BRIAN SCIIWEITZER 

GOVERNOR 

February 10, 2010 

Carol Rushin 

OFFICE OF THE GOVERNOR 

STATE OF M ONTANA 

Regional Administrator, Acting 

USEPA, Region 8 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Dear Ms. Rushin: 

,_( ...... ' . < . ,.., ~ r I . -!-/ 

JOHN BOllLINGC:H 

LT. GOVERNOR 

On June 28, 2000, Montana submitted revisions to the Montana State Implementation Plan 

(SIP) regarding revisions to the Administrative Rules of Montana, ARM 17.8.1 01 , 17.8.308, 

and 17.8.320. Montana made this submission to ensure the adequacy of the SIP 

regarding the infrastructure-related elements of 42 USC §7 41 O(a) necessary to implement 

the 1997 National Ambient Air Quality Standard (NAAQS) for PM2.5. On February 26, 

2008, EPA promulgated a direct and final action approving the June 28, 2000, revisions. 

EPA revised the PM2.5 NAAQS in 2006. Montana's administrative rules, as approved on 

February 26, 2008, remain valid in support of the implementation of the 2006 revised 

PM2.5 NAAQS. Therefore, Montana certifies, according to 42 USC §7410(a), that its SIP 

provides for the implementation, maintenance, and enforcement of the 2006 PM2.5 

NAAQS. 

For your reference, this submission includes an attachment providing an adequacy 

demonstration of Montana's compliance with the SIP infrastructure elements set forth at 42 

USC §7 41 O(a)(2). If you have any questions regarding this action, please contact Eric 

Merchant, the DEQ's Air Quality Policy and Planning Supervisor, by telephone at 

(406)444-1457 or by email at emerchant@mt.gov. 

Sincerely, 

Governor 

Enclosure RECEIVED 

c: Monica Morales, Chief, Air Quality Planning Unit, USEPA Region 8 u.S. EPARegionS 

Kathy Dolan, Air Quality Planning Unit, USEPA Region 8 RA'sOfflce 

FEB 172010 

STATE CAPITOi, • P. 0. Box 200801 • HELENA. Mo NT ANA 59620-0801 

TEI.EPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV 
STATE OF MONTANA 

PM2.5 SIP ADEQUACY DEMONSTRATION 

Pursuant to the requirements of the Federal Clean Air Act (CAA), Montana's State 

Implementation Plan (SIP) meets the requirements of 42 USC 7410(a) for the revised 

2006 PM2.5 National Ambient Air Quality Standards (NAAQS). 

42 USC 7 41 O(a)(1) provides that each State must submit a plan "which provides for 

implementation, maintenance, and enforcement of such [primary and secondaryJ 

standard in each air quality control region (or portion thereof) within such State." 

42 USC 741 O(a)(2) generally requires plans to include enforceable emission limitations 

and other control measures, as set forth in more detail in this section, as may be 

necessary to attain and maintain the standards. 

With respect to the 1997 PM2.5 NAAQS for annual averages, Montana has one 

nonattainment area in Lincoln County (Libby Area). Historical monitoring data from the 

Libby Area indicated a violation of the annual standard under the 1997 PM2.5 NAAQS. 

The Montana Board of Environmental Review (BER) approved the Lincoln County 

Health and Environment Regulations (Lincoln Rules) on March 23, 2006 and the 

Governor submitted the subject rules to EPA for inclusion into the SIP on June 26, 

2006. 

111 2006, the short-term PM2.5 NAAQS for 24-hour averages was revised (lowered) 

while the level and form of the annual standard remained the same. The Libby control 

plan was effective in maintaining ambient PM2.5 concentrations at a level below both 

the annual and revised 2006 24-hour PM2.5 NAAQS. On October 8, 2009, EPA notified 

the State of Montana that the Libby Area was in attainment with the 2006 PM2.5 

NAAQS. 

The following review demonstrrates Montana's satisfaction of the requirements of 42 

USC 7410(a)(2)forthe protection of the revised 2006 PM2.5 NAAQS. 

Emission Limits and Other Control Measures [42 use 7410 (a)(2)(A)] 

In addition to control plan implementation for the Libby area, Montana implements a 

statewide program for permitting major and minor stationary sources of air pollution, 

including PM2.5. 

