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 17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002. The Montana Board of Environmental Review (Board) adopted these rule amendments on October 2, 2009. This submission contains two copies ofthe Records ofAdoption as required by 40 CFR Part 51, Appendix V. For your convenience, I have enclosed two copies ofthe complete rule texts as published by the Montana Secretary of State. Ifyou have any questions concerning the contents ofthis 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 02010

P:\_AGENC'BS.ASSLffi1Rff'WON6**~JAG**EBO¥**~008lNSE6\IHJWRfSl.NMI!t¢li'AitA®SIJ5..9)62..{DBJS'Oilushin** - EPA 3-1 0.doc 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 ofgeneral 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 OFMONTANA

RECORD OFADOPTION

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



### Pertainingto the incorporation by

### reference ofcurrentfederal regulations and other materials into airquality rules.

Date ofFinalAdoption by

### the Board ofEnvironmentalReview:



## October2, 2009

## Montana 

# BoardofEnvironmentalReview

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 METCALFBUILDING,ROOM 111 1520 EA§T SIXTHAVENUE, HELENA, MONTANA ********************************************************** NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the meeting will begin no earlier than the time specified; however, the Boardmightnotaddress the specific agendaitems inthe orderthey are scheduled. Personswith disabilities, whoneed an accommodation inorderto participateinthismeeting, shouldcontactthe Board Secretary at ( 406) 444-670I. 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 CASEUPDATE I. Cases assigned to Hearing OfficerKatherine Orr

a. In the matterofCRKendall Corporation's requestfor a hearingto appeal DEQ's decision to deny a minorpermitamendmentunderthe Metal MineReclamation Act, BER2002-09 MM. AnEIS onthe mine closureplan is on hold until collection ofwaterquality data is completed. Once the data has been collected, the EIS will be completed and the case may become moot. The case is stayedpending completion oftheEIS. Theparties anticipate completionoftheEIS in2009. b. In the matterofViolations oftheWaterQualityActbyASARCO, Inc., BER2005-09WQ. A Stay ofProceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by the Department ofthebankruptcy proceeding.

c. In the matterofthe appealby Southern MontanaElectric (SME)regardingits AirQuality Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. The Department ofEnvironmental 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 GrantingStay 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 ofPetitioner Southern Montana Electric Generation and Transmission Cooperative, Inc., ForanAdditionalStay of Proceedings. Therequest in the motion is to delay proceedingsuntil January I, 2010. OnMay 18,2009,the HearingExaminergrantedthe stay and requested a status report on September 15,2009. d. In the matter ofthe appeal byEastgateWater and SewerAssociation ofHelena Sandand 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 AdoptingSecondProposedPrehearing Schedule on April 2, 2009.

Page I of4e. In the matter ofviolations ofthe Montana Water Quality Act by Wilderness Club, LLC., at the Wilderness Club Eureka, Lincoln County, Montana, BER2008-13 WQ. (The Board has retainedjurisdiction on this case to hear contested case matters.) On April 6, 2009, Hearing Examiner Katherine Orr issued a SecondScheduling Order. A telephonic prehearing conference is scheduled for December4, 2009, and the hearing is scheduled for December 11, 2009, before the Board. OnMay 14, 2009,the Wilderness Club filed aMotionforSummaryJudgment. f. Inthematteroftheappeal and requestfor hearingbyMontanaEnvironmentalInformation 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 retainedjurisdiction onthis caseto hear contested case matters.) OnFebruary 17, 2009, Respondent-Intervenor Southern MontanaElectric 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 SMEMotion 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 Orrissued an Order GrantingStay until June 17, 2009. g. In the matter ofviolations ofthe Montana Water Quality Act by Jim Gilman Excavating, Inc., at Augusta-South, Lewis and Clark County, BER 2008-24 WQ. On March 20, 2009, afterconsultation withtheAppellant, the DEQ filed aRequest forExtension. HearingExaminer Katherine Orr issued a First Order Granting Extension ofTime on April 2, 2009, giving the parties until June 23, 2009, to file a proposed prehearing schedule or settlement documents. h. In the matter ofviolations ofthe Metal Mine Reclamation Actby SaturdaySunday, 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 casehearing has been setfor June 19,2009.

1. In the matterofviolations ofthe Montana PublicWater 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 ExaminerKatherine Orrissued a FirstPrehearing Order. j. Inthe matterofthe appealbythe River RockCountyWaterand SewerDistrict 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 ofTimeon AprilS, 2009. OnMay 7, 2009, HearingExaminerKatherine Orrissued a Second Order Granting Extension ofTime allowing the parties until June 1, 2009, to file a proposed hearing schedule or submit settlementdocuments. k. InthematterofviolationsoftheMontanaUndergound StorageTankActbyFlyingJ Inc. at FlyingJ TravelPlaza, 112000Browns Gulch Road, Butte, SilverBow County, BER2009-06 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 SchedulingOrderwas issued onMay 18, 2009.A hearing is setfor September21, 2009. 2. Cases in litigation

BERAgendaa. In the matter ofthe Notice ofAppeal and Request for Hearing ofthe 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 OrderDenying Petitioners' Motion for Summary Judgment, affirming the February 2, 2007, order ofthe hearing officer concerning the denial of Petitioner's Motion for Leave to File an Amended Affidavit and } affirming the order ofthe Board ofJune 11, 2008. The District Court also denied Intervenor's**~** Page 2of4 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 ofAppeal to the Montana Supreme Court on January 30, 2009. The Petitioners obtained an extension ofthe time in which to file their opening brief, and theirbriefis 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 ofthe 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 ofSupplemental Authority, attaching new EPA Administrator Lisa Jackson's February 17, 2009, letter to Sierra Club, granting its January 6, 2009, amended petition for reconsideration ofEPA's December 18, 2008, memorandum. On March 18, 2009, SME filed a Motion to Postpone Setting Oral Argument, requesting that the court nottake action on SME's motion for oral argument until after June 17, 2009, which would coincide with the stay ofproceedings granted to SMEby the Board's hearing examinerin the air quality permit contested case pending before the Board. SME stated in its motion that it was requesting the stay ofthe district courtproceeding for the same reason it requested a stay ofthe contested case proceeding, which was to allow its application for an air quality permitfor a gasfired power plant to go forward without further litigating its permit for a coal-fired powerplant 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 RULEMAKINGAND APPOINTMENT OF HEARING OFFICER The Department will propose thatthe Board concur in its recommendation to initiate rulemakingto: 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 ofa definition of "contaminated soil," and minor editorial revisions that are not intended as substantive changes. Nohearing is contemplated; therefore, the appointment ofa hearing officeris notrequired. 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 pertainingto Department Circular DEQ-4 and gray waterreuse. ATTACHMENT 3. Amend ARM 17.8.501, 17.8.504, 17.8.505, and 17.8.514 for the annual adjustment ofair 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 ORADOPTION OF FINAL RULES 1. Inthe matter ofthe adoption ofmodel organizational rulemakingand contested case rules as revised by the Secretary ofState and Attorney General pursuant to HB 70 ofthe 2007 Legislature, which transferred certain model rules from the Attorney General to the Secretary ofState. The Department proposes the Board adopt the rules as published in the Notice of Proposed Amendment. ATTACHMENT

