OFFICE OF THE GOVERNOR STATE OF MONTANA

BRIAN SCHWEITZER GOVERNOR LT. GOVERNOR



### January 16, 2009 

# RECEIVED l·\N 

## 16 2009 Carol Rushin DEQ 

### Acting Regional Administrator 

### DIRECTOR'S OFFICE USEPA, Region 8 999 18th Street, Suite 500 Denver, Colorado 80202-2466

Dear Ms. Rushin: Montana is subrrlitting revisions to its State Implementation Plan (SIP). This submission contains revisions to the following rules: ARM 17.8.102, 17.8.301, 17.8.901, and 17.8.1007. The Montana Board of Environmental Review (Board) adopted these rule amendments on October 3, 2008. This submission contains two copies ofthe Records ofAdoption as required by 40 CFR Part 51, Appendix V. For your convenience, Iwill also send two copies ofthe complete rule texts when they become available for distribution. If you have any questions concerning the contents ofthis subrrlission, please direct them to Debra Wolfe, Montana Department of Environmental Quality, at (406) 444-7916. Sincerely,

Ene. cc: Kathy Dolan 

# RECEIVED FEB 13 2009 

# umMlOWD

STATE CAPITOL • P.O. Box 200801 • HELENA, MONTANA 59620-0801 TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV

## Correspondence Management System 

# eMS Control Number: RS-G9-G00-1748-oPRA Printing Date: February 13, 2009 05:51 :05 Citizen Information Citizen/Originator: Schweitzer, Brian Organization: State ofMontana Address: Post Office Box 200801, Helena, MT 59620-0901 Constituent: N/A Committee: N/A Sub..committee: N/A
Control Information Control Number: R8-09-00Q-1748-0PRA Alternate Number: N/A Status: ForYour Information Closed Date: N/A Due Date: N/A # of Extensions: 

### o Letter Date: Jan 16,2009 Received Date: Feb 13, 2009 Addressee: R8-Regional Administrator
­ Addressee Org: EPA Region 8 ContactType: LTR (Letter) Priority Code: Normal Signature: N/A Signature Date: N/A File Code: CORR 127
- General Correspondence

- Signature File (Reading) SUbject: revisions to Montana SIP Instructions: For Your Information
-- No action required
- forwarded to Kathy Dolan P-AR Instruction Note: N/A General Notes: N/A CC: N/A
Lead Information Lead Author: N/A Lead Assignments:

Supporting Information Supporting Author: NIA Supporting Assignments:

History

Comments

Page 1 of2

# ,­

STATE OFMONTANA

RECORD OFADOPTION

ARMI7.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, and 17.8.1212

Pertainingto incorporation by reference ofcurrentfederal regulations and othermaterialsinto airquality rules.

Date ofFinalAdoption bytheBoard ofEnvironnlentalReview

October3, 2008

# RECORD OF ADOPTION Regulatory Actions TABLE OF CONTENTS (1) BER agenda granting rulemaking authority. (2) MAR notice for proposed rulemaking. (3) MAR notice on DEQ website. (4) Department testimony. (5) Department HB 311 and 521 analysis. (6) Transcript of Public Hearing (7) Written public testimony (8) SIP notice (9) SIP notice on DEQ website (10) Memoranda to newspapers of general circulation (SIP). (11) Affidavits of publication (SIP). (12) SIP notice to Interested Parties, APCAC, including address list. (13) Hearings Officer Statement (14) Department SIP testimony (15) SIP hearings officer report. (16) Transcript of SIP public meeting. (17) Supplemental MAR notice (18) Supplemental MAR notice on DEQ website. (19) Supplemental MAR notice to Interested Parties, APCAC, including address list (20) Board hearings officer report & 

## transcript. (21) BER agenda from rule adoption meeting. (22) Transcript from BER rule adoption meeting. (23) Final MAR posted on the state electronic access system. (24) Final MAR notice ofamended rule (published copy).

Prepared by: 

### Date:

# 1

# -y .l'v2orr reIr7CL 

## Board ofEnviroDJnental Revie-wAGENDA BOARDOFENVIRONMENTALREVIEW FRIDAY,MAY30,2008 METCALF BUILDING, ROOM 111 1520 lEAST SIXTH AVENUE, HELENA, MONTANA NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the Board will begin the meetirig no earlier than the time specified. However, the Board might not address the specific agenda items in the order they are scheduled. Persons with disabilities, who need an accommodation in orderto participate in this meeting, should contactthe Board Secretary at (406) 444-5270. 9:00A.M. ][. ADMINISTRATIVE ITEMS A. REVIEW AND APPROVE MINUTES 1. Apri\2\, 2008, regularly scheduled Board meeting. H. BRIEFINGITEMS A. CONTESTED CASE UPDATE 1. Cases assigned to HearingOfficerKatherine Orr
a. In thematterofCRKendallCorporation's requestfor a hearingto appealDEQ'sdecision to deny a minor permit amendment undertheMetal MineReclamation Act, BER2002-09 MM. On April 27, 200"7, Hearing Examiner Katherine Orr issued an Order Requesting Status Report. On May 16,
,- 2007, DEQ filed a Status Report. An EIS and closure plan should be completed and evaluated in 2008. b. In the matter ofViolations ofthe Water Quality Act by ASARCO, Inc., BER2005-09 WQ. A Stay of Proceedings was issuedby the HearingExaminer on January }9, 2006, upon notification by the Department ofthebankruptcy proceeding.
c. In the matter of the appeal by the Butte-Silver Bow Public Works Department, regarding Final MPDES Permit No. MT0022012, BER 2006-27 WQ. A status conference was held on March 11, 2008. The parties filed a status report on March 25, 2008, and will be preparing settlement documents. d. In the matter of the appeal by the Town of Superior, BER 2007-05 WQ, regarding final MPDES Permit No. MTOO20664, issued to the Town of Superior. On January 11, 2008, the parties filed a Requestfor Extension. Hearing Examiner Katherine Orr issued an Order Granting Extension on January 15, 2008, giving the parties until November 1, 2008, to file proposed settlementdocuments ora proposedprehearing schedule.
e. In the matter of viOlations of the Openeut Mining Act by Big Rock, LLC,at the Wheeler GravelPit, MissoulaCounty, BER2007-11 OC. On May 1,2008,theparties filed an Unopposed Motion to Continue Telephonic Prehearing Conference. Hearing ExaminerKatherine Orrissued an Order Resetting Telephonic Prehearing Conference andHearing Date. A telephonic prehearing conference is scheduledforJune4, 2008, anda hearing is scheduled for June II,2008. f In thematterofviolations oftheMontana WaterQualityAct by48 North,Pe. at SpringCreek Estates Subd.ivision, Kalispell, Montana, BER 2007-21 WQ. On January 4, 2008, Hearing Examiner Katherine Orr issued a First Scheduling Order. A telephonic pre-hearing conference is 

# _0 scheduled for July 7, 2008, and a hearing is scheduledfor July 14, 2008.

BER Agenda Page 1of3 April 4, 2008g. In the matterofthe appeal by CHS Inc. regarding its Title V operating permit No. OP1821-01 for the Laurel Refinery, Laurel, Montana, HER 2007-23 AQ. Hearing Examiner Katherine Orr issued an Order Vacating Scheduling Order'on April 24, 2008. The parties have until June 1,2008, to submit status reports regarding settlement discussions. h. In the matter ofthe appeal by ExxonMobii regarding its Air Quality Operating Permit No. OP1564-02 for the Billings Refinery, Yellowstone County, Montana, HER 2007-27 AQ. Hearing Examiner Katherine Orr issued a Second Scheduling Order on March 31, 2008. A telephonic prehearing conference is scheduled for September 11, 2008, and a hearing is scheduled for September 25, 2008. i. In the matter of violations of the Water Quality Act by Park County, Gardiner, M'f, BlElR 2008-01 WQ. On April 8, 2008, the parties filed a Requestfor Extension. Hearing Examiner Katherine Orrissued an Order GrantingSecondExtension on April 22, 2008, giving the parties until June 9, 2008, to file a hearing schedule oraproposal for settlement. j. In the matterofviolations ofthe OpeneutMiningAct by James 'fimis at theTimis Excavation Site Flathead County, MT, HER 2008-02 OC. Hearing Examiner Katherine Orr issued a First Scheduling Order on March 28, 2008. A telephonic prehearing conference is scheduled for September22,2008, and a hearing is scheduledfor October 7, 2008. k. In the matter ofviolations ofthe Montana Underground StorageTankAct byCStore,Inc. at S and S Foods, Superior,Montana, HER 2008-03 UST. The parties filed anAgreedMotionfor and Extension ofTime to File ProposedPrehearing Schedule on March 17, 2008. Hearing Examiner Katherine Orr issued an Order GrantingExtension on March 31, 2008. HI. ACTION ITEMS A. INITIATION OF RULEMAKING ANDAPPOINTMENT OF HEARING OFFICER: 1. AmendARM 17.8.505 and 17.8.514 for the annual adjustment ofair quality operation and open burning fees. Executive Summary Notice ofPublic Hearing 2. Updatethe Air QualityIncorporation by Reference Rules at ARM 17.8.102, 17.8.301, 17.8.901, 17.8.1007,17.8.1206,17.8.1212,17.8.1232, 17.8.1234, 17.8.1234,17.8.1302,17.8.1402,17.8.1502, and 17.8.1509 (annual update and housekeepingchanges). Executive Summary Notice ofPublic Hearing B. THREEYEAR REVIEW OF TEMPORARY WATER QUALITY STANDARDS The Board is**conducting~~~t~qtl~~.dby 7~-5,-312MCA,**  the three-year review oftemporary water quality standards adopted for**the·~~~:.~()~!~;M:i:iij1!g::D-i~trjct.** The Board adopted the TWQ Standards inJune 1999 and conducted a triennial review in July 2002 and 2005. The implementation plan to restore Daisy Creek, Fisher Creek, and portions ofthe Stillwater Rivers is being administered by the U.S. Forest Service. The Board will conduct a public hearing on whether the temporary standards should be modified, tenninated, or left inplace

.. C. NEWCONTESTED CASEAPPEALS 1. In the matter of appeal of March 11, 2008, letter by Schellenger Construction Co., Inc. and TutvedtFamilyPartnership attheTutvedt2 Mine Site,Flathead County,Montana, RER2008-04 OC. The Board received the appeal on April 8, 2008. On April 11 the Department filed a Motion to Dismiss with SupportingBrief. On May 12 Hearing Examiner Katherine Orr issued a First Prehearing Order giving the parties until June 2, 2008, to file a hearing schedule or a proposal for settlement. The Boardmay appoint a permanenthearing examinerordecidetohearthe matter. D. FINAL ACTION ON CONTESTED CASES 1. In the matter of the Petition for Review of Hazardous Waste Final Permit No. MTHWP-03-01 issued to Flying J Petroleums, Inc., HER 2003-14 HW. The parties filed a SIl;mlafioJ1Ior Dismissal 

# - BERAgenda Page 2 of3 May 30, 2008)-vifh**PrL~judi(;e** on April 28, 2008. An order to dismiss the case will be presented for the Board's approval. 2. 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. Hearing ExaminerKatherine Orr issued a Findings (4"Facl Conclusions qf'Law and Proposed Order on April 22, 2008. Petitioners filed exceptions to certain pre-hearing rulings and requested oral argument. The Department and TRC filed response briefs and requested clarification ofthe proposed remand order. The Department filed a motion for clarification. The Boardwill hear oral argument and deliberate on the exceptions and the clarification request and may take action onthem.

G Petitioners Exceptions [0 Findings ofFact, Conclusions ofLmv and Proposed Order o Notice ofIntent Not to File Exceptions 10 IJearingExaminer's Finding ofFact, Conclusions ofLnv and Proposed Order and Request for Clarification ofRemand Order
e TRC & DEQ's Joint Response to Petitioner"s Exceptions

@ NOTice ofPelitioncr's R.equcst for Oral Argument 0TRC and MDEQ's Joint Request for Oral Argument 3. In the matter of the appeals by Southern Montana Electric (SME), Citizens for Clean Energy (CCE) and Montana Environmental Information Center (MEIC) regarding Air Quality Permit No. 3423-00 issued to SME for its Highwood Generation Station, BER2007-06 & 07 AQ. An oral argument was held on April 21, 2008, on reply briefs and other briefing concerning the BACT analysis for PM 2.5. The Board reached a decision to remand the case to the Department. Hearing Examiner Katherine Orr will present proposed findings of**t~l.ct,** conclusions ofl;:l\v, and an order. The Board will adopt fmdings offact, conclusions oflaw, and an order either in the draft presented to the Board or in a modified form. 

# .- • DEQ's BriefConcemingl-::flect ofPermit Hemand on SME's Ahiliry to Construct its eFR Boiler • SME's BriefConcerning Effecl ofPermit Remand on Its Ability to Construct HGS Pending pm2.5­ Specific BACr Analysis • MEIC's Briefin Support ofProposed Order 4. In the matter ofthe appeal by the City ofWhitefish regarding its MPDES permitNo. MT0020184 for theWastewaterFacility, Whitefish, Montana, BER2007-24 WQ. On April 24, 2008,the parties filed a Stipulation ll11d Request.fbI' Dismissal. An order to dismiss the case will be presented for the Board'sapproval. 5. In the matter ofviolations ofthe Montana Public Water Supply laws by the City ofHelena at the City of Helena Public Water Supply System, Helena, Montana, BER 2008-05 PWS. The Board receivedthe appeal on May 13,2008. Theparties filed a Slipu!cl/ion./i)rDismL\'sal on May 15,2008. An orderto dismiss the case will bepresentedfor the Board's approval. IV. GENERALPUBLICCOMMENT A. Under this item, members ofthe public may comment on any public matter within thejurisdiction ofthe Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings are pot publicmattersonwhichthe public may comment. 

## v. ADJOURNMENT



# -
BERAgenda Page 3 of3 May 30,2008

# 2-1371­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter ofthe amendment ofARM 17.8.102,17.8.301,17.8.901,17.8.1007,) 17.8.1201,17.8.1206, and 17.8.1212 pertaining to incorporation by reference ofcurrentfederal regulations and other materials into air quality rules ) ) ) ) ) NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT (AIR QUALITY)

TO: All Concerned Persons 1. On August 6,2008, at 2:00 p.m., the Board of Environmental Review will hold a public hearing in Room 111, Metcalf Building, 1520 E. 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 5:00 p.m., July 25,2008, to advise us ofthe nature ofthe accommodation that you need. Please contact Elois Johnson at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov. 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES (1) Unless expressly provided otherwise, in this chapter where the board has: (a) adopted a federal regulation by reference, the reference is to the JUly1, 2007, 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

### At V (200& 2005); (c) adopted another rule ofthe department or ofanother agency ofthe state of Montana by reference, the reference is to the December 31, 2QOO 2007, edition of the Administrative Rules of Montana (ARM). (2) If EPA or a federal court of competent jurisdiction vacates. or otherwise nullifies. any emission standard, in whole or in part, incorporated by reference pursuant to ARM 17.8.103(1)(a) through (D, the affected emission standard or part thereof shall not be effective after the date of any such decision. (3) 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, or for which Modification or Reconstruction is Commenced on or After June 1, 2001 (40 CFR 60.2000 through 60.2265, and all associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit 13-7/17/08 MAR Notice No. 17-271

### -1372­

Court ofAppeals, D.C. Circuit. ruling. (4) 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 Hazardous Air Pollutants for Industrial. Commercial. and Institutional Boilers and Process Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and tables), as vacated June 8,2007. by the U.S. Circuit Court ofAppeals. D.C. Circuit: (d) Portions of40 CFR 63, Subpart DDDD, 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. AUTH: 75-2-111, MCA IMP: Title 75, chapter 2, MCA 17.8.301 DEFINITIONS For purposes ofthis subchapter, the following definitions apply: (1) through (16) remain the same. (17) "Process weight rate" means the rate established as follows: (a)**~for** 

### continuous or long-run steady-state operations, the total process weight for the entire period ofcontinuous operation orfor a typical portion thereof, divided by the number of hours ofsuch period or portion**thereof':"~** 

### (b)**~for** 

### cyclical or batch operations, the total process weight for a period that covers a complete operation or an integral number ofcycles, divided by the hours of actual process operation during such a period. Where the nature ofany process or operation or the design ofany equipment is such as to permit more than one interpretation ofthis definition, the interpretation that results in the minimum value for allowable emissions shall apply. (18) and (19) remain the same. AUTH: 75-2-111,75-2-203,75-2-204, MCA IMP: 75-2-203, MCA 17.8.901 DEFINITIONS In this subchapter the following definitions apply: (1) through (10) remain the same. (11) "Major modification" means any physical change in, or change in the method of, operation ofa major stationary source that would result in a significant net emissions increase ofany pollutant subject to regulation under the FCAA. (a) remains the same. (b) A physical change 

### lr1. or change in the method otoperation does not



# - MAR Notice No. 17-271 13-7/17/08-1373­

include: 

# - (i) through (20) remain the same. AUTH: 75-2-111,75-2-203, MCA IMP: 75-2-202, 75-2-203, 75-2-204, MCA 17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS (1) For the purposes ofthis subchapter, the following requirements shall apply: (a) the requirements ofARM 17.8.906, except that 17.8.906(7) through (9) 

