BRIAN ScHWEITZER 

GovERNOR 

March 17, 2010 

Carol Rushin 

OFFICE OF THE GOVERNOR 

STATE OF MONTANA 

Acting Regional Administrator 

USEPA, Region 8 

999 18th Street, Suite 500 

Denver, Colorado 80202-2466 

Dear Ms. Rushin: 

P-AR 

JOHN BoHLINGER 

LT. GovERNOR 

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

contains revisions to the following rules: ARM 17.8.1 02, 17.8.302, 17.8.767, 17.8.802, 

17.8.822, 17.8.902, and 17.8.1 002. The Montana Board of Environmental Review 

(Board) adopted these rule amendments on October 2, 2009. 

This submission contains two copies of the Records of Adoption as required by 40 CFR 

Part 51, Appendix V. For your convenience, I have enclosed two copies of the 

complete rule texts as published by the Montana Secretary of State. If you have any 

questions concerning the contents of this submission, please direct them to Debra 

Wolfe, Montana Department of Environmental Quality at (406) 444-7916. 

Sincerely, 

C: Monica Morales, Chief, Air Quality Planning Unit, USEPA Region 8 

Kathy Dolan, Air Quality Planning Unit, USEPA Region 8 

RECEIVED 

U.S. EPA Region 8 

RA'sOffice 

MAR 3 0 2010 

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TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV 
RECORD OF ADOPTION 

Regulatory Actions 

TABLE OF CONTENTS 

(1) BER agenda granting rulemaking authority. 

(2) MAR notice for proposed rulemaking. 

(3) Public notice statement. 

(4) Memorandums to newspapers of general circulation. 

(5) Affidavits of publication including news clipping. 

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

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

(8) Department testimony. 

(9) Department HB 311 and 521 analysis. 

(1 0) Written public testimony. 

(11) Hearings officer report & transcript. 

(12) BER agenda from rule adoption meeting. 

(13) Transcript from BER rule adoption meeting. 

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

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

(16) Published rule 

/~uc;/07 Prepared by: Date: 
STATE OF MONTANA 

RECORD OF ADOPTION 

ARM: 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002 

Pertaining to the incorporation by reference of current federal 

regulations and other materials into air quality rules. 

Date of Final Adoption by the Board of Environmental Review: 

October 2, 2009 
Montana 

Board of Environmental Review 

P. 0. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 e Website: WI.VW.deq.state.mt.us 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, MAY 29, 2009 

METCALF BUILDING, ROOM 111 

1520 EA§T 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. Persons with disabilities, who need an 

accommodation in order to participate in this meeting, should contact the Board Secretary at ( 406) 444-670 I. 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

1. March 6, 2009, teleconference Board meeting. MINUTES 

2. March 27, 2009, regularly scheduled Board meeting. MINUTES 

II. BRIEFING ITEMS 

A. CONTESTED CASE UPDATE 

I. Cases assigned to Hearing Officer Katherine Orr 

a. In the matter ofCR 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. 

An EIS on the mine closure plan is on hold until collection of water quality data is completed. Once 

the data has been collected, the EIS will be completed and the case may become moot. The case is 

stayed pending completion of the EIS. The parties anticipate completion of the EIS in 2009. 

b. In the matter of Violations of the Water Quality Act by ASARCO, Inc., BER 2005-09 WQ. 

A Stay of Proceedings was issued by the Hearing Examiner on January 19, 2006, upon 

notification by the Department of the bankruptcy proceeding. 

c. In the matter of the appeal by Southern Montana Electric (SME) regarding its Air Quality 

Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. The 

Department of Environmental Quality filed a status report on September 19, 2008, requesting a 

stay until the EPA evaluated a reference test method for condensable particulate matter and 

SME filed a status report on September 19, 2008, requesting a stay of 6 months. An Order 

Granting Stay of Proceedings was issued by the Hearing Examiner on December 19, 2008. The 

stay is in place until March 19," 2009. On April 2, 2009, the Board received an Unopposed 

Motion of Petitioner Southern Montana Electric Generation and Transmission Cooperative, 

Inc., For an Additional Stay of Proceedings. The request in the motion is to delay proceedings until 

January I, 2010. On May 18,2009, the Hearing Examiner granted the stay and requested a status 

report on September 15,2009. 

d. In the matter of the appeal by Eastgate Water and Sewer Association of Helena Sand and 

Gravel, Inc.'s Opencut Permit No. HSG-017, BER 2008-08 OC. (The Board has retained 

jurisdiction on this case to hear contested case matters.) On March 25, 2009, the parties filed a 

Second Proposed Prehearing Schedule. Hearing Examiner Katherine Orr issued an Order 

Adopting Second Proposed Prehearing Schedule on April 2, 2009. 

Page I of4 
e. In the matter of violations of the Montana Water Quality Act by Wilderness Club, LLC., 

at the Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 WQ. (The Board 

has retained jurisdiction on this case to hear contested case matters.) On April 6, 2009, Hearing 

Examiner Katherine Orr issued a Second Scheduling Order. A telephonic prehearing conference 

is scheduled for December 4, 2009, and the hearing is scheduled for December 11, 2009, before 

the Board. On May 14, 2009, the Wilderness Club filed a Motion for Summary Judgment. 

f. In the matter of the appeal and request for hearing by Montana Environmental Information 

Center, Citizens for Clean Energy, Sierra Club, and National Parks Conservation 

Association of the Southern Montana Electric Generation and Transmission Cooperative 

Highwood Generating Station Air Quality Permit No. 3423-01, BER 2008-23 AQ. (The 

Board has retained jurisdiction on this case to hear contested case matters.) On February 17, 2009, 

Respondent-Intervenor Southern Montana Electric Generation and Transmission Cooperative, Inc. 

(SME) filed a Motion to Stay Proceedings until June 17, 2009. On February 17, 2009, the 

Appellants filed a Response to SME Motion to Stay supporting the stay on certain conditions. On 

February 26, 2009, Respondent-Intervenor, SME filed a Reply. On March 11, 2009, Hearing 

Examiner Katherine Orr issued an Order Granting Stay until June 17, 2009. 

g. In the matter ofviolations of the Montana Water Quality Act by Jim Gilman Excavating, 

Inc., at Augusta-South, Lewis and Clark County, BER 2008-24 WQ. On March 20, 2009, 

after consultation with the Appellant, the DEQ filed a Request for Extension. Hearing Examiner 

Katherine Orr issued a First Order Granting Extension of Time on April 2, 2009, giving the 

parties until June 23, 2009, to file a proposed prehearing schedule or settlement documents. 

h. In the matter of violations of the Metal Mine Reclamation Act by Saturday Sunday, LLC. 

Deer Lodge County, BER 2009-02 MM. The parties submitted a proposed pre-hearing and 

hearing schedule on February 26, 2009. Hearing Examiner Katherine Orr issued a First 

Scheduling Order on March 19, 2009. A contested case hearing has been set for June 19,2009. 

1. In the matter of violations of the Montana Public Water Supply Laws by Hugh Black-ST. 

Mary Enterprises, Inc. at the ST. Mary Lodge and Resort Public Water Supply System, 

PWSID #MT0002754, ST. Mary, Glacier County, BER 2009-04 PWS. The Board received 

the request for hearing on February 3, 2009. On February 6, 2009, Standing Interim Hearing 

Examiner Katherine Orr issued a First Prehearing Order. 

j. In the matter of the appeal by the River Rock County Water and Sewer District regarding 

its MDEQ Permit No. MTX000147 for its wastewater treatment facility, BER 2009-05 

WQ. The River Rock County Water and Sewer District filed a Second Unopposed Motion for 

Extension ofTime on AprilS, 2009. On May 7, 2009, Hearing Examiner Katherine Orr issued a 

Second Order Granting Extension of Time allowing the parties until June 1, 2009, to file a 

proposed hearing schedule or submit settlement documents. 

k. In the matter ofviolations of the Montana Undergound Storage Tank Act by Flying J Inc. at 

Flying J Travel Plaza, 112000 Browns Gulch Road, Butte, Silver Bow County, BER 2009-06 

UST. Hearing Examiner Katherine Orr issued the First Prehearing Order on March 19, 2009. 

The Board received a Proposed Pre hearing Schedule from the parties on April 2, 2009. A 

Scheduling Order was issued on May 18, 2009. A hearing is set for September 21, 2009. 

2. Cases in litigation 

BERAgenda 

a. In the matter of the Notice of Appeal and Request for Hearing of the Citizens Awareness 

Network, Women's Voices for the Earth, and the Clark Fork Coalition regarding DEQ's 

approval of the Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, BER 

2006-18 AQ. On December 22, 2008, the District Court issued an Order Denying Petitioners' 

Motion for Summary Judgment, affirming the February 2, 2007, order of the hearing officer 

concerning the denial of Petitioner's Motion for Leave to File an Amended Affidavit and } 

affirming the order of the Board of June 11, 2008. The District Court also denied Intervenor's ~ 

Page 2 of4 May 29,2009 
(Thompson River Power) Motion to Dismiss. A Notice of Entry of Judgment was filed on 

January 5, 2009, by the Respondent-Intervenor, Thompson River Power. Petitioners filed a 

Notice of Appeal to the Montana Supreme Court on January 30, 2009. The Petitioners obtained 

an extension of the time in which to file their opening brief, and their brief is due on May 22, 

2009. Briefs of Intervenors DEQ and TRP, and the Board, if the Board participates in the 

appeal, will be due within 30 days after service of the Petitioners' brief. 

b. In the matter of the appeal by Citizens for Clean Energy (CCE) and Montana 

Environmental Information Center (MEIC) regarding Air Quality Permit No. 3423-00 

issued to Southern Montana Electric (SME) for its Highwood Generating Station, BER 

2007-07 AQ. On January 12, 2009, SME filed a Request for Oral Argument, requesting that the 

district court schedule oral argument for sometime after January. On February 20, 2009, CCE 

and MEIC filed Petitioners' Second Notice of Supplemental Authority, attaching new EPA 

Administrator Lisa Jackson's February 17, 2009, letter to Sierra Club, granting its January 6, 

2009, amended petition for reconsideration of EPA's December 18, 2008, memorandum. On 

March 18, 2009, SME filed a Motion to Postpone Setting Oral Argument, requesting that the 

court not take action on SME's motion for oral argument until after June 17, 2009, which would 

coincide with the stay of proceedings granted to SME by the Board's hearing examiner in the air 

quality permit contested case pending before the Board. SME stated in its motion that it was 

requesting the stay of the district court proceeding for the same reason it requested a stay of the 

contested case proceeding, which was to allow its application for an air quality permit for a gasfired power plant to go forward without further litigating its permit for a coal-fired power plant 

permit during the same timeframe. CCE and MEIC opposed SME's stay request; DEQ did not. 

On March 20, 2009, the district court granted SME's motion to stay scheduling of oral 

argument. 

B. LEGISLATION WRAP-UP 

III. ACTION ITEMS 

A. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department will propose that the Board concur in its recommendation to initiate rulemaking to: 

1. Amend ARM 17.50.403 and 17.50.410 pertaining to the correction of outdated citations and 

references to solid waste rules that are currently being proposed for repeal in a Department 

rulemaking, the addition of a definition of "contaminated soil," and minor editorial revisions that 

are not intended as substantive changes. No hearing is contemplated; therefore, the appointment of a 

hearing officer is not required. ATTACHMENT 

2. Amend ARM 17.30.702, 17.36.101, 17.36.102, 17.36.103, 17.36 104, 17.36.323, 17.36.345, 

17.36.911, 17.36.912, 17.36.914, 17.36.916, 17.36.918, 17.36.922, 17.38.101, 17.55.102 and adopt 

New Rules I and II pertaining to Department Circular DEQ-4 and gray water reuse. ATTACHMENT 

3. Amend ARM 17.8.501, 17.8.504, 17.8.505, and 17.8.514 for the annual adjustment of air quality 

operation and open burning fees. ATTACHMENT 

4. Update the Air Quality Incbrporation by Reference Rules at ARM 17.8.102, 17.8.302, 17.8.767, 

17.8.802, 17.8.822, 17.8.902, and 17.8.1002 (annual update and housekeeping changes). 

ATTACHMENT 

B. REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

1. In the matter of the adoption of model organizational rulemaking and contested case rules as revised 

by the Secretary of State and Attorney General pursuant to HB 70 of the 2007 Legislature, which 

transferred certain model rules from the Attorney General to the Secretary of State. The Department 

proposes the Board adopt the rules as published in the Notice of Proposed Amendment. 

ATTACHMENT 

BERAgenda Page 3 of4 May 29,2009 
C. NEW CONTESTED CASE APPEALS 

I. In the matter of the request for hearing by Sandy Rose regarding the Notice of violation ofthe 

Montana public Water Supply Laws by Canyon Ferry Mansion, Inc., at Canyon Ferry 

Mansion, PWSID #MT0004387, Helena, Lewis and Clark County, BER 2009-08 PWS. The 

Board received the request for hearing on April 30, 2009. A First Prehearing Order was issued on 

May 18, 2009. The Board may appoint a permanent hearing examiner or decide to hear the matter. 

ATTACHMENT 

2. lin the matter of the Notice of Violations of the Montana Water Quality Act by North §tar 

Aviation, Inc. at Ravalli County Airport, Ravalli County, BER 2009-10 WQ. The Board 

received the request for hearing on May 13, 2009. The Board may appoint a permanent hearing 

examiner or decide to hear the matter. ATTACHMENT 

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

LLC, Jefferson County, BER 2009-11 AQ. The Board received the request for hearing from 

Joseph Schmaus on May 20, 2009. The Board may appoint a permanent hearing examiner or decide 

to hear the matter. ATTACHMENT 

D. FINAL ACTION ON CONTESTED CASES 

I. In the matter of violations ofthe Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-07 HW (MT Waste Systems). On April 24, 2009, the Board 

received a Stipulation for Dismissal signed by the parties. An Order of Dismissal will be presented 

for signature by the Chairman. ATTACHMENT 

2. In the matter of violations of the Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-09 HW (Three W's). (The Board has retained jurisdiction on this 

case to hear contested case matters.) On April24, 2009, the parties filed a Stipulation for Dismissal. 

