the Board 

received MATL 's Reply Brief in Support of Motion to Dismiss. The Board received 

Appellant's Response to MATL 's First Discovery Requests on February 17, 2011. On 

February 22, 2011, the Board received MATL's Unopposed Motion to Amend Scheduling 

Order. Ms. Orr issued a Third Amended Scheduling Order on March 1, 2011, setting a 

hearing on MA TL's Motion for Summary Judgment for April 12, 2011. On March 7, 

2011, the Board received Appellants ' Supplemented Response to MA TL 's First Discovery 

Requests. 

i. 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, ....) 

BERAgenda Page 2 of4 March 25, 2011 
Musselshell County, Montana, BER 2010-17 SM. On January 11, 2011, Hearing 

Examiner Katherine Orr issued an Order Granting Extension of Time, giving the parties 

until January 28, 2011, to reach a settlement or file a proposed schedule. 

j. 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 

Ground Water Pollution Control System (MGWPCS) Permit No. MTX000100, BER 

2010-18 WQ. On February 3, 2011, the Board received an Agreed Hearing Dates from 

the parties, requesting a two-day hearing during the week of July 11, 2011, in Kalispell. 

Hearing Examiner Katherine Orr issued a First Scheduling Order on March 1, 2011. 

k. 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 a Request for Extension on January 21, 

2011. On January 28, 2011, Hearing Examiner Katherine Orr issued an Order Granting 

Extension of Time, giving the parties through February 17 to reach settlement or file a 

proposed schedule. On March 1, 2011, at the request of DEQ counsel, Ms. Orr issued a 

Second Order Granting Extension ofTime giving the parties until March 10, 2011, to file 

a hearing schedule. 

2. Cases not assigned to a Hearing Examiner 

a. 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. At its January 28, 2011, meeting, the Board 

voted to hear this matter itself. Interim Hearing Examiner Katherine Orr issued the First 

Prehearing Order on December 23, 2010, giving the parties until January 13, 2011, to 

file a proposed schedule. 

b. 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. At its January 28, 2011, meeting, the Board voted 

to hear this matter itself. Interim Hearing Examiner Katherine Orr issued the First 

Prehearing Order on January 25,2011. 

B. GENERAL CORRESPONDENCE 

The Board will be briefed on the following correspondence received: 

1. January 20, 2011, letter from EPA, re: EPA's action on revisions to Montana's surface water 

quality standards. 

III. ACTION ITEMS 

A. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department will propose that the Board initiate rulemaking to: 

I. Amend 17.38.101 to correct a reference error and to create a new system type for purposes of 

engineering review and fee collection. This proposed amendment will have the effect of 

reducing engineering review fees for this new type of system. In addition, the Department is 

proposing amendments to clarify the water hauler requirements as defined in Title 17, chapter 

38, subchapter 5. 

2. Amend ARM 17.36.922 and ARM 17.36.924 to include additional criteria for use by the 

department when it hears appeals of local health board variance decisions, to clarify 

department procedures for variance review, and to make the rules consistent with statute. 

BERAgenda Page 3 of4 March 25, 2011 
B. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

1. In the matter of the amendment of air quality rules. The amendment to ARM 17.8.604 would 

require Department approval before moving and burning wood and wood byproducts and 

clarify compliance with BACT when contemplating and conducting open burning. The 

proposal also amends ARM 17.8.612(10), 17.8.613(8), 17.8.614(8), and 17.8.615(6) to be 

consistent with the direction of the legislature regarding the process for appealing air quality 

permits pursuant to 75-2-211, MCA. 

2. In the matter of the amendment of air quality rules. The amendment of ARM 17.8.763 sets 

forth a method of alternative service in the event an owner or operator cannot be found for 

regular mail delivery when notifying an owner or operator of a source regulated under Title 

17, Chapter 8, Subchapter 7 regarding the Department's intent to revoke a permit. 

C. FINAL ACTION ON CONTESTED CASES 

1. 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. On February 15, 2011, the Board received a joint Stipulation for 

Dismissal. An order dismissing the case will be presented for signature by the Chair. 

D. NEW CONTESTED CASES 

1. In the matter of violations of the Open cut Mining Act by Deer Lodge Asphalt, Inc., at 

the Olsen Pit, Powell County, Montana, BER 2011-02 OC. The Board received the appeal 

on March 8, 2011. The Board may appoint a permanent hearings examiner or decide to hear 

the matter. 

E. OTHER ACTION ON CONTESTED CASES 

1. 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. On January 20, 2011, the Board 

received The Department's Response to Petitioner's Request for Rehearing requesting that 

the Board reject the request for rehearing. 

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 4 of4 March 25, 2011 
-~ -Z-----:-- ~-----------r----------~ 

~ 

: r ~ Page 54 

would be more appro riate to move fallen tree 

Page 56 

1 entertain a motion to ad t the rule as presented, 

limbs downwind and a ay from town before open 

burning. 