Montana's permitting program(s) require affected sources to demonstrate that source 

emissions will not cause or contribute to a violation of the NAAQS. Affected sources 

are further required to utilize best available control technology (BACT) and/or lowest 

achievable emission rate (LAER), as applicable, for emissions of regulated pollutants. 

Montana also regulates major and minor open burning activities and subjects those 

conducting open burning to BACT requirements. 

1:\wolfe\ 11 O(a)_SIP _Cert_Attachrnent FNL.doc 
Except for specific control measures adopted in BER orders, the emission limits and 

other air pollution control regulations are contained in the following subchapters of Title 

17, Chapter 8, ARM: Subchapter 1 - General Provisions; Subchapter 3- Emission 

Standards; Subchapter 4 - Stack Heights and Dispersion Techniques; Subchapter 6 -

Open Burning; Subchapter 7 - Permit, Construction and Operation of Air Contaminant 

Sources; Subchapter 8 - Prevention of Significant Deterioration of Air Quality; 

Subchapter 9 - Permit Requirements for Major Stationary Sources or Major 

Modifications Locating within Nonattainment Areas; Subchapter 10 - Preconstruction 

Permit Requirements for Major Stationary Sources or Major Modifications Locating 

within Attainment or Unclassified Areas; Subchapter 16 - Emission Control 

Requirements for Oil and Gas Well Facilities Operating Prior to Issuance of a Montana 

Air Quality Permit. 

State Rule(s) Federal Action* Action Reference 

ARM 17.8.101 et seq. approved 60 FR 36715 

ARM 17.8.301 et seq. approved 44 FR 14036 

ARM 17.8.401 et seq. approved 60 FR 36715 

ARM 17.8.401 et seq. approved 61 FR 54947 

ARM 17.8.601 et seq. approved 60 FR 36715 

ARM 17.8.701 et seq. approved 60 FR 36715 

ARM 17.8.801 et seq. approved 60 FR 36715 

ARM 17 .8.901 et seq. approved 60 FR 36715 

ARM 17.8.1001 et seq. approved 60 FR 36715 

* EPA subsequently approved revisions to many of these rules promulgated in later Federal Register publications 

except for those revisions upon which EPA failed to act and which are currently being addressed as part of a lager 

EPA Region 8 SIP backlog Initiative. 

Ambient Air Quality Monitoring I Data Systems (42 use 7410 (a)(2)(B)] 

In accordance with the requirements of 40 CFR Part 58, the Department of 

Environmental Quality (Department) operates a statewide air quality monitoring 

network, including numerous monitoring activities dedicated specifically to PM2.5. 

On an annual basis, the Department evaluates trends in industrial and economic 

development, meteorology, and population growth and makes other scientific, social, 

and geographic observations regarding areas of the state which may be adversely 

affected by emissions of air pollutants, including PM2.5. The Department, with 

participation and input by local county air pollution control agencies and other interested 

parties, makes informed decisions regarding the type, location, and schedules for 

monitoring various air quality parameters, including PM2.5. The product of this 

decision-making process, the Air Monitoring Network Plan, is made available for public 

inspection and the Department annually submits the final document to EPA. 

All of the Department's ambient air monitoring operations and resultant data is subject 

to strict quality assurance/quality control (QA/QC) processes. The Department employs 

a variety of Quality Assurance Project Plans (QAPPs), and Standard Operating 

Procedures (SOPs) to maintain the highest level of data quality. The Department's air 

monitoring and data handling QAPPs and SOPs are routinely submitted to EPA for 

review and approval. The air monitoring data resulting from these rigorous QA/QC 

processes is uploaded and stored in EPA's national air quality database (AIRS) for 

further review and analysis. 

2 
The provisions in state law for the collection and analysis of ambient air quality data is 

contained in the Clean Air Act of Montana (MT CAA), 75-2-101 et seq., MCA, and 

specifically, 75-2-112, MCA, Powers and Responsibilities of Department. The MT CAA 

is not subject to approval by EPA. 

Program for Enforcement of Control Measures [42 USC 7410 (a)(2)(C)] 

Montana's administrative rules authorize enforcement activities sufficient to ensure 

enforceable emission control measures are implemented to protect the NAAQS. 

Congress directed States to develop and implement measures to prevent significant 

deterioration (PSD) of air quality pursuant to 42 USC §§7470, et seq. and 7501, et seq. 