An Order of Dismissal will be presented for signature by the Chairman. ATTACHMENT 

3. In the matter of the appeal by the USDA Forest Service Northern Region of the air quality 

major open burning permit fee for calendar year 2009, BER 2009-01 AQ. On April 13, 2009, 

the Board received a Stipulation by Department of Environmental Quality and USDA Forest Service 

for Dismissal of Contested Case. An Order of Dismissal will be presented for signature by the 

Chairman. ATTACHMENT 

4. In the matter of violations of the Open cut Mining Act by Daniels County at the D. Hanrahan 

Pit, Daniels County, BER 2009-03 OC. On May 6, 2009, the Board received a Stipulation to 

Dismiss. An Order of Dismissal will be presented for signature by the Chairman. ATTACHMENT 

5. In the matter of the request for bearing by William Gross regarding the notice of termination 

of his MDEQ MPDES Suction Dredge General Permit No. MTG70267, BER 2009-07 WQ. The 

Board received the request for hearing on April28, 2009. On May 12, 2009, the Board received a 

letter from Mr. Gross indicating he had resolved the issue and was dropping his appeal. An Order of 

Dismissal will be presented for signature by the Chairman. ATTACHMENT 

6. In the matter of the Notice of Violation of the Montana Underground Storage Tank Act by 

Amsden, LLC at The Comer Store, Powder River County, Montana, BER 2009-09 UST. The 

Board received the request for hearing on May 5, 2009. An Order of Dismissal will be presented for 

signature by the Chairman. ATTACHMENT 

IV. GENERAL PUBLIC COMMENT 

A. 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 Page4 of4 May 29,2009 
-954-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.102, 17.8.302, 17.8.767, 17.8.802, ) 

17.8.822, 17.8.902, and 17.8.1002 ) 

pertaining to incorporation by reference ) 

of current federal regulations and other ) 

materials into air quality rules ) 

TO: All Concerned Persons 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

1. On July 27, 2009, at 1:30 p.m., the Board of Environmental Review will 

hold a public hearing in Room 35, 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 5:00p.m., July 6, 2009, 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: 

has: 

17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) Unless e>Epressly pro'lided otherwise, i!n this chapter where the board 

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

~ 2008, edition of the Code of Federal Regulations (CFR); 

(b) remains the same. 

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

of Montana by reference, the reference is to the December 31, ~ 2008, edition of 

the Administrative Rules of Montana (ARM). 

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

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

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

and Industrial Solid Waste Incineration Units for which Construction is Commenced 

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

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

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

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

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

Times for Coal-fired Electric Steam Generating Units. 

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

MAR Notice No. 17-285 12-6/25/09 
-955-

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

(a) through (d) remain the same. 

AUTH: 75-2-111, MCA 

IMP: Title 75, chapter 2, MCA 

17.8.302 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new 

stationary sources and modifications, with the following exceptions: 

(i) 40 CFR 60.1500 through 1940 and tables 1 through 8 (subpart BBBB), 

emission guidelines for existing small municipal waste combustion units, are not 

incorporated by reference; aA6 

(ii) 40 GFR 60.4141 4142, pertainin!iJ to mercury allo'.vance allocations; 

(b) through (4) remain the same. 

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

IMP: 75-2-203, MCA 

17 .8. 767 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference: 

(a) and (b) remain the same. 

(c) 40 CFR Part 60, specifying standards of performance for new stationary 

sources, except for 40 GFR 60.4141 4142, pertainin!iJ to mercury allowance 

allocations; 

(d) through (4) remain the same. 

AUTH: 75-2-111, 75-2-204, MCA 

IMP: 75-2-211, 75-2-215, MCA 

17.8.802 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the following: 

(a) and (b) remain the same. 

(c) 40 GFR Part 58, Appendix B, pertainin!iJ to quality assurance 

requirements for prevention of si!iJnificant deterioration air monitorin!iJ; 

(91 !9 40 CFR Part 60, pertaining to standards of performance for new 

stationary sources, m<Gept for 40 GFR 60.4141 4142, pertainin!iJ to meroury 

allowance allocations; 

(e) through (g) remain the same, but are renumbered (d) through (f). 

(2) through (5) remain the same. 

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

IMP: 75-2-202, 75-2-203, 75-2-204, MCA 

17.8.822 AIR QUALITY ANALYSIS (1) through (8) remain the same. 

(Q) The owner or operator of a major stationary source or major modification 

shall meet the requirements of 40 GFR Part 58, Appendix B, durin!iJ the operation of 

12-6/25/09 MAR Notice No. 17-285 
-956-

monitoring stations for purposes of satisfying this rule. 

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

IMP: 75-2-202, 75-2-203, 75-2-204, MCA 

17.8.902 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new 

stationary sources, except for 40 CFR 60.4141 4142, pertaining to mercury 

allowance allocations; 

(b) through (5) remain the same. 

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

IMP: 75-2-202, 75-2-203, 75-2-204, MCA 

17.8.1002 INCORPORATION BY REFERENCE (1) For the purposes of this 

subchapter, the board adopts and incorporates by reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new 

stationary sources, except for 40 CFR 60.4141 4142, pertaining to mercury 

allowance allocations; 

(b) through (5) remain the same. 

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

IMP: 75-2-202, 75-2-203, 75-2-204, MCA 

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

current editions of federal regulations and state rules that are incorporated by 

reference. The board is proposing to amend ARM 17.8.102(1) to adopt revisions to 

federal regulations published in the July 1, 2008, edition of the Code of Federal 

Regulations (CFR) and revisions to state rules published in the December 31, 2008, 

edition of the Administrative Rules of Montana. The board adopts and incorporates 

by reference federal regulations, including emission standards, to ensure that 

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

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

and in order to timely implement emission standards that have been developed on 

the federal level pursuant to a federal program of emissions control. 

The board is proposing to delete references to 40 CFR Part 60, Subpart 

HHHH, EPA's Clean Air Mercury Rule (CAMR), which was vacated by the D. C. 

Circuit Court of Appeals on February 8, 2008. Effective Apri117, 2009, the board 

excluded CAMR from incorporation by reference of 40 CFR Part 60, in ARM 

17 .8.1 02, which applies to the entire chapter of air quality rules. References to 

CAMR being excepted from incorporation by reference of 40 CFR Part 60 remain in 

certain individual subchapters of the air quality rules, including ARM 17 .8.302, 

17.8.767, 17.8.802, 17.8.902, and 17.8.1002. The board is proposing to delete 

those references because they are no longer necessary. This proposed amendment 

is not intended to have any substantive effect, as the board intended for its April 

2009 amendment of ARM 17.8.102 to delete CAMR from applicability to the 

MAR Notice No. 17-285 12-6/25/09 
-957-

Montana air quality rules. 

The board also proposes amendments to ARM 17 .8.1 02(1 ), (2), and (3) to 

clarify that these provisions apply to the entire chapter, and the board proposes to 

delete ARM 17.8.802(1)(c) and 17.8.822(9), which require compliance with the 

ambient monitoring requirements of 40 CFR Part 58, Appendix B, because that 

appendix no longer exists. 

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., August 3, 2009. 

·-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 ejohnsori@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: 

/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, June 15, 2009. 

12-6/25/09 MAR Notice No. 17-285 
PUBLIC NOTICE 

ARM 5019-166 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.1 02, 17 .8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1 002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

\...,.. 4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P .0. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

\.-... proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov'\ no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
DATE: 

TO: 

FROM: 

Montana Department of 

ENVIRONMENTAL UAUTY 

P. 0. Box 200901 Helena, MT 59620-0901 

June 22, 2009 

Brooke Summers 

Great Falls Tribune 

P.O. Box 5489 

Great Falls, MT 59403 

Oline Barta 

Admin. Assistant 

MT- DEQ/ ARMB 

( 406) 444-0524 

(406) 444-2544 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-166) 

Brian Schweitzer, Governor 

Website: www.deq.mt.gov 

Please publish the attached document in the legal section of your newspaper on Thursday, June 

25,2009. Return the original affidavit of publication and a copy of the billing statement to the 

address below. Due to our fiscal year ending June 30, we would appreciate receiving the bill 

after July 1. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, please call me at ( 406) 444-0524. Please reply 

to this email to let me know you have received it. Thank you. 
PUBLIC NOTICE 

ARM 5019-166 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.1 02, 17 .8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

~ proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov", no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
DATE: 

TO: 

FROM: 

Montana Department of 

ENVIRONMENTAL UALITY 

P. 0. Box 200901 Helena, MT 59620-0901 

June 22, 2009 

Legal Notice Staff 

Helena Independent Record 

P.O. Box 4249 

Helena, MT 59604 

Oline Barta 

Admin. Assistant 

MT -DEQ/ARMB 

(406) 444-2544 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-167) 

Brian Schweitzer, Governor 

Website: www.deq.mt.gov 

Please publish the attached document in the legal section of your newspaper on Thursday, June 

25,2009. Return the original affidavit of publication and a copy of the billing statement to the 

address below. Due to our fiscal year ending June 30, we would appreciate it if our bill came 

after July 1. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, you can call me at ( 406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
PUBLIC NOTICE 

ARM 5019-167 

1) On July 27, 2009 at 1 :30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.1 02, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1 002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the L proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov", no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
DATE: 

TO: 

FROM: 

Montana Department of 

ENVIRoNMENTAL UAUTY 

P. 0. Box 200901 Helena, MT 59620-0901 

June 22, 2009 

Legal Notice Staff 

Miles City Star 

13 North 6th 

Miles City, MT 59301 

Oline Barta 

Admin. Assistant 

MT- DEQ/ ARMB 

(406) 444-2544 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-168) 

Brian Schweitzer, Governor 

Website: www.deq.mt.gov 

Please publish the attached document in the legal section of your newspaper on Thursday, June 

25,2009. Return the original affidavit of publication and a copy of the billing statement to the 

address below. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, you can call me at ( 406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
PUBLIC NOTICE 

ARM 5019-168 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.102, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov", no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
DATE: 

TO: 

FROM: 

Montana Department of 

ENVIRONMENTAL UALITY 

P. 0. Box 200901 Helena, MT 59620-0901 

June 22, 2009 

Legal Notice Staff 

Missoulian 

P.O. Box 8029 

Missoula, MT 59807 

Oline Barta 

Admin. Assistant 

MT- DEQ/ ARMB 

(406) 444-2544 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-169) 

Brian Schwcit.lcr, Governor 

Website: www.deq.mt.gov 

Please publish the attached document in the legal section of your newspaper on Thursday, June 

25,2009. Return the original affidavit of publication and a copy of the billing statement to the 

address below. Due to our fiscal year ending June 30, we would appreciate receiving the bill 

after July 1. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, you can call me at ( 406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
PUBLIC NOTICE 

ARM 5019-169 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.102, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

4....,. proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov", no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
DATE: 

TO: 

FROM: 

Montana Department of 

ENVIRONMENTAL UALITY 

P. 0. Box 200901 Helena, MT 59620-0901 

June 22, 2009 

Tammy Haar 

Billings Gazette 

P.O. Box 31238 

Billings, MT 59107 

Oline Barta 

Admin. Assistant 

MT- DEQ/ARMB 

( 406) 444-0524 

(406) 444-2544 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-170) 

Brian Schweitzer, Governor 

Website: www.deq.mt.gov 

Please publish the attached document in the legal section of your newspaper on Thursday, June 

25, 2009. Return the original, affidavit of publication and a copy of the billing statement to the 

address below. Due to our fiscal year ending June 30, we would appreciate receiving the bill 

after that date. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, you can call me at ( 406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
PUBLIC NOTICE 

ARM 5019-170 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the 

hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules of Montana (ARM) 17.8.1 02, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and the inclusion of those rules into the Montana 

State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, 

by IBR federal statutes and regulations. IBR is accomplished by adopting the 

most current edition of the Code of Federal Regulations (CFR), U.S. Code, and 

ARM in ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR for 

consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1 002. 

5) The Board will be accepting public comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call 

the Department at 406-444-7916 to have a copy made available for their 

inspection. 

7) 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 the 

Board no later than 5 p.m., July 20, 2009 to advise the Board's secretary of the 

nature of the accommodation that you need. Please contact the Board Secretary 

at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2544; fax 

(406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

'-..... proposed amendments either in writing, or orally at the hearing. Written data, 
views or arguments may also be submitted to Board's Secretary, Board of 

Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, 

Montana, 59620-0901; faxed to (406) 444-4386; or submitted electronically via 

email addressed to "ber@mt.gov", no later than 5 p.m. August 3, 2009. To be 

guaranteed consideration, written comments must be postmarked on or before 

that date. 
AFFIDAVIT OF PUBLICATION 

THE GREAT FALLS TRIBUNE 

205 RIVER DR S 

GREAT FALLS, MT 59405 

Phone: (406) 791-1444 

Toll Free (BOO) 438-6600 

Terri VanLieshout, being first duly sworn deposes and says that GREAT FALLS 

TRIBUNE COMPANY is a corporation duly incorporated under the laws of the State of 

Delaware, that the said GREAT FALLS TRIBUNE COMPANY is the printer and 

publisher of the GREAT FALLS TRIBUNE, a daily newspaper of general circulation of 

the County of Cascade, State of Montana, and that the deponent is the principal clerk 

of said GREAT FALLS TRIBINE COMPANY, printer of the GREAT FALLS TRIBUNE, 

and that the advertisement here to annexed ..... 

PUBLIC NOTICE- ARM 5019-166 

Has been correctly published ONE time in the regular and entire issue of said paper 

on the following dates 

JUNE 25TH 2009 

~o~~ STATE OF MONTANA ~ 

County of Cascade 

On this 26TH day of JUNE 2009, before me the undersigned, a Notary Public of 

the State of Montana, personally appeared Terri VanLieshout, known to me to be the 

person whose name is subscribed to the within instrument and acknowledged to me 

that she executed the same. 

In witness whereof, I have hereunto set my hand and affixed my Notarial Seal the day 

and year first above written. 