2 accept the Presiding Offi r's report, the House 

3 

4 

5 

6 

7 

8 

9 

3 Bill 521 and 311 analysis, and there were no 

The rule was s bmitted to EPA for 

inclusion in the State I plementation Plan in 

2003. In 2004, EPA p posed to disapprove the 

amended provision. E A has not followed up to 

finalize the proposed sapproval since that time, 

but has more recently ndicated in discussions an 

inclination to approve · the rule was changed in 

some way that would ondition that approval. So 

the notice set forth a oposal to revise the rule 

to provide 'conditions fi r approval into the SIP. 

4 responses to comments. 

5 MS. WOLFE: The were no comments, Mr. 

6 Chairman. 

7 CHAIRMAN RUSS LL: Do I have a motion? 

8 MS. SHROPSHIRE So moved. 

9 CHAIRMAN RUSS L: It's been moved by 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

10 Robin. Is there a second 

11 MR. WHALEN: ond. 

12 CHAIRMAN RUSS L: Seconded by Joe 

13 Whalen. Any further co ents before we go? 

The revisions e sure that waste that is 

moved from the premi es where it is generated is 

still prohibited material and may not be burned 

unless it is conducted ursu.ant to a landfill or 

conditional open burni g permit. The revisions 

also ensure the move ent and burning is only an 

option for wood that islnot already described as 

prohibited in 17.8.604(~)(e). The proposed 

revisions ensure other methods of disposal are 

considered. Finally, th 1 proposal would require 

the open burning to co ply with BACT for open 

burning. 

14 (No response) 

15 CHAIRMAN RUSS L: We will roll call, 

16 Tom. So all those in favo , signify by saying 

Page 55 

17 

18 

19 

20 

21 

22 

23 

24 

25 

The proposed re ision to ARM 17.8.610(2) 1 

2 merely corrects gramm tical error. 2 

3 The notice also t forth revisions that 3 

4 make the open burning rules consistent with 4 

5 legislation removing th~ automatic stay during the 5 

6 process to appealing o~ning burning permits 6 

7 pursuant to 75-2-211, ~ontana Code Annotated. 7 

8 The Board initiatfi rulemaking and held 8 

9 a public hearing on Jan4ary 13th, 2011 to consider 9 

10 the proposed amendmehts to the above stated rules. 10 

11 The Department supports the amendments as set 11 

12 forth in the rulemaking notice published on 12 I 

13 December 23rd, 2010. tank you. 13 

14 CHAIRMAN RUS ELL: Thanks, Deb. 14 

15 Questions for the Depa , ment? 15 

16 (No response) +. 16 

17 CHAIRMAN RUS LL: Katherine, do you 17 

18 have anything to add? . ou were the Presiding 18 

19 Officer on that. 1 19 

20 MS. ORR: I don' , Mr. Chairman. 20 

21 CHAIRMAN RUS LL: Is there anyone in 2-1 

22 the audience that would like to speak to this 22 

23 matter before the Board takes action? 23 

24 (No response) 24 

"l CHAIRMAN RUSS LL: 25 

aye. 

MR. UVERS: Mr. 

(No response) 

MR. UVERS: Ms. hropshire? 

MS. SHROPSHIRE: Aye. 

MR. UVERS: Mr. halen. 

MR. WHALEN: Ay . 

MR. UVERS: Mr. ires. 

MR. MIRES: Aye. 1 

MR. UVERS: Chairman Russell. 

CHAIRMAN RUSSELL: Aye. Thanks. 

The next item on the agenda is 

Page 57 

amendments to the air quality rules, specifically 

17.8.763. 

MS. WOLFE: Thank you. Again, I'll 

reiterate for the record that my name is Debra 

Wolfe, and I work in the Air Resources Management 

Bureau, and I'm representing the Department today 

regarding action on the proposed revisions to the 

Montana air quality rules. 

The proposed revision to ARM 17.8.763 

would set forth a process for notice by 

publication regarding the Department's intent to 

revoke a permit for a source regulated under Title 

17, Chapter 8, Subchapter 7. 

The current rule fails to set forth a 

method of alternative service in the event an 

owner or operator cannot be found for regular mail 

delivery. The Department feels including a 

provision to help close the loop in a situation 

where an owner or operator is delinquent in its 

fee payment, and the Department is then obligated 

to pursue them even though the owner or operator 

leaves no forwarding address or other information. 

"~ " .- '•>:. ':'$< "' 

15 (Pages 54 to 57) 

LAURIE CRUTCHER, RPR 

406-442-8262 
-· '· 

Page 58 Pa9\: 

1 Chasing down a cold trail and 1 Board, this is a case involving a public water 

2 maintaining administrative records for an inactive 2 supplier at a mobile home park in cascade County, 

3 source takes resources the Department can ill 3 and the allegation in the notice of violation was 

1"4 afford. Publishing an intent to revoke a permit 4 a failure to monitor for total coliform bacteria 

5 would provide any owner or operator sufficient 5 under the public water supply permit. $1,024 was 

6 time to halt the process and remedy the situation. 6 asked for in penalties for failure to report the 

7 The Board initiated rulemaking and held 7 coliform bacteria over four months. And the 

8 public hearing on January 13th, 2011 to consider 8 parties were able to get together and agree, I ,, 

9 the proposed amendments in these rules. The 9 guess, that there was a misunderstanding as to the ~ 

10 Department supports the amendments as set forth in 10 responsibilities of this mobile home park owner, ' 

11 the rulemaking notice published on December 23rd, 11 and the notice of violation was vacated, and 

12 2010. Thank you. 12 penalties will not be imposed. 