BERAgenda Page 3 of4 May 29,2009C. NEW CONTESTED CASE APPEALS I. In the matterofthe request for hearing by SandyRose regardingthe Notice ofviolation 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 ofViolations 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 examinerordecide to hearthe matter. ATTACHMENT 3. In the matter ofviolations ofthe Clean Air Act ofMontana by Sheep Mountain Properties, LLC, Jefferson County, BER 2009-11 AQ. The Board received the request for hearing from Joseph Schmaus onMay 20, 2009. The Board may appoint a permanent hearing examiner ordecide to hearthe matter. ATTACHMENT D. FINAL ACTION ON CONTESTED CASES I. In the matter ofviolations 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 Stipulationfor Dismissal signed by the parties. An Order of Dismissal will be presented for signature by the Chairman. ATTACHMENT 2. In the matter ofviolations ofthe Hazardous Waste Act by the Three W's, Inc., and Montana Waste Systems, Inc., BER2008-09 HW (ThreeW's). (The Board has retainedjurisdictionon this case to hear contested case matters.) On April24, 2009, the parties filed a Stipulationfor Dismissal. An Order of Dismissalwill be presented for signature by the Chairman. ATTACHMENT 3. In the matter ofthe appeal by the USDA Forest Service Northern Region ofthe air quality major open burning permit fee for calendar year 2009, BER 2009-01 AQ. On April 13, 2009, the Board received aStipulation byDepartmentof Environmental Qualityand USDA ForestService for Dismissal ofContested Case. An Order ofDismissal will be presented for signature by the Chairman. ATTACHMENT 4. In the matter ofviolations ofthe OpencutMining Act by Daniels County atthe D. Hanrahan Pit, Daniels County, BER 2009-03 OC. On May 6, 2009, the Board received a Stipulation to Dismiss. An Order of Dismissalwill be presented for signaturebythe Chairman. ATTACHMENT 5. In the matterofthe request for bearingby William Gross regardingthe notice oftermination ofhis MDEQ MPDES SuctionDredgeGeneralPermitNo. MTG70267, BER2009-07 WQ.The Board received the request for hearing on April28, 2009. On May 12, 2009, the Board received a letter from Mr. Gross indicatinghe had resolvedthe issue and was dropping his appeal. An Order of Dismissal will be presented for signaturebythe Chairman. ATTACHMENT 6. In the matter ofthe Notice ofViolation ofthe Montana Underground Storage Tank Act by Amsden, LLC at The Comer Store, PowderRiver County, Montana, BER2009-09 UST. The Boardreceived the request for hearing on May 5, 2009. An Orderof Dismissalwill be presented for signature by theChairman. ATTACHMENT IV. GENERALPUBLIC COMMENT A. Underthis item, members ofthe public may comment on any public matterwithin thejurisdiction ofthe Board that is not otherwise on the agenda ofthe meeting. Individual contested case proceedings are not public matters on which the public may comment. V. ADJOURNMENT

BERAgenda Page4of4 May 29,2009-954-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter ofthe amendment ofARM ) 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 ) ofcurrent 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 ofthe 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 ofthis notice. Ifyou require an accommodation, contact Elois Johnson, Paralegal, no laterthan 5:00p.m., July 6, 2009, to advise us ofthe nature ofthe 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 chapterwhere the board (a) adopted a federal regulation by reference, the reference is to the July 1,**~** 2008, edition ofthe Code of Federal Regulations (CFR); (b) remains the same. (c) adopted another rule ofthe department or ofanother agency ofthe state of Montana by reference, the reference is to the December 31,**~** 2008, edition of the Administrative Rules of Montana (ARM). (2) For purposes ofthis chapter. +the following subparts, or portions thereof, of40 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 forwhich Construction is Commenced After November 30, 1999, orforwhich Modification or Reconstruction is Commenced on orAfter 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 ofAppeals, 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 ofthis chapter. +the following subparts, or portions thereof,
MAR Notice No. 17-285 12-6/25/09-955-

of40 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 ofthis 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) Forthe purposes ofthis subchapter, the board adopts and incorporates by reference: (a) and (b) remain the same. (c) 40 CFR Part 60, specifying standards ofperformance 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) Forthe purposes ofthis 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 ofsi!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 ofa 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 ofsatisfying 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 ofthis subchapter, the board adopts and incorporates by reference the following: (a) 40 CFR Part 60, pertaining to standards ofperformance 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) Forthe purposes ofthis 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 adoptthe current editions offederal 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 ofthe Code of Federal Regulations (CFR) and revisions to state rules published in the December 31, 2008, edition ofthe 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 orderto maintain primacy and federal delegation of Montana's airquality program, and in orderto timely implement emission standards that have been developed on the federal level pursuant to a federal program ofemissions 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 ofAppeals on February 8, 2008. Effective Apri117, 2009, the board excluded CAMR from incorporation by reference of40 CFR Part 60, in ARM 17.8.102, which applies to the entire chapter ofairquality rules. References to CAMR being excepted from incorporation by reference of40 CFR Part 60 remain in certain individual subchapters ofthe airquality 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 ofARM 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 of40 CFR Part 58, Appendix B, because that appendix no longer exists. 4. Concerned persons may submittheir data, views, or arguments, either orally or in writing, atthe 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 ofthe person to receive notices and specifies thatthe person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewatertreatment plant operator certification; solid ...) waste; junkvehicles; infectious waste; publicwater supply; public sewage systems regulation; hard rock (metal) mine reclamation; majorfacility 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; orgeneral procedural rules otherthan 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 of2-4-302, MCA, do not apply. Reviewed by:

/s/ DavidRusoff DAVID RUSOFF Rule Reviewer BOARD OF ENVIRONMENTAL REVIEW

BY: /s/ Joseph W Russell JOSEPH W. RUSSELL, M.P.H., Chairman Certified to the Secretary ofState, 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 examinerforthe Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 bythe Department of Environmental Quality pursuantto 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 ofthe proposed amendments into the SIP. 6) Interested persons may view the proposed rules on the Secretary ofState's website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call the Department at406-444-7916 to have a copy made available for their inspection. 7) The State of Montana makes reasonable accommodations for any known disabilitythat may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must contact the Board no laterthan 5 p.m., July 20, 2009 to advise the Board's secretary ofthe nature ofthe 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; oremail "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 laterthan 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.Box200901 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 FORLEGALADVERTISEMENT (ARM 5019-166) Brian Schweitzer,Governor Website: www.deq.mt.gov



### Please publish the attached document inthe legal section ofyournewspaperon

### Thursday,June 25,2009. Returnthe original affidavit ofpublication and a copy ofthe billing statement to the address below. Due to ourfiscal year endingJune 30, we would appreciate receivingthe bill afterJuly 1.
MontanaDepartment ofEnvironmental Quality AirResources Management Bureau P.O. Box 200901 Helena, MT 59620-0901
Ifyou have anyquestions regardingthis notice, please call me at (406) 444-0524. Pleasereply to this email to let me knowyouhave 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 examinerforthe Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 bythe 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 ofthe proposed amendments into the SIP. 6) Interested persons may view the proposed rules on the Secretary ofState's website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call the Department at406-444-7916 to have a copy made available for their inspection. 7) The State of Montana makes reasonable accommodations for any known disabilitythat may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must contact the Board no laterthan 5 p.m., July 20, 2009 to advise the Board's secretary ofthe nature ofthe 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 electronicallyvia email addressed to "ber@mt.gov", no laterthan 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. Box200901 Helena, MT 59620-0901



### June 22, 2009

Legal Notice Staff Helena Independent Record P.O. Box4249 Helena, MT 59604 Oline Barta Admin. Assistant MT-DEQ/ARMB (406)444-2544



### RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5019-167) Brian Schweitzer, Governor Website: www.deq.mt.gov



### Please publish the attached document in the legal section ofyour newspaperonThursday,June 25,2009. Returnthe original affidavit ofpublication and a copy ofthe billing statementto the address below. Due to ourfiscal year ending June 30, we would appreciate it ifourbill came afterJuly 1.
MontanaDepartment ofEnvironmental Quality Air Resources Management Bureau P.O. Box 200901 Helena, MT 59620-0901
Ifyouhave any questions regarding this notice, you can call me at (406) 444-0524. Pleasereply to this email to letmeknowthat youhave 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 examinerfor the Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 ofthe proposed amendments into the SIP. 6) Interested persons may viewthe proposed rules on the Secretary ofState'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 fortheir 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 ofthe nature ofthe 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 laterthan 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. Box200901 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 FORLEGALADVERTISEMENT (ARM 5019-168) Brian Schweitzer,Governor
Website: www.deq.mt.gov



### Please publishthe attached document inthe legal section ofyour newspaperon

### Thursday,June 25,2009. Returnthe original affidavit ofpublication and a copy ofthe billing statementto the address below.
MontanaDepartment ofEnvironmental Quality AirResources Management Bureau P.O. Box 200901 Helena, MT 59620-0901
Ifyou have any questions regarding this notice, youcan call me at (406) 444-0524. Pleasereply to this email to letme knowthatyouhavereceived 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 examinerforthe Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 ofthe proposed amendments into the SIP. 6) Interested persons may viewthe proposed rules on the Secretary ofState's website at http://www.mtrules.org/gateway/Mar Home.asp?IID=60 or may call the Department at406-444-7916 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 ofthe nature ofthe 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 laterthan 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. Box200901 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 FORLEGAL ADVERTISEMENT (ARM 5019-169) Brian Schwcit.lcr, Governor Website: www.deq.mt.gov



### Please publish the attached document inthe legal section ofyournewspaperon

### Thursday,June 25,2009. Return the original affidavit ofpublication and a copy ofthe billing statementto the address below. Due to ourfiscal year endingJune 30, we would appreciate receivingthe bill after July 1.


### MontanaDepartment ofEnvironmental Quality AirResources Management Bureau P.O. Box200901 Helena, MT 59620-0901
Ifyou have any questions regardingthis notice, you cancall me at (406) 444-0524. Pleasereply to this email to let me knowthatyouhave 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 examinerforthe Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 ofthe proposed amendments into the SIP. 6) Interested persons may view the proposed rules on the Secretary ofState'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 fortheir inspection. 7) The State of Montana makes reasonable accommodations for any known disability that may interfere with aperson'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 ofthe nature ofthe 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 laterthan 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. Box200901 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 FORLEGALADVERTISEMENT (ARM 5019-170) Brian Schweitzer, Governor Website: www.deq.mt.gov



### Please publish the attached document inthe legal sectionofyournewspaperon

### Thursday,June 25, 2009. Returnthe original,affidavit ofpublication and a copy ofthe billing statementto the address below. Due to ourfiscal yearendingJune 30, we would appreciate receivingthebill afterthatdate.
MontanaDepartment ofEnvironmental Quality AirResources ManagementBureau P.O. Box 200901 Helena, MT 59620-0901
Ifyou have any questions regardingthis notice, youcancall me at (406) 444-0524. Pleasereply to this email to let meknowthatyou have received it. Thankyou.