Vivian A Hunter _____ _ 

Print Name 

~~~/~.ra?e:rluoLzt Signature 

NOTARY PUBLIC for the State of Montana 

Residing in Cascade Countv 

My commission expires: : 11/12/09 

PUBLIC NOTICE 

ARM 5019-166 

1) On July 27, 2009 at 1 :30 P.m.. a public hearing will be held before 

the hearings examiner 

for the Boord of Environmental Review !Board) in Room 35 of the Metcalf 

Building, 1520 East 6th 

Ave., Helena, Montana, 

regarding the amend- ment of the Administrative Rules of Montana 

!ARM) 17.8.102, 17.8.302, 

17.8.767, 17.8.802. 17.8.822, 

17.8.902, and 17.8.1002, 

pertaining to a proPOsal to incorPOrate by refer- ence !IBR) current federal regulations and oth- er materials into Montana's air quality rules and 

the inclusion of those 

rules into the Montana 

State I mplementotior Plan (SIP). 2) Annually, the Depart- ment requests the Board 

update the administrative rules, by IBR federal statutes and regulations. I BR is accomplished by adopting the most cur- rent edition of the Code 

of Federal Regulations !CFRl. U.S. Code, and 

ARM in ARM 17.8.102!1). 3) In FebruarY 2008, the 

U.S. Circuit Court of Ap- peals vacated EPA's 

Clean Air Mercury Rule 

(CAMR) promulgated in 

40 C F R 60, Subpart HHHH. The Board proposes deleting 

now-unnecessary internal 

references to CAMR for 

consistency. 

4) The propased amend- ments to Montano's air 

quality rules would affect 

parties regulated bY the 

Deportment of Environmental Quality pursuant to ARM 17.8.102, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 

17.8.902, and 17.8.1002. 

5) The Board will be ac- cepting public comment regarding the incorpora- tion of the proposed amendments into ·the 

existing ARM and on the 

inclusion of the proposed amendments into the 

SIP. 

6) 

COPY 

_their_ 

7) The State of Montano 

makes reasonable ac- commodations for any known disability that 

may interfere with a per- son's ability to participate in state government proceedings. Persons 

needing accommodation must contact the Boord no later than 5 p.m., July 20, 2009 to advise the 

Board's secretory of the nature of the accommo- dation that you need. 

Please contact the Board 

Secretory at P.O. Box 

200901, Helena, Montana 

59620-0901; phone !406) 444-2544; fox (406) 

444-4386; or email '

1

ber@mt.gov". 

8) Interested parties 

may submit their data, 

views, or arguments con- cerning the proPOsed amendments either in 

writing, or orally at the 

hearing. Written data, 

views or arguments may also be submitted to Board's SecretorY, Board 

of Environmental Review, 1520 E. Sixth Ave- nue, P.O. Box 200901, 

Helena, Montano, 

59620-0901; faxed to (406) 444-4386; or submitted 

electronically via email 

addressed · to "ber@mt .gov", no later 

than 5 p.m. August 3, 

2009. To be guaranteed consideration, written comments must be past- marked on or before that 

date. 

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JUL 1 0 2009 

MT Dept. Enwonmentai Qua~lty 

Penmitting & Complrance Division 

Air Resource Management Burea~ 

PUBLIC NOTICE 

ARM 5019-168 

1) On July 27, 2009 at 1 :30 

p.m., a public hearing will be held 

before the hearings examiner for 

the Board of Environmental Review 

(Board) in Room 35 of the Metcalf 

Building, 1520 East 6th Ave., 

Helena, Montana, regarding the 

amendment of the Administrative 

Rules of Montana (ARM) 17.8.1 02, 

17.8.302, 17.8. 767, 17.8.802, 

17.8.822, 17.8.902, and 17.8.1 002, 

pertaining to a proposal to incorporate by reference (IBR) current federal regulations and other materials 

into Montana's air quality rules and 

the inclusion of those rules into the 

Montana State Implementation 

Plan (SIP). 

2) Annually, the Department 

requests the Board update the 

administrative rules, by IBR federal 

statutes and regulations. IBR is 

accomplished by adopting the most 

current edition of the Code of 

Federal Regulations (CFR), U.S. 

Code, and ARM in ARM 

17.8.102(1). 

3) In February 2008, the U.S. 

Circu~ Court of Appeals vacated 

EPA's Clean Air Mercury Rule 

(CAMR) promulgated in 40 CFR 

60, Subpart HHHH. The Board 

proposes deleting now-unnecessary internal references to CAMR 

for consistency. 

4) The proposed amendments 

to Montana's air quality rules would 

affect parties regulated by the 

Department of Environmental 

Qual~ pursuant to ARM 17.8.102, 

17.8.302, 17.8.767, 17.8.802, 

17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting 

public comment regarding the 

incorporation of the proposed 

amendments into the existing ARM 

and on the inclusion of the proposed amendments into the SIP. 

6) Interested parsons may view 

the proposed rules on the Secretary 

ol State's webs~e at http://www. 

mtrules.org/gateway/Mar_Home. 

asp?f1D=60 ·or may call the 

Department at 406-444-7916 to 

have a copy made available for their 

inspection. ' 

7) The State of Montana makes 

reasonable accommodations for 

any known disabil~ that may interfere wijh a person's ability to participate in state government proceedings. Persons needing accommodation must contact the Board 

no later than 5 p.m., July 20, 2009 

to advise the Board's secretary ol 

the nature of the accommodation 

that you need. Please contact the 

Board Secretary at P.O. Box 

200901, Helena, Montana 59620-

0901; phone (406) 444-2544; fax 

(406) 444-4386; or email 'ber@ 

mt.gov'. 

8) Interested parties may submit 

their data, views, or arguments 

concerning the proposed amendments either in wmlng, or orally at 

the hearing. Written data, views or 

arguments may also be submitted 

to Board's Secretary, Board of 

Environmental Review, 1520 E. 

Sixth Avenue, P.O. Box 200901, 

Helena, Montana, 59620-0901; 

faxed to (406) 444-4386; or submitled electronically via email 

addressed to 'ber@mt.gov", no 

later than 5 p.m. August 3, 2009. To 

be guaranteed consideration, written comments must be postmarked 

on or before that date. 

(Published June 25, 2009) 

Affidavit of Publication 

3 

STATE OF MONTANA 

County of Custer 

Mary Halvorson, being duly sworn on her oath, says that 

she has been the principal clerk of the printer of the 

MILES CITY STAR, a daily newspaper of general 

circulation, printed and published at Miles City, in said 

County and State. That The Public Notice ARM 5019-

168. A printed and true copy which, cut from the 

columns of said newspaper, is hereto attached, and made 

a part hereof, was printed and published in said 

newspaper, in the regular and entire issue of every 

number of the paper during the period, June 25, 2009. 

signed ~~a~.,. d4A:P4'l'.,v I /?1 

Subscribed and sworn to before me this 

dayof ~ 

,JA-tu4" ) o.L.;.JJ 

,2009 

Sharon Cline, Notary Public for the state of Montana, 

residing at Miles City. My Commission Expires October 

31,2009. 
* * * Proof of Publication* * * 

~lassified/Ravalli Republic 

Put us to work for you 

500 South Higgins Avenue 

Missoula, MT 59801 

Phone: (406} 721-6200 Toll Free: 1-800-332-6212 

Fax: (406} 523-5221 

Email: classified@ missoulian.com 

232 W Main St. 

Hamilton, MT 59840 

Phone: 406-363-3300 

ChftS Arvi&bNG FIRST DULY SWORN DEPOSES AND SAYS, THAT THE ABOVE NAMED iS A REPRESENTATIVE OF THE 

MISSOULIAPf;" THE PUBLISHERS OF THE MISSOULIAN OR RAVALLI REPUBLIC, A DAILY NEWSPAPER OF GENERAL CIRCULATION, 

PRINTED AND PUBLISHED IN THE CITY OF MISSOULA, COUNTY OF MISSOULA OR COUNTY OF RAVALLI, STATE OF MONTANA, 

AND THAT THE SUBJOINED A COPY OF WHICH AS PRINTED IS HERETO ATTACHED, WAS PRINTED AND PUBLISHED IN THE 

RffiULARMD~TIRE~~EOFS~D~~-·-~~~-·--~~~-~~~,~~~~~~sL·~~~~~~~~-~~~~~~~~-

AD NUMBER: 3941164 

. PUBLIC NOTICE 

· ARM 5019·169 ON JULY 27, 2009 AT 1:30 P.M., A PUBLIC HEARING WILL BE HELD BEFORE THE HEARINGS EXAMINER FOR THE BOARD OF EN- VIRONMENTAL REVIEW (BOARD) IN ROOM 35 OF THE METCALF BUILDING, 1520 EAST 6TH AVE., HELENA, MONTANA, REGARDING THE AMENDMENT OF THE ADMlNISTRATIVE RULES OF MONTANA (ARM) 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, AND 17.8.1002, PERTAINING TO A PROPOSAL TO INCORPORATE BY REFERENCE (IBR) CURRENT FEDERAL REGULATIONS AND OTHER MATERIALS INTO MONTANA'S AIR QUALITY RULES AND THE INCLUSION OF THOSE RULES INTO THE MONTANA STATE IMPLEMENTATION PLAN (SIP). 

2) ANNUALLY, THE DEPARTMENT REQUESTS THE BOARD UPDATE THE ADMINISTRATIVE RULES, BY IBR FEDERAL STATUTES AND REGULATIONS. IBR IS ACCOMPLISHED BY ADOPTING THE MOST CURRENT EDmON OF THE CODE OF FEDERAL REGULATIONS (CFR), U.S. CODE, AND ARM IN ARM 17.8.102(1). 

3) IN FEBRUARY 2008, THE U.S. CIRCUIT COURT OF APPEALS VACATED EPA'S CLEAN AIR MERCURY RULE (CAMR) PROMULGATED IN 40 CFR 60, SUBPART HHHH. THE BOARD PROPOSES DELETING NOW-UNNECESSARY INTERNAL REFERENCES TO CAlVlR FOR CONSISTENCY. 

4) THE PROPOSED AMENDMENTS TO MONTANA'S AIR QUALITY RULES WOULD AFFECT PARTIES REGULATED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY PURSUANT TO ARM 17.8.102, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, AND 17.8.1002. 5) THE BOARD WH..L BE ACCEPTING PUBLIC COMMENT REGARDING THE INCORPORATION OF THE PROPOSED AMENDMENTS INTO THE EXISTING ARM AND ON THE INCLUSION OF THE PROPOSED AMENDMENTS lNTO THE SIP. 6) INTERESTED PERSONS MAY VIEW THE PROPOSED RULES ON THE SECRETARY OF STATE'S WEBSITE AT HTIP·!IWWW MTRIJ!.ES ORG/ GATEWAY/MAR HQMEA$P"1IQF60 OR MAY CALL THE DEPARTMENT AT 406-444-7916 TO HAVE A COPY MADE AVAILABLE FOR THEIR INSPECTION. 7) THE STATE OF MONTANA MAKES REASONABLE ACCOMMODATIONS FOR ANY KNOWN DISABH..ITY THAT MAY INTERFERE WlTH A PERSON'S ABILITY TO PARTICIPATE IN STATE GOVERNMENT PROCEEDINGS. PERSONS NEEDING ACCOMMODATION MUST CONTACT THE BOARD NO LATER THAN 5 P.M., JULY 20, 2009 TO ADVISE THE BOARD'S SECRETARY OF THE NATURE OF THE ACCOMMODATION THAT YOU NEED. PLEASE COJI/TACT THE BOARD SECRETARY AT P.O. BOX 200901, 

HELENA, MONTANA 59620-0901; PHONE (406) 444-2544; FAX (406) 444-4386; OR EMAH.. "BER@MT.GOV". 8) INTERESTED PARTIES MAY SUBMIT THEIR DATA, VIEWS, OR ARGUMENTS CONCERNING THE PROPOSED AMENDMENTS EITHER IN WRITING, OR ORALLY AT THE HEARING. WRITTEN DATA, VIEWS OR ARGUMENTS MAY ALSO BE SUBMITTED TO BOARD'S SECRETARY, BOARD OF ENVIRONMENTAL REVIEW, 1520 E. SIXTH AVENUE, P.O. BOX 200901, HELENA, MONTANA, 59620-0901; FAXED TO (406) 444-4386; OR SUBMITTED ELECTRONICALLY VIA EMAIL ADDRESSED TO "BER@MT.GOV", NO LATER THAN 5 P.M. AUGUST 3, 2009. TO BE GUARANTEED CONSIDERATION, WRITTEN COMMENTS MUST BE POST- { 'RKED ON OR BEFORE THAT DATE. 

~ 1941164. JUNE 25, 2009. 

STATE OF MONTANA 

COUNTY OF MISSOULA OR COUNTY OF RAVALLI 

ON JUN 29, 2009, BEFORE ME, A NOTARY PUBLIC IN AND FOR 

sAID sTATE, PERsoNALLY APPEAREDChris Arv!~owN To 

ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO 

THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT 

SHE EXECUTED THE SAME. 

) 

NO LIC FOR THE STATE OF MONTANA 

RESIDING AT MISSOULA, MONTANA I "I rv'J.l 1\. 

MY COMMISSION EXPIRES: ( "_j_ · ~ CJ"". 

:!r~{~E.Jj~~-~ _,.._ / I~./ ' '~-- ~ 

·~.:;·.--::_.::-,. 

Page 1 
Ad Number: 3723467 

PUBLIC NOTICE 

ARM 5019-170 

1) On July 27, 2009 at1 :30 p.m., a public hearing will be held before the hearings examiner for the Board of Environmental Review (Board) in Room 35 of 

the Metcalf Building, 1520 East 6th 

Ave., Helena, Montana, regarding the 

amendment of the Administrative Rules 

of Montana (ARM) 17.8.102, 17.8.302, 

17.8.767, 17.8.802, 17.8.822, 17.8.902, 

and 17.8.1 002, pertaining to a proposal 

to incorporate by reference (IBR) current federal regulations and other materials into Montana's air quality rules and 

the inclusion of those rules into the 

Montana State Implementation Plan 

(SIP). 

2) Annually, the Department requests 

the Board update the administrative 

rules, by IBR federal statutes and regulations. IBR is accomplished bv adopting the most current edition of the Code 

of Federal Regulations (CFR), U.S. 

Code, and ARMin ARM 17.8.102(1). 

3) In February 2008, the U.S. Circuit 

ourt of Appeals vacated EPA's Clean 

ir Mercury Rule (CAMR) promulgated 

40 CFR 60, Subpart HHHH. The 

Board proposes deleting nowunnecessary internal references to 

CAMR for consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties regulated by the Department of Environmental Quality pursuant to ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 

17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public 

comment regarding the incorporation of 

the proposed amendments into the existing ARM and on the inclusion of the 

proposed amendments into the SIP. 

6) Interested persons may view the proposed rules on the Secretary of State's 

website at jTta~:::w{rtt!ewrg/ gatewav/Mas = or 

may call the Department at 

406-444-7916 to have a copy made 

available for their inspection. 

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

disability that may interfere with a person's aliinty to participate in state government proceedings. Persons needing 

accommodation must contact the 

Board no later than 5 p.m., July 20, 

2009 to advise the Board's secretary of 

the nature of the accommodation that 

you need. Please contact the Board 

Secretary at P.O. Box 200901, Helena, 

Montana 59620·0901; phone (406) 

444·2544; fax (406) 444-4386; or email 

"ber@mt.gov•. 

8) Interested parties may submit their 

data, views, or arguments concerning 

the proposed amendments either in 

writing, or orally at the hearing. Written 

data, views or arguments may also be 

submitted to Board's Secretary, Board 

of Environmental Review, 1520 E. Sixth 

Avenue, P.O. Box 200901, Helena, 

\.-

' 1ontana, 59620-0901; faxed to (406) 

44-4386; or submitted electronically 

ia email addressed to "ber@mt.gov, 

no later than 5 p.m. August 3, 2009. To 

be guaranteed consideration, written 

comments must be postmarked on or 

*****AFFIDAVIT OF PUBLICATION ***** 

The BILLINGS GAZETTE 

401 N. 28th 

Billings, MT 59101 

Phone: (406) 657-1212 Fax: (406) 657-1345 

T h 0Q}f ~eresa ~·-'· _ L' )_,,_ --c-----.,-..,.,.---,---c--,-----,----,-----o-=c--' being first duly sworn, deposes and says: That 

she is the principal clerk of The Billings Gazette, a newspaper of general circulation published daily in the City of Billings, in the County of Yellowstone, State 

of Montana, and has charge of the Advertisements thereof. 

That the: 5· fOI. ~'.>legal regarding: 

ARM 5019-170 

a true copy of which is hereto annexed, was published in said newspaper on 

the following c;later: via: 

u d- )/0~ 

Making all f publication(s) 

MCI(k)lelow if certificatation for the State of Montana. 

_,.;&,_I hereby certify that I have read sec. 18-7-204 and 18-7-205, MCA, and 