13 CHAIRMAN RUSSELL: Thank you. Questions 13 CHAIRMAN RUSSELL: So therefore I have ; 

' 

14 for the Department? 14 an order of dismissal for Case Ng. BER 2010-14PWS, i 

15 (No response) 15 and I would entertain a motion to allow the Board ~ 16 CHAIRMAN RUSSELL: Katherine, anything 16 Chair to sign said order. ~ ~- 17 to add? 17 MS. SHROPSHIRE: $o moved. ~ 

18 MS. ORR: No, Mr. Chairman. 18 CHAIRMAN RUSSELL: It's been moved by ~ 

19 CHAIRMAN RUSSELL: Is this just like a 19 Robin. Is there a second? ~ 

20 record hearing, ten minutes? 20 MR. MIRES: Second. ~ 

21 MS. ORR: It is. 21 CHAIRMAN RUSSELL: It's been seconded by ; 

22 CHAIRMAN RUSSELL: All right. Anyone in 22 Larry. Further Board discussion? I 

23 the audience or on the phone who would like to 23 (No response) 

24 speak to this matter before the Board takes 24 CHAIRMAN RUSSELL: Hearing none, all I 

25 action? 25 those in favor, signify by saying aye. i 

Page 59 Page 61 : 

"'1 (No response) 1 MR. UVERS: Mr. Anderson. 

2 CHAIRMAN RUSSELL: Seeing and hearing 2 (No response) 

3 none, I would entertain a motion to adopt the rule 3 MR. UVERS: Ms. Shropshire. ' 

4 as presented, accept the Presiding Officer's 4 MS. SHROPSHIRE: Aye. '1 

5 report and the Department's 521 and 311 analysis. 5 MR. UVERS: Mr. Whalen. 

6 MR. MIRES: So moved. 6 MR. WHALEN: Aye. ' ,, 

; 

7 CHAIRMAN RUSSELL: It's been moved by 7 MR. LIVERS: Mr. Mires. ' 

8 Larry. Is there a second? 8 MR. MIRES: Aye. 

9 MR. WHALEN: ' I'll second, Mr. Chairman. 9 MR. UVERS: Chairman Russell. j 

·i 

10 CHAIRMAN RUSSELL: Seconded by Joe 10 CHAIRMAN RUSSELL: Aye. Nothing else, 1 

11 Whalen. We'll roll call, Tom. All those in 11 Katherine? ~ 

~ 12 favor, signify by saying aye. 12 MS. ORR: Nothing else on that case. ~ 13 MR. UVERS: Mr. Anderson. 13 Then I can go to the next item on the agenda if ~ 

14 (No response) 14 you would like. 1 

15 MR. LIVERS: Ms. Shropshire. 15 CHAIRMAN RUSSELL: That would be great. 5 

16 MS. SHROPSHIRE: Aye. 16 MS. ORR: Mr. Chairman, members of the ~ 

17 MR. LIVERS: Mr. Whalen. 17 Board, this is a new contested case matter 

18 MR. WHALEN: Aye. 18 involving an open cut mining act violation of 

19 MR. UVERS: Mr. Mires. 19 failure to obtain an open cut mining permit before j 

l 

20 MR. MIRES: Aye. 20 disturbing 14.7 acres of land without a permit, 

21 MR. UVERS: Chairman Russell. 21 and the penalty sought is $27,600. " ' 

22 CHAIRMAN RUSSELL: Aye. All right. We 22 . CHAIRMAN RUSSELL: This is the Deer .; 

23 should be on to final action on contested cases. 23 Lodge Asphalt, Inc.? ~ 24 Katherine. 24 MS. ORR: Yes. ~ 

'-.. !5 MS. ORR: Mr. Chairman, members of the 25 CHAIRMAN RUSSELL: Well, I would I .. .. ~~:~-w.',._,_.,, .t<' v ' ,y,""' .. ~--: .. c)..,,·--.· : ..• ,~,-;.;.,~,. -:~-..-.-l:"• ~~~:.<mb <'~~z;-.... ,,.,.,... •••• l:<il..., "'""'""'~,~~· >l~l£."1f" --~~~ ·~-=~~h'lf<i:<o.>:!~::~ ::~=·>.~<t ~ "'"~' .:fo ..... ;m • .;:;._,.... ~-.-~ .. .,U-,;'Uj>,•',"'"~iSoW'!W ~.-;:;,., .. ;m-.. _,.,:>! ' ·- 16 (Pages 58 to 61) 

LAURIE CRUTCHER, RPR 

406-442-8262 

I. 