Pursuant to ARM 17.8.130, sources subject to the provisions of Title 17, Chapter 8, 

subchapters 8, 9, and 10, ARM (regulating construction of new or modified major 

stationary sources consistent with PSD and New Source Review (NSR) requirements) 

shall be subject to enforcement. The Department is authorized to issue a notice of 

violation, complaint regarding the source violation, and an order to take corrective 

action. 

State Rule(s) - Federal Action* Action Reference 

ARM 17.8.130 approved 71 FR 3770 

ARM 17.8.801 et seq. approved ...... .-. 

60 FR 36715 

ARM 17.8.901 et sea. approved 60 FR 36715 

ARM 17.8.1001 et seq. approved 60 FR 36715 

*EPA subsequently approved revisions to many of these rules promulgated in later Federal Register publications 

except for those revisions upon which EPA failed to act and which are currently being addressed as part of a lager 

EPA Region 8 SIP backlog initiative. 

The provisions in state law for the enforcement of emission limitations and other control 

measures, means or techniques is contained in the MT CAA, 75-2-101 et seq., MCA, 

and specifically, 75-2-111, MCA, Powers of the Board and 75-2-112, MCA, Powers and 

Responsibilities of Department. The MT CAA is not subject to approval by EPA. 

Interstate Transport [42 USC 7410 (a)(2)(D)J 

The Montana SIP contains adequate provisions prohibiting any source or type of 

emissions activity within the State from emitting any air pollutant in an amount that will 

contribute significantly to nonattainment in or interfere with the maintenance by any 

other State with respect to the PM2.5 NAAQS. 

Although the "Rule to Reduce Interstate Transport of Fine Particulate Matter and 

Ozone," (CAIR) may change significantly following EPA's rewrite of its provisions, the 

preamble to the initial CAIR rulemaking referenced analyses useful to this certification. 

In the preamble to CAIR, EPA noted: "In analyzing significant contribution to nonattainment, we determined it was reasonable to exclude the Western U.S., including the 

states of Washington, Idaho, Oregon, California, Nevada, Utah and Arizona from further 

analysis [for the purpose of interstate PM2.5 transport] due to geography, meteorology, 

and topography. 

Based on these factors, the Department concluded that the PM 2.5 and 8-hour ozone 

non-attainment problems are not likely to be affected significantly by pollution 

3 
transported across these states' boundaries. Therefore, for the purpose of assessing 

State's contributions to non-attainment in other states, we have only analyzed the nonattainment counties located in the rest of the U.S." (See "Rule to Reduce Interstate 

Transport of Fine Particulate Matter and Ozone (Interstate Air Quality Rule Preamble)". 

See 69 FR 4581. 

Additionally, in the 'Corrected Response to Significant Public Comments on the 

Proposed CAIR,' EPA responded: "Regarding modeling of all States, in the PM2.5 

modeling for the NPRM, we modeled 41 States, and found that the westernmost of 

these States made very small contributions to nonattainment in any other state. The 

nine westernmost states that were NOT modeled for the NPRM are Idaho, Washington, 

Oregon, Nevada, California, Utah, Arizona, Alaska, and Hawaii. For the revised 

modeling for the final rule, we reduced the set of States modeled (to 37 for PM] for 

reasons of efficiency. The additional 4 states NOT modeled for the final rule are 

Montana, Wyoming, Colorado, and New Mexico". (See Corrected Response to 

Significant Public Comments on the Proposed Clean Air Interstate Rule, March 2005 -

Corrected April 2005, Document ID No. EPA-HQ-2003-0053-2172, pages 200-201.) 

The results show that Montana does not contribute above the significance threshold for 

PM2.5. 

Adequate Resources [42 use 7410 (a)(2)(E)J 

No state or federal provisions prohibit the implementation of any provision of the 

Montana SIP. Montana devotes adequate resources to SIP development and 

maintenance sufficient to ensure attainment and maintenance of the NAAQS. 

The Department receives grant monies from EPA intended to fund programs to protect 

the NAAQS. The Department allocates a portion of the EPA grant money to fund SIP 

activities for attainment and maintenance of the NAAQS. In addition, Montana imposes 

and collects fees from permitted sources. Montana allocates a portion of the permit fee 

revenue to activities associated with permitting and compliance for sources of regulated 

air pollutants, including PM2.5 emissions. Montana also receives state general funds to 

conduct state air quality program activities. Montana allocates a portion of state general 

funding to non-permit air program activities, including SIP programs for attainment and 

maintenance of the NAAQS. 