suosequent revisions, and declare that the price or rate charged the State of 

Montana for the publication for which claim is made in the attached papers 1n 

the amount of $ 55.00 is not in excess of the minimum rate charged any other 

advertiser for publication of advertisement, set in the same size type and published for the same number of insertions. I further certify that this claim is correct 

a~, and !hat paymeo~e · a oot bee<Hece;,ed. 

STATE 0 ONTANA 

County of Yellowstone 

On this day of Jun 25, 2009, before me, the undersigned, a Not~lfY Public for 

the State of Montana, personally appeared i= t2L..,.. ,J,.-r-G < , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed same. IN WITNESS 

WHEREOF, I have hereunto set my hand and affixed my notarial seal the day 

and y ar first above written. 

TammyHaar 

Page 1 
before that date. 

June 25, 2009 

*****AFFIDAVIT OF PUBLICATION***** 

The BILLINGS GAZETTE 

401 N. 28th 

Billings, MT 59101 

Phone: (406) 657-1212 Fax: (406) 657-1345 

Page2 
'F Montana Department of 

~ ENVIRONMENTALQUAUTY 

DATE: 

TO: 

FROM: 

RE: 

Brian Schweitzer, Governor 

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

June 25, 2009 

DEQ Air Quality Interested Parties List 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

Two public notices regarding changes to Administrative Rules of Montana 

PUBLIC NOTICE 

IBR 

1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the hearings 

examiner for the Board of Environmental Review (Board) in Room 35 of the Metcalf 

Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment of the 

Administrative Rules of Montana (ARM) 17.8.102, 17.8.302, 17.8.767, 17.8.802, 

17.8.822, 17.8.902, and 17.8.1002, pertaining to a proposal to incorporate by reference 

(IBR) current federal regulations and other materials into Montana's air quality rules and 

the inclusion of those rules into the Montana State Implementation Plan (SIP). 

2) Annually, the Department requests the Board update the administrative rules, by IBR 

federal statutes and regulations. IBR is accomplished by adopting the most current 

edition of the Code of Federal Regulations (CFR), U.S. Code, and ARM in ARM 

17.8.102(1). 

3) In February 2008, the U.S. Circuit Court of Appeals vacated EPA's Clean Air 

Mercury Rule (CAMR) promulgated in 40 CFR 60, Subpart HHHH. The Board proposes 

deleting now-unnecessary internal references to CAMR for consistency. 

4) The proposed amendments to Montana's air quality rules would affect parties 

regulated by the Department of Environmental Quality pursuant to ARM 17 .8.1 02, 

17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. 

5) The Board will be accepting public comment regarding the incorporation of the 

proposed amendments into the existing ARM and on the inclusion of the proposed 

amendments into the SIP. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
6) Interested persons may view the proposed rules on the Secretary of State's website 

at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or DEQ's website at: 

http://deq.mt.gov/dirllegal/hearing.asp or may call the Department at 406-444-7916 

to have a copy made available for their inspection. 

7) 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 the Board no later than 5 p.m., July 20, 

2009 to advise the Board's secretary of the nature of the accommodation that you need. 

Please contact the Board Secretary at P.O. Box 200901, Helena, Montana 59620-0901; 

phone (406) 444-2544; fax (406) 444-4386; or email "ber@mt.gov". 

8) Interested parties may submit their data, views, or arguments concerning the 

proposed amendments either in writing, or orally at the hearing. Written data, views or 

arguments may also be submitted to Board's Secretary, Board of Environmental 

Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana, 59620-0901; faxed 

to (406) 444-4386; or submitted electronically via email addressed to "ber@mt.gov", no 

later than 5 p.m. August 3, 2009. To be guaranteed consideration, written comments 

must be postmarked on or before that date. 

PUBLIC NOTICE 

AQ FEES 

1) On July 27, 2009 at 1:45 p.m., a public hearing will be held before the hearings 

officer for the Board of Environmental Review, in Room 35 of the Metcalf Building, 1520 

East 6th Ave., Helena, Montana, to consider the amendment of ARM 17.8.501, 

17.8.504, 17.8.505, and 17.8.514, pertaining to air quality permit application fees, 

annual air quality operation fees, and open burning permit fees. 

2) The proposed rule changes would amend the air quality air quality permit application 

fees, annual air quality operation fees, and open burning permit fees. The proposed 

amendments to the annual air quality operation fees would affect all owners or 

operators of stationary facilities in existence as of March 1, 2009 that either hold an air 

quality permit or that will be required to obtain an air quality permit. The proposed 

changes would affect current fee assessments for portable sources and registered oil 

and gas well facilities and persons conducting major open burning. The proposed 

amendments to the application fee are also projected to affect an estimated 23 permit 

applicants. 

3) The Board will be accepting public comment regarding the incorporation of the 

proposed amendments into the existing Montana administrative rules. 

4) Interested parties may review the notice of proposed amendments on the Internet at 

< http://www.mtrules.org/gateway/Mar Home.asp?IID=60. or 

http://deq.mt.gov/dir/legal/hearing.asp >or may call the Board's Secretary at (406) 444-

4386 to obtain a copy. 
BRUCE CLARK DALE COCKRELL 

STEPHEN BLANKENSHIP FORD GENESIS INC CHRISTENSEN MOORE 

925 L ST STE 390 POBOX 1660 COCKRELL 

SACRAMENTO CA 95814 TROY MT 59935 POBOX7370 

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REG MANAGER QWEST EH & S ASARCO TROY UNIT HAYSLODGEPOLESCHOOLS 

1855 S FLATIRON COURT POBOX 1660 BOX 110 

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ALAN FRONBERG PEGGY FRUIT RONALD GEHRKE 

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BELT MT 59412 POBOX7010 POBOX 1026 

SHERIDAN WY 82801 WHITEHALL MT 59759 

DICK JUNTUNEN BOB KELLY JERRY D. KNUTSON 

RESOURCE MGMT ASSOCIATES INTERTEC WEST TECH SUPPLY & 

259 MCCLELLAN CREEK RD 619 S W HIGGINS STE S SERVICES 

CLANCY MT 59634 MISSOULA MT 59803 POBOX80711 

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STEVE PILCHER JIM RAMAKER FRED STEELE 

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HELENA MT 59624-1715 CHOTEAU MT 59422 BOX880 

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HC42BOX595 BLACKFEET TRIBAL PACK & COMPANY CONST 

BUSBY MT 59016 POBOX2029 POBOX8150 

BROWNING MT 59417 KALISPELL MT 59904-1150 
~ EmaiiAddr_ Full Name_ 

2horses@nemontel. net Debbie Madison 

5friendlyfish@bresnan. net Jack & Pamela Emard 

aday@trinityconsultants.com Aaron Day 

ahedges@meic.org Anne Hedges 

alexanderrr@cdm.com Bob Alexander 

allen@allen-associatesmt.com Don Allen 

andrea.perez@hexion.com Andrea 

asl@attglobal.net Alan S. Lafohn 

aussie _northcott@hotmail. com robert 

azzie_301 @hotmail.com k 

barmiger@cavtel.net William Armiger 

bcourtney@fiberpipe. net Bill Courtney 

bdhohn@hohneng.com Brian Hohn 

bdundas@truecos.com Bob Dundas 

beamman6056@msn.com Anderson 

Ben.Schott@noaa.gov Ben Schott 

berrysoup@yahoo.com bonita 

bhabeck@mt.gov Bob Habeck 

bholland@crowleylaw.com B. Holland 

bjohnson@summite.com Bruce Johnson 

bml@stateside.com Becky Lukaesko 

bmontgomery@montana-wcc. com Bob Montgomery 

boschleicher@mt. gov Bob Schleicher 

bovard.tiberi@gmail.com Bovard Tiberi 

'-- brian.mchugh@tetratech.com Brian McHugh 

brian .zieske@malmstrom. a f. mil Brian Zieske 

brogers@newfield.com Brad Rogers 

bsoamj@3rivers.net Mary Jane McGarity 

BSquires@nicnd.com Bruce Squires 

Bstevenson@rosipower. com Bruce Stevenson YELP 

bsublasky@emsl.com ben 

bullorj@bp.com Robin Bullock 

burns.betsy@epa.gov Betsy Burns 

bvaughn@montana.com Barbara Vaughn 

c2nites2000@yahoo.com Kermit Snow 

calvin.e.kidney@wellsfargo.com Calvin Kidney 

carlsonj@ho. missoula. mt. us Jim Carlson 

carolsrainbow@aol. com CAROL KINNEY 

cartoonsmart@mac.com Buddy Rogers 

cash 1230@esaphaseone. com John Meyers 

cathy.atkins@rma.army.mil Cathy Atkins 

cathyl@bkbh.com Cathy Laughner 

cbreitling@encoreacq.com Chris Breitling 

chasday@bridgeband. com Charles Day 

chenine.wozniak@ch2m.com Chenine Wozniak 

chuck. buus@riotinto. com Charles D. Buus 

cindy_buschman@mccormick.com Cindy Buschman 

cindymed@hotmail.com Cindy 

claseur@plainsjustice.org Carrie La Seur 

~ cmhd@midrivers.com Mike Rinaldi 

colburnm@ho.missoula.mt.us Mamie Colburn 
~ coolnickjr@hotmail.com randy Iahey 

cpowell@buysandassociates.com Chad Powell 

craig_ nicholls@blm. gov Craig L. Nicholls 

crose@3rivers. net Corrine Rose 

crwindmueller@wtrconsulting.com C. Ray Windmueller 

dan.corti@mso.umt.edu Dan Corti 

danfred777 @gmail.com dan 

daveduttonfraser@yahoo.com dave 

david_long@eogresources.com David Long 

dblank@ncpa.org Danielle Blank 

dbusby@montanarefining.com Dexter Busby 

dhrubes@midrivers.com David Hrubes 

diannalin@msn.com Dianna Lintner 

djncjn@interbel.net Dave Newburn 

djohnsonhorne@barrick.com Deborah Johnson-Horne 

dmyran@montana-wcc.com Darrel Myran 

Dolan.Kathy@Epamail.epa.gov Kathy Dolan 

don.potts@cfc.umt.edu Dr. Don Potts 

donald. may@tetratech. com Don May 

dpaulsen@ala-nr.org Dick Paulsen 

dpavuk@crowleylaw.com D. Pavuk 

dpowers@bsb.mt.gov Dan Powers 

dpowers@summite.com Dan Powers 

dquander@hollandhart.com Don Quander 

dshonerd@multistate.com David Shonerd 

'-- dsimonson@mt.gov Dave Simonson 

dsimpson@montana-wcc.com Dave Simpson 

dsorensen@bozeman. net Dewey Sorensen 

dtooke@sustainableinc. com David Tooke 

dugiejm@hotmail.com Jeff 

dwalsh@mt.gov Dan Walsh 

dwolfe@mt.gov Deb Wolfe 

ed@mt.net Ed Santos 

eerp@mt.gov Elton Erp 

eisele.adam@epa.gov Adam Eisele 

elbrunner@gmail.com Erica Brunner 

emilieboyles@yahoo.com emilie boyles 

esa@platts.com Esa 

fcrowley@doneylaw.com Frank Crowley 

frank@shumaker.psemail.com frank 

gabe.johnson@riotinto.com Gage Johnson 

gaila_consulting@msn.com Gail Abercrombie 

gcm@sierraresearch. com Gabe McAuliffe 

geraldschlosser@benefis.org Gerald Schlosser 

ggraham@montanarefining.com George Graham 

gjackson@emittechnologies. com Gary Jackson 

gmcgann@co.carbon.mt.us Gregory McGann 

govtfeed@enstreet. com rohan 

Greg. brown@chsinc. com Greg Brown 

greg.hildebrand@ttemi.com Greg Hildebrand 

grenzconnie@hotmail.com Connie Grenz 

~ grey_nicolls@hotmail.com robert 
'-.. grizzly@the-grizz.com Fay 

hestmark. martin@epa. gov Martin Hestmark 

hhsgreengroup@gmail.com HHS Green Group 

hpeterson@mtech.edu Holly Peterson 

hrobbins@bison-eng.com Hal Robbins 

info@kakuk.com Michael Kakuk 

info@lion.com Lion Technologies 

info@northernplains.org Northern Plains Resource Council 

Jackie.Fiikkema@Kniferiver.com Jackie Flikkema 

jackross@nemontel. net Jack Ross 

jade.stokke@riotinto.com Jade Stokke 

Jagadeesan.Sethuraman@whiting.cor Jagadeesan Sethuraman 

jake.weirich@edaw.com Jake Weiriich 

jakenny@mt.gov Jake Kenny 

javid@mod2.com Javid Nia 

jcarlin@mt. gov Jim Carlin 

jchaffee@bison-eng. com Jeff Chaffee 

jcoefield@mt.gov John Coefield 

jeannehallesy@yahoo.com Jeanne 

jeff@ajaxcomputernetworking.com Jeff 

Jenna_k_02@hotmail.com Jenna Loring 

jennifer. pin@riverstonehealth. org Jennifer Pinnow 

jennifergoldman@ogap.org Jennifer Goldman 

jenomara@mt.gov Jenny O'Mara 

jfbriggs@smurfit.com Jeff Briggs 

L jfladland@co.lewis-clark. mt. us Jason Fladland 

jford2@mt. gov McCloud (Joe) Ford 

jgarcia@waltonlantaff.com Carlos 

jhepke@lclark.edu Johannes Epke 

jhughes@mt.gov Jim Hughes 

Jiakun.Zhang@stjude.org Jiakun Zhang 

jmariepatrick@3rivers. net June Patrick 

jmparker@pplweb.com Jim Parker 

joe.w.lierow@exxonmobil.com Joe Lierow 

Joe@shumaker.psemail.com Joe Aline 

JOELKelm@msn.com Joel Kelm 

John.Jones@larltd.com John Jones 

John@Senator John.net John Brueggman 

jrussell@flathead. mt. gov Joe Russell 

jsesso@bsb. mt.gov John Sesso 

jsites@crowleylaw.com J. Sites 

jugorowski@mt. gov Joe Ugorowski 

kdavid@flathead. mt.gov Kelly David 

kenre@comcast. net Kenneth Reeves 

Kfetherston@bna. com Kevin Fetherston 

kgessaman@mt. gov Kathy Gessaman 

khooper@libby. org Kathy Hooper 

kirsty_gilmour@hotmail.com Kirsty Gilmour 

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

krobertson@mjbradley.com KRobertson 

'--' ksolberg@anacondadeerlodge.mt.gov Karen Solberg 

kwalsh@enviroconsult.com Kevin Walsh 
\..., kwebb@m-m. net Kristi Webb 

larry@montanasulphur.com Larry Zink 

lbauer@pcmh.org Leonard Bauer 

lclark@fs. fed. us Lori Clark 

lee@prrlaw.com Lee Bruner 

lepodal@yahoo.com Debbie Lepo 

library@crowleylaw.com Crowley Law 

ljordan@ravallicounty.mt.gov Lea Jordan 

llaknar@co. beaverhead. mt. us Larry Laknar 

lmoody@all-llc.com Lee Moody 

lstuder@stmaryland. com luke 

lzanto@mt.gov Lynn Zanto 

macka_maka@hotmail.com robert 

margaret@bison-eng.com Margaret Hofacker 

margaret@montanasulphur.com Margaret 

mark.lin@gmail.com Mark 

mark@aspence.net Mark C. Peterson 

mbarton@co.missoula.mt.us Michael Barton 

mbasta@greatfallsmt. net Martin Basta 

mbrydges@mmm.edu michael 

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mclaundr@midrivers.com Alan Glueckert 

mcsani@3rivers.net Ralph Hamler 

mhillman@trinityconsultants.com Melissa Hillman 

Mike_Philbin@mt.blm.gov Mike Philbin 

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philip.chambers@usmc. mil Phil Chambers 

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rbhansen@iastate. ed u Ben Hansen 

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rdaniel@ravallicounty.mt.gov Rod Daniel 

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rebecca@bison-eng. com Rebecca 

redtail47@gmail.com Jo Ellis 

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

rfink@co.carbon. mt. us Rodney Fink 

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rjeffrey@mt.gov Robert Jeffrey 

roark@imt. net Carol Lee-Roark 

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rr@hayfam.com C. E. Robertson 

rsouthwick@gr-northern.com Rich Southwick 

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russb@ycchd. org Russ Boschee 

ruthjensen@transcanada.com Ruth Jensen 

RWeimer@stillwatermining.com Randy Weimer 

'-- sabrina _rojas@hotmail. com Sabrina 

sabskb@gmail.com Scott and Sheree Bombard 

sanitarian@co.fergus.mt.us Dean Pomeroy 

sbombard@natlforests.org Sheree Bombard 