( 

) 

] 

I 
Montana Department of Environmental Quality (DEQ)- Final Notice 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Home » Director's Office » Legal Unit » Final Notice 

Administrative Rules of Montana 

Final Notice of Rulemaking 

Effective 

4/15/11 

4/15/11 

3/25/11 

Purpose 

I Notice of Amendment (Air Quality- Open Burning- MAR Notice No; 17-

. 311) 

I 

Notice of Amendment (Air Quality - Revocation of Permit - MAR Notice No. . 17-310) 

I 

Notice of Amendment (Motor Vehicle Re~clinq and Disposal 

Reimbursement Payments for AbandonedVehicle Removal - MAR Notice 

No. 17-316) -------~ 

I 

Notice of Amendment, Adoption, and Repeal (Petroleum Tank Release 

Compensation Board - Procedural and Substantive Rules Regarding 

3/25/11 

2/25/11 

2/25/11 

Petroleum Tank Release Compensation- MAR Notice No. 17-313) 

Notice of Amendment (Hazardous Waste and Underground Storage Tanks - Emergency Preparedness, Prevention, and Response at Transfer 

Facilities. Reporting of Suspected Releases. Reporting and Cleanup of 

Spills and Overfills, and Reporting of Confirmed Releases- MAR Notice No. 

17-315) 

Notice of Amendment and Adoption (Tax Certification - Pollution Control 

Equipment. and Energy Facilities -Certification of Certain Energy 

Production or Development Facilities or Equipment for Property Tax 

Classification or Abatement, Monitoring of Compliance with Certification 

Criteria, and Revocation of Certification - MAR Notice No. 17-312) -------~ 

I 

Notice of Amendment and Adoption - (Underground Storage Tanks - Applicability, Compliance Inspections, Petroleum UST Systems, Fee 

2/11/11 

Schedule, Permit Issuance, and Anti-Siphon Requirements - MAR Notice 

No. 17-314) -------~ 

I 

Notice of Amendment (Public Water and Sewage System RequirementsMaximum Organic Chemical Contaminant Levels- MAR Notice No. 17-

2/11/11 

·JQID . -------~ 

I 

Notice of Amendment (Air Quality - Incorporation by Reference of Current 

Fedearl Regulations and Other Materials Into Air Oualitv Rules - MAR 

2/11/11 

10/15/10 

8/27/10 

8/13/10 

Notice No. 17-307) 

Notice of Amendment, Adoption, and Repeal (CECRA RemediationDefinitions, Facility Listing, Facility Ranking, Delistinq a Facility on the 

CECRA Priority List, Incorporation by Reference, Proper and Expeditious 

Notice, Third-Party Remedial Actions at Order Sites. Additional Remedial 

Actions not Precluded, Orphan Share Reimbursement. Purpose- MAR 

Notice No. 17-296) 

I Notice of Amendment (Underground Storage Tanks- MAR Notice No. 17-

\306) 

I Notice of Amendment (Solid Waste - Definitions and Annual Operating License Requirements- MAR Notice No. 17-305) ---------: 

http://deq.mt.gov/dir/legaVadoption.mcpx 

Page 1 of2 

4/15/2011 
~~ 

-568-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) NOTICE OF AMENDMENT 

17.8.763 pertaining to revocation of ) 

~m~ ) (AIR QUALITY) 

TO: All Concerned Persons 

1. On December 23, 2010, the Board of Environmental Review published 

MAR Notice No. 17-310 regarding a notice of public hearing on proposed 

amendment of the above-stated rule at page 2878, 2010 Montana Administrative 

Register, issue number 24. 

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

3. No public comments or testimony were received. 

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW 

Is/ David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

By: /s/ Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H. 

Chairman 

Certified to the Secretary of State, April 4, 2011. 

Montana Administrative Register 7-4/14111 
AIR QUALITY 17.8.763 

17.8.762 DURATION OF PERMIT (1) A Montana air quality permit is in 

effect until the permit is revoked under ARM 17.8.763, amended under ARM 

17.8.764, or modified under ARM 17.8.748. Portions of a Montana air quality permit 

may be revoked, amended, or modified without invalidating the remainder of the 

permit. 

(2) A permit issued prior to construction or installation of a new or modified 

facility or emitting unit may provide that the permit or a portion of the permit will 

expire unless construction or installation is commenced within the time specified in 

the permit, which may not be less than one year or more than three years after the 

permit is issued. (History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 

2002 MAR p. 3567, Eff. 12/27/02.) 

17.8.763 REVOCATION OF PERMIT (1) The department may revoke a 

Montana air quality permit or any portion of a permit upon written request of the 

permittee, or for violation of any requirement of the Clean Air Act of Montana, rules 

adopted under that Act, the Federal Clean Air Act and rules promulgated under that 

Act (as incorporated by reference in ARM 17.8.767), or any applicable requirement 

contained in the Montana State Implementation Plan (as incorporated by reference 

in ARM 17.8.767). 