### PUBLIC NOTICE ARM 5019-170
1) On July 27, 2009 at 1:30 p.m., a public hearing will be held before the hearings examinerfor the Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 ofthe proposed amendments into the SIP. 6) Interested persons may view the proposed rules on the Secretary ofState'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 fortheir inspection. 7) The State of Montana makes reasonable accommodations for any known disabilitythat may interfere with a person's abilityto participate in state government proceedings. Persons needing accommodation must contact the Board no laterthan 5 p.m., July 20, 2009 to advise the Board's secretary ofthe nature ofthe 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 laterthan 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 FALLSTRIBUNE 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 Implementotior Plan (SIP). 2) Annually, the Depart- ment requests the Board update the administrative rules, by IBR federal statutes and regulations. IBR 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 CFR 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

' 1ber@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. (203622) 6125.z0(.).....J(()::::>0..LL0w(.)LL1-a:w(.)J0Q) Q)..cQ)-<tl(.).....·-c:......- EQ..Q)::Ja>-cE.c<tl·-::-·-Q)a>E..c·--u<tloQ)uen"C..cen'0.2C..CX<tl3:Q)<(c:ca·-Q)o--E-0LO:.;::;ent::0<t!'-()-Q)C\1·->r-!..:0'0I::J(t!.CX)Q.......,....00Q)\c-..Cl0,....-l",:.;::;0.....<tlC\1.E.2I-I'--......0I•ut/7::J..-..-o,_-cC:..-0(t!OC-.....0Q)a>o><tit::<tlQ)Q)..c-a>>_<tl..c'O--<tlCtiCJ)c.._..c·-Q)-a>en..c__..c...._-+='-a>o·-'0Q..t::Q)<ti>-Q)rna..c(.).....<tl>.<ti"C"C..o..CO>Q)Q)(.)..c0).....(.).....Q)Q)<tl<tl..c(ti=..c_,_(t!():t::'0Q).....(.).....0-cQ)Ea.Cti..c-"Cc<tlen-(.)Q)Q..enQ).....cac-en::J'0c<tl-(.)Q)..........0(.)enE'(t;u'0..CQ)->(ti'Q)..CC.J-Q),?-"-·-c:t::Q)Q)Q)u..o.....-Q)0..cct::en::J<tl-..cQ)a.\.)\:J'J)Q)Cti0'Q);:i=\..\>-co."·i-*',.·.J-c:::J0(.)'0.....oo--Q)-"-..a:wICf):JIll:::>:l..::::>..u1-0z:leno<tlQ)Q).....-..cc-·-'0Q):''0(.)::J--Q)(.)c.QQ)o:e--..q"CcII<t1en'E.a0<tl3:c:0)..-·u.;0-(t')c:-00:.;::;=<t!0(.)-·-cr>-§IIa..eno"Cen.....Q)0-..-3:<t!_:"Cc(j)-::J(j)0)0C\lcu:0-c.<tl.....Q)Q)06..c3:.J

## 0 

# EC'EJ'V'E'D· I{_"

__:, .·. ,. /

- _c 

### JUL 10

## 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) 17.8.102, 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.**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 acopy made available fortheir 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 laterthan 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 ofPublication

3 STATE OF MONTANA County ofCuster

Mary Halvorson, being duly sworn on heroath, says that
she has been the principal clerk ofthe printerofthe
MILES CITY STAR, a daily newspaper ofgeneral circulation, printed and published at Miles City, in said County and State. ThatThe Public Notice ARM 5019-
168. A printed and true copy which, cut from the
columns ofsaid newspaper, is hereto attached, and made

a part hereof, was printed and published in said
newspaper, in the regular and entire issue ofevery number ofthe paper duringtheperiod, 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 ofMontana, residing at Miles City. My Commission Expires October 31,2009.

### * * * Proof of Publication* * *

# ~lassified/Ravalli Republic Putus to workforyou 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, MT59840 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

· ARM5019·169 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 IMPLEMENTATIONPLAN (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 INTERNALREFERENCES TOCAlVlR FORCONSISTENCY.

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 lNTOTHE 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 1Ad 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 examinerforthe Board of Environmental Review (Board) in Room 35 of the Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 airquality 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 adoptingthe most current edition ofthe Code of Federal Regulations (CFR), U.S. Code, and ARMinARM 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 airquality rules would affect parties regulated bythe 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 incorporationof the proposed amendments into the existing ARM and on the inclusion of the proposed amendments intothe SIP. 6) Interested persons mayviewthe proposed rules onthe Secretaryof 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 fortheir 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, 2009toadvisethe Board'ssecretaryof the nature of the accommodation that you need. Please contact the Board Secretary at P.O. Box200901, Helena, Montana 59620·0901; phone (406) 444·2544; fax (406) 444-4386; oremail "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 laterthan 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, MT59101 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 ofThe Billings Gazette, a newspaper of general circulation published daily in the Cityof Billings, in the County ofYellowstone, State of Montana, and has charge of the Advertisements thereof. Thatthe: 5· fOI.**~'.>legal** regarding: ARM5019-170 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 ifcertificatation for the State of Montana. _,.;&,_I herebycertifythat 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 ofthe minimum rate charged any other advertiserfor publication ofadvertisement, set inthe same size type and published for the same numberof insertions. Ifurther certifythatthis claim is correct**a~,** and !hat**paymeo~e** · a oot bee<Hece;,ed.

STATE 0 ONTANA County ofYellowstone 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 arfirst above written.



## TammyHaar

Page 1beforethat 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 MontanaDepartment 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 examinerforthe Board of Environmental Review (Board) in Room 35 ofthe Metcalf Building, 1520 East 6th Ave., Helena, Montana, regarding the amendment ofthe 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 ofthose 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 ofthe 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 ofAppeals 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 pursuantto 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 ofthe proposed amendments into the existing ARM and on the inclusion ofthe proposed amendments into the SIP.

EnforcementDivision • Permitting & ComplianceDivision • Planning, Prevention & Assistance Division • Remediation Division

### 6) Interested persons may view the proposed rules on the Secretary ofState'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 fortheir 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 ofthe nature ofthe 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 ofthe 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 ofproposed 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 STEPHENBLANKENSHIP FORD GENESIS INC CHRISTENSENMOORE 925 L ST STE 390 POBOX 1660 COCKRELL SACRAMENTO CA95814 TROYMT 59935 POBOX7370



# '-... KALISPELL MT 59904-0370 BARBDOWSKI LAERICKSON- JAMESFLANSBURG REG MANAGER QWESTEH & S ASARCO TROYUNIT HAYSLODGEPOLESCHOOLS 1855 SFLATIRONCOURT POBOX 1660 BOX 110 BOULDERCO 80301 TROYMT 59935 HAYS MT 59527

ALAN FRONBERG PEGGYFRUIT RONALD GEHRKE GLACIERENGINEERING PC TOWN OFBROADlU§ BIG SKYMINING CO 1241STAVE SSTE 17 POBOX659 POBOX97 GREAT FALLS MT 59401 BROADUSMT 59317 COLSTRIPMT 59323