schmidtb@ho. missoula. mt. us Ben Schmidt 

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

sherry.bursey@anadarko.com Sherry 

sjohnson@co.cascade. mt. us Sandy Johnson 

smason@hydrometrics.com Scott Mason 

smullins@industrialinfo.com Shane Mullins 

snowakowski@mt. gov Sonja Nowakowski 

solsen@mt.gov Sandi Olsen 

ssternberg@mt. gov Stan Sternberg 

Stacy.aguirre@wbip.com Stacy Aguirre 

steph.nelson@gallatin.mt.gov Stephanie Nelson 

stevew@bkbh.com Steve Wade 

susanalise@cox. net Susan 

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swright@cfaluminum .com Steve Wright 

szehntner@mt.gov Steve Zehntner 

tad d. berger@erm. com Tadd Berger 

tander@wyo.gov Tina Anderson 

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teverts@mt.gov Todd Everts 

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thomas. pick@mt. usda.gov Tom Pick 
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9:00a.m. Room 111, Metcalf 15:00 p.m. Notice of Public Hearing on Proposed 

Julv 24, Building, 1520 East Julv 31, 2009 Amendment and Adoption (I;.Jater Quality, 

2009 SiHth AOJenue, S •J b d i •J is ion sl 0 n- site Subsurface 

Helena, Montana Wastewater Treatmen!;, Public Water and 

Sewage Systems Reguirements, CECRA 

Remediation - Deeartment Circular DEQ-4 

and Gra~· Water Reuse - MAR Notice No. 

1 7-288) 

1:45 p.m. Room 35, Metcalf I 5:00p.m. Notice of Public Hearing on Proposed 

Julv 27, Building, 1520 East August 3, Amendment (Air Quality - Definitions, 

2009 SiHth AOJenue, 2009 Permit Aeelication Fees, Oeeration Fees, 

Helena, Montana Oeen Burroing Fees - MAR Notice No. 17-

286) 

1:30 p.m. Room 35, Metcalf 5:00p.m. Notice of Public Hearing on Proposed 

Julv 27, Building, 1520 East August 3, Amendment (Air Quality - Incor12oration b~· 

2009 SiHth AOJenue, 2009 Reference of Current Federal Regulations 

Helena, Montana and Other Materials into Air Quality Rules -

MAR Notice No. 17-285) 

10:30 a.m. Room 111, Metcalf 5:00p.m. Notice of Public Hearing on Proposed 

April3, Building, 1520 East April 17, Amendment, Adoption and Repeal (Solid 

2009 SiHth AOJenue, 2009 Waste - Licensing and Oeeration of Solid 

Helena, Montana Waste Landfill Facilities - MAR Notice No. 

1 7-284) 

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HEARING TESTIMONY 

July 27, 2009 

IBR 

Good morning, for the record my name is Debra Wolfe and I am a planner with 

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

department regarding action on the proposed incorporation by reference 

rulemaking. 

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

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

implementing the most current federal regulatory provisions. · The Department is 

supporting the Board's proposal to amend ARM 17.8.102(1) to adopt revisions to 

federal regulations published in the July 1, 2008, edition of the Code of Federal 

Regulations and revisions to state administrative rules published in the December 

31, 2008 edition of the ARM. 

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

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

regulations, including New Source Performance Standards and National Emission 

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

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

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

ensure the timely implementation of emission standards that have been 

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

control. 

The Department recommends that the Board adopt the amendment as described 

in the proposed MAR notice published June 25, 2009 and supports the 

submission of these amendments to EPA for inclusion into the State 

Implementation Plan. 

G:\ARMB\AMAP\Rule Development\DJW\2009IBR\Pre-lnitiationDocs\DebHearingTestim.doc 
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,_, 

Air Quality Hearings 7/27/2009 

I 

( ,) I! !(-_ '--;. 

; / VI/!Vo i-
Brian Schweitzer, Governor 

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

OFFICE MEMORANDUM 

TO: Board of Environmental Review 

FROM: David M. Rusoff, DEQ Staff Attorney 'J /"''{.~ 

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

Incorporation by Reference (IBR) rulemaking 

DATE: 

ARM Notice No. 17-285 

July 27, 2009 

HB 521 REVIEW 

(Comparing Stringency of State and Local Rules 

to Any Comparable Federal Regulations or Guidelines) 

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

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

the Board of Environmental Review to make certain written findings 

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

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

than a comparable federal regulation or guideline. 

In this proceeding, the Board is proposing to: 

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

versions of the federal regulations and more recent versions 

of the rules of other Department programs and other Montana 

state agencies that are incorporated by reference; 

Amend ARM 17 . 8 . 3 0 2 , 17 . 8 . 7 6 7, 17 . 8 . 8 0 2 , 17 . 8 . 9 0 2 , and 

17.8.1002 by deleting references to the U.S. Environmental 

Protection Agency's Clean Air Mercury Rule (CAMR), which was 

vacated by the D.C. Circuit Court of Appeals; 

Amend ARM 17.8.102(2) and (3) by clarifying that the 

exclusions from incorporation by reference listed in those 

subsections apply to the entire chapter of air quality rules; 

and 

1 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
Amend ARM 17.8. 802 (1) (c) and 17.8. 822 (9) by deleting 

incorporation by reference of particular federal air quality 

monitoring requirements found in a former appendix that no 

longer exists. 

None of the proposed amendments would make the state rules more 

stringent than comparable federal regulations or guidelines. 

Rather, the proposed amendments would make the Board's air quality 

rules more consistent with federal air quality regulations and 

guidelines. 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 the Montana Attorney General to 

develop guidelines, including a checklist, to assist agencies in 

determining whether an agency action has taking or damaging 

implications. 

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; 

2 
* 

* 

* 

* 

deny a fundamental attribute of private property 

ownership; 

require a private property owner to dedicate a portion of 

property or grant an easement; 

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

damage private property by causing a physical disturbance 

with respect to the property in excess of that sustained 

by the public generally. 

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

the proposed rulemaking does not have taking or damaging 

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

Enc. 

DMR 

3 
Name of Project: Proposed Amendment of Air Quality Incorporation by Reference Rules 

MAR Notice No. 17-28S 

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 2foperty? 

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 5b and continue with question 

6.] 

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

legitimate state interests? 

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

use of the property? 

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

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

action.) 

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

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

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

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

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

waterlogged., or flooded? 

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

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

from the property in question? 

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

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

2, 3, 4, 6, 7a, 7b, or 7c; or if NO is checked in response toq_uestion Sa or Sb. 

tt'~) /Q q e r I 
NO WRITTEN PUBLIC TESTIMONY WAS RECEIVED 
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the Matter of the Amendment 

of ARM 17.8.501, 17.8.504, 

17.8.505 and 17.8.514pertaining 

to definitions permit application 

fees, operation fees and open burning fees 

) 

) 

) 

) 

) 

PRESIDING OFFICER REPORT 

INTRODUCTION 

1. On July 27,2009, at 1:45 p.m., the undersigned Presiding Officer 

presided over and conducted the public hearing held in Room 3 5 of the Metcalf 

Building, 1520 East Sixth Avenue, Helena, Montana, to take public comment on 

the above-captioned proposed amendments. The amendments follow the 

directives set forth in the Clean Air Act of Montana to adopt a schedule of fees for 

permits, permit applications, and registrations. 

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

Register (MAR), Notice No. 17-286, published on June 25, 2009, in Issue No. 12 

at pages 958 through 963. 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 hearing began at 1:45 p.m. Lesofski Reporting Service recorded 

the hearing. 

4. There were no members of the public at the hearing. At the hearing, 

the Presiding Officer identified and summarized the MAR notice and read the 

Notice ofFunction 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 and gave a brief oral summary of the amendments at 

the hearing. (The written statement is attached.) 

6. No other written comments were submitted. 

7. A written memorandum was submitted from Department staff 

attorney, David Rusoffwith HB 521 and HB 311 reviews of the proposed 

amendments and a Private Property Assessment Act Checklist. (Mr. Rusoffs 

memorandum is attached to this report.) 

8. The HB 521 analysis is not required concerning the amendments 

because they relate solely to air quality permit application fee rules, air quality 

operation fee rules, and air quality major open burning permit application fee 

rules. The "applicability" section ofHB 521 stated that [this act] does not apply to 

the establishment of fees or public participation requirements. 

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

Code Ann. §§ 2-10-101 through 105), the Board of Environmental Review 

("Board") 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 August 3, 2009. 

PRESIDING OFFICER COMMENTS 

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

Mont. Code Ann. §§ 75-2-111, 75-2-220, and 75-2-234. 

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

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

13. The procedures required by the Montana Administrative Procedure 

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

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

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

notice. 

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

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

the Board published the notice of proposed rulemaking in the Montana 

Administrative Register, or by December 25, 2009. 

Dated this ___ day of September, 2009. 

KATHERINE J. ORR 

Presiding Officer 
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF 

THESTATEOFMONTANA 

In the matter of the amendment of 

ARM 17.8.102, 17.8.302, 17.8.767, 

17.8.82, 17.8.822, 17.8.902 and 

17 .8.1 002 pertaining to incorporation 

by reference of current federal 

regulations and other materials into 

air quality rules 

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT 

TRANSCRIPT OF PROCEEDINGS 

Heard at the Metcalf Building 

1520 West Sixth Avenue 

Helena, Montana 

July 27, 2009 

1:30PM 

SUSAN JOHNSON, RPR 

Lesofski Court Reporting, Inc. 

7 West 6'h Avenue, Suite 519 

Helena, Montana 59601 

(406)443-2010 
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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, 17.8.302, 17.8.767, 

17.8.82, 17.8.822, 17.8.902 and 

17.8.1002 pertaining to incorporation 

by reference of current federal 

regulations and other materials into 

air quality rules 

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT 

TRANSCRIPT OF PROCEEDINGS 

On the 27th day of July, 2009, beginning 

at 1:30 PM, the above-referenced matter was 

heard at the Metcalf Building, 1520 East Sixth 

Avenue, Helena, Montana, before Katherine Orr, 

Hearing Examiner, and Susan Johnson, Registered 

Professional Reporter, Notary Public. 

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

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The following testimony was taken: 

* * * * * * * * 

MS. ORR: Good afternoon, everybody. My name 

is Katherine Orr, for the record. 

by the board to hold this hearing. 

And I've been asked 

This is the matter 

of the amendment of ARM of 17.8.102, 17.8.302, 17.8.767, 

17.8.802, 17.8.822, 17.8.902, 17.8.1002 pertaining to 

incorporation by reference of current federal 

regulations and other materials in the air quality 

rules. 

This notice was put in the administrative 

register in MAR Notice No. 17-285 and was published on 

June 25th, 2009. I apologize in advance, but the 

Administrative Rule Committee of the Legislature 

15 requires me to read a Notice that~s under Section 

16 2040302(7), and actually that section requires me to 

17 read the Notice of Function of the Administrative Rule 

18 Review Committee, which is a little more lengthy than 

19 even last year's, but I will plow through it. 

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Notice of Function of Administrative Rule 

Review Committee: Interim committees and the 

Environmental Quality Council administrative rule 

is a function of interim committees and the 

Environmental Quality Council, EQC. These interim 

review 

committees and the EQC have administrative rule review, 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
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program evaluation and monitoring functions for the 

following executive branch agencies and the entities 

attached to agencies for administrative purposes. The 

economic affairs interim committee, which consists of 

the Department of Agriculture, the Department of 

Commerce, the Department of Labor and Industry, the 

Department of Livestock, the Office of the State Auditor 

and Insurance Commissioner and the Office of Economic 

Development, the Education and Location Government 

interim committee, which oversees the State Board of 

Education, the Board of Public Education, the Board of 

Regents of Higher Education and the Office of Public 