### is are not applicable to offsets required underthis subchapter; (b) remains the same. (c) in the case ofemission offsets involving volatile organic compounds and oxides of nitrogen, offsets will generally be acceptable ifthey are obtained from within the areas specified in (1)(b). Ifthe proposed offsets would be 'from sources located at considerable distances from the new source, the department shall increase the ratio ofthe required offsets and require a showing by the applicant that nearby offsets were investigated and reasonable alternatives were not available; 

### aA€J. (d) in the case ofemission offsets involving sulfur dioxide, particulates, and carbon monoxide, areawide mass emission offsets are not acceptable, and the applicant shall perform atmospheric simulation modeling to ensure that emission offsets provide a positive net air quality benefit. The department may exernpt the applicant 'from the atmospheric simulation modeling reqUirement ifthe emission offsets provide a positive net air quality benefit, are obtained from an existing source 

# - on the same premises or in the immediate vicinity ofthe new source, and the pollutants disperse from substantially the same effective stack height; and (e) remains the same. AUTH: 75-2-111,75-2-203, MCA IMP: 75-2-202, 75-2-203, 75-2-204, MCA 17.8.1201 DEFINITIONS In this subchapter, unless indicated otherwise, the following definitions apply: (1) and (2) remain the same. (3) "Affected states" means all states that are: (a) that are contiguous to Montana and whose air quality may be affected by a source requiring an air quality operating permit, permit modification, or permit renewal; or (b) that are within 50 miles of a source requiring an air quality operating permit, permit modification, or permit renewal. (4) through (33) remain the same. AUTH: 75-2-217, MCA IMP: 75-2-217,75-2-218, MCA 17.8.1206 INFORMATION REQUIRED FOR AIR QUALITY OPERATING PERMIT APPLICATIONS (1) and (2) remain the same. (3) Insigni'ficant emissions units need not be addressed in an application for



# - 13-7/17/08 MAR Notice No. 17-271-1374­

an air quality operating permit, except that the application must include a list ofsuch


# ­ insignificant emissions units and emissions from insignificant emission emissions units must be included in emission inventories and are subject to assessment of permit fees. Emission inventories are to be calculated or estimated using accepted engineering methods which may include, but are not limited to, use of appropriate emission factors, material balance calculations, or best engineering judgement or process knowledge. Insignificant emission emissions units may be listed by category. (4) through (11) remain the same. AUTH: 75-2-217,75-2-218, MCA IMP: 75-2-217, 75-2-218, MCA 17.8.1212 REQUIREMENTS FOR AIR QUALITY OPERATING PERMIT CONTENT RELATING TO MONITORING. RECORDKEEPING. AND REPORTING (1) and (2) remain the same. (3) All applicable reporting requirements must be included in the perrriit. Each air quality operating permit shall incorporate the following requirements relating to reporting: (a) All applicable reporting requirements must be included in the permit. (b) and (c) remain the same, but are renumbered (a) and (b). (4) remains the same. AUTH: 75-2-217,75-2-218, MCA 

# -, IMp: 75-2-217,75-2-218, MCA REASON: The board is proposing to amend the air quality rules to adopt the current editions offederal statutes and regulations and state rules that are incorporated by reference. This is necessary to maintain primacy from the U.S. Environmental Protection Agency (EPA) over air quality regulation in the state and to ensure that state rules incorporated by reference are the current rules. The board is proposing to amend ARM 17.8.102 to adopt revisions to federal regulations published in the Federal Register (FR) between July 1, 2006, and June 30,2007, that are included in the July 1, 2007, edition ofthe Code of Federal Regulations (CFR). Significant revisions to the affected CFR include the following: 40 CFR Part 50: amendments to 40 CFR § 50.3; 50.6(b); 50.13: Appendices K, 

### L. No and O. Based on its review ofthe air quality criteria and national ambient air quality standards (NMQS) for particulate matter (PM), EPA revised the primary and secondary NMQS for PM to provide increased protection ofpublic health and welfare, respectively. Regarding primary standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers (pm) in diameter, PM2.5), EPA revised the level ofthe 24-hour PM2.5 standard to 35 rrlicrograms per cubic meter (l..Ig/m3), providing increased protection against health effects associated with short-term exposure (including premature mortality and increased hospital admissions and emergency room visits), and retained the level ofthe annual PM2.5 standard at 15 I..Ig/m3, continuing protection against health effects associated with



### .­ MAR Notice No. 17-271 13-7/17/08-1375­
long-term exposure (including premature mortality and development ofchronic respiratory disease). Regarding primary standards for particles less than or equal to 1**O~m** in diameter (PM1 0), EPA retained the 24-hour PM1 0 standard to protect against the health effects associated with short-term exposure to coarse particles (including hospital admissions for cardiopulmonary diseases, increased respiratory symptoms, and possibly premature mortality). Finding that the available evidence did not suggest an association between long-term exposure to coarse particles at current ambient levels and health effects, EPA revoked the annual PM10 standard. EPA revised the 24-hour PM2.5 secondary standard by making it identical to the revised 24-hour PM2.5 primary standard, retained the annual PM2.5 and 24-hour PM 10 secondary standards, and revoked the annual PM 10 secondary standard. This suite ofsecondary PM standards is intended to provide protection against PMrelated public welfare effects, including visibility impairment, effects on vegetation and ecosystems, and materials damage and soiling. EPA also revised its regulations so that air quality monitoring data showing an exceedance orviolation of the NMOS will not result in redesignation ofthe area's attainment or nonattainment status ifthe state adequately demonstrates that the exceedance orviolation resulted from an exceptional event. The regulations require states to take reasonable measures to mitigate the impacts ofan exceptional event. 40 CFR Part 51: amendments to Appendix M, finalizing Methods 203A, 2038, and 203C for determining visible emissions using data reduction procedures that are more appropriate for State Implementation Plan (SIP) rules than Method 9.



# - the method currently used. This action was requested by the states and was needed for the special data reduction requirements in their rules. The intended effect is to provide states with an expanded array ofdata reduction procedures for determining compliance with their SIP opacity regulations. 40 CFR Part 53: Subpart A. Subpart C. and Subpart E, 

### §§ 53.1: 53.2: 53.3; 53.4: 53.5: 53.8: and 53.9: Table A-1: Appendix A; 

### §§ 53.30 through 53.35 and 

### §§ 53.50 through 53.59. These changes, which apply to monitoring for criteria pollutants, were intended by EPA to reduce required monitoring for pollutants for which most areas have reached attainment, to better focus monitoring resources on current air quality challenges. The changes will also allow states and local monitoring agencies more 'Ilexibility to design their monitoring programs to reflect local conditions. 40 CFR Part 60: Addition of SUbpart 

### 1111. Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. which provides standards ofperformance applicable to manufacturers, owners, and operators of stationary compression ignition (CI) internal combustion engines (ICE) as specified in the rule: addition of Subpart KKKK, Standards of Performance for Stationary Combustion Turbines. which establishes ernission standards and compliance schedules for controlling emissions from stationary combustion turbines for which construction, modification, or reconstruction commenced after February 18, 2005: and amendments to 

### §§ 60.106(bH3l. 60.284(f), 60.752(bH2)(iii)(A), 60.754(e). Appendix A-7. Method 24, § 6.7, Appendix 8, Performance Speci'fication 2. and § 13-7/17/08 MAR Notice No. 17-271-1376­

13.2. This action amends various source testing provisions in the New Source Performance Standards (NSPS) to correct inadvertent errors and amend a testing provision. 40 CFR Part 63: Amendments to SUbpart M. National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. For existing area sources (large and small), the revisions require implementation of an enhanced leak detection and reporting (LDAR) program and prohibit the use ofexisting transfer machines. For new area sources (large and small), the revisions require implementation of an enhanced LDAR program and use of a nonvented dry-to-dry machine with a refrigerated condenser and secondary carbon adsorber. These added requirements do not apply to new coresidential sources because these sources are prohibited from using perchloroethylene (PCE). The rule prohibits the use ofall existing transfer machines two years from the effective date ofthe rule by requiring owners or operators to eliminate any PCE emissions from clothing transfer between the washer and dryer. For coresidential area sources, the rule prohibits new PCE machines in residential buildings by requiring that owners or operators eliminate PCE emissions from dry cleaning systems installed after December 21,2005. The revisions to Part 60 include amendments to Subpart EEEE, National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (NonGasoline). After promulgation ofthe NESHAP, the administrator received petitions for administrative reconsideration ofthe promUlgated rule, and several petitions for judicial review ofthe final rule were filed in the United States Court ofAppeals for the District ofColumbia Circuit. On November 14, 2005, pursuantto a settlement agreement between some ofthe parties to the litigation, EPA published a notice of proposed amendments to address some ofthe concerns raised in the petitions. In this action, EPA promulgated those amendments, adding additional vapor balancing options, and making technical corrections to the rule. EPA also amended Subpart FFFF, National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing to provide additional compliance options, modify initial and continuous compliance requirements, and simplify recordkeeping and reporting requirements. Collectively, these provisions were intended to reduce the burden associated with demonstrating compliance, without affecting emissions control orthe ability.of enforcement agencies to ensure compliance. Other proposed amendments to the rules include: the addition ofARM 17.8.102(2), allowing for removal ofaffected CFR requirements, as incorporated, without the need for rulemaking iffuture requirements contained in the CFR, and incorporated by reference, are vacated; the addition ofARM 17.8.102(3) and (4), providing exclusions from incorporation by reference for specific requirements ofthe CFR that have been vacated; and minor editorial changes to conform tothe current format ofthe Secretary of State's office and to correct typographical errors. These nonsubstantive "housekeeping" changes would amend ARM 17.8.301, ARM 17.8.901, ARM 17.8.1007, ARM 17.8.1201, ARM 17.8.1206, and ARM 17.8.1212. 4. Concerned persons may submit their 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 MAR Notice No. 17-271 13-7/17/08-1377­

E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., August 14, 2008. 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: airquality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junkvehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; majorfacility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grantslloans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Notices will be sent bye-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 Avenue, P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by completing a request form at any rules hearing held by the board. 7. The bill sponsor notice requirements of2-4-302, MCA, do not apply. Reviewed by: BOARD OF ENVIRONMENTAL REVIEW

/s/ 

### DavidRusoff BY: /s/ 

### Joseph W Russell DAVID RUSOFF JOSEPH W. RUSSELL, M.P.H., Rule Reviewer Chairman Certified to the Secretary of State, July 7, 2008.

13-7/17/08 MAR Notice No. 17-271Administrative Rules of Montana 

# Notices of Proposed .Julemaking with Hearing**r'~ontana** Code Annotated
MT Administrative Rules (Title 17) 

# I Search MT Administrative Rules 

# I

Rule Notices

Notices with Hearing Notices without Hearing Negotiated Notices Final Adoption Notices Transfer Notices Emergency Notices
Director's Office Download Adobe Reader 3:00 p.m. Room 111, Metcalf 5100 p.m. Proposed Amendment (Air Quality

- Air August 6, BuildlnCj, 1520 East August 14, Ouality 'Operation Fees and Open Burning 2009 Siwth Avenue, Helena, Montana 2009 Fees

- MAR Notice No. 17-272)

2:00 p.m. Room 111, Metcalf 5:00 p.m. Proposed Amendment (Air QlJalit.,·

­ August 6, BuildlnCj, 1520 East August 14, Incorporation bv Reference ofCurrant 2008 SiHth Avenue, Helena, Montana 2008 Federal Regulations and Other Materials Into Air Quality Rules

- MAR Notice No. 17-270 9:00 a.m. Room 35, Metcalf 5:00 p.m. Amended Notice ofPublic Hearing and July 9, Building, 1520 East July 23, 2008 Ewtension of Comment Period on Proposed 2008 SiHth Avenue, Helena, Montana Amendment, Adoption, and Repeal (Solid "'.Iaste

- Licensing and Operation ofSolid V.,taste Landfill Facilities

- MAR Notice No. 17-270) 1:00 p.m. Room 35, Metcalf 5:00 p.m. Proposed Amendment, Adoption, and May 14, Building, 1520 East May 22, 2008 Repeal (Solid Waste

- Licensing and 2009 Siwth Avenue, Helena, Montana Operation ofSQlid Waste Landfill F.:Jcilities '. MAR Notice No. 17-269) 5:00 p.m. Notice ofEwtension ofComment Period on July 18, 2008 Proposed Amendment (See 17-254 below) (\·\Iater Ou.alit'z'

- Outstanding Resource Water Designation for the Gall.atin River ­ MAR Notice No. 17-268)
I

# 4

### BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY Testimony of M. Eric Merchant In the matterofthe incorporation by reference ofair quality rules to be**considered.:Oft.,*agust.~** 

### by the Montana Board of Environmental Review. 

### My name is Eric Merchant. I am the supervisor ofthe Air Quality Policy 

### &Planning Section ofthe Air Resources Management Bureau, Department of Environmental Quality. I am here today to present testimony on behalf ofthe. Department in this matter. The Department requests thatthe Board adopt the proposed amendments to the air quality rules to incorporate by reference the current editions ofthe Code of Federal Regulations (CFR), United States Code, and Administrative Rules of Montana (ARM). The Department also supports the proposal of specific exclusions from incorporation by reference ofthe 2007 CFR because the courts have vacated affected requirements, or portions of requirements for certain emissions standards. The department believes it is inappropriate to incorporate by reference vacated federal requirements. The specific exclusion for vacated CFR requirements, or portions thereof, would be accomplished through the addition of proposed ARM 17.8.102(3) and (4). In addition, the Department supports the proposal to add ARM 17.8.102(2) which would automatically render rules subject to vacature null and void, without the need for rulemaking. The proposed amendments could affect all parties regulated by the Department under the air quality rules. The proposed amendments:

• Provide for certain exclusions from incorporation by reference ofthe 2007 Code of Federal Regulations (CFR) to make effective and consistent vacated affected requirements for emission standards or portions of affected requirements;

• Add ARM 17.8.102(3) and (4);

• Add ARM 17.8.102(2);

• Make certain non-substantive "housekeeping" revisions to ARM 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, and 17.8.1212. David Rusoff, DEQ staffattorney, prepared for the Board of Environmental Review an HB 521 review, comparing stringency of state and local rules to any comparable federal G:\ARMB\AMAP\Ru/e Development\MEM\IBR\IBR

-2008_2007CFR\BER-Eric-Testim-2008IBR.docJVJ.ru,"**l'lUl1~~ l~U,**  I t- £.- (I 

### Hearing Loca' Time & 

### Date 

### )**--,,12~~;.....:lrv'-l"·**'-­ ..,....----­ 

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# 5

# ENVIRONMENTALQlJAUfV BrianSchweitzer,Governor 

## MontanaDepartment of


# -

P.O. Box 200901 

### OFFICE MEMORANDUM TO: Board of Environmental Review Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov



### FROM: David M. Rusoff, DEQ Staff Attorney
SUBJECT: 

### House Bill 521 and House Bill 311 review for Annual Incorporation by Reference (IBR) rulemaking ARM Notice No. 17-271
DATE: 

### August 6, 2008 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 amendments to the air quality rules to: Update the rules by adopting more recent versions of federal regulations, federal statutes, and state rules incorporated by reference; Add a rule subsection providing for nullification, without the need for future rulemaking, of incorporated federal requirements upon vacature in court of the federal requirement; Exclude from incorporation certain specified federal requirements that have been vacated in court; and Make minor, nonsubstantive editorial changes to conform to the current rule drafting style of the Secretary of State's office

1

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

### and to correct typographical errors. 

# - None of the proposed amendments would make the state rules more stringent than comparable federal regulations or guidelines. Therefore, no further House Bill 521 analysis is required. HB 311 REVIEW (Assessing Impact On Private Property) Sections 2-10-101 through lOS, 

### MeA, 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**Attorn~y** 

### General's Private Property Assessment Act Checklist, which is attached to this memo. The proposed rule amendments would not: 

### * result in either a permanent or indefinite physical occupation of private property; 

### * deprive any owner of all economically viable uses of private property; 

### * deny a fundamental attribute of private property ownership; 

## * require a private property owner to dedicate a portion of property or grant an easement; 

# - 2

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

### * damage private property by causing a physical disturbance with respect to the property in excess of that sustained by the public generally. Based upon completion of the attached Attorney General's Checklist, the proposed rulemaking does not have taking or damaging implications, and no further House Bill 311 assessment is required. Ene.
DMR

3

### Name ofProject: Proposed Amendment ofAir Quality IncorporationbyReference Rules MARNotice No. 17-271 PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST



# - DOES THE PROPOSED AGENCY ACTION HAVE TAKING ORDAMAGING IMPLICATIONS UNDERTHE PRIVATE PROPERTY ASSESSMENT ACT? YES NO X 

### 1. Does the actionpertainto land orwatermanagementorenvironmental regulation affectingprivate real propertyorwaterrights? X 

### 2. Does the action result in either apermanent orindefinitephysical occupation of private property? X 

### 3. Doesthe action deprive the owner ofall economicallyviable uses ofthe property? X 

### 4. Does the action deny a fundamental attribute ofownership? (Ex.: rightto exclude others; right to dispose ofthe property) X 

### 5. Does the action require aproperty ownerto dedicate aportion ofproperty orto grant an easement? [Ifthe answeris NO, skip questions 5a and 5b and continue with question 6.] 5a. Is there areasonable, specific connectionbetween the government requirement and legitimate state interests? 5b. Is the government requirement roughlyproportional to the impact oftheproposed use ofthe property? X 

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

### 7. Does the action damage thepropertybycausing somephysical disturbance with respect to the property in excess ofthat sustainedbythepublic generally? [Ifthe answer is NO, do not answer questions 7a

- 7c.] 7a. Is the impact ofgovernment action direct, peculiar, and significant? 7b. Has government actionresulted in the propertybecomingpracticallyinaccessible, waterlogged, orflooded? 7c. Has government action diminished property valuesbymore than 30% and necessitated the physical taking ofadjacentproperty orproperty across apublic way from the propertyin question? X 

### Taking ordamaging implications? (Taking ordamaging implications exist ifYES is checkedinresponse to question 1and also to anyone ormore ofthe following questions: 2, 3, 4, 6, 7a, 7b, or 7c; orifNO is checked inresponse to question 5aor5b.