(2) The department shall notify the permittee in writing of its intent to revoke 

a permit or a portion of a permit. The department's decision to revoke a permit or 

any portion of a permit becomes final when 15 days have elapsed after the 

permittee's receipt of the notice unless the permittee requests a hearing before the 

board. 

(3) When the department has attempted unsuccessfully by certified mail, 

return receipt requested, to deliver a notice of intent to revoke a permit to a 

permittee at the last address provided by the permittee to the department, the 

permittee is deemed to have received the notice on the date that the department 

publishes the last of three notices of revocation, once each week for three 

consecutive weeks, in a newspaper published in the county in which the permitted 

facility was located, if a newspaper is published in the county or if no newspaper is 

published in the county in a newspaper having a general circulation in the county. 

(4) When the department revokes a permit under this rule, the permittee may 

request a hearing before the board. A hearing request must be in writing and must 

be filed with the board within 15 days after receipt of the departmenfs notice of 

intent to revoke the permit. Filing a request for a hearing postpones the effective 

date of the departmenfs decision until issuance of a final decision by the board. 

(5) A hearing under this rule is governed by the contested case provisions of 

the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 

75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 

12/27/02; AMD, 2003 MAR p. 2272, Eff. 10/17/03; AMD, 2011 MAR p. 568, Eff. 

4/15/11.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-449 
AIR QUALITY 17.8.763 

17 .8. 762 DURATION OF PERMIT (1) A Montana air quality permit is in 

effect until the permit is revoked under ARM 17.8.763, amended under ARM 

17.8.764, or modified under ARM 17.8.748. Portions of a Montana air quality permit 

may be revoked, amended, or modified without invalidating the remainder of the 

permit. 

(2) A permit issued prior to construction or installation of a new or modified 

facility or emitting unit may provide that the permit or a portion of the permit will 

expire unless construction or installation is commenced within the time specified in 

the permit, which may not be less than one year or more than three years after the 

permit is issued. (History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 

2002 MAR p. 3567, Eff. 12/27/02.) 

17.8.763 REVOCATION OF PERMIT (1) The department may revoke a 

Montana air quality permit or any portion of a permit upon written request of the 

permittee, or for violation of any requirement of the Clean Air Act of Montana, rules 

adopted under that Act, the Federal Clean Air Act and rules promulgated under that 

Act (as incorporated by reference in ARM-17.8.767), or any applicable requirement 

contained in the Montana State Implementation Plan (as incorporated by reference 

in ARM 17.8.767). 

(2) The department shall notify the permittee in writing of its intent to revoke 

a permit or a portion of a permit. The department's decision to revoke a permit or 

any portion of a permit becomes final when 15 days have elapsed after the 

permittee's receipt of the notice unless the permittee requests a hearing before the 

board. 

(3) When the department has attempted unsuccessfully by certified mail, 

return receipt requested, to deliver a notice of intent to. revoke a permit to a 

permittee at the last address provided by the permittee to the department, the 

permittee is deemed to have received the notice on the date that the department 

publishes the last of three notices of revocation, once each week for three 

consecutive weeks, in a newspaper published in the county in which the permitted 

facility was located, if a newspaper is published in the county or if no newspaper is 

published in the county in a newspaper having a general circulation in the county. 

(4) When the department revokes a permit' under this rule, the permittee may 

request a hearing before the board. A hearing request must be in writing and must 

be filed with the board within 15 days after receipt of the department's notice of 

intent to revoke the permit. Filing a request for a hearing postpones the effective 

date of the department's decision until issuance of a final decision by the board. 

(5) A hearing under this rule is governed by the contested case provisions of 

the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History: 

75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 

12/27/02; AMD, 2003 MAR p. 2272, Eff. 10/17/03; AMD, 2011 MAR p. 568, Eff. 

4/15/11.) 

ADMINISTRATIVE RULES OF MONTANA 6/30/11 17-449 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NOTICE FOR PUBLIC HEARING 

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 rules proposed to be submitted are ARM 

17.8.604(1), ARM 17.8.610(2), 17.8.612(10), 17.8.613(8 & 9), 17.8.614(8 & 9), 

17.8.615(6 & 7), concerning open burning and 17.8.763 concerning revocation of 

permits. These changes to open burning and permit revocation rules were 

adopted by the Board of Environmental Review on March 25, 2011. 