JOHNGERHART LYNNHILL TAMMYJOHNSON POBOX283 MSE-HKMINC ENVIRONOMICSINC BELT MT 59412 POBOX7010 POBOX 1026 SHERIDANWY 82801 WHITEHALLMT 59759

DICKJUNTUNEN BOB KELLY JERRYD. KNUTSON RESOURCE MGMTASSOCIATES INTERTEC WESTTECHSUPPLY & 259 MCCLELLAN CREEKRD 619 SW HIGGINS STE S SERVICES CLANCYMT 59634 MISSOULAMT 59803 POBOX80711 BILLINGSMT 59108 r4.....HAEL J LUCIANO JOHNMCKENNA WALTERL MCNUTT FARMHARVESTING OFEUREKA ETS INTERNATIONAL AG EQUIPMENTSALES POBOX 1050 1401 MUNICIPALRD NW 110 12THAVE SW EUREKAMT 59917 ROANOKEVA 24012-1309 SIDNEYMT 59270

STEVE PILCHER JIMRAMAKER FRED STEELE POBOX 1715 POBOX760 CSKTTRIBALHEALTH HELENAMT 59624-1715 CHOTEAUMT 59422 BOX880 ST IGNATIUS MT 59865

LILATAYLOR GERALD WAGNER HC42BOX595 BLACKFEETTRIBAL PACK & COMPANY CONST BUSBYMT 59016 POBOX2029 POBOX8150 BROWNINGMT 59417 KALISPELL MT 59904-1150

# ~ EmaiiAddr_ FullName_ 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 cash1230@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 GaryJackson 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.corJagadeesan 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 JeffChaffee 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 JoeAline 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 mcferrins@mt.net Felecity McFerrins mclaundr@midrivers.com Alan Glueckert mcsani@3rivers.net Ralph Hamler mhillman@trinityconsultants.com Melissa Hillman Mike_Philbin@mt.blm.gov Mike Philbin 

# L mikel@rlkhydro.com Mikel Siemens Mitchell.Leu@plumcreek.com Mitchell Leu mitsi@qwest.net Riley Johnson mmca@mttrucking.org Montana Motorcarriers mmeadows@sfwmd.gov Molly Meadows mpa@montanapetroleum.org Dave Galt mpontiff@newfield.com Mike Pontiff mrlambrecht@pplweb.com Mark Lambrecht msimonich@helenahar.com Mark Simonich mtaudubon@mtaudubon.org Montana Audubon mtcoal@aol.com Bud Clinch mwignot@hydrometrics.com Michael Wignot nickgeranios4317@msn.com Geranios Enterprises Inc nturnbull@montola.com Neil Turnbull obarta@mt.gov Oline Barta parker-christensen.victoria@epa.gov Victoria Parker-Christensen Parker -Christensen.Victoria@epamail.Victoria Parker -Christensen parkside@bigsky.net Jennifer Swearingen Pat.kimmet@chsinc.com Pat Kimmet pat@crowleyconsultants.com Pat Crowley patels3@hotmail.com pate! patty@johnsonlanematerials.com Patty paul.hairston@e-faenews.com Paul Hairston pauldsherrpc@yahoo.com Paul pcollins@crowleylaw.com P. Collins philip.chambers@usmc.mil Phil Chambers**~** pjsimonich@pplweb.com Pete Simonich

# \.. pkukay@hotmail.com Paul Kukay pnavratil@encoreacq.com Patrick Navratil randall.j.richert@conocophillips.com Randall Richert rbhansen@iastate.edu Ben Hansen rct205@lehigh.edu rdaniel@ravallicounty.mt.gov Rod Daniel rdriear@centurytel.net Ralph Driear 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 rgilson@cbmainc.com Robert Gilson rhughes@rmsmanagement.com Rose Hughes rick.stefanic@bia.gov Rick Stefanic Rick.Walsh@Northwestern.com Rick Walsh ricklarson@bsb.mt.gov Rick Larson rjeffrey@mt.gov Robert Jeffrey roark@imt.net Carol Lee-Roark RProctor@coloradoenergy.com Rodney Proctor rr@hayfam.com C.E.Robertson rsouthwick@gr-northern.com Rich Southwick Runningelkcliff@aol.com Running Elk 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 StacyAguirre steph.nelson@gallatin.mt.gov Stephanie Nelson stevew@bkbh.com Steve Wade susanalise@cox.net Susan swhite@co.cascade.mt.us Steve White swright@cfaluminum.com Steve Wright szehntner@mt.gov Steve Zehntner tadd.berger@erm.com Tadd Berger tander@wyo.gov Tina Anderson tedk@ycchd.org Ted Kylander teverts@mt.gov Todd Everts therriaults@ho.missouIa.mt.us Shannon Therriault 

# '-' thodik@centurypaving.com thomas.pick@mt.usda.gov Tom PickTim.Roark@gallatin.mt.gov tiphlmiller@yahoo.com tjewett@NPCA.ORG tkircher@stillwatermining.com Todd.O'Hair@riotinto.com tom.gibbons@tetratech.com toppinj@msn.com townofalberton@blackfoot.net tquarles@retec.com twardoskib@niaid.nih.gov twidboom@barr.com victor.m.dugan@exxonmobil.com videtich.callie@epamail.epa.gov VJLanz@yahoo.com walkers@ci.billings.mt.us wardell.john@epa.gov Wburget@peabodyenergy.com whitem@dawsoncountymail.com wildcovenants@msn.com william.rogers@deq.idaho.gov wjacobs@flathead.mt.gov wlneumiller@pplweb.com woodproducts@mt.net Tim Roark Tiphanie Keefe Tony Jewett Tom Kircher Todd O'Hair Tom Gibbons toya Diane Jodsaas Tim Quarles Barri Twardoski Tony Widboom Victor M. Dugan Callie Videtich Vanessa Lanz Scott Walker John Wardell Wanda Burgett MikeWhile Linda Dwarak Bill Rogers Wendee Jacobs Bill Neumiller Ellen Engstedt

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# --* Coriiilient•Due• 

### "'" bii&

-:·· 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•Jb d i•Jisionsl0 n-site Subsurface Helena, Montana WastewaterTreatmen!;, Public Water and Sewage Systems Reguirements, CECRA Remediation

- Deeartment Circular DEQ-4 and**Gra~·** Water Reuse

- MAR Notice No. 17-288) 1:45 p.m. Room 35, Metcalf I 5:00p.m. Notice ofPublic 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 ofPublic Hearing on Proposed Julv 27, Building, 1520 East August 3, Amendment (Air Quality

- Incor12oration**b~·** 2009 SiHth AOJenue, 2009 Reference ofCurrent 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 ofSolid Helena, Montana Waste Landfill Facilities

- MAR Notice No. 17-284) 

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## I

### 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 astate with authority and delegation for the administration ofvarious 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 ofthe Code of Federal Regulations and revisions to state administrative rules published in the December 31, 2008 edition ofthe 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 ofemission standards that have been developed on the federal level pursuant to afederal program ofemissions 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 ofthese amendments to EPA for inclusion into the State Implementation Plan.