# ,~~ Signature ofReviewer 

# -



# _.

## BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

In the matter of the amendment of ARM 17.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, 

## and 17.8.1212, 

## pertaining to incorporation by reference of current federal regulations and other materials into air quality rules

TRANSCRIPT OF THE PUBLIC HEARING

Heard before Katherine Orr, presiding officer Room 111, 

## Metcalf Building 1520 

## East Sixth Avenue Helena, Montana
August 6, 2008 2:00 

## p.m. 

# ORIGINAL

REPORTED BY: CHERYL ROMSA CHERYL ROMSA COURT REPORTING P. O. BOX 1278 

## HELENA, MONTANA 59624 (406) 449-6380

### I N D E X



### PAGE


## Hearing opened by 

## presiding officer Orr

........ 3


## Comment by 

## Eric Merchant

....................... 5

. 2

### 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 

# - WHEREUPON, the**proceedi~gs** 

## were had as follows: PRESIDING OFFICER ORR: Good afternoon. This hearing is called to order. My name is Katherine Orr; I've been designated as the presiding officer to conduct this hearing on behalf of the Board of Environmental Review. Let the record show it is 2 p.m. on August 6th 1n Room 111 of the Metcalf Building. This 1S the time and place to have a public hearing on the amendment of 17.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 178.1206, and 17.8.1212, pertaining to incorporation by reference of current federal regulations and other materials into the air quality rules. Notice of this hearing 1S contained in the Montana Administrative Register, Notice NO. 

## 17-271, published on July 17th, 2008, in Issue No. 13 at pages 1371 through 1377. This public hearing is being recorded by MS. cheryl Romsa. copies of the Notice of public Hearing
on proposed Amendment are available at the table near the door for anyone who has not received a copy. written comments may be submitted no later than 5 p.m. on August 14th, 2008. Montana code Annotated 2-4-302(7)(a) requires presiding officers at rule hearings to read the Notice of


# - Function of Administrative Review committee. The notice

3

## 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 that I am required to read is as follows: Administrative rule review is a function of interim committees and the Environmental Quality council. These interim committees and the Environmental Quality council have administrative rule review, program evaluation, and monitoring functions for executive branch agencies and the entities attached to agencies for administrative purposes. In this case, the EQC has those functions for the Department of Environmental Quality and for the Board of Environmental Review. These interim committees and the EQC have the authority to make recommendations to an agency regarding the adoption, amendment, or repeal of a rule or to request that the agency prepare a statement of the estimated economlC impact of a proposal. They also may poll the members of the Legislature to determine if a proposed rule is consistent with the intent of the Legislature or, during a legislative session, introduce a bill repealing a rule, or directing an agency to adopt or amend a rule, or
a Joint Resolution recommending that an agency adopt, amend, or repeal a rule. The interim committees and the EQC welcome comments and invite members of the public to appear before them or to send written statements in order to bring to their attention any difficulties with the existing or proposed

4

## 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 

# -**,:,o'il~** 

## rules. The mailing address 1S 

### P.o. 

## BOX 201706, Helena, Montana 59620-1706. Today, we have representatives from the Department who will speak regarding these rules, and it doesn't look like
we have any opponents or proponents other than the Department. So let us hear from the Department, Mr. Eric Merchant. MR. MERCHANT: For the record, my name is Eric Merchant, and I 

## am the supervisor of the Air Quality policy 

# & planning section of the Air Resources Management Bureau, Department of Environmental Quality. I 

## am here today to present testimony on behalf of the Department in this matter. The Department requests that the Board adopt the proposed amendments to the air quality rules to incorporate by reference the current additions of the code of Federal Regulations, CFR, United Sates code, and the Administrative Rules of Montana, ARM. The Department also supports the proposal of specific exclusions from incorporation by reference of the 2007 CFR because the courts have vacated affected requirements or portions of requirements for certain emissions standards. The Department believes it is inappropriate to incorporate by reference vacated federal requirements. The specific exclusion for vacated CFR requirements or portions thereof

5

### 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 would be accomplished through the addition of proposed ARM 17.8.1002(3) and (4). In addition, the Department supports the proposal to add ARM 17.8.102(2), which would automatically render rules subject to vacatur null and void without the need for rulemaking. The proposed amendments could affect all parties regulated by the Department under the alr quality rules. These proposed amendments provide for certain exclusions from incorporation by reference of the 2007 code of Federal Regulations to make effective and consistent vacated requirements for emissions standards or portions of affected requirements; add ARM 17.8.102(3)

....'" 

## and (4); add ARM 17.8.102(2); make certain non-substantive housekeeping revisions to ARM 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, and 17.8.1212. David Rusoff, DEQ staff attorney, prepared for the Board of Environmental Review an HB or House Bill 521 review, comparing stringency of state and local rules to any comparable federal rule or regulation. The HB 521 review indicates the proposed amendments would not make the state rules more stringent than comparable federal regulations or guidelines. Therefore, no further HB 521 analysis is required. Mr. Rusoff also reviewed the proposed amendment in regard to HB 311 for an assessment of the effects of the

6

### 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 

## proposal on private property rights. His review finds the proposed action involves rules affecting the use of private real property for operation of air pollutant
sources and the Board has discretion not to take the action. Therefore, the private property Assessment Act applies to this proposed rulemaking, and completion of the Attorney General's private property Assessment Act checklist lS required. Mr. Rusoff also provided the completed checklist. Based on the checklist, the proposed rulemaking does not have taking or damaging implications,
so no further HB 311 assessment is required. And I have here to enter into the record the HB 521



# - and HB 311 review and checklist. PRESIDING OFFICER ORR: okay. MR. MERCHANT: This rulemaking and hearing has been scheduled consistently with the process requirements of the Montana Administrative procedures Act. The Department recommends the Board's adoption of the amendments to the air quality rules as proposed ln the Montana Administrative Register. PRESIDING OFFICER ORR: All right, this ends the hearing. Thank you very much. (The proceedings were concluded at 2:10 p.m.)

7

## COURT REPORTER'S CERTIFICATE

STATE OF MONTANA ) ss. COUNTY OF LEWIS AND CLARK )

I, CHERYL ROMSA, Court Reporter, Notary public in and for the County of Lewis and clark, State of Montana, do hereby certify:

That the foregoing proceedings were reported by
me ln shorthand and later transcribed into typewriting;



## ...... and that the -7- pages contain a true record of the proceedings to the best of my ability.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 19th day of August 2008.**~";** (' ,,-)/) 

## ,') '<..

. 

# \\.0 1lA.-t

# ,J/ ;-1,

## i).':~J'"Y),**L.;;x~/-** CHERYL AJ" ROMSA Court Reporter

- Notary public My Commission Expires 8/4/2011

...

# ­

8

# 7PAGE 01 000000 --08/23/1998 01:14 000000000000



### August 14, 2001 

### Elois Johnson DEQ 1520 E. SixthAv@. 

### P.O. Box 200901 Helena, MT 59620

...0001 eiohnson@mt.iQ'V

We are writing to

### expressour

### oppositiontothe

### proposed changes to 

## ARM 17.8.102 (2). This rule 

### amendment wouldprovide

### that any 

### time 

### the U.S. 

### Environmental Protection

### Agency or 

### federal 

## ooUrtnullifies orvacates any 

### portionofan emission standard, that similarMontanarules would 

### automatically be

### nulHfieclorvacated

# as well. Montanahas 

### anindependentobligationto ensure'thatits 

### administrativerules lawfully

### implement thefederal 

### CleanAir

### Act, but

### also the Clean Air

### Act of

## Montana and Montanans' "rightto a clean 

### and healthful enviroDmcnt." Mont. 

### Canst art. II, § 

### 3. 

### Montana may not

### delegate these respo115ibilitiesto the BPA.. 

### Thus, an action 

### by

### EPAto weaken environmental standards should notbe automatically.accepted as appropriate for Montana. Instead, the Board ofEnvironmental Review should 

## undertakeits 

## ownrulemaking-eonsideringthe uniquerequirements ofState law andthe needs ofMontanaand its citizens-to

### detenninewhetherthe regulatorychange is necessary and

## appropriate. Itwouldbe

## also be

### inappropriate for the Stateto automatically adoptchangesmade by

### theEPA inlight

### of

### the recent

### spate of

### courtrulings

### thathave determined

### EPA air

### quality rules to be illegal. Itwouldhave

### been premature

### for MODtaDa

### to automatically change any 

### ofits rulesbased upon tbe 

### aSsumption

## thatEPAwu

### actin!

### inthebest

### interestofMontana**citi~.** 

### It

### is extremely importantforthe

## BBR.to 

### maintainthis oversightrole to 

### guarantee the protectionofall 

## Montanans. The StatesbouldallO

### mabniDtherulemakingprocesswhen acourtrulingnullifies orvacates a portionofafeclcraI 

### emissionst8Ddard. If

### Montanalaw automatically conformedto 

### the invalidatedItimdard,

## IIIlthe

## iIlvalidated standard

### ismore stringentthan

# the pre-existini standard,then

## MontIIDawould be

### deprived ofthe opportunityto

### determine whetherit

### is appropriate to

### maiD1IUDthemore

# sbinsem standard. Montanais allowedtohave rulesmore 

### striqentthanthe

### federallovemmentwithincerrainparameters. Federal law

### only prohibits Montana from 

### have ruleithatarcweaker

### than

### federal requirements. Furthermore, 

### incircumstances wherethe invalidated standard is 

### weakerthanthepre-existing standard, State

### lawIDIX be

### changed to

### maintaincompliance withthe court 

### order and underlying
,,-.. federal statute. However, Montananeednot

### automatically adoptthe

### pre-existing standard. Instead, it

### mayfind

### an alternate

### strategy that

### more appropriate for 

### Montana. Inthese instances, 

### even if

### state law

### isDotautomatically changed, the

### strongerfederal standard willpreempt 

### MontanaJaw whilethe Statechartsa course

### ofactionto change 

### itsregulations. Therefore, 

### there_.:J{ 1 'j'jlj**I~Jl** : 1 q. uuuuuu



### is no 

### argumentthat an 

### automatic I11le change in response to a court

### orderis necessary to maintain primacy. 

### Finally7 

## Montana"sproposal

### to 

### automatically change state law

### inresponse to

### courtorders could 

### resultin 

### siptificantregulatory

### uncertainty 

### and administrative headache. Ifafederal 

### districtcourt orderis overturned in

## an appellate

### proceeding, Montanawouldhave to initiate 

### anewrulemaking proceeding to 

### adopttherulethat was 

### automatically 

### eliminatedfollowing 

### the lowercourt's decision. Perhaps no airqualityregulations are as importantto 

### publichealth as 

## emission standards. Itis critical to

### allowthepublic.

### say 

### inhowthese standards are being changed. 

### The 

### BER's rulemakina 

### proeess.

### is

### the

### mostaccessible 

### and appropriate forum for public

### involvementonthese 

### importantpublichealth

## isaues. We urgc 

### the DEQto

## withdrawthe 

## proposed chanaes to

### ARM 17.8.102 (2). 

### Please contactus 

### ifyou**~ve** 

### any 

### questions orneed additional clarification. Sincerely,



## AnneHqes 

## MontanaEnvironmentalInfonnationCenter Signing for: Jennifer Swearinlen 

### Montanans Against

### Toxic 

## BlU'Ding Jeffvan den

### Noort MontanaChapterofthe SierraClub AlexandraGorman 

### Scranton Women's 

### Voices fortMBirth

# 8MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING

1. On September5,2008 at 10:00 a.m., oras soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference ofair quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions into the SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available for their inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must notify Debra Wolfe by calling 406-444-7916 no laterthan 5:00 p.m., August 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submittheir data, views, or arguments regarding these documents at the hearing. Written data, views, or arguments may also be submitted to Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no laterthan close of hearing, September 5,2008.

# ublic Meetings By Subject or Program:

Board of Environment.91 Review
- 2008 Calendar 1DI Petroleum Tank Release Compensation Board Meeting SchedlJle 

### g Public Hearings for Notices of Proposed Rulemaking 

### /iii Statewide**T~"'DL** Advisory Group Meetings I;!I TMDL and Nonpoint Source Public Meetings
The meetings listed in the links above are not included in the list below.
DEQ will make reasonable accommodations for persons with disabilities who wish to participate in these meetings. If you require an accommodation, please contact DEQ several days'priorto the meeting to advise us of the needed accom modati0 n.

Sept 5, 2008 10:00 a,m. Metcalf Building Rm 111, 1520 East 6th Ave. Helena, MT Debra Wolfe (406) 444-7916 Public meeting to take public comment regarding incorporation by reference rules into the SIP. PIJblic Notice
r-o'lAR 17-271
July 21, 2008, 10:00 a.m. Metcalf Building, Rm 111, 1520 East 6th Ave, Helena, MT Terry 'Illadsworth (406) 841-5092 or Paul Hicks (406) 841-5095 Meeting
- to conduct the business of the Petr'Jleum Tank Release Compensation Board Agenda

John

### K:o~rth Public Meeting to present 

# I Expanded

## ;2~~~a;:~~IY 10, 2008 

# I Cooke City Fire

# Hall I. (40.6)

.. 841-50?6 info**rl!'~~i** 0':I

..**()~':I.~h~.s~atu ~........~':lq.il1~** **~~i':l9**

### Montana Department of 

# ENVIRONMENTAL

# QUAliTY Brian Schweitzer, Governor P. O. Box 200901 Helena, MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov



### DATE: July 22, 2008

TO: Brooke Summers Great Falls Tribune P.O. Box 5489 Great Falls, MT 59403 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB



# - RE: PUBLICNOTICE FORLEGAL ADVERTISEMENT. (ARM 5019-021) Pleasepublishthe attached document inthe legal sectionofyournewspaper on 

### Sunday,July 27,2008. Returnthe original affidavit ofpublication and a copy ofthe billing statementto the address below. Ourbilling number is: 14305 Montana Department ofEnvironmental Quality AirResources Management Bureau P.O. Box 200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at (406) 444-0524.MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-021 1. On September 5,2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference ofair quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions intothe SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available for their inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must notify Debra Wolfe by calling 406-444-7916 no later than 5:00 p.m., August 

# - 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submit their data, views, or arguments regarding these documents atthe hearing. Written data, views, or arguments may also be submitted to Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no laterthan close of hearing, September 5, 2008.

### Montana Department of 

## ENVIRONMENTAL

# QUALITY Brian Schweitzer, Governor P. O. Box200901 Helena, MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov



### DATE: July 22,2008

TO: Catie Poteet Helena Independent Record P.O. Box 4249 Helena, MT 59604 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB 

# .­
RE: PUBLIC NOTICE FORLEGALADVERTISEMENT (ARM 5019-022) Pleasepublishthe attached document inthe legal section ofyour newspaper on 

### Sunday,July 27,2008. Return the original affidavit ofpublication and a copy ofthe billing statementto the address below.MontanaDepartment ofEnvironmental Quality Air Resources ManagementBureau P.O. Box200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at 

### (406) 444-0524.MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-022 1. On September 5, 2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference of air quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions into the SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available for their inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must notify Debra Wolfe by calling 406-444-7916 no laterthan 5:00 p.m., August 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submittheir data, views, or arguments regarding these documents atthe hearing. Written data, views, or arguments may also be submitted to Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no later than close of hearing, September 5, 2008.

### Montana Department of 

# - ENVIRONMENTAL

# QUAUTY Brian Schweitzer, Governor P. O. Box200901 Helena. MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov



### DATE:	 July 22, 2008

TO: Jess Gordon Missoulian P.O Box 8029 Missoula, MT 59807 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB



### RE: PUBLICNOTICEFORLEGALADVERTISEMENT (ARM 5019-023) Pleasepublishthe attached document inthe legal section ofyournewspaper on

### Sunday,July 27, 2008. Return the original affidavit ofpublication and a copy ofthe billing statementto the addressbelow. Ourbilling account number is (406) 444-3490 MontanaDepartment ofEnvironmental Quality Air Resources Management Bureau P.O. Box 200901 Helena, MT 59620-0901 Ifyouhave any questions regardingthis notice, please call me at (406) 444-0524.MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-023 1. On September 5,2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference ofair quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions into the SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available fortheir inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing 

# .- accommodation must notify Debra Wolfe by calling 406-444-7916 no laterthan 5:00 p.m., August 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submit their data, views, or arguments regarding these documents atthe hearing. Written data, views, or arguments may also be submitted to. Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no laterthan close of hearing, September 5,2008.