The Air Resources Management Bureau has 50 fulltime equivalent positions with an 

annual budget of $6.3 million dollars for fiscal year 2010. The program funding is 

broken down as follows: $163,536 from state general funds, $1,643,940 from federal 

grants, and $4,546,047 from stationary source fees. 

The provisions in state law providing for adequate resources is contained in the MT 

CAA, 75-2-101 et seq., MCA. More specifically, those provisions are contained in 75-2-

102, MCA, Intent - Policy and Purpose; 75-2-111, MCA, Powers of the Board and 75-2-

112, MCA, Powers and Responsibilities of Department. The MT CAA is not subject to 

approval by EPA. 

The Montana Board of Environmental Review (BER) adopts regulations and the 

Montana Department of Environmental Quality implements and enforces those 

regulations, including those of the state air program. The composition and requirements 

of the BER are detailed in 2-15-3502, MCA, 2-15-121, MCA, and 2-15-124, MCA. Laws 

related to conflict of interest in Mo~tana state government are found in 2-2-201, MCA, 

4 
and 2-2-202, MCA. None of these Montana statues are subject to approval by the 

federal government. 

Stationary Source Monitoring System [42 usc 7410 (a)(2)(F)] 

Montana's administrative rules authorize the Department to require monitoring of 

emissions from stationary sources and annual submissions of all information necessary 

to complete a source emissions inventory. Affected permits require emissions 

monitoring from stationary sources of air pollution, including PM emissions. Further, on 

an annual basis, the Department compiles a state emissions inventory of all regulated 

sources for the evaluation of compliance with applicable standards and inclusion in EPA 

database. 

State Rule(s) Federal Action* Action Reference 

ARM 17.8.105 Approved 66 FR 42427 

ARM 17.8.106 Approved 66 FR 42427 

ARM 17.8.505 Not submitted State only rule 

*EPA subsequently approved revisions to many of these rules promulgated in later Federal Register publications 

except for those revisions upon which EPA failed to act and which are currently being addressed as part of a lager 

EPA Region 8 SIP backlog initiative. 

Emergency Episode Powers [42 usc 7410 (a)(2)(G)] 

On January 3, 2006, EPA approved Montana's Emergency Episode Avoidance Plan 

(EEAP) at 71 FR 19. Montana's EEAP made provision for emergency control of all 

criteria pollutants. Under authority granted by the 75-2-402, MCA, and the Montana 

EEAP, the Department may order sources of pollution to limit or cease emissions. The 

MT CAA is not subject to approval by EPA. 

Future SIP Revisions [42 usc 7410 (a)(2)(H)J 

The MT CAA invests in the BER the authority to adopt, ai:nend, and repeal rules for 

administering, implementing, and enforcing rules promulgated to regulate emissions of 

air pollutants, including rules necessary to establish measures to attain and maintain the 

NAAQS. The Governor submits for inclusion into the SIP rules determined to be 

necessary to attain and maintain the NAAQS. 

The provisions in state law providing for adoption of rules and regulations is contained 

in the MT CAA, 75-2-101 et seq., MCA. More specifically, those provisions are 

contained in 75-2-102, MCA, Intent - Policy and Purpose; 75-2-111, MCA, Powers of 

the Board and 75-2-112, MCA, Powers and Responsibilities of Department. The MT 

CAA is not subject to approval by EPA. 

SIP NAA Plan Development [42 usc 7410 (a)(2)(1)] 

The control plan for the Libby PM2.5 non-attainment area was prepared in accordance 

with the applicable requirements of 42 USC 7501-7505, as applicable. The Department 

submitted the plan to EPA in two parts on June 26, 2006 aind March 26, 2008. Montana 

is awaiting EPA's review and approval of the Libby PM2.5 control plan. 

5 
Consultation with Government Officials, Public Notification, and PSD and 

Visibility Protection [42 usc 7410 (a)(2)(J)] 

Montana satisfies EPA's requirements for intergovernmental relations. See 59 FR 

2988. Montana has not changed or revoked consultation processes since that time. 

Montana holds public meetings and hearings on all SIP revisions in accordance with 40 

CFR 51, Appendix V and Montana's open meeting laws. See 2-2-203, MCA. The MT 

CAA is not subject to approval by EPA. 