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

include these rules 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 Departmenfs website at: 

http://dea.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 concerning the nature of the accommodation. Please contact Ms. Barta at 

P.O. Box200901, 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. November 1, 2011. 
Interested Parties Email - 9/30/11 

\. Abbie.Krebsbach@mdu.com Krebsbach, Abbie 

aday@trinityconsultants.com Day, Aaron 

afa nderson@fs.fed.us Anna Anderson 

ahedges@meic.org Hedges, Anne 

ajayi.christopher@epa.gov Ajayi, Christopher 

alex@womenandenvironment.org Gorman, Alexandra 

alj @gsjw.com Joscelyn, Alan 

allen@allen-associatesmt.com Allen, Don 

answerla@answerla.org answerla 

ash leydmoon@hotmail.com Ashley Moon 

astecpermits@gmail.com Catherine 

aussie_northcott@hotmail.com robert 

azzie_301@hotmail.com k 

bayxie@aol.com eddy 

bbqman1968@yahoo.com 

bdhohn@hohneng.com Hohn, Brian 

bd undas@truecos.com - Bob Dundas 

bettylu@blackfoot.net Jim Young 

bhabeck@mt.gov Habeck, Bob 

blaise.leblanc@hotmail.com 

bml@stateside.com Becky Lukaesko 

\..., Bob.Kober@Kniferiver.com Kober, Bob 

brian.zieske@malmstrom.af.mil Zieske, Brian 

brogers@newfield.com Brad Rogers 

BRouse@mt.gov Bonnie Rouse 

bruce.beiswanger@mdu.com Bruce Beiswanger- MDU 

bruce.krepley@naes.com Bruce Krepley 

bschmidt@co.missoula.mt.us Ben Schmidt 

carl@compliancefreaks.com Carl Williams 

ca ry@mtagc.org Hegreberg, Cary 

cathyl@bkbh.com Laughner, Catherine A. 

cboe@mt.gov Chris Boe 

ccrockett@mt.gov Carol Crockett 

cgernand@mt.gov Candice Gernand 

chalbert@landauinc.com Chip Halbert 

chomer@mt.gov Homer, Charles 

cindy_ buschman@mccormick.com Cindy Buschman 

cindymed@hotmail.com Cindy 

clarks@ycchd.org Snyder, Clark 

coate.carson@epa.gov Carson Coate 

commissioners@co.fergus.mt.us Bailey, Kathie 

coolnickjr@hotmail.com randy Iahey 

\.. crice@sinclairoil.com Curtis Rice - Sinclair Oil 

daguirre@mt.gov Dave Aguirre, DEQ-ARMB 

darcy.neigum@mdu.com Neigum, Darcy 
d~ rthur@all-llc.com Arthur, J. Daniel 

daveduttonfraser@yahoo.com dave 

david_long@eogresources.com David Long 

- EOG Resources 

dbockelmann@all-llc.com Bockelmann, David J 

dbusby@montanarefining.com Busby, Dexter 

dclark@petrohunt.com David Clark 

- Petro Hunt 

dcowan@mt.gov Devin Cowan 

debbies_design@yahoo.com Debra Vetter 

detroit03mm@ya hoo.com Mike 

dhagey@stimsonlumber.com Hagey, Darl 

Dhanson@petrohunt.com Doug Hanson 

- Petro Hunt 

dhrubes@midrivers.com David Hrubes 

dklemp@mt.gov Klemp, David 

dlinkenbach@mt.gov linkenbach, Debbie 

Dolan.Kathy@epamail.epa.gov Dolan, Kathy 

do nston7l@yahoo.com Don Bostic 

dpaulsen@ala-nr.org Paulsen, Dick 

dpowers@summite.com 

dq uander@hollandhart.com Quander, Don 

dscharf@barrick.com Scharf, Darrell 

dskibicki@mt.gov Skibicki, Debbie 

dsoehren@bresnan.net Doug Soehren 

dwalsh@mt.gov Walsh, Dan 

dwolfe@mt.gov Wolfe, Debra J. J ed@mt.net Ed Santos 

elbrunner@gmail.com Erica Brunner 

eliabitan@hotmail.com eliabitan 

ellenp@rfpco.com Porter, Ellen 

emerchant@mt.gov Merchant, Eric 

emilieboyles@yahoo.com emilie boyles 

Fgessaman@mt.gov Gessaman, Frank 

floyd.balentine@us.rhodia.com Balentine, cam 

ga ila _ consulting@msn.com Abercrombie, Gail 

gamefreak1261@yahoo.com gamefreak 

garneson@coloradoenergy.com Gary Arneson, Hardin Generating Plant 

gary.forrester@mduresources.com Forrester, Gary 

gdcriswell@pplweb.com Gordon Criswell 

geraldschlosser@ benefis.org Gerald Schlosser 

Greg.brown@chsinc.com Brown, Greg 

Greg.Gannon@Holcim.com Greg Gannon - Holcim, Inc. 

gregori@mcn.net Gregori, Tim 

grey _nicolls@hotmail.com robert 

guy@axmen.com guy hanson 

hhsgreengroup@gmail.com HHS Green Group 

hrobbins@bison-eng.com Robbins, Hal ,.) 

hthigpen@mt.gov Helen Thigpen 

info@kakuk.com Kakuk, Michael 
Jagadeesan.Sethu raman@whiting.com Sethuraman, Jagadeesan 