### Montana Department of 

## ENVIRONMENTAL QUALITY Brian Schwcitlcr, Governor 

# .­

P. O. Box200901 Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### DATE: July 22, 2008

TO: Wendy Miles City Star 13 North 6th Miles Ctiy, MT 59301 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB 

# .­ RE: PUBLIC NOTICEFORLEGAL ADVERTISEMENT (ARM 5019-024) Pleasepublishthe attached document inthe legal section ofyour newspaper on

### Monday,July 28, 2008. 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 Ifyouhave any questions regardingthis notice, please call me at (406) 444-0524.

. ...._-----_._._--_.._-._-­MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-024 1. On September 5, 2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference ofair quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions into the SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available for their inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must notify Debra Wolfe by calling 406-444-7916 no later than 5:00 p.m., August 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submittheir data, views, or arguments regarding these documents at the hearing. Written data, views, or arguments may also be submitted to Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no later than close of hearing, September 5,2008.

### Montana Department of 

# ENVIRONMENTAL QUALITY BrianSchweitzer, Governor P. O. Box200901 Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### DATE: July 22, 2008

TO: TammyHaar Billings Gazette P.O. Box 31238 Billings, MT 59107 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB



### RE: PUBLICNOTICEFORLEGALADVERTISEMENT (ARM5019-025) Pleasepublishthe attached document inthe legal section ofyour newspaper on 

### Sunday,July 27, 2008. Returnthe original affidavit ofpublication and a copy ofthe billing statementto the address below.MontanaDepartment ofEnvironmental Quality Air Resources ManagementBureau P.O. Box 200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at (406) 444-0524.MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-025 1. On September 5,2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the incorporation by reference ofair quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP). 2. The proposed inclusions into the SIP would amend the incorporation by reference of certain rules to adopt the current editions offederal statutes and regulations and other state rules. 3. The proposed inclusion ofARM 17.8.102(2) would automatically render certain court-vacated requirements null and void, without the need for rulemaking. 4. The proposal also includes various non-substantive "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website at http://www.deq.mt.gov/meetings.asp or may call the Department at 406-444-7916 to have a copy made available for their inspection. 6. The State of Montana makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in state government proceedings. Persons needing accommodation must notify Debra Wolfe by calling 406-444-7916 no laterthan 5:00 p.m., August 29, 2008 to allow adequate time to arrange reasonable accommodation. 7. Interested persons may submittheir data, views, or arguments regarding these documents at the hearing. Written data, views, or arguments may also be submitted to Debra Wolfe by mail at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye-mail at dwolfe@mt.gov. All written comments must be received no later than close of hearing, September 5, 2008.

### Montana Department of 

# ENVIRONMENTAL QUALITY Brian Schweitler, Governor P. O. Box200901 Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### July 25, 2008

Interested Parties: The Board ofEnvironmental Reviewis currently consideringthe adoption ofrules incorporating by reference federal and state rule updates. Inorderto be included into the State Implementation

.Plan, public hearing notice and opportunity for comment is required. The documentproposing

the Board'sproposed amendment ofrules is available onthe website at the address included in this notice. Forthe final disposition ofthe Board ofEnvironmental Review inthis oranymatter, please see the Board's website at: http://deq.mt.gov/ber/index.asp. Please help us save paperandpostage by signing up onourwebsite to receive these notices electronically at: http://deq.mt.gov/AirQuality/AQinfo.aspornotifyingDebraWolfe,at:

- dwolfe@mt.gov or(406) 444-7916 ifyouno longerwantto be onthe Interested Parties mailing list.

# · 11

# Dvr,0,IVRD 1\,**~_.J..,** '

...J,**~,** 

# ,- JUl 3 () 2008
MT**D8~;l. ~nviron~ental**  aual_ Permitting &- Compl.anceoMsoD PJr Resources ManagementBureau

AFFIDAVIT OF PUBLICATION THE GREAT FALLS TRIBUNE 205 RIVER DR S GREAT FALLS, MT 59405

Phone: (406) 791-1444 Toll Free (800) 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 tile 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

..... NOTICE OF PUBLIC HEARING

- ARMB5019·021

Has been correctly published ONE time in the regular and entire issue of said paper on the following dates: 

### \\ \!' JULY 27TH 2008

# ~~'**t~~ I~&\i\-** 

28TH 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. On this of JULY 2008, before me the undersigned, a Notary Public of the

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

# ~Lt.4C::VUQ**1tt<..A-I~/)** Signature NOTARY PUBLIC for the State of Montana Residing in Cascade County My commission expires: : 11112109 MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING

ARMB5019-G21 1. On September 5, 2008 at 10:00 a.m., or as soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearIng In Room 111 Of the Metcalf Building, 1520 E 6th Avenue, Helena,**Mon~** tana, to take public com­ ment. regarding the in­**cor~ratlon** by reference of a,r quality rUles cur­ rentlv proposed by the Montana Board of Envir0r:tmental Review into ,the Montana State Imple­ mentation Plan (SIP).**~.** The proposed Inclusions Into the SIP would amend the IncorpOration bv reference of certain**ru!e~** to adopt the current ed,tlons of federal stat. utes and regulations and other state rUles.**~.** The proposed IncluSIon of ARM 17.8.102(2) would automaticallY render certain court-va. cated requirements null and void, Without the need for rulemaklng. 4. The propOsal also Include.s various non-sub­**~~~~~~:.** "housekeeping" 5. Interested persons may view the proposed rUles on the Depart. ment's website at**m~~f!r** rot goyl tor mav call e· epartment at 406·444·7916 to have a**co~v** .made

.available for their inSpectIon. 6. The State Of Montana makes reasonable ac­ commodations for any known. disability that may Interfere with a per­ son's abllitv to partici­ pate In state government proceedings. Persons needing accommOdatlan must notify

.Debra Wolfe bv calling 406-444-7916 no Jater than 5:00 p.m., Au­ gust 29, 2008 to allow ode. qUote time to arrange**rl~~~onabre** accommoda· 7. Interested persons**~av** SUbmit their data,**v,ew~,** or arguments re.­ gardmg these documents at the hearing. Written data, views, or argu­ ments may also be sub­ mitted to Debra Wolfe bv mall at: P.O. Box 200901 Helena, Montana**5962~** 0901, bv fax at. 406-444·1499i or bv e-maii at dwolfeOmt.gov. All written comments must be received na later than C10sa Of hearing, Septem­ ber 5, 2008. (202649) 7127.



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## Missoulian Classified 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 Ashley

### McDona~ING FIRST DULY SWORN DEPOSES AND SAYS, THAT THE ABOVE NAMED IS A REPRESENTATIVE OF THE MISSOULlAN, THE PUBLISHERS OF THE MISSOULlAN, A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF MISSOULA, COUNTY OF MISSOULA, STATE OF MONTANA, AND THAT THE SUBJOINED4rzPYtF&'CH AS PRINTED IS HERETOATIACHED, WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUEOF SAID:'

. . ...•

# ·1 .\)

. .

AD NUMBER: 3712134

MONTANA DEPARTMENT OFENVIRONMENTAL

QUALITY· NOTICEOFPUBLIC HEARING ARMBS019-023 l.ON SEPTEMBER 5. 2008 AT 10:00 A.M., OR AS SOON THEREAFTER AS CAN BE HEARD, THE DEPARTMENT ,...Ill**J~~ir'~~~~~ 8~~~TYTJ~~T~Z:~** **:Ult~~~** o E. 6TH AVENUE, HELENA. MONTANA, TO TAKE JBLIC COMMENT REGARDING THE INCORPORATION BY REFERENCE OF AIR QUALITY RULES CURRENTLY PROPOSED BY THE MONTANA BOARD OF ENVIRON­ MENTAL REVIEW INTO THE MONTANA STATE IMPLE­ MENTATION PLAN (SIP).

2.THE PROPOSED INCLUSIONS INTO THE SIP WOULD AMEND THE INCORPORATION BY REFERENCE OF CERTAIN RULES TO ADOPT THE CURRENT EDITIONS OF FEDERAL STATUTES AND REGULATIONS AND OTHER STATE RULES.

3.THE PROPOSED INCLUSION OF ARM 17.8.102(2) WOULD AUTOMATICALLY RENDER CERTAIN COURT-VACATED REQUIREMENTS NULL AND VOID, WITHOUT THE NEED FOR RULEMAKING.

4.THE PROPOSAL ALSO INCLUDES VARIOUS NON­ SUBSTANTIVE "HOUSEKEEPING" CHANGES.

5.1NTERESTED PERSONS MAYVIEW THE PROPOSED RULES ON THE DEPARTMENT'S WEBSITE AT HTIP'{fWWW PEO MT C,{WIMEETINGS ASP OR MAY CALL THE DEPARTMENT AT 406-444-7916 TO HAVE A COpy MADE AVAILABLE FOR THEIR INSPECTION.

6.THE STATE OF MONTANA MAKES REASONABLE ACCOMMODATIONS FOR ANY KNOWN DISABILITY THAT MAY INTERFERE WITH A PERSON'S ABILITY TO PARTICIPATE IN STATE GOVERNMENT PROCEEDINGS. PER­ SONS NEEDING ACCOMMODATION MUST NOTIFY DEBRA WOLFE BY CALLING 406-444-7916 NO LATER THAN 5:00 P.M., AUGUST 29, 2008 TO ALLOW ADEQUATE TIME TOARRANGE REASONABLE ACCOMMODATION.

7.1NTERESTED PERSONS MAY SUBMIT THEIR DATA. VIEWS, OR ARGUMENTS REGARDING THESE DOCUMENTS AT THE HEARING. WRITTEN DATA, VIEWS, OR AR­ GUMENTS MAY ALSO BE SUBMTITED TO DEBRA WOLFE BY MAIL AT: P.O. BOX 200901, HELENA, MONTANA 59620-0901, BY FAX AT: 406-444-1499, OR BY E-MAIL AT DWOLFE@M[GOy. ALL WRITTEN COMMENTS MUST BE RECEIVED NO LATER THAN CLOSE OF HEARING, SEPTEMBER 5, 2008.

#3712134. JULY 27, 2008. COUNTY OF MISSOULA

TO IS SUBSCRIBED TO AND ACKNOWLEDGED TO ME THAT DTHESAME.

NOT Y PUBLIC FOR THE STATE OF MONTANA RESI NG AT MISSOULA, MONTANA AUg. 

## 16 2011 MY COMMISSION EXPIRES: '



### Michelle Lake PRINTED NAME

Page 1

## REC**~=~V~ 6~'**  -'. "'

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## JUL 3 i 

## Z008 MT Dept.of EnWOnrnOi1::C,.,.,

.. ' Pennitling& Compliance Division IAir**ResOLlic~~** i/:"

,**~~** MONTANA DEPARTMENT

.OF:' ENVIRONMENTAL QUALITY**~;** NOTICE OF, PUBLIC**HEARING~** ARMB5019-024 ".• 1. On September 5.2008 at 10:oq' a.m.• or as soon thereafter as can: be heard, the' Department o(**Environm~ntal** Quality shaH.hold •• pUblic hearing in Room 111,of**th~.** Metcalf Building. 1520 E, 6tti« Avenue, Helena, Montana, to take'" public comment regarding**th~;** incorporation by,reference of air. quality rules currently proposed**by~** the Montana Board of' Environmental Review, into the' Montana State Implementation: Plan (slp)., , ': , ' 2. The proposed inclusions into the. SIP would amend the incorporation' by reference of certain rules to' adopt the current editions of feder-: al statutes and regulations and, other state rules, 3. The propoSed inclusion of ARM· 17,8.102(2) would automatically: render certain court-vacated. requirements null and void, without, the need for rulemaking, , 4. The proposal also includes vari-­ ous non-substantive "housekeep-' ing" changes. "'" '**~:** 5. Interestedpersons may**vilil~th** ... proposed rules on",**th~**
, Department's , website, at·

httP'/lwww dea ml gov/meetlngs.as· p or may,call the Department at: 406-444.7916to have a copy made, available for their inspection, • 6, The' State'of Montana makes' reasonable accommodations for' any known disabilitythat may inter-: ferewith a person's ability to partlc-. ipate in state govemment proceed-, ings. Persons needing accommo·, dation must notify Oebra Wolfe by' calling 406-444-7916 no later than: 5:00 p.m., August 29. 2008 to allow. adequate time to arrange reason·" able accommodation. • 7. Interested persons may submit. their data,' views, or arguments: regarding these, documents at the, hearing. Written data, views, or. arg\Jments may also be submitted. to DebraWolfe by mail at:**P,O~** 80'5' 200901. Helena. Montana 59620;­ 0901, by fax at: 406-444-1499,0{ bye-mail at dwolfe@mt.gov,.**AH~** written comments must be received, no later than close of hearing,­ September 5, 2008. ' (Published July 28, 2008



# - Affidavit ofPublication

3 STATE OF MONTANA County ofCuster
Mary Halvorson, being duly sworn on her oath, says that she has been the principal clerk ofthe printer ofthe MILES CITY STAR, a daily newspaper ofgeneral circulation, printed and published at Miles City, in said County and State. ThatThe Notice ofPublic Hearing ARMB 5019-024. 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 during the period, July 28, 2008.

# Signed~, 

# jW.dJcn.cc:­

Subscribed and sworn to before me this 

## 6,+4-­**--=~---** day of ,2008 

# ;'4 "<1.1,,,.e--J
Sharon Cline, Notary Public for the state of Montana, residing atMiles City. My**Com~ission** Expires October 31,2009.Ad Number: 3553974

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMB5019-025 1. On september 5, 2008 at 10:00a.m., oras soon thereafter as can be heard, the DepartmentofEnvIronmental Quality shall hold a pUb­ lic hearing In Room 111 of the MetcalfBuilding, 1520 E. 6th Avenue, Helena, Montana, to take public com­ ment regardIng the Incorporation by reference Ofair quality rules currently pro­ posed by the Montana Board Of Environmental RevIew Intothe Montana State Implementation Plan (SIP). 2. The proposed Inclusions Into the SIP would amend the Incorporation by refer­ ence Of certain rules to adopt the current editIons offederal statutes and reg­ ulations and other state**~Ies.**

The proposed Inclusion of**~M** 17.8.102(2) wouldautomatically render certain court-vacated requirements null and void, without the need fOr rUlemakIng. 4. The proposal also Includes various non­ sUbstantIve "housekeeping" changes. 5. Interested persons may view the proposed rules on the Department's website athttg·/JwwwdeD mtgov/ meetings asp or may call the Department at406-444­ 7916 to have a copy made available fOr their Inspec­ tion. 6. The State of Montana makes reasonable accom­ modations for any known disabilitythatmay Interfere With a person's ability to participate In state govern­ mentproceedings. Persons needing accommodation must notifY Debra Wolfe by calling 406-444-7916 no later than 5:00 p.m:..! August 29, 2008 toallowaaequatetime to arrange reasonable ac­ commodation. 7. Interested persons may submit theirdata, views, or arguments regarding these documents at the hearing. writtendata,Views, orargu­ ments may also be SUbmitted to Debra Wolfe by mall at: P.O. Box 200901, Helena, Montana 59620-0901, by fax at: 406-444-1499, or bye­ mail at dwolfe@mt.gov. All wrItten comments mustbe received no laterthanclose of hearing, September 5,

. ....2008. JUly 27, 2008 

### ***** 

### AFFIDAVIT OF PUBLICATION ***** 

# RECeIVEr) The BILLINGS GAZETTE 401 N. 28th 

# JUl 3'/ 

# 2008 Billings, MT 591 01**Mr~pt.Of~~~ronmentaIQua'liy** 

### Phone: (406) 657-1212 Fax: (406) 657-1**~45'Q&ComPllBnceDMSlOn/AirResourcesManagement** 

# Teresa Ao 

# Cox

----,- ---,-------,-----,-_----:-::=-, being first duly sworn, deposes and says: That she is the principal clerk of The Billings Gazette, a newspaper of general circulation published daily in the City of Billings, in the County ofYellowstone, State of Montana, and has charge ofthe Advertisements thereof. That the: 3 t:::6

### I;**\.~** legal regarding: ARMB5019-025 a true copy of which is hereto annexed, was published in said newspaper on the following dat€f: Viaj 

### 7{dJ 

### tD'6 Making all { publication(s)**M~ b~IOW**  ifcertificatation forthe State of Montana. herebycertify that I have read sec. 18-7-204 and 18-7-205, MCA, and s sequent 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 In the amount of $ 33.00 is not in excess ofthe minimum rate charged any other advertiserfor publication ofadvertisement, set in the same sizetype and published for the sam number of insertions. Ifurther certifythatthis claim is correct and just in all r ects, and that payment 0 dit has not been received.

On this day ofJul 28, 2008, before me, the**~erSigned,** a Notary Public for the State of Montana, personally appeared**'~:fr** J4=:k2 ( ,known to me to be the person whose name issubscribed to the within instrumentand 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 year first above written.