Instruction. The Children, Families, Health and Human 

Services interim committee, which oversees the 

Department of Public Health and Human Services, the Law 

and Justice interim committee, which oversees the 

Department of Corrections and the Department of Justice. 

Energy and Telecommunications interim committee, and 

within that is the Department of Public Service 

Regulation. The Revenue and Transportation interim 

committee, over which there is the Department of Revenue 

and Department of Transportation. The State 

Administration and Veterans Affairs interim committee, 

which oversees the Department of Administration, 

Department of Military Affairs and Office of Secretary 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
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1 of State, and the Environmental Quality Council with the 

2 Department of Environmental Quality, the Department of 

3 Fish, Wildlife and Parks and the Department of Natural 

4 Resources and Conservation. 

5 These interim committees and the EQC have the 

6 authority to make recommendations to an agency regarding 

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

8 request that the agency prepare a statement of the 

9 estimated economic impact of a proposal. They also may 

10 poll the members of the Legislature to determine if a 

11 proposed rule is consistent with the intent of the 

12 Legislature or, during a legislative session, introduce 

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

14 or amend a rule or a joint resolution recommending that 

15 an agency adopt, amend or repeal a rule. 

16 The interim committees and the EQC welcome 

17 comments and invite members of the public to appear 

18 before them or to send written statements in order to 

19 bring to their attention any difficulties with the 

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

21 Box 201706, Helena, Montana 59620-1706. 

22 As required by ARM 1.3.311 of the Secretary 

23 of State's model rules, which have been adopted by the 

24 board and department, I am required to summarize the 

25 major provisions of the hearing notice. This hearing 

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notice, and I am reading from the reasons in the hearing 

notice, is intended to amend the air quality rules to 

adopt the current editions of federal regulations and 

state rules that are incorporated by reference. 

The board is proposing to amend ARM 17.8.1021 

to adopt revisions to federal regulations published in 

the July 1st, 2008 edition of the Code of Federal 

Regulations and Revisions to State Rules published in 

the December 31st, 2008 edition of the Administrative 

Rules of Montana. The board is proposing to delete 

references to 40 CFR Part 60, subpart HHHH, EPA's Clean 

Air Mercury Rule, or CAMR, which was vacated by the DC 

Circuit Court of Appeals on February 8th, 2008. 

Effective April 17th, 2009, the Board excluded CAMR from 

incorporation by reference of 40 CFR Part 60 in ARM 

17.8.102. References to CAMR being effective from 

incorporation by reference of 40 CFR Part 60 remain in 

certain individual subchapters of the Air Quality Rules 

including ARM 17.8.302, 17.8.767, 17.802 and 17.8.902 

and 17.8.1002. The board is proposing to delete those 

references because they are no longer necessary. 

The board also proposes amendments to ARM 

17.8.102, 1, 2 and 3 to clarify that these provisions 

apply to the entire chapter, and the board proposes to 

delete ARM 17.8.802(1) (c) and 17.8.822(9), which require 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
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1 compliance with ambient monitoring requirements of 40CFR 

2 Part 58, Appendix B because that appendix no longer 

3 exists. 

4 Interested persons may submit their data, 

5 views or arguments either orally or in writing at this 

6 hearing. The notice also indicates that individuals may 

7 submit written data, views or arguments to the 

8 Department of Environmental Quality and Board of 

9 Environmental Review no later than 5:00 on August 3rd, 

10 2009. To be guaranteed consideration, mailed comments 

11 must be postmarked on or before that date. 

12 And the order of presentation today will be 

13 as follows: I will ask the department to provide a 

14 statement. And then if there are other individuals who 

15 support these rules, I will ask them to come forward. 

16 And then if there are any individuals who oppose these 

17 rules, I will ask them to come forward, and then I'll 

18 ask if anyone from the public wishes to comment. And we 

19 have our representative from the department. Please go 

20 ahead. 

21 MS. WOLFE: Thank you. For the record, my 

22 name is Debra Wolfe, and I'm a planner with the Air 

23 Resources Management Bureau. And I'm here today to 

24 represent the department regarding action on the 

25 proposed incorporation by reference rulemaking. 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
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1 As a state with authority and delegation for 

2 the administration of various federal air quality 

3 programs, Montana maintains primacy in part by adopting 

4 and implementing the most current federal regulatory 

5 provisions. The department is supporting the board's 

6 proposal to amend ARM 17.8.102(l)to adopt revisions to 

7 federal regulations published in the July 1st, 2008 

8 edition of the Code of Federal Regulations and revisions 

9 to state administrative rules published in the December 

10 31, 2008 edition of the Administrative Rules of Montana. 

11 The department believes the integrity of air 

12 

13 

quality program in Montana is maintained in part when 

the board adopts and incorporates by reference federal 

14 relations, including New Source Performance Standards 

15 and National Emission Standards for Hazardous Air 

16 Pollutants. This action will ensure that Montana's air 

17 quality rules are at least as stringent as federal air 

18 quality regulations, maintain primacy and federal 

19 delegation of Montana's air quality program, and insure 

20 the timely implementation of emission standards that 

21 have been developed on the federal level pursuant to a 

22 federal program of emissions control. 

23 The department recommends that the board 

24 

25 

adopt the amendment as described in the proposed in the 

MAR notice published January 15, 2009 and supports the 

LESOFSKI COURT REPORTING, INC., 406-443-2010 
8 

1 submission of these amendments to EPA for inclusion into 

2 the State Implementation Plan. 

3 I'm sorry, may I correct my statement. The 

4 MAR notice was not published January 15th, 2009. The 

5 MAR notice was published June 25th, 2009. 

6 Thank you. 

7 MS. ORR: Is there anyone else who wishes to 

8 come forward and make a statement in support of these 

9 rules? Anyone who wishes to come forward and make a 

10 statement in opposition to these rules? There being 

11 none, I'm going to go ahead and close the hearing. 

12 Thank you all. 

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

14 1: 50 PM. ) 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

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

2 STATE OF MONTANA 

3 COUNTY OF LEWIS AND CLARK 

4 

5 I, Susan Johnson, Registered Professional Reporter 

6 and Notary Public, do hereby certify: 

7 That the foregoing matter was taken before me at 

8 the time and place herein named; and that the proceedings 

9 were reported and transcribed by me with a computer-aided 

10 transcription system, and that the foregoing pages contain a 

11 true record of the proceedings to the best of my ability. 

12 

13 IN WITNESS WHEREOF, I have hereunto set my hand and 

14 affixed my notarial seal this 

15 2009. 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

\ 

\ 

\ 

('~({;- \Lt Ll I -= 

SUSAN JOHNSON, RPR 

··.~:()11".:..' 3 

·.~:~;: 5/'(.l)·t 'I 
Montana 

Board of Environmental Review 

P. 0. Box 20090 I • Helena. MT 59620-090 I • (406) 444-2544 • Website: \'.~'W.deq.state.mt.us 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, OCTOBER 2, 2009 

STATE CAPITOL BUILDING, ROOM 152 

1301 EAST SIXTH A VENUE, HELENA, MONTANA 

************************Please Note*********************** 

Board members will participate via teleconference. 

Board attorney and DEQ staff will be present at above location (note change) 

Members of the public are welcome to participate at the above location. 

If a teleconference line is needed, the Board Secretary must be notified by 1:00 p.m. Thursday, October 1. 

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

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) 444-670 I. 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

I. July 24, 2009, Board meeting. ATTACHMENT 

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. 

An EISon the mine closure plan is on hold until collection of water quality data is completed. Once 

the data has been collected, the EIS will be completed and the case may become moot. The case is 

stayed pending completion of the EIS. The parties anticipate completion of the EIS in 2009. 

b. In the matter of Violations of the Water Quality Act by ASARCO, Inc., BER 2005-09 WQ. 

A Stay of Proceedings was issued by the Hearing Examiner on January 19, 2006, upon 

notification by the Department of the bankruptcy proceeding. 

c. In the matter of the appeal and request for hearing by Montana Environmental Information 

Center, Citizens for Clean Energy, Sierra Club, and National Parks Conservation 

Association of the Southern Montana Electric Generation and Transmission Cooperative 

(SME) Highwood Generating Station Air Quality Permit No. 3423-01, BER 2008-23 AQ. 

(The Board has retained jurisdiction on this case to hear contested case matters.) On August 19, 

2009, the Board received Respondent-Intervenor Southern Montana Electric's Motion to Dismiss 

Appeal with Prejudice and Memorandum in Support. On September 2, 2009, the Board received 

Appellant's Response to SME's Motion to Dismiss with Prejudice. No reply briefhas been filed. 

d. In the matter of violations of the Metal Mine Reclamation Act by Saturday Sunday, LLC. 

Deer Lodge County, BER 2009-02 MM. The Department of Environmental Quality filed a 

Motion for Summary Judgment on May 26, 2009. The Appellant filed an Opposition to the 

Department's Motion for Summary Judgment and Cross-Motion for Summary Judgment on 

June 11,2009. The Department filed a Reply Brief on June 29,2009. In view ofthe motions, the 

hearing examiner issued an Order Vacating Dates in First Prehearing Order on June 17, 2009, 

Pagel of 4 
postponing the hearing unti} further notice. The Hearing Examiner issued a Proposed Order on 

Cross Motions for Summary Judgment on September 22, 2009. 

e. In the matter of violations of the Montana Public Water Supply Laws by Hugh Black-ST. 

Mary Enterprises, Inc. at the ST. Mary Lodge and Resort Public Water Supply System, 

PWSID #MT0002754, ST. Mary, Glacier County, BER 2009-04 PWS. A hearing is 

scheduled for December 11, 2009. 

f. 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 July 15, 

2009, the DEQ submitted a Proposed Schedule with a January 25,2010, hearing date. 

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

Properties, LLC, Jefferson County, BER 2009-11 AQ. A Scheduling Order was issued on 

July 8, 2009. A hearing is scheduled for November 19, 2009. On August 25, 2009, the 

Department filed The Department's Motion to Compel and for Sanctions. No response was filed 

by Sheep Mountain. 

h. In the matter of violations of Montana Public Water Supply Laws by Anaconda Country 

Club, Anaconda, Deer Lodge County, BER 2009-12 PWS. On July 23, 2009, the Department 

filed a second Request for Extension. Hearing Examiner Katherine Orr issued the Second Order 

Granting Extension on August 14, 2009. The parties have until September 30, 2009, to reach 

settlement or file a proposed hearing schedule. 

2. Cases in litigation 

a. In the matter of the Notice of Appeal and Request for Hearing of the Citizens Awareness 

Network, Women's Voices for the Earth, and the Clark Fork Coalition regarding DEQ's 

approval of the Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, BER 

2006-18 AQ. Petitioners filed a Notice of Appeal to the Montana Supreme Court on January 30, 

2009. The Petitioners filed their Supreme Court brief on May 21, 2009. The Department and 

Thompson River Power, Inc., filed answer briefs, as Intervenor-Respondents in the case, on 

June 18 and 22, 2009, respectively. The Board is named as the respondent, but has not appeared 

in the case. Any reply brief by the Petitioners is due within 14 days after service of the answer 

briefs. 

b. In the matter of the appeal by Citizens for Clean Energy (CCE) and Montana 

Environmental Information Center (MEIC) regarding Air Quality Permit No. 3423-00 

issued to Southern Montana Electric (SME) for its Highwood Generating Station, BER 

2007-07 AQ. On March 20, 2009, the district court granted SME's motion to stay scheduling of 

oral argument until at least June 17, 2009. On June 15, 2009, SME filed a motion to continue 

the stay through November 2, 2009, noting that the Department does not object to continuing 

the stay but that the Petitioners do object. On June 19, 2009, the Petitioners filed a response to 

the motion, stating that they do not object to the stay if SME intends to abandon the coal plant 

project and requesting that the court convene a status conference with the parties to determine 

the status of the project. 

III. ACTION ITEMS 

A. REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

1. In the matter of proposed adoption of the amendments of ARM 17.8.501, 17.8.504, 17.8.505, and 

17.8.514 for the annual adjustment of air quality operation and open burning fees. 

ATTACHMENT 

2. In the matter of proposed adoption of the amendments of the Air Quality Incorporation by 

ReferenceRulesatARM 17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902,and 17.8.1002 

(annual update and housekeeping changes). ATTACHMENT 

BERAgenda Page 2 of 4 October 2, 2009 
3. In the matter of proposed adoption ofthe amendments of Administrative Rules of Montana (ARM) 

Title 17, Chapter 38, Subchapters I and 2. The proposed amendments are intended to update 

existing rules regarding public water supplies by; adopting new rules, clarifying existing rules, and 

incorporating by reference the most recent applicable sections of the Code of Federal Regulations. 