On January 3, 2006, EPA approved Montana's EEAP at 71 FR 19. Montana's EEAP 

provides for all criteria pollutants. including PM. The EEAP contains provisions for 

disseminating information regarding an exceedance of the NAAQS to appropriate news 

media, health officials, law enforcement, and others. The Department notice includes 

recommendations for actions citizens may take to reduce the impact of their activities 

and reduce their exposure. 

Montana also complies with 40 CFR §51.930 during exceptional events. 

Congress directed States to develop and implement measures to prevent significant 

deterioration of air quality pursuant to 42 USC §7471. Montana adopted permitting 

requirements for major sources proposing to modify or construct; PSD rules in 

subchapter 8 and nonattainment New Source Review rules in subchapter 9 and 10 of 

Title 17, Chapter 8, ARM. Montana continues to implement and enforce these rules. 

Montana consults with Federal Land Managers as needed and/or required. 

State Rules Action Reference 

ARM 17 .8.801 et se . 60 FR 36715 

ARM 17.8.901 et se . roved 60 FR 36715 

ARM 17.8.1001 etse. roved 60 FR 36715 

*EPA subsequently approved revisions to many of these rules promulgated in later Federal Register publications 

except for those revisions upon which EPA failed to act and which are currently being addressed as part of a lager 

EPA Region 8 SIP backlog initiative. 

EPA Region 8 is preparing a federal implementation plan (FIP) to address applicable 

federal Regional Haze Regulations. 

Air Quality Modeling/Data [42 usc 7410 (a)(2)(K)] 

Montana requires an applicant proposing to construct or modify a source of criteria 

pollutants to demonstrate the facility can be expected to operate in compliance with 

applicable law and that it will not cause or contribute to a violation of any NAAQS. 

Sources subject to the provisions of Title 17, Chapter 8, subchapters 7, 8, 9, and 10, 

ARM (regulating construction of new or modified major stationary sources consistent 

with PSD and New Source Review (NSR) requirements) shall demonstrate the facility 

can be expected to operate in compliance with applicable law and that it will not cause 

or contribute to a violation of any NAAQS. 

6 
State Rule(s) Federal Action* Action Reference 

ARM 17.8.701 et seq. approved 60 FR 36715 

ARM 17.8.801 et seq. approved 60 FR 36715 

ARM 17.8.901 et seq. approved 60 FR 36715 

ARM 17 .8.1001 et seq. approved 60 FR 36715 

*EPA subsequently approved revisions to many of these rules promulgated in later Federal Register publications 

except for those revisions upon which EPA failed to act and which are currently being addressed as part of a lager 

EPA Region 8 SIP backlog initiative. 

Absent any privacy restrictions regarding the release of proprietary business 

information, all preconstruction data and analysis regarding the results of source 

predictive modeling for purposes of NAAQS compliance is public information available 

for anyone, including EPA, to review upon request. 

Permitting Fees (42 usc 7410 (a)(2)(L)] 

Montana has an approved Title V permitting program. Montana requires an applicant 

proposing to construct or modify an air pollution source to pay an application fee, see 

ARM 17.8.504. Sources also must pay an annual operation fee, see ARM 17.8.505. 

State Rule(s) Federal Action Action Reference 

ARM 17.8.504 Not submitted State only rule 

ARM 17.8.505 Not submitted State only rule 

Consultation/Participation by Affected Local Entities (42 usc 7410 (a)(2)(M)] 

As a matter of practice, the Department consults with the local agencies when 

necessary to implement a control plan for a nonattainment area. The Department also 

meets with county/local air pollution control program staff and discusses monitoring 

issues, including monitoring for PM2.5, prior to making decisions regarding monitoring 

needs, monitor type, locations, and monitoring schedules. 

Section 75-2-112(2)U) of the MT CAA requires the Department to " ... advise, consult, 

contract, and cooperate with other agencies of the state, local governments, industries, 

other states, interstate and interlocal agencies, the United States, and any interested 

persons or groups; ... " The MT CAA is not subject to approval by EPA. 

Parties affected by Department actions, including local political subdivisions, may 

petition the BER for a hearing and address of their grievances, see ARM 17 .8.140, 

17.8.141and17.8.142. 

State Rule(s) Federal Action Action Reference 

ARM 17.8.140 Approved 66 FR 42427 

ARM 8.141 Approved - 66 FR 42427 

ARM 1 i .'8. 142 -- Approved - 66 FR 42427 ---- -

7