# ~q1{ '>111 p;, 

# /J**01a/l£/~YNTHIA** A 

# MANNING
NOTARY PUBLIC forthe State of Montana Residing at Billings, MT

# Q ILJ1.. 

## de-/) /1 L

## I My commission**expires:~ ~.**  <J t 0--(...1

Page 1

# 12

# MEMORANDUM TO: Debra Wolfe**~\.** 

### DATE: 

## '\J/Llu t/cY , 2008 (",4;/**'t~/!** 

### RE: Notice to interested parties and APCAC members**,~"I** .' 

### I certify that on
.(/.fA.!e

### ~;, 

### J , 2008, I malledjemailed a copy ofthe notice of public

### he~ring t6'h,embers ofAPCAC and each ofthe persons listed in the attached Interested Parties list in the matter ofthe amendment ofair quality incorporation by reference rules to adoptthe current editions offederal statutes and regulations and state rules, to include proposed ARM 17.8.102(3) and (4), and to include 

### various non-substantive corrections to rules.



# -

### Montana Department of 

# ENVIRONMJENTAL QUAUTIl Brian Schweitzer, Governor 

# -

P. O. Box. 200901**f.[elena.~T** 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### July 25, 2008

Interested Parties: The Board ofEnvironmental Review is currently consideringthe adoption ofrules incorporating by reference federal and state rule updates. In orderto be included into the State Implementation Plan, public hearing notice and opportunity for comment is required. The documentproposing the Board'sproposed amendment ofmles is available onthe website atthe address included in this notice. Forthe final disposition ofthe Board ofEnvironmental Review in this oranymatter, please see the Board'swebsite at: http://deq.mt.gov/ber/index.asp. Please help us save paper and postage by signing up onourwebsite to receive these notices electronically at: http://deq.mt.gov/AirQuality/AQinfo.aspornotifyingDebraWolfe,at:

.- dwolfe@mt.gov or(406) 444-7916 ifyou no longer wantto be onthe Interested Parties mailing list.

# - 2horses@nemontel.net Debbie Madison adambenkirane@hotmail.com sss aday@trinityconsultants.com Aaron Day ahedges@meic.org Anne Hedges ahmed.sallam@sharbatlyfruit.com ala-nr@ala-nr.org American Lung Association allenassociates@qwest. net Don Allen andrea.perez@hexion.com Andrea arnie.mohl@kniferiver.com Arnie Mohl asl@attglobalnet Alan S. Lafohn aussie northcott@hotmail.com robert azzie 301@hotmail.com k barmiger@cavtel.net William Armiger bdhohn@hohneng.com Brian Hohn bdundas@trlJecos.com Bob Dundas beamman6056@msn.com Anderson berrysoup@yahoo.com bonita bhabeck@mt.gov Bob Habeck bml@stateside.com Becky Lukaesko boschleicher@mt.gov Bob Schleicher bovard.tiberi@gmail.com Bovard Tiberi brian.zieske@malmstrom.af.mil Brian Zieske bsoamj@3rivers.net Mary Jane McGarity BSQuires@nicnd.com Bruce Squires bums.betsy@epa.gov Betsy Burns bvaughn@montana.com Barbara Vaughn carlsonj@ho.missoula.mt.us Jim Carlson cartoonsmart@mac.com Buddy Rogers cash1230@esaphaseone.com John Meyers cathyl@bkbh.com Cathy Laughner chuck.buus@riotinto.com Charles D. Buus cindymed@hotmail.com Cindy cmhd@midrivers.com Mike Rinaldi colbumm@ho.missoula.mt.us Mamie Colburn coolnickjr@hotmail.com randy lahey 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 dan.reilly@noaa.gov Dan Reilly daniel.cole86@yahoo.fr daniel cole daveduttonfraser@yahoo.com dave david long@eogresources.com David Long dblank@ncpa.org Danielle Blank dbusby@montanarefining.com DexterBusby

. dhrubes@midrivers.com David Hrubes dianewilliams194@hotmail.com Diane Williams diannalin@msn.com Dianna Lintner djncjn@interbel.net Dave Newburn dominik.enkelmann@atasystem.it d don.potts@cfc.umt.edu Dr. Don Potts dpowers@bsb.mt.gov Dan Powersdpowers@summite.com Dan Powers dquander@hollandhart.com Don Quander dsimonson@mt.gov Dave Simonson dsimpson@montana-wcc.com Dave Simpson dtooke@sustainableinc.com David Tooke dwalsh@mt.gov Dan Walsh dwolfe@mt.gov Deb Wolfe ed@mt.net Ed Santos edward. pettit@wbip.com Ned Pettit eerp@mt.gov Elton Erp ellen@rfpco.com Ellen Porter EmailAddr FullName emilieboyles@yahoo.com emilie boyles fcrowley@doneylaw.com Frank Crowley frank@shumaker.psemail.com frank gaila consulting@msn.com Gail Abercrombie geraldschlosser@benefis.org Gerald Schlosser ggraham@montanarefining.com George Graham gmcgann@co.carbon.mt.us Gregory McGann govtfeed@enstreet.com

I rohan Greg.brown@chsinc.com Greg Brown grey nicolls@hotmail.com robert hestmark.martin@epa.gov Martin Hestmark hpeterson@mtech.edu Holly Peterson hrobbins@bison-eng.com Hal Robbins huhtanendtmniaid.nih.aov Diane Huhtanen info@kakuk.com Michael Kakuk info@northernplains.org Northern Plains Resource Council jackross@nemontel.net Jack Ross Jagadeesan.Sethuraman@whiting.com Jagadeesan Sethuraman jake.weirich@edaw.com Jake Weiriich jakenny@mt.gov Jake Kenny jcarlin@mt.gov

..lim Carlin Ijchaffee@bison-eng.com Jeff Chaffee jcoefield@mt.gov John Coefield Ueff@ajaxcomputernetworking.com Jeff Jenna k 02@hotmail.com Jenna Loring jennifergoldman@ogap.org Jennifer Goldman jenomara@mt.gov Jenny O'Mara jfbriggs@smurfit.com Jeff Briggs jfladland@co.lewis-c1ark.mt. us Jason Fladland jford2@mt.gov McCloud (Joe) Ford jhepke@lclark.edu Johannes Epke jhughes@mt.gov Jim Hughes Jiakun.Zhang@stjude.org Jiakun Zhang jmparker@pplweb.com Jim Parker joe.w.lierow@exxonmobil.com Joe Lierow Joe@shumaker.psemail.com Joe Aline JOELKelm@msn.com Joel Kelm John .Jones@larltd.com John Jones jrussell@flathead.mt.gov Joe Russell jsesso@bsb.mt.gov John Sesso Ijugorowski@mt.gov Joe Ugorowskikdavid@flathead.mt.gov Kelly David kgessaman@mt.gov Kathy Gessaman khooper@libby.org Kathi Hooper kirsty. gilmour@hotmail.com Kirsty Gilmour kmoore@co.lewis-clark.mt.us Kathy Moore kwalsh@enviroconsult.com Kevin Walsh kwebb@m-m.net Kristi Webb larry@montanasulphur.com Larry Zink Ibauer@pcmh.org Leonard Bauer lee@prrlaw.com Lee Bruner Ijordan@ravallicounty.mt.gov Lea Jordan lIaknar@co.beaverhead.mt. us Larry Laknar Imoody@all-Ilc.com Lee Moody Izanto@mt.gov Lynn Zanto macka maka@hotmail.com robert mariewithmine 20@yahoo.fr Marie Atata mark@aspence.net Mark C. Peterson mbarton@co.missoula.mt.us Michael Barton mbrydges@mmm.edu michael mcferrins@mt.net Felicity McFerrin mcsani@3rivers.net Ralph Hamler mhillman@trinityconsultants.com Melissa Hillman 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 mtaudubon@mtaudubon.org Montana Audubon mtcoal@aol.com Bud Clinch muffie@ns.sympatico.ca terri brown nickgeranios4317@msn.com Geranios Enterprises Inc nturnbull@montola.com Neil Turnbull obarta@mt.gov Oline Barta oguillemain@generali.fr Connard Parker-Christensen.Victoria@epamail.ep Victoria Parker-Christensen parkside@bigsky.net Jennifer Swearingen Pat. kimmet@chsinc.com Pat Kimmet pat@crowleyconsultants.com Pat Crowley patels3@hotmail.com patel pauldsherrpc@yahoo.com Paul philip.chambers@usmc.mil Phil Chambers pjsimonich@pplweb.com Pete Simonich pnavratil@encoreacq.com Patrick Navratil psaindon@mt.gov Pat Saindon randall.j.richert@conocophillips.com Randall Richert rct205@lehigh.edu rebecca@bison-eng.com Rebecca reed.j.marton@conocophillips.com Reed J. Marton rfink@co.carbon.mt.us Rodney Fink rgilson@cbmainc.com Robert Gilson Rick.Walsh@Northwestern.com Rick Walshricklarson@bsb.mt.gov Rick Larson rjeffrey@mt.gov Robert Jeffrey rr@hayfam.com C.E. Robertson rsouthwick@gr-northern.com Rich Southwick Runningelkcliff@aol.com Running Elk russb@ycchd.org Russ Boschee**ruth~ensen@transcanada.** com Ruth Jensen sabrina rojas@hotmail.com Sabrina sabskb@gmail.com Scott and Sheree Bombard sanitarian@co.fergus.mt.us Dean Pomeroy sbornbard@natlforests.org Sheree Bombard schmidtb@ho.missoula.mt.us Ben Schmidt SFinley@coloradoenergy.com Steven Finley sherry.bursey@anadarko.com Sherry sjohnson@co.cascade.mt.us Sandy Johnson**smason~ ~hyd**  rometrics.com Scott Mason**smullins~ ~industrialinfo.com**  Shane Mullins solsen@mt.gov Sandi Olsen srimsn@gmail.com srimsn ssternberg@mt.gov Stan Sternberg Stacy.aguirre@wbip.com StacyAguirre steph. nelson@gallatin.mt.gov Stephanie Nelson stevew@bkbh.com Steve Wade swhite@co.cascade.mt.us Steve White swright@cfaluminum.com Steve Wright szehntner@mt.gov Steve Zehntner tander@wyo.gov Tina Anderson tedk@ycchd.org Ted Kylander teverts@mt.gov Todd Everts thehigmister@hotmail.com therriaults@ho.missoula.mt.us Shannon Therriault thodik@centurypaving.com thomas.pick@mt.usda.gov Tom Pick Tim.Roark@gallatin.mt.gov Tim Roark tjewett@NPCA.ORG Tony Jewett townofalberton@blackfoot.net Diane Jodsaas tparliament@co.lewis-clark.mt.us Tiffany Parliament tquarles@retec.com Tim Quarles twardoskib@niaid.nih.gov Barri Twardoski twidboom@barr.com Tony Widboom vi3tricebowl@yahoo.com victor.m.dugan@exxonmobil.com Victor M. Dugan videtich.callie@epamail.epa.gov Callie Videtich VJLanz@yahoo.com Vanessa Lanz vsheppard@mt.gov Vicki Sheppard wardell.john@epa.gov John Wardell whitem@dawsoncountymail.com Mike While wildcovenants@msn.com Linda Dwarak williammooreOO77@gmail.com fdgdfdgfd wjacobs@flathead.mt.gov Wendee Jacobs wlneumiller@pplweb.com Bill Neumiller woodproducts@mt.net Ellen Engstedt 

# -



# -

# -- JOE ALINE SHUMAKERTRUCKING POBOX 1279**G~AT** FALLS, MT 59403

TIMBLUME US ARMY ENVIRONMENTAL 729-19TH ST 4THFLRRM 427 DENVER, CO 80202-2500

WANDA BURGET POWDERRIVERCOAL CO CALLERBOX 3034 GILLETTE, WY 82717

LORI CLARK FOREST SERVICE AIRQUALITY PROGRAM PO BOX 7669 MISSOULA, MT 59807

PAT CROWLEY CROWLEY CONSULTANTS LLC 1935 LUCKY STRIKE RD HELENA, MT 59602

b

...J.ill DOWSKI REG MANAGER QWESTEH & S 1855 S FLATIRON COURT BOULDER, CO 80301

NATHAN EKLUND SUMMITENVIROSOLUTIONS INC 1217 BANDANA BLVD STPAUL, MN 55108

WILLIAM E FLYNN LUZENAC AMERICA 767 OLDYELLOWSTONE TR THREEFORKS, MT 59752

PEGGY FRUIT TOWN OF BROADUS POBOX 659 BROADUS, MT 59317**~NGLUECKERT** .6S CITY LAUNDRY POBOX 1409 MILES CITY, MT 59301 MARTIN BASTA CITY OF GT FALLS PUBLIC WORKS POBOX 5021 GREAT FALLS, MT 59403-5021

JOHN BRUEGGEMAN STATE REPRESENTATIVE 321 LAKEVIEW DR POLSON, MT 59860-9317

JACKIE CALLISON TOWN OF ALBERTON POBOX 115 ALBERTON, MT 59820

DALE COCKRELL CHRISTENSEN MOORE COCKRELL POBOX 7370 KALISPELL, MT 59904-0370

CROWLEY HAUGHEY HANSON TOOLE AND DIETRICH PLLP POBOX 797 HELENA, MT 59624-0797

RALPH DRIEAR HYDROMETRICS INC 1116 HELENA FLATS RD KALISPELL, MT 59901

LA ERICKSON ASARCO TROY UNIT PO BOX 1660 TROY, MT 59935

ROBERT D FOOTE EXXON MOBIL CORP 607 EXXONRD BILLINGS, MT 59101

RONALD GEHRKE BIG SKYMINING CO PO BOX 97 COLSTRIP, MT 59323

ELLA GUTZKE SHERIDANMEMORIAL HOSPITAL 440 W LAUREL AVE PLENTYWOOD, MT 59254 STEPHEN BLANKENSHIP FORD 925 L ST STE 390 SACRAMENTO, CA 95814

ROBIN BULLOCK ARCO 317 ANACONDARD BUTTE, MT 59701

BRUCE CLARK GENESIS INC POBOX 1660 TROY, MT 59935

BILL COURTNEY QUANECOLLC PO BOX 7370 SHERIDAN, WY 82801

DON DAY STIMSONLUMBERCO 875 HWY2 S LIBBY, MT 59923

JOHN W DUNCAN RR #1 PO BOX 33 JOPLIN, MT 59531

JAMES FLANSBURG HAYS LODGEPOLE SCHOOLS BOX 110 HAYS, MT 59527

ALAN FRONBERG GLACIERENGINEERING PC 124 1STAVE S STE 17 GREAT FALLS, MT 59401

JOHN GERHART PO BOX 283 BELT, MT59412

JOE HANSON TOWN OF ALBERTON POBOX 115 ALBERTON, MT 59820 1WILLIAM HARBRECHT WESTERN ENERGY CO PO BOX99 COLSTRIP, MT 59323

HOWARD HOGAN TOWN OFALBERTON POBOX 115 ALBERTON, MT59820

BRUCE HUNNER RAVALLICOUNTYENV ENFORCEMENT & COMPLIANCE 215 S 4TH ST STE D HAMILTON, MT 59840

BRUCE JOHNSON SUMMITENVIROSOLUTIONS INC 1217 BANDANA BLVD STPAUL, MN 55108

BOB KELLY INTERTEC 619 S W HIGGINS STE S MISSOULA, MT 59803

JERRY D. KNUTSON WESTTECH SUPPLY & SERVICES PO BOX 80711 BILLINGS, MT 59108

MICHAEL J LUCIANO FARM HARVESTING OF EUREKA POBOX 1050 EUREKA, MT 59917

GABRIELMCAULIFFE SIERRA RESEARCH 1801 J ST SACRAMENTO, CA 95814

WALTERL MCNUTT AG EQUIPMENT SALES 110 12THAVE SW SIDNEY, MT 59270

DARRELMYRAN WESTMORELAND RESOURCES BOX449 HARDIN, MT 59034 MARTIN HESTMARK US EPA-REGION VIII-8P AR 1595 WYNKOOP ST DENVER, CO 80202-1129

ROSE HUGHES THE CONSULTING ENGINEERS 36 S LASTCHANCE GUL STEA HELENA, MT 59601

DALE J JOHNSON ENVIRONMENTAL HEALTH 4748 RIMROCK RD BILLINGS, MT 59106

DICK JUNTUNEN RESOURCE MGMTASSOCIATES 259 MCCLELLAN CREEK RD CLANCY, MT 59634

CALVIN KIDNEY WELLS FARGO 877 W MAIN ST 5TH FLOOR BOISE, ID 83702

LARRY LAKNAR BEAVERHEAD COUNTY SANITARIAN 2 S PACIFIC ST DILLON, MT 59725-2799

LEA JORDAN RAVALLI COUNTY ENV HEALTH 215 SOUTH 4TH STREET STE D HAMILTON, MT 59840

BRIAN MCHUGH MAXIM TECHNOLOGIES INC 618 S 25TH ST BILLINGS, MT 59107

ARNIE A MOHL KNIFE RIVER POBOX 147 KALISPELL, MT 59903-0147

ALLENNIPPLE SPRING CREEK COAL CO POBOX67 DECKER, MT 59025-0067 LYNN HILL MSE-HKMINC PO BOX 7010 SHERIDAN, WY 82801

DIANNE HUHTANEN ROCKY MOUNTAIN LABS 903 S 4TH ST HAMILTON, MT 59840

TAMMY JOHNSON ENVIRONOMICS INC POBOX 1026 WHITEHALL, MT 59759

MICHAEL S KAKUK KAKUK LAW OFFICES PC 1719 HARRISON AVE HELENA, MT 59601-2542

TOM KIRCHER STILLWATERMINING CO HC54 BOX 365 NYE, MT 59061

-.., LION TECHNOLOGIES INC ATTNLIBRARY PO BOX700 LAFAYETTE, NJ 07848

DON MAY MAXIM TECHNOLOGIES INC 2525 PALMER ST #2 MISSOULA, MT 59808-1744

JOHN MCKENNA ETS INTERNATIONAL 1401 MUNICIPAL RDNW ROANOKE, VA 24012-1309

BOB MONTGOMERY WESTERN ENERGY CO PO BOX 99 COLSTRIP, MT 59323

TODDO'HAIR MONTANA GOVERNMENT**AFFAIR~'** RTEA 1910 5THAVE HELENA, MT 59601-4718OWEN ORNDORFF DICKPAULSEN MIKEPHILBIN YELP AMERICAN LUNG ASSN BLM 1087 W RIVERST STE200 825 HELENA AVE 5001 SOUTHGATE DR**BO~E,** ID 83702 HELENA, MT 59601 BILLINGS, MT 59101-4669

