S TEVE 8 ULL.OCI< 

G OVERNOR 

December 17, 20 l 5 

Shau n McGrath 

Regional Administrator 

OFFICE OF THE GOVERNOR 

S TATE OF' MONTANA 

United States Enviromnental Protection Agency 

Region VIII, 8P-AR 

1595 Wynkoop Street 

Denver, Colorado 80202- I 129 

RE: Montana State Implementation Plan Actions 

Dear Mr. McGrath: 

ANGELA McLEAN 

L T. G OVERNOR 

For your consideration, this submittal contains proposed actions regarding the Montana State 

Implementation Plan (SIP) for protection of the National Ambient Air Quality Standards (NAAQS). 

The Montana Department of Enviromental Quality (department) has worked closely with the 

Environmental Protection Agency (EPA) Region 8 staff in the development of the proposed SIP 

actions. 

Three acti ons requiring consideration include: 

I. 20 12 Revised Annual Fine Particulate Matter (PM2.

5) NAAQS SIP Certification 

2. Clean Air Act (CAA) Section 128 Board of Enviromnental Review Conflict of Interest 

Provisions 

3. Commitment to Revise Prevention of Significant Deterioration (PSD) Permitting Provisions 

On December 12, 20 12, the EPA promulgated final revisions to the NAAQS for PM2.5. According 

to the applicable requirements of the CAA contained in 42 U.S.C. §7410(a)(1) and (2), within three 

years after promulgation of a new or revised NAAQS, each state shall adopt and submit to EPA a 

SIP that provides for implementation, maintenance, and enforcement of the NAAQS within the 

state, or certify adequacy of the existing SIP fo r this purpose. 

This submittal inc ludes an attachment providing an adequacy demonstration of Montana's 

compliance with the SIP in frastructure elements set fo rth at 42 U.S.C. §741 O(a)(2)(A) through (M). 

The information contained in the attachment was noticed for a 30-day public comment period, 

which ended on August 31, 2015. No comments were received during the public comment period. 

S TATE C APITOL • P.O. Box 200801 • H ELENA, M ONTANA 59620-0801 

TELEPHONE: 406-444-3111 • F AX: 406-444-5529 • W EBSITE: WWW.MT.GOV 
December 17, 2015 

Shaun McGrath, EPA Region 8 

Page2of2 

In 2013, the EPA identifi ed a problem with Montana's SIP specific to the requirements of Section 

128 of the CAA. Section 128 provides that SIPs must contain requirements that any board that 

approves permits or enforcement orders have a majority of members that " represent the public 

interest and do not derive any significant portion of their income from persons subject to permits or 

enforcement orders," and that those members shall disclose any potential conflicts of interest. 

Because the Board of Envirorunental Review (board) has such authority, compliance with Section 

128 of the CAA is required. 

The proposed amendments to the Administrative Rules of Montana (ARM) include definitions, 

conflict of interest requirements for members of the board, and the process by which the board 

members will report any possible confl icts of interest. 

f-or your convenience, the Montana Secretary of State publishes codified rules and you may view 

these rules in codified form on the Secretary of State's website: www.mtrules.org. The information 

contained in the attachment and proposed for SIP approval was noticed for a 30-day public 

comment period, which ended November 27, 20 15. No comments were received. 

Lastly, on A pri l 10, 20 15, the department submitted a revised significant monitoring concentration 

for PM2.5 fo r inclusion in the SIP to the EPA. In that submittal the department neglected to remove 

the phrase "24-hour average" from ARM 17.8.8 l 8(7)(a)(iii). 

EPA has indicated that this oversight needs to be addressed prior to approval of Montana's 

infrastructure SIP for 2008 lead and ozone, and 2010 nitrogen dioxide and sulfur dioxide. The 

department acknowledges ARM 17 .8.818, Review of Major Stationary Sources and Major 

Modifications - Source Applicability and Exemptions, should be revised. Montana commits to 

adopt and submit specific revisions, specilically to remove the phrase "24-hour average" in ARM 

l 7.8.8 18(7)(a)(iii), within one year of EPA's final action on these infrastructure submittals. 

Thank you for your consideration of these actions. If you have any questions, please contact 

Annette Williams, Technical Support Services Program Manager, by telephone at (406) 444-528 1 

or by emai l at anncttew@mt.gov. 

Sincerely, 

STEVE BULLOCK 

Governor 

CC: Carl Daly, Air Program Director, USEPA Region 8 

Jaslyn Dobrahner, USEPA Region 8 

Tom Livers, Director, Montana Department of Environmental Quality 

David L. Klemp, Air Quality Bureau Chief, Montana Department of Environmental Quality