New rules include adoption of new federal requirements including the Ground Water Rule (GWR), 

Stage-2 Disinfection Byproducts Requirements rule (Stage-2), and the Enhanced Treatment for 

Cryptosporidium rule (LT-2). Amendments include updates to Engineering Plan Review for 

regional water systems and clarifications to existing rules to accommodate new federal 

requirements. ATTACHMENT 

4. In the matter of the proposed amendments to the Administrative Rules of Montana (ARM) 17.30. 702, 

17.36.101, 17.36.102, 17.36.103, 17.36104,17.36.323, 17.36.345, 17.36.911, 17.36.912, 17.36.914, 

17.36.916, 17.36.918, 17.36.922, 17.38.10 I, 17.55.1 02, Department Circular DEQ-4, and the adoption 

of New Rules I and II pertaining to gray water reuse, as modified in response to public comment, that 

were proposed in May 2009. ATTACHMENT 

B. NEW CONTESTED CASE APPEALS 

1. In the matter of violation of the Montana Underground Storage Tank Act by Stockton Oil 

Company at Soco Express #10, Yellowstone County, BER 2009-14 UST. The Board received the 

request for hearing on July 13, 2009. Hearing Examiner Katherine Orr issued a First Prehearing 

Order on August 14, 2009. The Department submitted a Proposed Prehearing Schedule on August 

25, 2009. The Board may appoint a permanent hearing examiner or decide to hear the matter. 

ATTACI-IMENT 

2. In the matter of violations of the Montana Septage Disposal and Licensure Laws by Craig 

Sundberg, d/b/a Sunny's Septic Service and Excavating, Anaconda, Deer Lodge County, BER 

2009-15 SDL. The Board received the appeal on August 20, 2009. The Board may appoint a 

permanent hearing examiner or decide to hear the matter. On September 14, 2009, DEQ filed a 

Notice of Intent to Dismiss, informing the Board that the parties have agreed to dismiss the case and 

expect to file a stipulation in the near future. ATTACHMENT 

3. In the matter of violations of the Metal Mine Reclamation Act by Paradine Mining, Inc., 

Broadwater County, BER 2009-16 MM. The Board received the appeal on August 31,2009. The 

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

4. In the matter of violations of the Montana Septage Disposal and Licensure Laws by Steven 

Kunkel, d/b/a Montana Septic Service, at Great Falls Wastewater Treatment Plant, Great 

Falls, Cascade County, BER 2009-17 SDL. The Board received the appeal on September 1, 2009. 

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

ATTACHMENT 

5. 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. The 

Board received the appeal on September 9, 2009. The Board may appoint a permanent hearing 

examiner or decide to hear the matter. ATTACHMENT 

C. FINAL ACTION ON CONTESTED CASES 

1. In the matter of the appeal by Eastgate Water and Sewer Association of Helena Sand and 

Gravel, Inc.'s Opencut Permit No. HSG-017, BER 2008-08 OC. (The Board has retained 

jurisdiction on this case to hear contested case matters.) On July 17, 2009, the Board received a 

Stipulation to Dismiss signed by the attorneys for the parties. An order for dismissal will be 

presented for signature by the Chairman. ATTACHMENT 

2. In the matter of violations of the Montana Undergound Storage Tank Act by Flying J Inc. at 

Flying J Travel Plaza, 112000 Browns Gulch Road, Butte, Silver Bow County, BER 2009-06 

BERAgenda Page 3 of 4 October 2, 2009 
UST. On August 24, 2009, the DEQ filed a Stipulation to Dismiss, signed by both parties. An Order 

of Dismissal will be presented for signature by the Chair. ATTACHMENT 

3. In the matter of the request for hearing by Sandy Rose regarding the Notice of violation ofthe 

Montana Public Water Supply Laws by Canyon Ferry Mansion, Inc., at Canyon Ferry 

Mansion, PWSID #MT0004387, Helena, Lewis and Clark County, BER 2009-08 PWS. On 

August 13, 2009, the parties filed a Stipulation for Dismissal. An Order of Dismissal will be 

presented for signature by the Chair. A TT A Cl-l M ENT 

4. In the matter of the appeal by the River Rock County Water and Sewer District regarding its 

MDEQ Permit No. MTX000147 for its wastewater treatment facility, BER 2009-05 WQ. On 

September 4, 2009, the parties filed a Stipulation to Dismiss. An Order of Dismissal will be 

presented for signature by the Chair. ATTACHMENT 

5. In the matter of Montana Public Water Supply Laws by Headwaters Livestock Auction, LLC 

at Headwaters Livestock Auction, Three Forks, Broadwater County, BER 2009-13 PWS. On 

September 16, 2009, the parties filed a Stipulation for Dismissal. An Order of Dismissal will be 

presented for signature by the Chair. ATTACHMENT 

6. In the matter of the appeal by Southern Montana Electric (SME) regarding its Air Quality 

Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. On September 23, 

2009, SME filed a Petitioner Southern Montana Electric's Notice of Voluntary Dismissal. An Order 

of Dismissal will be presented for signature by the Chair. ATTACHMENT 

D. OTHER ACTION ON CONTESTED CASES 

1. In the matter of violations of the Montana Water Quality Act by Wilderness Club, LLC., at 

the Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 .WQ. (The Board has 

retained jurisdiction on this case to hear contested case matters.) On May 14, 2009, the Wilderness 

Club filed a Motion for Summary Judgment. On June 11, 2009, the Board received a DEQ Brief in 

Response to Appellant's Motion for Summary Judgment. A Reply to the Motion for Summary 

Judgment was filed by the Wilderness Club on July 6, 2009. On September 22, 2009, the Hearing 

Examiner issued a Proposed Order Denying Motion for Summary Judgment. ATTACHMENT 

IV. GENERAL PUBLIC COMMENT · 

A. 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 of 4 October 2, 2009 
I~ 

I 

'\.. 

1 MR. LIVERS: Mr. Miller. 

2 MR. MILL$R: Aye. 

i 

3 MR. LIVE*S: Mr. Mires. 

4 ! MR. MIRE~: Aye. 

I 

5 MR. LIVEIRS: Ms. Shropshire. I 

I 

I 

6 MS. SHRO~SHIRE: Aye. j 

7 MR. LIVEtS: I'm not sure if that came 

8 through .i Was that 

1

an aye or a no? 

9 MS. SHRO~SHIRE: Aye. 

10 MR. LIVE4S: Thank you. I apologize for 

11 that. M)r. Whalen. 

12 Aye. 

13 Mr. Russe 1. 

14 CHAIRMAN RUSSELL: Aye. 

15 Thank you. Passed 

16 unanimou!s 1 y. • 

17 The next item, again, Ms. Wolfe will run 

18 us through that. III (A) (2). 

19 MS. WOLFE: Again, for the record, my 

20 name is Debra Wolfe, and I'm here today to 

21 represent the Department regarding action on the 

22 proposed incorporation by reference rulemaking. 

23 Notice of this proposal was published 

24 June 25th, 2009, and the Board's Hearing Officer 

25 Katherine Orr presided over a public hearing on 

LAURIE CRUTCHER, RPR 

406-442-8262 13 
1 July 27th, 2009. The Department recommends that 

2 the Board adopt the amendment as proposed in the 

3 proposed MAR notice published on June 25th, 2009, 

4 and the Department supports the submission of 

5 these amendments to EPA for inclusion into the 

6 State Implementation Plan. 

7 CHAIRMAN RUSSELL: Is that it? 

8 MS. WOLFE: Yes. 

9 CHAIRMAN RUSSELL: Deb, you are so good. 

10 Brevity is great. No offense to anyone else in 

11 the Department. 

12 MS. WOLFE: Thank you, Mr. Chairman. 

13 CHAIRMAN RUSSELL: Do the Board members 

14 have any questions for the Department? 

15 (No response) 

16 CHAIRMAN RUSSELL: Hearing none, is 

17 there anyone in the audience, the public, that 

18 would like to speak to this? 

19 (No response) 

20 MR. LIVERS: None here in Helena, Mr. 

21 Chairman. 

22 CHAIRMAN RUSSELL: All right. 

23 MR. LIVERS: I think we're ready for a 

24 motion, and then when you're ready, a roll call 

25 vote. 

LAURIE CRUTCHER, RPR 

406-442-8262 14 

I 

J 

I 

I 
1 

\., 2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

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23 

24 

25 

CHAIRMAN RUSSELL: Once again, there are 

no submitted testimony, comments? 

MS. WOLFE: Mr. Chairman, members of the 

Board, no comments were received. 

CHAIRMAN RUSSELL: With that in mind, I 

will entertain a motion to amend as presented ARM 

17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 

17.8.902, 17.8.1002, pertaining to the 

incorporation by reference of the current CFR's 

and other materials into the air quality rules. 

Do I have a motion -- and to accept the Hearing 

Officer's report and the House Bill 521 and 311 

analysis. 

MR. MIRES: Mires. So moved. 

CHAIRMAN RUSSELL: It's been moved by 

Larry. Is there a second? 

MS. SHROPSHIRE: This is Robin. Second. 

CHAIRMAN RUSSELL: It's been moved and 

seconded. Any further discussion? 

(No response) 

CHAIRMAN RUSSELL: Hearing none, all 

those in favor, signify by saying aye. Tom. 

MR. LIVERS: Mr. Chairman, we'll go 

inverse alphabetically this time, shake things up 

a little bit. Mr. Whalen. 

LAURIE CRUTCHER, RPR 

406-442-8262 15 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

MR. WHALEN: Aye. 

MR. LIVERS: Ms. Shropshire. 

MS. SHROPSHIRE: Aye. 

MR. LIVERS: Mr. Mires. 

JVJR. MIRES: Aye. 

MR. LIVERS: Mr. Miller. 

MR. MILLER: Aye. 

MR. LIVERS: Ms. Kaiser. 

MS. KAISER: Aye. 

MR. LIVERS: Mr. Anderson. 

MR. ANDERSON: Aye. 

MR. LIVERS: Chairman Russell. 

CHAIRMAN RUSSELL: Aye. 

MR. LIVERS: Thank you. 

I CHAIRMAN And the next matter 

in frontl of the Boar is the rnod'fications, I 

proposed adoption of amendments to Title 17.38 

'I 

Subchapters 1 and 2. 

I 

i 

1 MR. LIVERS 

I Present~ng for the D 

I 

Pizzini,: and your co 

by all h\ere. 

I CHAIRMAN 

Torn. 

Mr. n, thank you. 

be Mr. Eugene 

ity were heard 

I 'rn ust hoping Gene 

24 can pull it off. 

25 MR. PIZZINI: Mr. Chair an, members of 

LAURIE CRUTCHER, RPR 

406-442-8262 16 
'IJlt:.govc ) _ ......... , ... -~·--.. -- -............ ______ __,.._,___ ·. 

'ilont:lna (:;ode Annotated 

vJT Administrative Rules (Title 17) 

Se.:lrch r1'1T Administrative Rules 

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Notices •Nith Hearing 

Notices •Nithout Hearin•;J 

Negotiated Notices 

Final Adoption Notices 

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Emergency Notices 

)it·ector's Office 

)ownload Adobe Reader 

Administrative Rules of Montana 

Final Notice of Rulemaking 

Ef.f~ctive 

10/16/09 

10/16/09 

10/16/09 

10/16/09 

6/26/09 

Purpose· 

Notice of Amendment, Adoption, and Repeal (Public 

Water and Se•Nage System Requirements- Plans for 

Public Water or Wastewater Systems, Treatment 

Requirements, Control Tests, Microbial Treatment, 

S.:lnitary Surveys, and Chemical Treatment of Water, 

Ground ·water, Initial Distribution System Evaluations, 

Stage 2 Disinfection Byproducts Requirements, and 

Enhanced Treatment for Croptosporidium, Licenses--

Private Water Supplies, Disposal of Excrement, and 

Barnyat·ds and Stockpens- MAR Notice No. 17-291) 

Notice of Amendment and Adoption (Water Oualit>t, 

Subdivisions/On-site Subsutface Wastewater Treatment, 

Public Water and Sewage Svstems Requirements, CECRA 

Remediation - Department Circular DEQ-4 and Grav 

Water Reuse- MAP. Notice No. 17-288) 

Notice of Amendment (Air Quality- Definitions, Permit 

Application Fees, Operation Fees and Open B'Jrning Fees 

-~~lAP. Notice No. 17-286) 

Notice of Amendment (Air Quality - Inc:orporation bv 

Reference of Current Federal Regulations and Other 

r.·Jaterials Into Air Quality Rules - !'<lAP. Notice No. 17-285) 

Notice of Amendment (Department - l\1odel Rules - MAR 

Notice No. 17-283) 
-1784-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.102, 17.8.302, 17.8.767, 17.8.802, ) 

17.8.822, 17.8.902, and 17.8.1002 ) 

pertaining to incorporation by reference ) 

of current federal regulations and other ) 

materials into air quality rules ) 

TO: All Concerned Persons 

NOTICE OF AMENDMENT 

(AIR QUALITY) 

1. On June 25, 2009, the Board of Environmental Review published MAR 

Notice No. 17-285 regarding a notice of public hearing on the proposed amendment 

of the above-stated rules at page 954, 2009 Montana Administrative Register, issue 

number 12. 

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: Is/ Joseph W. Russell 

JOSEPH W. RUSSELL, M.P.H. 

Chairman 

Certified to the Secretary of State, October 5, 2009. 

19-10/15/09 Montana Administrative Register 
17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES 

(1) In this chapter where the board has: 

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

2008, edition of the Code of Federal Regulations (CFR); 

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

reference is to the 2000 edition of the USC and Supplement V (2005); 

Page 1 of 1 

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

Montana by reference, the reference is to the December 31, 2008, edition of the 

Administrative Rules of Montana (ARM). 

(2) For purposes of this chapter, the following subparts, or portions thereof, of 40 

CFR Part 60, are excluded from incorporation by reference: 

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

Industrial Solid Waste Incineration Units for which Construction is Commenced After 

November 30, 1999, or for which Modification or Reconstruction is Commenced on 

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

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

Appeals, D.C. Circuit, ruling; and 

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

for Coal-fired Electric Steam Generating Units. 

(3) For purposes of this chapter, the following subparts, or portions thereof, of 40 

CFR Part 63 are excluded from incorporation by reference: 

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

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

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

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

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

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

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

Circuit Court of Appeals, D.C. Circuit; 

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

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

(40 CFR 63.7480 through 63.7575, and all associated appendices and tables), as 

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

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

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

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

History: 75-2-111, MCA; IMP, Title 75, chapter 2, MCA; NEW, 1996 MAR p. 

1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1997 MAR p. 

1581, Eff. 9/9/97; AMD, 1998 MAR p. 1725, Eff. 6/26/98; AMD, 1999 MAR p. 2250, 