STEVEPILCHER DON POTTS JIM RAMAKER PO BOX 1715 714 CONTINENTAL WAY PO BOX 760 HELENA, MT 59624-1715 MISSOULA, MT 59803 CHOTEAU, MT 59422

CORRINE A ROSE RS CURT SCRIBNER WADE SELLERS**TETON~ONDEROSACOlmTY** YELLOWSTONE ENERGY LTD SUPERIORENTERPRISES BOX 610 2215 FRONTAGERD PO BOX 128 CHOTEAU, MT 59422 BILLINGS, MT 59101-7307 SUPERIOR, MT 59872

DENNIS J SNOWRS PATRICIA SPENCER LYNN STABENFELDT DAWSON CITY SANITARIAN ENVIRONMENTREPORTER MULTISTATE ASSOCIATES INC 207 WBELL BNA 1231 25TH STNW S 382 515 KING ST GLENDIVE, MT 59330 WASHINGTON DC, DC 20037 ALEXANDRIA, VA 22314

FRED STEELE RICK STEFANIC JODEE STEIN CSKTTRIBAL HEALTH BUREAU OF INDIAN AFFAIRS WELLS FARGO BOX 880 316N 26TH ST 175 N 27 ST STIGNATIUS, MT 59865 BILLINGS, MT 59101 BILLINGS, MT 59101**Sh.~** ..l STEPHENSON ARC0 317 ANACONDA AVE BUTTE, MT 59701 FRED STIERS CONOCOINC PO BOX 30198 BILLINGS, MT 59107-0198 LILA TAYLOR HC42 BOX 595 BUSBY, MT 59016

BOVARD TIBERI 716 SOUTH 13THAVE BOZEMAN, MT 59715 RAY TILMAN MONTANA RESOURCES 600 SHIELDS AVE BUTTE, MT 59701 GERALD WAGNER BLACKFEETTRIBAL PO BOX 2029 BROWNING, MT 59417

SCOTT WALKER YELLOWSTONE CITY COUNTY CARBON COUNTY HEALTH DEPT CENTURY COMPANIES INC 510NBROADWAY BOX466 BOX739 BILLINGS, MT59101 RED LODGE, MT 59068 LEWISTOWN, MT 59457

FARMERS UNION OIL CO MONTANA AUDUBON MONTANA MOTORCARRIERS 1000 SMELTERAVE POBOX 595 501 N SANDERS ST#201 BLACKEAGLE, MT59414 HELENA, MT59624 HELENA, MT 59601-4552

1\ .TANAPOWERCO PO BOX 38 COLSTRIP, MT 59323 NORTHERNPLAINS RESOURCE COUNCIL 220 S 27TH ST STE A BILLINGS, MT59101-4106 PACK & COMPANY CONST PO BOX 8150 KALISPELL, MT 59904-1150

### HEARINGS 

### OFFICER· STATEMENT 

### September 5, 2008 

### Good morning. My name is Eric Merchant and I am acting as hearings officer for the Montana Department of Environmental Quality. The time is 10:00 a.m., September 5, 2008. 

### We are presently in room 111 ofthe Metcalf bUilding, located at 1520 

### East 6th 

### Avenue in Helena, Montana. This is the time and place set forth in a public notice for receiving comment regarding the incorporation by reference ofair quality rules proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP) The Department proposes submitting the rules to EPA for inclusion into Montana's State Implementation Plan (SIP). The Department published notice oftoday's hearing in widely-circulating newspapers in each ofMontana's air quality control regions on or before August 

### 5, 2008. The Department made available copies ofthe rules as proposed to the affected designated Montana repositories and posted them to the Department's internet website. Additionally, the Department made copies available for review and copying in Helena, Missoula, Billings, Miles City, and Great Falls, Montana. The Department notified interested parties and members ofthe Air Pollution Control Advisory Council ofthis hearing. The Department will receive written or oral comments until, but not later than, the close ofthis hearing as set forth in the public notice. Copies ofthe rules and the hearing notice are available at the door. Anyone who wishestotestify must register on the sign-up sheet. For transcription purposes, please identify yourself before testifying. Does anyone wish to comment in support ofthe inclusion ofthe rules into the SIP? Does anyone wish to comment in opposition to the inclusion ofthe rules into the SIP? Did DEQ staff receive any comment regarding this matter? All comments received will be made a part of the record. Are there any other witnesses who wish to testify regarding the subject matter ofthis hearing? Seeing no other persons wishing to speak, I declare hearing in this matter closed at 10:04

### a.m.

G:\ARMB\AMAP\Rule Development\MEM\IBR\IBRhearingsofftext.doc

# 14

### BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

### Testimony of Debra Wolfe Inthe matterofthe incorporation by reference ofairquality rules proposed bythe Montana Board of Environmental Review into the Montana State Implementation Plan (SIP)a


### Good morning; my name is Debra Wolfe. I am an air quality planner with the Air Quality Policy 

### &Planning Section ofthe Air Resources Management Bureau, Department of Environmental Quality. I am here today to present testimony on behalf ofthe Department in this matter. The Montana Board of Environmental Review is proposing to adopt rules to incorporate rules by reference, exclude certain portions from the 2007 Code of Federal Regulations (CFR) because the courts have vacated affected requirements, or portions thereof, and make certain, non-substantive housekeeping revisions. The department believes it is inappropriate to submit these rules into the State Implementation Plan (SIP) in order to maintain the federal enforceability ofthese rule inclusions. The rules referenced for inclusion are: ARM 17.8.102, 17.8.301, 17.8.901, and 17.8.1007. The Department supports the inclusion ofthese rules into the SIP in order to fulfill Montana's obligations under 42 USC 7410 and to maintain federal enforceability ofthe rules. The Department also solicited public comment from interested parties, published notice ofthis action in major Montana newspapers, and posted notice on the Department's website.

G:f.RMB\AMAP\Rule Development\MEM\IBR\DebTestim-2008IBR.doc

### BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

### In the matter of the incorporation 

### by reference of air quality rules adopted on August 8, 2008 

### by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP).

e j > f·,

. ,,6

..**~.,** ; -it' •• ',k' - . 

### NAME 

### AFFIliAliON 

## l:.>c..·t? V\!

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G:\ARMB\AMAP\Rule Development\MEM\IBR\IBRhearingsofftext.doc

# 15

### BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

In the matter ofthe 

### ) Inclusion of rules 

### ) 

### HEARINGS OFFICER Intothe Montana 

### ) 

### REPORT State Implementation Plan 

### )

On September 5, 2008, I, Eric Merchant, conducted a public hearing in Room 111 ofthe Metcalf Building, located at 1520 East 6th 

### Avenue, Helena, Montana to receive public comments regarding the inclusion of rules into Montana's State Implementation Plan (SIP). The Montana Board of Environmental Review published notice ofthe proposal, referenced in MAR notice page 1371 on July 17, 2008 and supplemented with no change on August 28, 2008 in the Montana Administrative Register. The Department proposes to submit the rules to EPA for inclusion into the SIP. The Department also published notice oftoday's hearing in widely-circulating newspapers in each of Montana's air quality control regions on or before August 5, 2008. The hearing began at 10:00 a.m. with Susan Johnson, a court reporter, making a stenographic record ofthe hearing for the Department of Environmental Quality (Department), a copy ofwhich is attached to this report. Members ofthe public attended the hearing; a copy ofthe sign-up sheet is attached. At the beginning ofthe hearing, I stated the date and location ofthe hearing as advertised in the public notice. I also stated that interested parties were notified ofthe hearing. A copy ofthe hearings officer statement and public notice is attached. Debra Wolfe represented the Department and testified atthe hearing in support ofthe the submission ofthe rules to EPA for inclusion into the SIP. Ms. Wolfe noted no written comments were received regarding the inclusion ofthe proposed rules into the SIP prior to today's hearing. As set forth in the public notice, the comment period ended atthe conclusion ofthe hearing. The hearing concluded at 10:04 a.m., September 5, 2008.

Dated September 5, 2008.

G:\ARMB\AMAP\Rule Development\MEM\IBR\IBRhearingsofftext.doc

### 'TRANSCRIPTOF,PROCEEDINGS,

.

. Heard

### inthe;Metc~1f.Building,Rooml11 

### 1520East

### SixthAvenue

.

### 'ilelen~,Monta#a "

.**Septein~_~r5~** 

### 2008


### ,- 10:00

### a.m.**,BEFORE.THE'DEPJ\RtM~ENT** 

### ,OF ENVIRONMENTALQU;\LITY OFTHE STATE OFMONTANA

INRE: TheIncorporationbyreference

### ofair

.**qu~lity** 

### rules currentlyproposed by

### the MontanaBoard ofEnviromnental Review into the MontanaStateJmplementationPlan"(SIP)



# -

### 1 

### 1 BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY 2 OF THE STATE OF MONTANA 3 4 

### 5 IN RE: 6 7 8 The Incorporation by reference of air quality rules currently proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan (SIP) 9 

### 10 11 

### 12 TRANSCRIPT OF PROCEEDINGS 13 14 On the 5th day of September, 2008, beginning 15 at 10:00 A.M., the above-referenced matter was 16 heard in Room 111 of the Metcalf Building, 17 1520 East Sixth Avenue, Helena, Montana, before 18 Eric Merchant, Hearing Examiner, and Susan Johnson, 19 Registered Professional Reporter, Notary Public. 20 21 22 23 

### 24

1 

### 251
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# -

### 2 Transcript ofProceedings

- September 05, 2008

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 The following testimony was taken: * * * * * * * * * * * MR. MERCHANT: Good morning. My name is Eric Merchant. I am acting as the hearings officer for the Montana Department of Environmental Quality. The time is 10:00 AM, September 5th, 2008. We are presently in Room 111 of the Metcalf Building, located at 1520 East 6th Avenue in Helena, Montana. This is the time and place set forth in a public notice for receiving comment regarding the incorporation by reference of air quality rules proposed by the Montana Board of Environmental Review into the Montana State Implementation Plan, or SIP. The Department proposes submitting the rules to EPA for inclusion into Montana's SIP. The Department published notice of today's hearing in widely-circulating newspapers in each of Montana's air quality control regions on or before August 5th, 2008. The Department made available copies of the rules as proposed to the affected designated Montana repositories and posted them to the Department's internet web site. Additionally, the Department made copies available for review and copying in Helena, Missoula, Billings, Miles City and Great Falls, Montana

. The Department notified interested parties
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### Transcript ofProceedings

- September 05, 2008 3



# - 1 

### and members of the Air Pollution Control Advisory 2 Council of this hearing. The Department will receive 3 

### written or oral comments until, but not later than the 4 

### close of this hearing as set forth in the public notice. 5 6 

### Copies of the rules and hearing notice are 7 

### available at the door. Anyone who wishes to testify 8 

### must register on the sign-up sheet. For transcription 9 

### purposes, please identify yourself before testifying. 10 Does anyone wish to comment in support of the 11 

### inclusion of the rules into the SIP? 12 MS. WOLFE: I do. Good morning. My name is


# - 13 Debra Wolfe. I'm an air quality planner with the air 14 quality policy and planning section of the Air Resources 15 Management Bureau, Department of Environmental Quality. 16 I am here today to present testimony on behalf of the 17 Department in this matter. 18 The Montana Board of Environmental Review is 19 proposing to adopt rules to incorporate rules by 20 reference, exclude certain portions from the 2007 Code 21 of Federal Regulations because the Courts have vacated 22 affected requirements or portions thereof, and to make 23 certain non-substantive housekeeping revisions. 24 

### The Department believes it is inappropriate



# - 25 to submit certain rules into the State Implementation
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### Transcript ofProceedings

- September 05, 2008

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 Plan. We need to maintain certain rules in order to maintain the federal enforceability of rule inclusions. The rules referenced for inclusion are ARM 17.8.102, 17.8.301, 17.8.901 and 17.8.1007. The Department supports the inclusion of these rules into the SIP in order to fulfill Montana's obligations under 42 USC 7410 and to maintain federal enforceability of the rules. The Department also solicited public comment from interested parties, published notice of this action in major Montana newspapers and posted notice on the Department's web site. MR. MERCHANT: Does anyone wish to comment in opposition to the inclusion of the rules into the SIP? Seeing none. Did DEQ staff receive any comment regarding this matter? MS. WOLFE: We did not. MR. MERCHANT: All comments received will be made part of the record. Are there any other witnesses who wish to testify regarding the subject matter of this hearing? Seeing none, I declare this hearing in this the matter closed at 10:04. (Whereupon, the taking of the hearing was concluded at 10:04 AM.)

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### 5

10

15

20



### 25

1 .2 

### STATE OF MONTANA 3 COUNTY 

### OF LEWIS 

### AND CLARK 4 

### I, Susan Johnson, Registered Professional 6 Reporter and Notary Public, do hereby certify: 7 That the foregoing matter was taken before me 8 at the time and place herein named; and that the 9 proceedings were reported and transcribed by me with a computer-aided transcription system, and that the 11 foregoing pages contain a true record of the proceedings 12 to the best of my ability. 

### 13 14 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this day of 

### 16 2008. 17 18 

### 19 SUSAN JOHNSON, RPR 21

# ~.

22 

### 23 24TranscriptofProceedings 

### DEQ Air Quality Rules / SIP ARM (1) 1 4:3 August (1) '0:00 (1) 2:19 ..::.:6 available (3) 2:19,23;3: 7 4:22,24 10:04 (2) Avenue (1) 111 (1) 2: 8 2:7 1520(1) B 2:7 17.8.1007 (1) behalf (1) 4:4 3:16 17.8.102 (1) believes (1) 4:3 3:24 17.8.301 (1) Billings (1) 4:4 2:24 17.8.901 (1) Board (2) 4:4 2:12;3:18 Building (1) 2 2:7 Bureau (1) 2007 (1) 3:15 3:20 2008 (2) 

### C 2: 6,19 

### 4
42 (1) 4:6 

### 5 5th (2) 2: 6,19 

### 6 6th (1) 2: 8 

### 7 7410 (1) 4:6 A acting (1) 2:4 certain (4) 3:20,23,25;4: 1 City (1) 2:24 close (1) 3:4 closed (1) 4:22 Code (1) 3:20 comment (5) 2:10;3:10;4: 8,12,15 comments (2) 3: 3;4:18 concluded (1) 4:23 control (2) 2:18;3: 1 copies (3) 2:19,23;3: 6 copying (1) 2:23 Council (1) 3:2 Courts (1) action (1) 3:21 4:9 D Additionally (1) 2:22 adopt (1) Debra (1) 3:19 3:13 Advisory (1) declare (1) 3: 1 4:21 ":Iffected (2) Department (12) .:20;3:22 2: 5,14,16,19,22,25;3: 2, air (6) 15,17,24;4: 4, 8 2:11,18;3: 1,13,13,14 Department's (2) 2:21;4:11 DEQ (1) 4:15 designated (1) 2:20 door (1) 3:7 

### E East (1) 2:7 enforceability (2) 4:2,7 Environmental (4) 2: 5,12;3:15,18 EPA (1) 2:14 Eric (1) 2:3 exclude (1) 3:20 

### F Falls (1) 2:24 Federal (3) 3:21;4: 2, 7 following (1) 2: 1 forth (2) 2: 9;3: 4 fulfill (1) 4:6 G Good (2) 2: 3;3:12 Great (1) 2:24 

### H hearing (7) 2:17;3: 2,4, 6;4:21,21,23 hearings (1) 2:4 Helena (2) 2: 8,23 housekeeping (1) 3:23 I identify (1) 3:9 Implementation (2) 2:13;3:25 inappropriate (1) 3:24 inclusion (5) 2:15;3:11;4: 3, 5,13 inclusions (1) 4:2 incorporate (1) 3:19 incorporation (1) 2:11 interested (2) 2:25;4: 9 internet (1) 2:22 into (6) 2:12,15;3:11,25;4: 5,13 L later (1) 3:3 located (1) 2:7 

### M maintain (3) 4: 1,2,7 major (1) 4:10 Management (1) 3:15 matter (4) 3:17;4:16,20,22 members (1) 3: 1 MERCHANT (4) 2: 3,4;4:12,18 Metcalf (1) 2:7 Miles (1) 2:24 Missoula (1) 2:24 Montana (8) 2: 5, 8,12,13,21,24;3:18; 4:10 Montana's (3) 2:15,18;4: 6 morning (2) 2: 3;3:12 must (1) 3:8 