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

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### L~'.,!i_;,-r:-:.L

# /-

,_, 

### 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 . 302 , 17 . 8 . 7 67, 17 . 8 . 802 , 17 . 8 . 902 , 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 ofProject: Proposed Amendment ofAir QualityIncorporationbyReference Rules MARNoticeNo. 17-28S
PRIVATEPROPERTY ASSESSMENT ACT CHECKLIST
DOES THE PROPOSED AGENCY ACTION HAVE TAKING ORDAMAGING IMPLICATIONS ,..,) UNDERTHE PRIVATE PROPERTYASSESSMENT ACT?
YES NO 

### X 1. Doesthe actionpertain to land orwatermanagement orenvironmentalregulation affectingprivatereal propertyorwaterrights? 

### X 2. Does the actionresult in either apermanent orindefinitephysical occupation of private2foperty? 

### X 3. Does the action deprivethe owner ofall economicallyviableuses ofthe property? 

### X 4. Doesthe action deny a fundamental attribute ofownership? (Ex.: right to exclude others; right to dispose oftheproperty) 

### X S. Does the actionrequire apropertyownerto dedicate aportionofpropertyorto grant an easement? [Ifthe answer is NO, skip questions Sa and 5b andcontinue withquestion 6.] Sa. Is there a reasonable, specific connectionbetweenthe governmentrequirement and legitimate state interests? 5b. Is the governmentrequirementroughlyproportional to the impact ofthe proposed use oftheproperty? X 

### 6. Doesthe action have a severe impact onthe value ofthe property? (Consider economic impact, investment-backed expectations, and the character ofthe government action.) X 

### 7. Doesthe actiondamage thepropertybycausing somephysical disturbancewith respect to the propertyin excess ofthat sustainedbythepublic generally? [Ifthe answer is NO, do not answerquestions 7a- 7c.] 7a. Is the impact ofgovernment action direct, peculiar, and significant? 7b. Has government actionresulted in thepropertybecomingpracticallyinaccessible, waterlogged., orflooded? 7c. Has government action diminishedpropertyvalues bymorethan 30% and necessitatedthephysical taking ofadjacentpropertyorproperty across apublic way from thepropertyinquestion? X 

### Taking ordamaging implications? (Takingordamaging implications exist ifYES is checked in responseto question 1 and also to any one ormore ofthe following questions: 2, 3, 4, 6, 7a, 7b, or7c; orifNO is checkedinresponse toq_uestion Sa or Sb.

### tt'~) 

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## NO WRITTENPUBLIC TESTIMONY WAS RECEIVED

### BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA
In the Matter ofthe Amendment ofARM 17.8.501, 17.8.504, 17.8.505 and 17.8.514pertaining to definitions permit application fees, operation fees and openburning fees ) ) ) ) ) 

### PRESIDING OFFICERREPORT

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 35ofthe Metcalf Building, 1520 East SixthAvenue, Helena, Montana, to take public comment on the above-captioned proposed amendments. The amendments follow the directives set forth inthe Clean AirAct ofMontanato adopt a schedule offees for permits, permit applications, and registrations.
2. Notice ofthe hearing was contained in the MontanaAdministrative Register (MAR), Notice No. 17-286, published on June 25, 2009, inIssue No. 12

atpages 958 through 963. A copy ofthe notice is attached to this report. (Attachments are provided inthe same order as they are referenced in this report.)
3. The hearingbegan at 1:45 p.m. Lesofski Reporting Servicerecorded the hearing.
4. There were no members ofthe public at the hearing. Atthe hearing, the Presiding Officer identified and summarizedthe MARnotice and read the Notice ofFunctionofAdministrative Rule Review Committee as required by
Mont. Code Ann. § 2-4-302(7)(a).

### SUMMARY OFHEARING 5. Ms. Debra Wolfe, a planner withthe AirResources Management
Bureau withthe Montana Department ofEnvironmental Quality ("Department") submitted a written statement and gave abrieforal summary ofthe amendments at the hearing. (The written statement is attached.)
6. No otherwritten comments were submitted.
7. A written memorandum was submitted from Department staff attorney, David RusoffwithHB 521 and HB 311 reviews ofthe proposed amendments and aPrivate Property AssessmentAct Checklist. (Mr. Rusoffs memorandum is attached to this report.)
8. The HB 521 analysis is not required concerningthe amendments
becausetheyrelate solely to air qualitypermit application fee rules, air quality operation fee rules, and air quality major openburningpermit application fee rules. The "applicability" section ofHB 521 stated that [this act] does not apply to the establishment offees orpublicparticipationrequirements.
9. With respectto HB 311 (the PrivatePropertyAssessmentAct, Mont. Code Ann. §§ 

### 2-10-101 through 105), the BoardofEnvironmental Review ("Board") is required to assess the taking ordamaging implications ofaproposed rule or amendments affectingthe use ofprivate real property. This rulemaking affects the use ofprivate real property. A PrivatePropertyAssessmentAct Checklist was prepared, which shows thattheproposed amendments do nothave taking or damaging implications. Therefore, no further assessment is required.