Jah ughes@mt.gov Hughes, Jim 

~ jajehn@marathonoil.com John Jehn 

javid@mod2.com Javid Nia 

jca rlson@co.missoula.mt.us Jim Carlson 

jchaffee@bison-e ng.com Chaffee, Jeff 

jeff.briggs@ashgrove .com Jeff Briggs 

jeff@ajaxcomputemetworking.com Jeff 

jenomara@mt.gov O'Mara, Jenny 

jerry.dismukes@whiting.com Jerry Dismukes 

jha nson@mt.gov Hanson, Judy 

Jia kun.Zhang@stj ude.org Jiakun Zhang 

jilesejibril@yahoo.com Jilese 

JM BLANCO@ MARA THONPETROLEUM.COM Julius Blanco 

jmparker@pplweb.com Parker, Jim 

JOELKelm@msn.com Joel Keirn 

john_mcmichael@xtoenergy.com John McMichael 

Jon.Madison@mdu.com Jon Madison 

jonnysanty@gma il.com JonnySanty 

jorourke@stoltzelumber.com O'Rourke, Joe 

joseph.w.lierow@exxonmobil:com Lierow, Joe 

joshua.jua @riverstonehealth.org Joshua 

jrussell@flathead .mt.gov Russell, Joe 

'-.. jsemerad@nd.gov Jim Semerad- NO Dept. of Health 

Kalle.Kuether@mdu.com Kalle Kuether 

kawilson@mt.gov Wilson, Karen 

kentucky.sago@mdu.com Kentucky Sago- MDU 

kevin@bison-eng.com Mathews, Kevin 

kganesan@mtech.edu Ganesan, Dr. Kumar 

kirsty _gilmour@hotmail.com Kirsty Gilmour 

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

lana.hedlund@malmstrom.af.mil Hedlund, Lana 

Ia rry@montanasulphur.com Zink, Larry 

levans3@mt.gov Evans, Lacey- DEQ/ARMB 

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

lisasandoval@contres.com Lisa 

LLoken@wpcnd.com Lance Loken- WPC, Inc. 

lmoore@mt.gov Moore, Louise 

lonnie.fallin@jacobs.com Lonnie Fallin 

lpeterson@mt.gov Peterson, Lisa 

lstuder@SM-Energy.com Luke Studer- SM Energy 

luigi_heydt@eogresources.com Luigi Heydt - EOG Resources 

macka_maka@hotmail.com robert 

mark.lin@gmail.com Mark 

~ mark@mt.net Peterson, Mark 

mbaker30@bresnan.net Baker, Mark 

mbrandl@montanaresources.com Brandl, Mary 
M H illman@trinityconsultants.com Melissa Hillman 

m hoffman@jeffco.mt.gov Michael G. Hoffman II 

mike_oconnor@xtoenergy.com Mike O'Connor 

M itcheii.Leu@plu mcreek.com Leu, Mitchell J 

m pa @montanapetroleum.org Galt, Dave 

mraile@montana refining.com Mike Raile 

m reynolds@co.lewis-clark.mt.us Reynolds, Melanie 

mscottsiearraclub@gmail.com Mike Scott 

- Siearra Club 

mtcoal@aol.com Mockler, Jim 

mtstory@fs.fed.us Story, Mark 

nancy_grosulak@xtoenergy.com Nancy Grosulak 

nmarxer@smurfit.com Marxer, Neal 

obarta@mt.gov Barta, Oline 

omar_232@cOde.net Smith 

Pat.kimmet@chsi nc.com Kimmet, Pat 

patels3@hotmail.com pate I 

pa uldsherrpc@ya hoo.com Paul 

pkukay@hotmail.com Paul Kukay- Genesis Troy 

ra ndall.j.richert@conocophillips.com Richert, Randall 

rebecca @bison-eng.com Rebecca 

reed.j.marton@conocophillips.com Reed Marton 

rgilson@H2Eincorporated.com Robert Gilson 

Rick.walsh@northwestern.com Walsh, Rick 

roark@imt.net Carol lee-Roark J ron.j.kuhler@exxonmobil.com Kuhler, Ron 

ropper@mt.gov Opper, Richard 

rsouthwick@gnplp.com Southwick, Rich 

russ.bos@riverstonehealth.org Russ Boschee 

russb@ycchd.org Boschee, Russ 

sandicl@mtaflcio.org Sandy 

schristensen@greateryellowstone.org Scott Christensen 

- GYC 

scott.wallace@dvn.com Scott Wallace 

sfairchild@mt.gov Fairchild, Sue 

sjohnson@co.cascade.mt.us Sandy Johnson-repository 

skmorr@msn.com Morrison, Ken 

smagie@wayzpartners.com Scott Magie 

snowakowski@mt.gov Sonja Nowakowski 

srimsn@gmail.com srimsn 

srubino@sc.rr.com srubino 

Stacy.Aguirre@WBIP.COM Aguirre, Stacy 

stellaholt@live.com Stella Holt 

stevew@bkbh.com Wade, Steve 

swalsh@montanaresources.com Walsh, Steve 

tdzomba@fs.fed.us Dzomba, Thomas 

thart@coloradoenergy .com Terry Hart 

thehigmister@hotmail.com 

tlivers@mt.gov livers, Tom 
whitem@dawsoncoun Mike While F deq_air_qL ~ 363330 normal 