### N

name (2) 2: 3;3:12 need (1) 4: 1 newspapers (2) 2:17;4:10 none (2) 4:14,21 non-substantive (1) 3:23 September05, 2008 notice (6) 2:10,16;3: 4,6;4: 9,10 notified (1) 2:25 

### 0 obligations (1) 4: 6 officer (1) 2:4 opposition (1) 4:13 oral (1) 3: 3 order (2) 4: 1,6 

### P part (1) 4:19 parties (2) 2:25;4: 9 place (1) 2:9 Plan (2) 2: 13;4: 1 planner (1) 3:13 planning (1) 3:14 please (1) 3:9 policy (1) 3:14 Pollution (1) 3: 1 portions (2) 3:20,22 posted (2) 2:21;4:10 present (1) 3:16 presently (1) 2:6 proposed (2) 2:11,20 proposes (1) 2:14 proposing (1) 3:19 public (3) 2:10;3: 4;4: 8 published (2) 2:16;4: 9 purposes (1) 3:9 

### Q Quality (6) 2: 5,11,18;3:13,14,15
Lesofski CourtReporting,Inc. 406-443-2010 (1) 10:00

- Quality

### DEQ Transcript ofProceedings Air Quality Rules I SIP September 05, 2008 

### R receive (2) 3:2;4:15 received (1) 4:18 receiving (1) 2:10 record (1) 4:19 reference (2) 2:11;3:20 referenced (1) 4:3 regarding (3) 2:10;4:15,20 regions (1) 2:18 register (1) 3:8 Regulations (1) 3:21 repositories (1) 2:21 requirements (1) 3:22 Resources (1) 3:14 Review (3) 2:12,23;3:18 revisions (1) 3:23 Room (1) 2:7 rule (1) 4:2 rules (13) 2:11,14,20;3: 6,11,19,19, 25;4: 1,3,5,7,13 

### S**~---------i**

section (1) 3:14 Seeing (2) 4: 14,21 September (1) 2:6 set (2) 2: 9;3: 4 sheet (1) 3: 8 sign-up (1) 3: 8 SIP (5) 2:13,15;3:11;4: 5,13 site (2) 2:22;4:11 solicited (1) 4: 8 staff (1) 4:15 State (2) 2:13;3:25 subject (1) 4:20 submit (1) 3:25 submitting (1) 2:14 support (1) 3:10 supports (1) 4:5 T testify (2) 3: 7;4:20 testifying (1) 3:9 testimony (2) 2: 1;3:16 thereof (1) 3:22 today (1) 3:16 today's (1) 2:16 transcription (1) 3: 8 

## u under (1) 4:6 USC (1) 4:6 

## v

w web (2) 2:22;4:11 Whereupon (1) 4:23 widely-circulating (1) 2:17 wish (3) 3:10;4:12,20 wishes (1) 3:7 witnesses (1) 4:19 WOLFE (3) 3:12,13;4:17 written (1) 3:3 

# ,-

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- written

# 17

### -1743­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter ofthe amend ment ofARM ) NOTICE OF SECOND PUBLIC 17.8.102,17.8.301,17.8.901, ) HEARING AND EXTENSION OF 17.8.1007,17.8.1201,17.8.1206, and ) COMMENT PERIOD ON 17.8.1212 pertaining to incorporation by ) PROPOSED AMENDMENT reference of current federal regulations ) and other materials into air quality rules ) (AIR QUALITY) TO: All Concerned Persons 1. On July 17, 2008, the Board of Environmental Review published MAR Notice No. 17-271 regarding a notice of public hearing on the proposed amendment ofthe above-stated rules at page 1371, 2008 Montana Administrative Register, issue number 13. The board held a public hearing on August 6, 2008, and the initial comment period was scheduled to end on August 14, 2008. 2. On September 17,2008, at 9:30 a.m., the board will hold a second public hearing in Room 35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to considerthe proposed amendment ofthe above-stated rules. This second hearing will supplement the hearing held on August 6, 2008. 3. 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 5:00 p.m., 'September 8, 2008, to advise us ofthe nature ofthe accommodation that you need. Please contact Elois Johnson at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444­ 4386; or e-mail ejohnson@mt.gov. 4. The department is also extending the time within which to submit written comments. Written data, views, or arguments may be submitted to Elois Johnson at the contact information listed in paragraph 3, and must be received no laterthan 5:00 p.m. on September 25, 2008. Persons who testified at the initial hearing, or who submitted comments during the initial comment period, need ,not testify again or resubmit their comments. Any such previous testimony and comments will be included in the rulemaking record. 5. Inadvertently, the initial proposal notice was not sent to persons on the interested persons list for the board's air quality rulemaking proceedings. The second hearing and extended comment period are intended to provide these persons with the opportunity to testify and submit written comments. 6. The rules proposed to be amended remain the same as published in MAR Notice No. 17-271.

MAR Notice No. 17-274 16-8/28/08

### -1744­

7. 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. 8. 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 that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; nlajorfacility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewatertreatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules otherthan MEPA. Notices will be sent bye-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 Avenue, P.O. Box 209901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by cornpleting a request form at any rules hearing held by the board. 9. The bill sponsor notice requirements of2-4-302, MCA, do not apply. Reviewed by: BOARD OF ENVIRONMENTAL REVIEW 

# ­

/s/ 

### David Rusoff BY: 

### /s/ 

### Joseph W. 

### Russell DAVID RUSOFF JOSEPH W. RUSSELL, M.P.H., Rule Reviewer Chairman Certified to the Secretary of State August 18, 2008.

16-8/28/08 MAR Notice No. 17-274Administrative Kules of Montana**~~.~~.~~~ I)u~** **;i,rrP~.t:e.",** 9:30 a.m. Room 35, Metcalf 5:00 p.m. Proposed Amendment (Air Qualitl,'

- Air September Building, 1520 East September Q'Hlit,t**Op~ration** Fees**~nd** Open Burrdng 17, 2008 Sixth Avenue, 25,2008 Fe es - f','1AR**t"~otice** No, 17-275) Helena, Montana 9:30 a,m. Room 35, Metcalf 5:00 p.m. Proposed Amendment (Ait' OIJalit,t

- 1 September Building, 1520 East September**Incorpor~ti** on biz' Reference ofCurrerlt 17, 2008 Sixth Avenue, 25,2008 Federal Regulations arid Other Materials Helena, Montana Into Air quality Rules
- MAR Notice No, 17-274) 1 :30 p,m. Room 35, Metcalf 5:00 p,m, Proposed Amendment and Adoption (Public September Building, 1520 East September \"'}ater Suppl

... - Incorporation by Reference 17, 2008 Sixth Avenue, 25,2008 of Current Federal Regulations and Other Helena, Montana fo,'1aterials in the Public I,o")ater Suppl

... RIJles
- MAR Notice No.17-273) 3:00 p,m. Room 111, Metcalf 5:00 p.m, Proposed Amendment (Air Oualitlz'

- Air August 6, Building, 1520 East August 14, Oualit't Operation Fees and Operl Burrdng 2008 Sixth Avenue, 2008 Fees
- MAR**t'~otice** No.17-272) Helena, Montana 2:00 p.m. Room 111, Metcalf 5:00 p.m, Proposed Amendment (Air QIHlit·.,l

- August 6, Building, 1520 East August 14, In,:orporation by Reference ofC'Jrrent 2008 Sixth Avenue, 2008 Federal Regulations and Other Materials Helena, Montana Into Air Oualit't Rules
- MAR Notice No, 17-271) 9:00 a,m. Room 35, Metcalf 5:00 p.m. Amended Notice of Public Hearing and July 9, Building, 1520 East July 23, 2008 Extension of Comment Period on Proposed 2008 Sixth Avenue, Amendment,. Adoption, an.d Repeal (Solid Helena, Montana**V"~ste** - Licensinq and Operation of Solid I

....}aste Landfill Facilities
- MAR Notice No. 17-270)

## Montana Departmermt of
BrianSchweitzer,Govenmr 

# ENVlRONMENl'nQUAUTY

0 P.O. Box 200901 lHIeiena, MT 59620-0901 (406) 444-2544 www.deq.m1l:.gov 0 0



### DATE: August 27,2008 TO: Interested Parties FROM: The Department of Environmental Quality, Air Resources Management Bureau RE: Supplemental Public Hearings On September 17,2008, at 9:30 and approximately 9:45 a.m., the Board of Environmental Review will hold two pubic hearings in Room 35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana to consider MAR" Notice No. 17-274 and 17-275. This second hearing will supplementthe hearing held on August 6, 2008. The Department inadvertentlyfailed to send the initial proposal to persons on the interested parties list for MAR Notice Nos. 17-274 and 17-275 regarding**th~** 

### incorporation by reference ofcurrent federal regulations and other materials into the air quality rules and rules revisions relating to setting fees for operating and" open burning permits. This second hearings and extended comment period are intended to provide these persons with the opportunity to testify and submit written comments. You mayfind the MAR notices atwww.deg.mt.gov/dir/legal/hearing.asp. Ifyou have any questions regarding this notice, please call Eloise Johnson at (406) 444-2630.

Please help us save paper and postage by signing up on ourwebsite to receive these notices electronically at: http://deg.mt.gov/AirQuality/AQinfo.asp or notifying Debra Wolfe, at: dwolfe@mt.gov or (406) 444-7916 ifyou no longer wantto be on the Interested Parties mailing list.

EnforcementDivision • Permitting & Compliance**Divisio~** • Planning, Prevention & Assistance Division • Remediation Division

## MEMORANDUM TO: Debra Wolfe

.-,? , l'r '-", 

### -z;:-"**~,/** 

### / /il r 

### FROM:**~4~;""/ b~Y4f!//!/**  

### DATE:

# (Z.l;;~ 

# C:'r? 2008 I /' ' \./ 

### RE: Notice to interested parties andAPCAC members

I certify that on

## <'~L?tb';: 

# 7· ,2008, I mailedlemailed a copy ofthe supplemental notice rpublic hearing to members ofAPCAC and each ofthe persons listed in the attached Interested Parties list in the matter ofthe amendment ofair quality incorporation by reference rules to
liP 

### adopt the current editions offederal statutes and regulations and state rules, to include proposed ARM 17.8.102(3) and (4), and to include various non-substantive corrections to rules; and • to revise the annual air quality operation fees and air quality open burning fees

G:\ARMB\AMAP\Rule Development\MEM\FEES\Fees_2008\cert-mailing-ip.docMARTIN BASTA CITY OF GT FALLS PUBLIC WORKS PO BOX 5021 GRPAT FALLS, MT**59403~5021** STEPHEN BLANKENSHIP FORD 925 L ST STE 390 SACRAMENTO, CA 95814 TIM BLUME US ARMY ENVIRONMENTAL 729-19TH ST 4TH FLRRM 427 DENVER, CO 80202-2500

JOHN BRUEGGEMAN ROBIN BULLOCK WANDA BURGET STATE REPRESENTATIVE ARCO POWDER RIVER COAL CO 321 LAKEVIEW DR 317 ANACONDA RD CALLERBOX 3034 POLSON, MT 59860-9317 BUTTE, MT 59701 GILLETTE, WY 82717

BRUCE CLARK GENESIS INC PO BOX 1660 TROY, MT 59935 LORI CLARK FOREST SERVICE AIRQUALITY PROGRAM PO BOX 7669 MISSOULA, MT 59807 DALE COCKRELL CHRISTENSEN MOORE COCKRELL POBOX 7370 KALISPELL, MT 59904-0370

BILL COURTNEY CROWLEY HAUGHEY HANSON DON DAY QUANECOLLC TOOLE AND DIETRICH PLLP STIMSON LUMBER CO POBOX 7370 PO BOX 797 875 HWY 2S SHERIDAN, WY 82801 HELENA, MT 59624-0797 LIBBY, MT 59923

BARB DOWSKI REG MANAGER QWEST EH & S 1855 S FLATIRON COURT BOULDER, CO 80301 RALPH DRIEAR HYDROMETRICS INC 1116 HELENA FLATS RD KALISPELL, MT 59901 JOHN W DUNCAN RR#1 PO BOX 33 JOPLIN, MT 59531

Ni

_ ..-IAN EKLUND LA ERICKSON JAMES FLANSBURG SUMMITENVIROSOLUTIONS INC ASARCO TROY UNIT HAYS LODGEPOLE SCHOOLS 1217 BANDANABLVD PO BOX 1660 BOX 110 STPAUL, MN 55108 TROY, MT 59935 HAYS, MT 59527

WILLIAM E FLYNN ROBERT D FOOTE ALAN FRONBERG LUZENAC AMERICA EXXON MOBIL CORP GLACIERENGINEERING PC 767 OLDYELLOWSTONE TR 607 EXXON RD 124 1STAVE S STE 17 THREE FORKS, MT 59752 BILLINGS, MT 59101 GREAT FALLS, MT59401

PEGGY FRUIT TOWN OF BROADUS POBOX 659 BROADUS, MT 59317 RONALD GEHRKE BIG SKYMINING CO PO BOX 97 COLSTRIP, MT 59323 JOHN GERHART PO BOX 283 BELT, MT 59412

ALAN GLUECKERT ELLA GUTZKE WILLIAM HARBRECHT MILES CITY LAUNDRY SHERIDAN MEMORIAL HOSPITAL WESTERN ENERGYCO POBOX 1409 440 W LAUREL AVE PO BOX99 MILES CITY, MT 59301 PLENTYWOOD, MT 59254 COLSTRIP, MT 59323

J ''"......IN" HILL h HKMINC PO BOX 7010 SHERIDAN, WY 82801 ROSE HUGHES THE CONSULTING ENGINEERS 36 S LAST CHANCE GUL STEA HELENA, MT 59601 BRUCE RUNNER RAVALLICOUNTYENV ENFORCEMENT & COMPLIANCE 215 S 4TH ST STE D HAMILTON, MT 59840DALE J JOHNSON ENVIRONMENTAL HEALTH 4748 RIMROCK RD BIT TNGS, MT59106**/'~** DICK JUNTUNEN RESOURCE MGMTASSOCIATES 259 MCCLELLAN CREEK RD CLANCY, MT 59634

TOM KIRCHER STILLWATER MINING CO HC54 BOX 365 NYE, MT59061

MICHAEL J LUCIANO FARM HARVESTThrG OF EUREKA POBOX 1050 EUREKA, MT 59917

BRIAN MCHUGH MAXIM· TECHNOLOGIES INC 618 S25TH ST BILLINGS, MT 59107

B,- MONTGOMERY WESTERN ENERGY CO POBOX 99 COLSTRIP, MT 59323

TODDO'HAIR MONTANA GOVERNMENT AFFAIRS RTEA· 1910 5TH AVE HELENA, MT 59601-4718

MIKEPHILBIN BLM 5001 SOUTHGATE DR BILLINGS, MT 59101-4669

CURT SCRIBNER YELLOWSTONE ENERGY LTD 2215 FRONTAGE RD BILLINGS, MT 59101-7307

: .