### 10. The period to submit comments ended at 5p.m. on August 3, 2009. 

### PRESIDING OFFICERCOMMENTS
11. The Boardhasjurisdictionto make the proposed amendments. See
Mont. Code Ann. §§ 75-2-111, 75-2-220, and 75-2-234.
12. The conclusions in the memorandum ofMr. Rusoffconcerning
House Bill 521 (1995) and House Bill 311 (1995) are correct. 13. Theprocedures required by the MontanaAdministrative Procedure Act, including public notice, hearing, and comment, have been followed.
14. TheBoard may adopt the proposedrule amendments, reject them, or adopt the rule amendments withrevisions not exceeding the scope ofthe public
notice. 15. UnderMont. Code Ann. §2-4-305(7), for the rulemakingprocess to be valid, the Board must publish anotice ofadoption within six months ofthe date
the Boardpublishedthe notice ofproposed rulemaking in the Montana Administrative Register, orbyDecember 25, 2009. Datedthis

___day ofSeptember, 2009.

KATHERINE J. ORR 

### Presiding Officer

# BEFORETHE BOARD OF ENVIRONMENTALREVIEW OF THESTATEOFMONTANA
Inthe matter ofthe 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 ofcurrentfederal regulations and othermaterials into air quality rules

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT TRANSCRIPTOFPROCEEDINGS

Heard at the MetcalfBuilding 1520West SixthAvenue Helena, Montana July 27, 2009 1:30PM

SUSANJOHNSON, RPR Lesofski Court Reporting, Inc. 7West 6'h Avenue, Suite 519

Helena, Montana59601 (406)443-2010

# ~ 1 2 3 4 5 6 7 8 9 10 11 12 

# \.. 13 14 15 16 17 18 19 20 21 22 23 24 25 

### 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.

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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. 20 21 22 23
24 25 

### 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 interimreview

committees and the EQC have administrative rule review,

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# '--- 25 3



### 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., 406-443-20104



### 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

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### 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.

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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

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### 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

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### 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 \\

\

## ('~({;-

# \LtLl 

# I
-= 

### SUSAN JOHNSON, RPR**··.~:()11".:..'** 3**·.~:~;:** 5/'(.l)·t 'I

## Montana 

# BoardofEnvironmentalReview

P. 0. Box 20090I • Helena. MT 59620-090I • (406) 444-2544 • Website:**\'.~'W.deq.state.mt.us** AGENDA BOARD OF ENVIRONMENTAL REVIEW FRIDAY, OCTOBER 2, 2009 STATE CAPITOL BUILDING, ROOM 152 1301 EASTSIXTH AVENUE, HELENA, MONTANA ************************Please Note*********************** Board members will participate via teleconference. Board attorney and DEQ staffwill be present at above location (note change) Members ofthe public are welcome to participate at the above location. Ifa teleconference line is needed,the Board Secretarymustbe 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 mightnot address the specific agenda items in the orderthey are scheduled. Persons with disabilities, whoneed an accommodation in ordertoparticipate in this meeting, should contactthe Board Secretary at ( 406) 444-670I. 9:00A.M.
I. ADMINISTRATIVE ITEMS A. REVIEW AND APPROVE MINUTES I. July 24, 2009, Boardmeeting. ATTACHMENT II. BRIEFING ITEMS A. CONTESTED CASE UPDATE 1. Cases assigned to Hearing OfficerKatherine Orr

a. In the matter ofCR Kendall Corporation's request for a hearing to appeal DEQ's decision to deny a minorpermitamendmentunderthe Metal Mine Reclamation Act, BER2002-09 MM. An EISonthe mine closure plan is on hold until collection ofwater quality data is completed. Once the data has been collected, the EIS will be completed and the case may become moot. The case is stayedpending completion ofthe EIS. The parties anticipate completion oftheEIS in 2009. b. In the matterofViolations oftheWater QualityAct by ASARCO, Inc., BER2005-09 WQ. A Stay ofProceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by the Department ofthe bankruptcy proceeding.

c. In thematterofthe appealand requestfor hearing byMontanaEnvironmentalInformation 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 retainedjurisdiction on this case to hear contested case matters.) On August 19, 2009, the Board received Respondent-IntervenorSouthern Montana Electric'sMotion to Dismiss Appeal with Prejudice andMemorandum in Support. On September 2, 2009, the Board received Appellant'sResponse to SME'sMotion to Dismiss with Prejudice. Noreply briefhasbeen filed. d. In the matter ofviolations ofthe Metal Mine Reclamation Act by Saturday Sunday, LLC. Deer Lodge County, BER 2009-02 MM. The Department ofEnvironmental Quality filed a Motionfor Summary Judgment on May 26, 2009. The Appellant filed an Opposition to the Department's Motionfor Summary Judgment and Cross-Motionfor Summary Judgment on June 11,2009. The Department filed aReplyBrief on June 29,2009. In view ofthemotions, the hearing examiner issued an Order Vacating Dates in First Prehearing Order on June 17, 2009,

Pagel of4postponing the hearing unti} further notice. The Hearing Examiner issued a Proposed Order on Cross Motionsfor SummaryJudgment on September 22, 2009.

e. In the matter ofviolations ofthe Montana PublicWater 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 ofthe Notice ofViolations ofthe 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 aProposedSchedule 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 Departmentfiled The Department'sMotion to Compel and for Sanctions. No response was filed by Sheep Mountain. h. In the matter ofviolations ofMontana Public Water Supply Laws by Anaconda Country Club, Anaconda, DeerLodge County,BER2009-12 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 orfile a proposed hearing schedule. 2. Cases in litigation