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

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

4/11/03; AMD, 2004 MAR p. 724, Eff. 4/9/04; AMD, 2005 MAR p. 959, Eff. 6/17/05; 

AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 1663, Eff. 10/26/07; 

AMD, 2008 MAR p. 2267, Eff. 10/24/08; AMD, 2009 MAR p. 411, Eff. 4/17/09; AMD, 

2009 MAR p. 1784, Eff. 10/16/09. 

http://www.mtrules.org/gateWay/Print_RV.Asp?RV=29110 3/25/2010 
Page 1 of 1 

17.8.302 INCORPORATION BY REFERENCE 

(1) For the purposes of this subchapter, the board adopts and incorporates by 

reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new stationary 

sources and modifications, with the following exceptions: 

(i) 40 CFR 60.1500 through 1940 and tables 1 through 8 (subpart BBBB), 

emission guidelines for existing small municipal waste combustion units, are not 

incorporated by reference; 

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(c) 40 CFR Part 63, pertaining to emission standards for hazardous air pollutant 

source categories; 

(d) 40 CFR 81.327, pertaining to the air quality· attainment status designations for 

Montana; 

(e) ARM Title 17, chapter 53, subchapter 5, pertaining to the identification and 

listing of hazardous waste; and 

(f) the Standard Industrial Classification Manual (1987), Office of Management 

and Budget (PB 87-100012), pertaining to a system of industrial classification and 

definition based upon the composition and structure of the economy. 

(2) A copy of materials incorporated by reference in this subchapter is available 

for public inspection and copying at the Department of Environmental Quality, 1520 

E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605-

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 

42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: 

(513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination (Superintendent 

of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-

1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: 

http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at 

http://www.epa.gov/natlibra/libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

History: 75-2-111,75-2-203, MCA; IMP, 75-2-203, MCA; NEW, 1993 MAR p. 

2530, Eff. 10/29/93; AMD, 1994 MAR p. 2828, Eff. 10/28/94; AMD, 1995 MAR p. 

1572, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1996 MAR p. 

2298, Eff. 8/23/96; AMD, 1997 MAR p. 1191, Eff. 7/8/97; AMD, 1997 MAR p. 1581, 

Eff. 9/9/97; AMD, 1998 MAR p. 1725, Eff. 6/26/98; AMD, 1998 MAR p. 3106, Eff. 

11/20/98; AMD, 1999 MAR p. 2250, Eff. 10/8/99; AMD, 2000 MAR p. 1316, Eff. 

5126100; AMD, 2001 MAR p. 1468, Eff. 8/10/01; AMD, 2001 MAR p. 2022, Eff. 

10/12/01; AMD, 2002 MAR p. 1747, Eff. 6/28/02; AMD, 2003 MAR p. 9, Eff. 

12/27/02; AMD, 2003 MAR p. 645, Eff. 4/11/03; AMD, 2005 MAR p. 959, Eff. 

6/17/05; AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 1663, Eff. 

10/26/07; AMD, 2009 MAR p. 1784, Eff. 10/16/09. 

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Page 1 of 1 

17.8.767 INCORPORATION BY REFERENCE 

(1) For the purposes of this subchapter, the board adopts and incorporates by 

reference: 

(a) 40 CFR Part 51, subpart I, specifying requirements for state programs for 

issuing Montana air quality permits; 

(b) 40 CFR Part 51, Appendix M, specifying recommended test methods for state 

implementation plans; · 

(c) 40 CFR Part 60, specifying standards of performance for new stationary 

sources; 

(d) 40 CFR Part 61, specifying emission standards for hazardous air pollutants; 

(e) Tables 4-1 and 4-3 of the Department of Environmental Quality Air Quality 

Health Risk Assessment Procedures/Model, January 1995; 

(f) 42 USC 7412, et seq., listing hazardous air pollutants; and 

(g) 40 CFR Part 75, pertaining to mercury requirements. 

(2) A copy of materials incorporated by reference in this subchapter is available 

for public inspection and copying at the Department of Environmental Quality, 1520 

E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-684 7 or (703) 605-6000; fax: (703) 605-

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 

42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: 

(513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ 

ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination (Superintendent 

of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-

1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: 

http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at 

http :1/www. epa. gov /natlib ra!libraries. htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, 75-2-215, MCA; NEW, 2002 

MAR p. 3567, Eff. 12/27/02; AMD, 2005 MAR p. 959, Eff. 6/17/05; AMD, 2006 MAR 

p. 1956, Eff. 8/11/06; AMD, 2006 MAR p. 2575, Eff. 10/27/06; AMD, 2007 MAR p. 

1663, Eff. 10/26/07; AMD, 2009 MAR p. 1784, Eff. 10/16/09. 

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Page 1 of 1 

17.8.802 INCORPORATION BY REFERENCE 

(1) For the purposes of this subchapter, the board adopts and incorporates by 

reference the following: 

(a) 40 CFR 51.102, pertaining to requirements for public hearings for state 

programs; 

(b) 40 CFR Part 51, Appendix W, pertaining to the Guideline on Air Quality 

Models; 

(c) 40 CFR Part 60, pertaining to standards of performance for new stationary 

sources; 

(d) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(e) 40 CFR 81.327, pertaining to the air quality attainment status designations for 

Montana; and 

(f) the Standard Industrial Classification Manual (1987), Office of Management 

and Budget (PB 87-1 00012), pertaining to a system of industrial classification and 

definition based upon the composition and structure of the economy. 

(2) A copy of materials incorporated by reference in this subchapter is available 

for public inspection and copying at the Department of Environmental Quality, 1520 

E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605-

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 

42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: 

(513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination (Superintendent 

of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-

1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: 

http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/ 

libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

(5) The Standard Industrial Classification Manual (1987) may be obtained from 

the NTIS, as described in (3)(a). 

History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2-204, MCA; 

NEW, 1993 MAR p. 2919, Eff. 12/10/93; AMD, 1994 MAR p. 2828, Eff. 10/28/94; 

AMD, 1996 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; 

AMD, 1997 MAR p.1581, Eff. 9/9/97; AMD, 2003 MAR p. 645, Eff. 4/11/03; AMD, 

2005 MAR p. 959, Eff. 6/17/05; AMD, 2006 MAR p. 1956, Eff. 8/11/06; AMD, 2007 

MAR p. 1663, Eff. 10/26/07; AMD, 2009 MAR p. 1784, Eff. 10/16/09. 

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17.8.822 AIR QUALITY ANALYSIS 

(1) Any application for a permit pursuant to this subchapter shall contain an 

analysis of ambient air quality in the area that the emissions from the major 

stationary source or major modification would affect. 

Page 1 of 1 

(2) For a major stationary source, the analysis shall address each pollutant that it 

would have the potential to emit in a significant amount. 

(3) For a major modification, the analysis shall address each pollutant for which it 

would result in a significant net emissions increase. 

(4) With respect to any such pollutant for which no national ambient air quality 

standard exists, the analysis shall contain such air quality monitoring data as the 

department determines is necessary to assess ambient air quality for that pollutant 

in any area that the emissions of that pollutant would affect. 

(5) With respect to any such pollutant (other than nonmethane hydrocarbons) for 

which such a standard does exist, the analysis shall contain continuous air quality 

monitoring data gathered for purposes of determining whether emissions of that 

pollutant would cause or contribute to a violation of the standard or any maximum 

allowable increase. 

(6) The continuous air monitoring data that is required under this rule shall have 

been gathered over a period of one year and shall represent the year preceding 

receipt of the application, except that, if the department determines that a complete 

and adequate analysis can be accomplished with monitoring data gathered over a 

period shorter than one year (but not to be less than four months) , the data that is 

required shall have been gathered over at least that shorter period. 

(7) The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of subchapter 

9 may provide post-approval monitoring data for ozone in lieu of providing 

preconstruction data as required under (1) . 

(8) The owner or operator of a major stationary source or major modification 

shall, after construction of the stationary source or modification, conduct such 

ambient monitoring as the department determines is necessary to determine the 

effect emissions from the stationary source or modification may have, or are having, 

on air quality in any area. 

History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2-204, MCA; 

NEW, 1993 MAR p. 2919, Eff. 12/10/93; TRANS, from DHES, 1996 MAR p. 2285; 

AMD, 2004 MAR p. 724, Eff. 4/9/04; AMD, 2009 MAR p. 1784, Eff. 10/16/09. 

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Page 1 of 1 

17.8.902 INCORPORATION BY REFERENCE 

(1) For the purposes of this subchapter, the board adopts and incorporates by 

reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new stationary 

sources; 

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(c) 40 CFR 81.327, pertaining to the air quality attainment status designations for 

Montana; 

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to permit 

requirements for permit programs in nonattainment areas; 

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 through 

7513b, pertaining to additional requirements for particulate matter in nonattainment 

areas; and 

(f) the Standard Industrial Classification Manual (1987), Office of Management 

and Budget (PB 87-100012), pertaining to a system of industrial classification and 

definition based upon the composition and structure of the economy. 

(2) A copy of materials incorporated by reference in this subchapter is available 

for public inspection and copying at the Department of Environmental Quality, 1520 

E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-684 7 or (703) 605-6000; fax: (703) 605-

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 

42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: 

(513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination (Superintendent 

of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-

1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: 

http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at 

http://www.epa.gov/natlibra/libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

(5) The Standard Industrial Classification Manual (1987) may be obtained from 

the NTIS, as described in (3)(a). 

History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2-204, MCA; 

NEW, 1993 MAR p. 2919, Eff. 12/10/93; AMD, 1994 MAR p. 2828, Eff. 10/28/94; 

AMD, 1996 MAR p. 1844, Eff. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; 

AMD, 1997 MAR p. 1581, Eff. 9/9/97; AMD, 2001 MAR p. 1468, Eff. 8/10/01; AMD, 

2003 MAR p. 645, Eff. 4/11/03; AMD, 2005 MAR p. 959, Eff. 6/17/05; AMD, 2006 

MAR p. 1956, Eff. 8/11/06; AMD, 2007 MAR p. 1663, Eff. 10/26/07; AMD, 2009 

MAR p. 1784, Eff. 10/16/09. 

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Page 1 of 1 

17.8.1002 INCORPORATION BY REFERENCE 

(1) For the purposes of this subchapter, the board adopts and incorporates by 

reference the following: 

(a) 40 CFR Part 60, pertaining to standards of performance for new stationary 

sources; 

(b) 40 CFR Part 61, pertaining to emission standards for hazardous air 

pollutants; 

(c) 40 CFR 81.327, pertaining to the air quality attainment status designations for 

Montana; 

(d) section 173 of the FCAA, as codified in 42 USC 7503, pertaining to 

requirements for permit programs in nonattainment areas; 

(e) sections 188 through 190 of the FCAA, as codified in 42 USC 7513 through 

7513b, pertaining to additional requirements for particulate matter in nonattainment 

areas; and 

(f) the Standard Industrial Classification Manual (1987), Office of Management 

and Budget (PB 87-100012), pertaining to a system of industrial classification and 

definition based upon the composition and structure of the economy. 

(2) A copy of materials incorporated by reference in this subchapter is available 

for public inspection and copying at the Department of Environmental Quality, 1520 

E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. 

(3) Copies of federal materials also may be obtained from: 

(a) National Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, VA 22161; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605-

6900; e-mail: orders@ntis.gov; web: http://www.ntis.gov; 

(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 

42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: 

(513) 489-8695; e-mail: ncepimal@one.net; web: http://www.epa.gov/ncepihom; 

(c) U.S. Government Printing Office, Information Dissemination (Superintendent 

of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-

1800 or (202) 512-1800; fax: (202) 512-2104; e-mail: orders@gpo.gov; web: 

http://www.gpoaccess.gov; and 

(d) the EPA regional office libraries listed at 

http://www.epa.gov/natlibra/libraries.htm. 

(4) Copies of the CFR may be obtained from the U.S. Government Printing 

Office, as described in (3)(c). 

(5) The Standard Industrial Classification Manual (1987) may be obtained from 

the NTIS, as described in (3)(a). 

History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2-204, MCA; 

NEW, 1993 MAR p. 2919, Eft. 12/10/93; AMD, 1994 MAR p. 2828, Eft. 10/28/94; 

AMD, 1996 MAR p. 1844, Eft. 7/4/96; TRANS, from DHES, 1996 MAR p. 2285; 

AMD, 1997 MAR p. 1581, Eft. 9/9/97; AMD, 2001 MAR p. 1468, Eft. 8/10/01; AMD, 

2003 MAR p. 645, Eft. 4/11/03; AMD, 2005 MAR p. 959, Eft. 6/17/05; AMD, 2006 

MAR p. 1956, Eft. 8/11/06; AMD, 2007 MAR p. 1663, Eft. 10/26/07; AMD, 2009 

MAR p. 1784, Eft. 10/16/09. 

http:/ /www.mtrules.org/gate Way /Print_ RV .Asp?RV =291 09 3/25/2010