wildcovenants@msn.c linda DwarF deq_air_qL M 343949 normal 

william.thompson@no Bill Thomp~ F deq_air_qL M 478397 normal 

wjacobs@flathead .mt. Wendee Ja F deq_air_qL M 296816 normal 

wlneumiller@pplweb.c Bill Neumill F deq_air_qL M 286681 normal 

wlreynolds@bresnan.r William Re• F deq_air_qL M 568149 normal 

woodproducts@mt.ne Ellen Engst· F deq_air_qL M 343946 normal 

woodwardjj@cdm.con Jesse Wooc F deq_air _qL M 432156 normal 

wwmercer@hollandha bill mercer F deq_air_qL M 557426 normal 

yardleysandra@hotma Sandra Van F deq_air_qL M 528452 normal 

yoonyoung.choi@mcd Yoonyoung F deq_air_qL M 454451 normal 
mPHEN llANIENSHIP fORD · DALE COCKRELL IMIDOWSII 

OtRISTENSEN MOORE COCKRELL REG MANAGER. QWEsT EH as 925 L 5T 51E 190 

SACRAMENTO CA 95114 POIOX7J70 '-'S5 S RAnRON COURT 

KAUSPaL MT 59904-0170 IOU\DER CO 11801 

~ESFUBIJRG ALAN FRONIERG PEGGY FRUIT 

HAYS LODGE POLE SOICOLS GLACIER ENGINEERING PC. TOWN OF BROADUS 

IOX110 1241ST AVES m 17 POIOXI59 

HAYS MT 59527 GREAT FALLS MT 59401 BROADUS MT 5932.7 

JOHN GERHART LYNN HILL TAMMY JOHNSON 

MSE-HIMINC ENVIRONOMICS INC PO lOX 2IS POIOX7010 POIOX1021 BRTMT 51412 · SHERIDAN WY 82101 WHITEHALL MT 59759 

DICK JUN1UNEN IOIKELLY JERRY DICNUTSON 

RESOURQ MGMT ASSCXIATES INTERTEC WESTTEOI SUPPLY & SERVIQS 

259 MCCLEUM CREEK ID &US W HIGGINS m S POIOXI0711 

QANCY MT 59614 MISSOULA MT 59101 IIWNGS MT 59108 

MICHAEL J LUCIANO JOHN MCKENNA WALTER L MCNUTT 

FARM HARVESTING OF BIREKA m INTERNATIONAL AG EQUIPMENT SALEs 

PO lOX 1050 1401 MUNICPAL RD NW 110 12TH AVE SW 

EUREKA MT 59917 ROANOKE VA 24012-1309 SIDNEY MT 59270 

~RAMAKER FRED STEELE ULATAYLOR CSKT TRIBAL HEALTH POIOX710 IOXIIO HC4ZIOX595 

atOTEAU MT 594Z2 ST IGNATIUS MT 59865 lUSBY MT 5901& 

NEIL TURNBULL GERALD WAGNER 

BLACKFEET TRIBAL POIOX404 POIOX202i BROCKTON MT 59213 BROWNING MT 59417 

1. 
Members: 

Bud Clinch 

Carol Kenney 

Cathy Atkins 

l ~liff Runningelk 

~on Potts 

Don Powers 

Erik Suffridge 

John Sesso 

Lori Bocchino 

Mike Ellitt 

Mike Philbin 

Mikel Siemens 

R. Daniel 

Rick Larson 

Rick Stefanic 

Stephen T. Smith 

Tadd Berger 

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 

lbocch@wyo.gov 

plessie.ellitt@usmc.mil 

Mike_Philbin@blm.gov 

mikel@rlkhydro.com 

rdaniel@rc.mt.gov 

ricklarson@bsb.mt.gov 

rick.stefanic@bia.gov 

stephentsmith@earthlink.net 

tadd.berger@erm.com 

Tim. Roark@gallatin.mt.gov 

william.rogers@deq.idaho.gov 

2 
NO PUBLIC COMMENTS WERE RECEIVED FROM THE SIP NOTICE FOR 

THE CHANGES IN THE REVOCATION RULE. 

1/-1-1! 

Oline Barta Date 

..
"'f Montana Department of 

~ ENVIRONMENTALQUALITY Brian Schweitzer, Governor 

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

DATE: September 29,2011 

TO: Air Interested Parties 

FROM: MT-DEQ, Air Resources Management Bureau (ARMB) 

RE: Request for public comment on State Implementation Plan (SIP) rule submittal 

Two air quality rules have been adopted by Montana's Board of Environmental Review and 

published by the Secretary of State's Office. This is a request for public comment on the 

submission ofthese rules to US EPA for inclusion in the SIP. The rules affect open burning and 

revocation of air quality permits. 

Enforcement Division • Permitting & Compliance Division • Planning,. Prevention & Assistance Division • Remediation Division 
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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