a. In the matter ofthe Notice ofAppeal and Request for Hearing ofthe Citizens Awareness Network, Women's Voices for the Earth, and the ClarkFork Coalition regarding DEQ's approval of the Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, BER 2006-18 AQ. Petitioners filed aNotice ofAppeal to the Montana Supreme Court on January 30, 2009. The Petitioners filed their Supreme Court briefon 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 briefby the Petitioners is due within 14 days after service ofthe 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 ifSME intends to abandon the coal plant project and requesting that the court convene a status conference with the parties to determine the status ofthe project. III. ACTION ITEMS A. REPEAL, AMENDMENT ORADOPTION OF FINAL RULES 1. In the matter ofproposed adoption ofthe amendments ofARM 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 of4 October 2, 20093. In the matter ofproposed adoption ofthe amendments ofAdministrative Rules ofMontana (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 ofthe Code ofFederal Regulations. New rules include adoption ofnew 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 ofthe proposed amendments to the Administrative Rules ofMontana (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, 17.38.10I, 17.55.102, Department CircularDEQ-4, and the adoption ofNew Rules I and II pertaining to gray water reuse, as modified in response to public comment, that were proposed in May2009. ATTACHMENT B. NEW CONTESTED CASEAPPEALS 1. In the matter of violation of the Montana Underground Storage Tank Act by Stockton Oil Company at Soco Express #10, Yellowstone County, BER2009-14 UST. The Boardreceived 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, informingthe Boardthatthe parties have agreed to dismiss the case and expectto 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 Boardmay appoint a permanenthearing examinerordecideto hearthe matter. ATTACHMENT 4. In the matter ofviolations 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 ofthe 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 examinerordecide to hearthe 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 ofviolations ofthe 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 of4 October2, 2009UST. On August 24, 2009, the DEQ filed a Stipulation to Dismiss, signed by both parties. An Order of Dismissal will bepresented for signature by the Chair. ATTACHMENT 3. In the matterofthe request for hearing by Sandy Rose regardingthe Notice ofviolation 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 Stipulationfor Dismissal. An Order ofDismissal will be presented for signature bythe Chair. A TTACl-lMENT 4. In the matter ofthe appeal by the River Rock County Water and SewerDistrict 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 ofDismissal will be presented for signature by the Chair. ATTACHMENT 5. In the matter ofMontana Public Water Supply Laws by Headwaters Livestock Auction, LLC at Headwaters LivestockAuction, Three Forks, Broadwater County, BER 2009-13 PWS. On September 16, 2009, the parties filed a Stipulationfor Dismissal. An Order ofDismissal will be presented for signature by the Chair. ATTACHMENT 6. In the matter ofthe appeal by Southern Montana Electric (SME) regarding its Air Quality Permit No. 3423-00 for the Highwood Generation Station, BER2007-06 AQ. On September 23, 2009, SME filed a PetitionerSouthern Montana Electric'sNotice ofVoluntary Dismissal. An Order of Dismissalwill be presented for signature by the Chair. ATTACHMENT D. OTHERACTION ON CONTESTED CASES 1. In the matter ofviolations ofthe Montana Water Quality Act by Wilderness Club, LLC., at the Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 .WQ. (The Board has retainedjurisdiction on this case to hear contested case matters.) OnMay 14, 2009, the Wilderness Club filed a Motionfor Summary Judgment. On June 11, 2009, the Board received a DEQ Briefin 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 Examinerissued a Proposed OrderDenyingMotionfor SummaryJudgment. ATTACHMENT IV. GENERAL PUBLIC COMMENT · A. Underthis item, members ofthe public may commenton any public matter within thejurisdiction ofthe Board that is not otherwise on the agenda ofthe meeting. Individual contested case proceedings are not public matters on whichthe public may comment. V. ADJOURNMENT

BERAgenda Page 4 of4 October2, 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 131 

### 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 21 22 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 151 

### 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

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### ______ __,.._,___ ·.

'ilont:lna (:;ode Annotated
vJT Administrative Rules (Title 17)

Se.:lrch r1'1T Administrative Rules**~ule** Notices Notices •Nith Hearing Notices •Nithout Hearin•;J Negotiated Notices Final Adoption Notices Transfer Notices 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 ofthe amendment ofARM ) 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 ofthe 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 ortestimony 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 chapterwhere the board has: (a) adopted a federal regulation by reference, the reference is to the July 1, 2008, edition ofthe Code of Federal Regulations (CFR); (b) adopted a section ofthe United States Code (USC) by reference, the reference is to the 2000 edition ofthe USC and Supplement V (2005); Page 1of 1



### (c) adopted another rule ofthe department or ofanother agency ofthe state of Montana by reference, the reference is to the December 31, 2008, edition ofthe Administrative Rules of Montana (ARM). (2) For purposes ofthis chapter, the following subparts, or portions thereof, of40 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, orfor which Modification or Reconstruction is Commenced on orAfter 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 ofthis chapter, the following subparts, or portions thereof, of40 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 ofAppeals, 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 ofAppeals, D.C. Circuit; (c) 40 CFR 63, Subpart DDDDD, National Emission Standards for HazardousAir 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 ofAppeals, D.C. Circuit; (d) portions of40 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 ofAppeals, 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.

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17.8.302 INCORPORATION BY REFERENCE (1) Forthe purposes ofthis subchapter, the board adopts and incorporates by reference the following: (a) 40 CFR Part 60, pertaining to standards ofperformance for new stationary sources and modifications, with the following exceptions: (i) 40 CFR 60.1500 through 1940 and tables 1through 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 ofthe economy. (2) A copy of materials incorporated by reference in this subchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 

### E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal 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 Centerfor 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 ofthe 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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### 17.8.767 INCORPORATION BY REFERENCE (1) Forthe purposes ofthis 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 ofthe Department of Environmental QualityAir 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 offederal 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 Centerfor 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 /natlibra!libraries.htm. (4) Copies ofthe 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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### 17.8.802 INCORPORATION BY REFERENCE (1) For the purposes ofthis 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 ofperformance 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

# asystem of industrial classification and definition based upon the composition and structure ofthe 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 offederal 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 Centerfor 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 ofthe 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 QUALITYANALYSIS (1) Any application for a permit pursuant to this subchapter shall contain an analysis ofambient air quality in the area that the emissions from the major stationary source or major modification would affect. Page 1of 1



### (2) For a majorstationary 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 ofthat pollutant would affect. (5) With respect to any such pollutant (otherthan nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (6) The continuous air monitoring data that is required underthis rule shall have been gathered over a period ofone year and shall represent the year preceding receipt ofthe application, except that, ifthe department determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year (but notto be less than four months) ,the data that is required shall have been gathered over at leastthat shorter period. (7) The owner oroperator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies all conditions ofsubchapter 9 may provide post-approval monitoring data for ozone in lieu ofproviding preconstruction data as required under (1)

. (8) The owner or operator ofa major stationary source or major modification shall, after construction ofthe 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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17.8.902 INCORPORATION BY REFERENCE (1) Forthe purposes ofthis 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 ofthe FCAA, as codified in 42 USC 7503, pertaining to permit requirements for permit programs in nonattainment areas; (e) sections 188 through 190 ofthe 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 ofthe economy. (2) A copy of materials incorporated by reference in this subchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal 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 Centerfor 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 ofthe 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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### 17.8.1002 INCORPORATION BY REFERENCE (1) Forthe purposes ofthis 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 ofthe FCAA, as codified in 42 USC 7503, pertaining to requirements for permit programs in nonattainment areas; (e) sections 188 through 190 ofthe 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 ofthe economy. (2) A copy of materials incorporated by reference in this subchapter is available for public inspection and copying atthe Department of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901. (3) Copies offederal 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 Centerfor 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 ofthe 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.

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