-N STABENFELDT !\. flSTATE ASSOCIATES INC 515 KING ST ALEXANDRIA, VA 22314 TAMMY JOHNSON ENVIRONOMICS INC PO BOX 1026 WHITEHALL, MT 59759

BOB KELLY INTERTEC 619 S W HIGGINS STE S MISSOULA, MT 59803

JERRY D. KNUTSON WEST TECH SUPPLY & SERVICES PO BOX 80711 BILLINGS, MT59108

DON MAY MAXIM TECHNOLOGIES INC 2525 PALMER ST#2 MISSOULA, MT 59808-1744

JOHN MCKENNA ETS INTERNATIONAL 1401 MUNICIPAL RD NW ROANOKE, VA 24012-1309

DARREL MYRAN WESTMORELANDRESOURCES BOX 449 HARDIN, MT 59034

OWEN ORNDORFF YELP 1087 W RIVER ST STE 200 BOISE, ID 83702

STEVEPILCHER POBOX 1715 HELENA, MT 59624-1715

WADE SELLERS SUPERIORENTERPRISES POBOX 128 SUPERIOR, MT 59872

FRED STEELE CSKTTRIBAL HEALTH BOX 880 ST IGNATIUS, MT 59865 BRUCE JOHNSON SUMMIT ENVIROSOLUTIONS INC 1217 BANDANA BLVD STPAUL, MN 55108

CALVIN KIDNEY WELLS FARGO 877 W MAIN ST 5TH FLOOR BOISE, ID 83702

LION TECHNOLOGIES INC ATTN LIBRARY PO BOX 700 LAFAYETTE, NJ 07848

GABRIEL MCAULIFFE SIERRA RESEARCH 1801 J ST SACRAMENTO, CA 95814

WALTERL MCNUTT AG EQUIPMENTSALES 110 12TH AVE SW SIDNEY, MT 59270

ALLEN NIPPLE SPRING CREEK COAL CO POBOX 67 DECKER, MT 59025-0067

DICK PAULSEN AMERICAN LUNG ASSN 825 HELENA AVE HELENA, MT 59601

JIM RAMAKER POBOX 760 CHOTEAU, MT 59422

PATRICIA SPENCER ENVIRONMENTREPORTER BNA 1231 25TH STNW S 382 WASHINGTON DC, DC 20037

RICK STEFANIC BUREAU OF INDIAN AFFAIRS 316 N 26TH ST BILLINGS, MT 59101SAM STEPHENSON ARCO 317 ANACONDA AVE BUTTE, MT 59701

RAYTILMAN MONTANA RESOURCES 600 SHIELDS AVE BUTTE, MT 59701

CENTURY COMPANIES INC BOX739 LEWISTOWN, MT 59457

PACK & COMPANY CONST PO BOX 8150 KALISPELL, MT 59904-1150 FRED STIERS CONOCO INC PO BOX 30198 BILLINGS, MT 59107-0198

GERALDWAGNER BLACKFEETTRIBAL PO BOX 2029 BROWNING, MT 59417

FARMERS UNION OIL CO 1000 SMELTERAVE BLACKEAGLE, MT 59414 LILA TAYLOR HC 42 BOX 595 BUSBY, MT 59016

SCOTTWALKER YELLOWSTONE CITY COUNTY 510 N BROADWAY BILLINGS, MT 59101

MONTANA POWERCO PO BOX 38 COLSTRIP, MT 59323

# - 2horses@nemontel.net Debbie Madison adambenkirane@hotmail.com sss aday@trinityconsultants.com Aaron Day ahedges@meic.org Anne Hedges ahmed.sallam@sharbatlyfruit.com ala-nr@ala-nr.org American Lung Association allenassociates@qwest.net Don Allen andrea.perez@hexion.com Andrea arnie.mohl@kniferiver.com Arnie Mohl asl@attglobal.net Alan S. Lafohn aussie northcott@hotmail.com robert azzie 301@hotmail.com k barmiger@cavtel.net William Armiger bdhohn@hohneng.com Brian Hohn bdundas@truecos.com Bob Dundas beamman6056@msn.com Anderson berrysoup@yahoo.com bonita bhabeck@mt.gov Bob Habeck bml@stateside.com Becky Lukaesko boschleicher@mt.gov Bob Schleicher bovard.tiberi@gmail.com Bovard Tiberi brian.zieske@malmstrom.af.mil Brian Zieske bsoamj@3rivers.net Mary Jane McGarity BSquires@nicnd.com Bruce Squires burns.betsy@epa.gov Betsy Burns bvaughn@montana.com Barbara Vaughn carlsonj@ho.missoula.mt.us Jim Carlson cartoonsmart@mac.com Buddy Rogers cash1230@esaphaseone.com John Meyers cathyl@bkbh.com Cathy Laughner chuck. buus@riotinto.com Charles D. Buus cindymed@hotmail.com Cindy cmhd@midrivers.com Mike Rinaldi colburnm@ho.missoula.mt.us Mamie Colburn coolnickjr@hotmail.com randy lahey 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 dan.reilly@noaa.gov Dan Reilly daniel.cole86@yahoo.fr daniel cole 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 dianewilliams194@hotmail.com Diane Williams diannalin@msn.com Dianna Lintner djncjn@interbel.net Dave Newburn dominik.enkelmann@atasystem.it d don.potts@cfc.umt.edu Dr. Don Potts dpowers@bsb.mt.gov Dan Powers 

# ,­dpowers@summite.com Dan Powers dquander@hollandhart.com Don Quander dsimonson@mt.gov Dave Simonson dsimpson@montana-wcc.com Dave Simpson dtooke@sustainableinc.com David Tooke dwalsh@mt.gov Dan Walsh dwolfe@mt.gov Deb Wolfe ed@mt.net Ed Santos edward. pettit@wbip.com Ned Pettit eerp@mt.gov Elton Erp ellen@rfpco.com Ellen Porter EmaiiAddr FullName emilieboyles@yahoo.com emilie boyles fcrowley@doneylaw.com Frank Crowley frank@shumaker.psemail.com frank gaila consulting@msn.com Gail Abercrombie geraldschlosser@benefis.org Gerald Schlosser ggraham@montanarefining.com George Graham gmcgann@co.carbon.mt.us Gregory McGann govtfeed@enstreet.com rohan Greg.brown@chsinc.com Greg Brown grey nicolls@hotmail.com robert hestmark.martin@epa.gov Martin Hestmark hpeterson@mtech.edu Holly Peterson hrobbins@bison-eng.com Hal Robbins huhtanend{Q)niaid.nih.aov Diane Huhtanen info@kakuk.com Michael Kakuk info@northernplains.org Northern Plains Resource Council jackross@nemontel. net Jack Ross Jagadeesan.Sethuraman@whiting.com Jagadeesan Sethuraman jake.weirich@edaw.com Jake Weiriich jakenny@mt.gov Jake Kenny jcarlin@mt.gov Jim Carlin jchaffee@bison-eng.com JeffChaffee jcoefield@mt.gov John Coefield jeff@ajaxcomputernetworking.com Jeff Jenna k 02@hotmail.com Jenna Loring jennifergoldman@ogap.org Jennifer Goldman jenomara@mt.gov Jenny Q'Mara jfbriggs@smurfit.com Jeff Briggs jfladland@co.lewis-clark.mt.us Jason Fladland jford2@mt.gov McCloud (Joe) Ford jhepke@lclark.edu Johannes Epke jhughes@mt.gov Jim Hughes Jiakun.zhang@stjude.org Jiakun Zhang jmparker@pplweb.com Jim Parker joe.w.lierow@exxonmobil.com Joe Lierow Joe@shumaker.psemail.com Joe Aline JQELKelm@msn.com Joel Kelm John.Jones@larltd.com John Jones jrussell@flathead.mt.gov Joe Russell jsesso@bsb.mt.gov John Sesso Ijugorowski@mt.gov Joe Ugorowski 

# -

# _. kdavid@flathead.mt.gov Kelly David kgessaman@mt.gov Kathy Gessaman khooper@libby.org Kathi Hooper kirsty gilmour@hotmail.com Kirsty Gilmour kmoore@co.lewis-clark.mt.us Kathy Moore kwalsh@enviroconsult.com Kevin Walsh kwebb@m-m.net Kristi Webb larry@montanasulphur.com Larry Zink Ibauer@pcmh.org Leonard Bauer lee@prrlaw.com Lee Bruner Ijordan@ravallicounty.mt.gov Lea Jordan lIaknar@co.beaverhead.mt.us Larry Laknar Imoody@all-Ilc.com Lee Moody Izanto@mt.gov Lynn Zanto macka maka@hotmail.com robert mariewithmine 20@yahoo.fr Marie Atata mark@aspence.net Mark C. Peterson mbarton@co.missoula.mt.us Michael Barton mbrydges@mmm.edu michael mcferrins@mt.net Felicity McFerrin mcsani@3rivers.net Ralph Hamler mhillman@trinityconsultants.com Melissa Hillman MitcheII.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 mtaudubon@mtaudubon.org Montana Audubon mtcoal@aol.com Bud Clinch muffie@ns.sympatico.ca terri brown nickgeranios4317@msn.com Geranios Enterprises Inc nturnbull@montola.com Neil Turnbull obarta@mt.gov Oline Barta oguillemain@generali.fr Connard Parker-Christensen.Victoria@epamail.ep Victoria Parker-Christensen parkside@bigsky.net Jennifer Swearingen Patkimmet@chsinc.com Pat Kimmet pat@crowleyconsultants.com Pat Crowley patels3@hotmail.com patel pauldsherrpc@yahoo.com Paul philip.chambers@usmc.mil Phil Chambers pjsimonich@pplweb.com Pete Simonich pnavratil@encoreacq.com Patrick Navratil psaindon@mt.gov Pat Saindon randall.j.richert@conocophillips.com Randall Richert rct205@lehigh.edu rebecca@bison-eng.com Rebecca reed.j.marton@conocophillips.com Reed J. Marton rfink@co.carbon.mt.us Rodney Fink rgilson@cbmainc.com Robert Gilson Rick.Walsh@Northwestern.com Rick Walshricklarson@bsb.mt.gov Rick Larson rjeffrey@mt.gov Robert Jeffrey 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 sabrina rojas@hotmail.com Sabrina sabskb@gmail.com Scott and Sheree Bombard sanitarian@co.fergus.mt.lJs Dean Pomeroy sbombard@natlforests.org Sheree Bombard sChmidtb@ho.missoula.mt.us Ben Schmidt SFinley@coloradoenergy.com Steven Finley sherry.bursey@anadarko.com Sherry sjohnson@co.cascade.mt.us Sandy Johnson smason@hydrometrics.com Scott Mason smullins@industrialinfo.com Shane Mullins solsen@mt.gov Sandi Olsen srimsn@gmail.com srimsn ssternberg@mt.gov Stan Sternberg Stacy.aguirre@wbip.com Stacy Aguirre steph.nelson@gallatin.mt.gov Stephanie Nelson stevew@bkbh.com Steve Wade sWhite@co.cascade.mt.us Steve White swright@cfaluminum.com Steve Wright szehntner@mt.gov Steve Zehntner tander@wyo.gov Tina Anderson tedk@ycchd.org Ted Kylander teverts@mt.gov Todd Everts thehigmister@hotmail.com therriaults@ho.missoula.mt.us Shannon Therriault thodik@centurypaving.com thomas.pick@mt.usda.gov Tom Pick Tim.Roark@gallatin.mt.gov Tim Roark ljewett@NPCA.ORG Tony Jewett townofalberton@blackfoot.net Diane Jodsaas tparliament@co.lewis-clark.mt.us Tiffany Parliament tquarles@retec.com Tim Quarles twardoskib@niaid.nih.gov Barri Twardoski twidboom@barr.com Tony Widboom vi3tricebowl@yahoo.com victor.m.dugan@exxonmobil.com Victor M. Dugan videtich.callie@epamail.epa.gov Callie Videtich VJLanz@yahoo.com Vanessa Lanz vSheppard@mt.gov Vicki Sheppard wardell.john@epa.gov John Wardell whitem@dawsoncountymail.com Mike While wildcovenants@msn.com Linda Dwarak williammooreOO77@gmail.com fdgdfdgfd wjacobs@flathead.mt.gov Wendee Jacobs wlneumiller@pplweb.com Bill Neumiller woodproducts@mt.net Ellen Engstedt 

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26 27 BEFORETHE BOARD OFENVIRONMENTALREVIEW OFTHE STATE OFMONTANA
INTHEMATTEROFTHE ) PRESIDING OFFICER AMENDMENT OFARM 17.8.102, ) REPORT 17.8.301, 17.8.901, 17.8.1007, ) 17.8.1201, 17.8.1206,AND 17.8.1212 ) PERTAINING TOINCORPORATION ) BYREFERENCE OFCURRENT FEDERALREGULATIONS AND OTHERMATERIALINTO AIR ) ) ) QUALITYRULES )

1. 

### On September 17, 2008, at 9:30 a.m., the undersigned Presiding Officerpresided over and conducted apublic hearing held inRoom 35 ofthe MetcalfBuilding, 1520East Sixth Avenue, Helena, Montana, to take public comment on the above-captionedproposed amendments. The amendments (1) updatethe air quality rules by adopting more recent versions offederal regulations, federal statutes and state rules incorporated by reference; (2) add a rule subsection, ARM 17.8.102(2)providing for nullification, without any other rulemaking ofincorporated federal requirements upon the vacation ofthese requirements in court or by the EPA ofthe federal requirement; (3) exclude from incorporation certain specified federal requirementthathave beenvacated in court; (4) and make minor, non-substantive editorial changes to conformtothe currentrule drafting style ofthe Secretary ofState's office and to correcttypographical errors. 

### 2. Notice ofthe hearing was contained in theMontanaAdministrative Register (MAR), Notice No. 17-274, published on August 28,2008, in IssueNo. 16 atpages 1743 through 1744. A copy ofthe notice is attachedtothis report. (Attachments are provided in the same order as they are referenced in thisreport.) 3. 

### The CourtReporter, Susan Johnson ofLesofski CourtReporting in Helena, Montanarecorded the hearing.

PRESIDING OFFICERREPORT PAGEl

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### 1 4. Therewere no members ofthe public atthehearing. Atthe hearing, 

# - 2 thePresiding Officeridentified and summarizedthe MARnotice andread the 3 Notice ofFunction ofAdministrative Rule Review Committee as 

### requiredby Mont. 4 Code Ann. § 2-4-302(7)(a). This hearingwas the secondhearing on theproposed rule amendments due to an errorin providingnoticeto persons on the interested 6 persons list ofthe notice ofthe first hearing held on July 17, 2008. 7 SlTMMARY OFHEARING 8 5. 

### Mr. Eric Merchant, Supervisor ofthe Air QualityPolicy andPlanning 9 Section oftheAirResourcesManagementBureau, Department ofEnvironmental Quality submitted a written statement. (The written statementis attached.) 11 

### 6. TheMontanaEnvironmental Information Center (MEIC) submitted 12 Comments datedAugust 14,2008. TheMEIC objects to the automatic repeal of 13 federal standardsbased on a repeal bythe Environmental Protection Agency (EPA) 14 orby a federal court. MEIC states thatthe BoardofEnvironmental Review (Board) should undertake its ownrulemakingto detennine whethertheregulatory change is 16 necessary and appropriate. This is true, MEIC writes, both ifthe invalidated 17 standard is more stringentthanthepre-existing standard and ifthe invalidated 18 standard is weakerthanthe pre-existing standard. This Presiding Officer 19 recommends thatthe Board analyze these comments carefullyto determine ifthey
arewell taken ifonlybecausethe date and specific effect ofautomatic repeal 21 without further notice ofrulemaking couldbe confusing. 22 

### 7. A writtenmemorandumwas submitted from DEQ staffattomey, 23 DavidRusoffwithHB 521 and HB 311 reviews ofthe proposed amendments and a 24 Private PropertyAssessmentActChecklist. (Mr. Rusoffsmemorandum is attached to this report.) 26 

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# - 8. None oftheproposed amendments wouldmakethe state rules more stringentthan comparable federal regulations orguidelines. No further HB 521 analysis is required. 9. WithrespecttoHB 311 (the PrivatePropertyAssessmentAct, Mont. CodeAnn. §§ 2-10-101 through 105), the State is required to assess thetaking or damaging implications ofaproposed rule or amendments affectingthe use of privatereal property. Thisrulemaking affectsthe use ofprivatereal property. A PrivatePropertyAssessmentActChecklistwas prepared, which shows thatthe proposed amendments do nothave taking or damaging implications. Therefore, no further assessmentis required. 10. Theperiodto submit comments ended at 5 p.m. on September25, 2008. 

### PRESIDING OFFICER COMMENTS 11. The Boardhasjurisdictionto maketheproposed amendments. See Mont. CodeAnn. §§ 75-2-111, 75-2-203, 75-2-204, 75-2-217, 75-2-218. 12. The conclusions in the memorandum ofMr. RusoffconcerningHouse Bill 521 (1995) andHouseBill 311 (1995) are correct.. 13. Theprocedures requiredbythe MontanaAdministrativeProcedure Act, includingpublic notice, hearing, and comment, have been followed. 14. The Boardmay adopttheproposedrule amendments, rejectthem, or adopttherule amendments withrevisions not exceedingthe scope ofthepublic notice. 15. UnderMont. CodeAnn. §

### 2-4-305(7), for the rulemakingprocess to bevalid, theBoardmustpublish a notice ofadoption within sixmonths ofthe date

PRESIDING OFFICERREPORT PAGE 3

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### 26 27 theBoardpublished the notice ofproposedrulemaking intheMontana 

# ­ AdministrativeRegister, orbyFebruary28, 2009.**.r~** 

### DATEDthis Q.)C day ofSeptember, 2008. c-·_···;T····

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# ~~~C~**~Siding** Officer



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PRESIDING OFFICERREPORT PAGE4

### 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 DEPARTMENT OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

In the matter of the amendment of ARM 17.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, 17.8.1212 pertaining to incorporation by reference of current federal regulations and other materials into air quality rules

TRANSCRIPT OF PROCEEDINGS

On the 17th day of september, 2008, beginning at 9:30 A.M., the above-referenced matter was heard in Room 35 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, before Katherine Orr, Hearing Examiner, and Susan Johnson, Registered professional Reporter, Notary public.

CHERYL ROMSA COURT REPORTING P. O. BOX 1278 HELENA, MONTANA 59624 (406) 449-6380

,.-,

### 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 The following testimony was taken: 

## * * * * * * * * MS. ORR: welre on the record. This is the hearing in the matter of the amendment of ARM 17.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206 and 17.8.1212 pertaining to the incorporation by reference of current federal regulations and other materials into air quality rules. This is the time and placethatls been noticed for this hearing. Notice of this hearing is contained in the Montana Administrative Register Notice NO. 17-274 published on August 28th, 2008 in Issue NO. 16 at pages 1743 through 1744. This is the second hearing thatls being held regarding this rule set. The reason why there is a second hearing being held is that the Department and Board wanted to make sure that the notice was sent out to a list of interested persons. The Montana Code Annotated 2-4-302 (7)(a) requires presiding officers at rule hearings to read the Notice of Function of Administrative Rule Review Committee. The notice that 1 1

### m required to read is as follows: Administrative rule review is a function of interim committees and the Environmental Quality council. These interim committees and the EQC have administrative

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# .­ rule review, program evaluation and monitoring functions for executive branch agencies and the entities attached to agencies for administrative purposes. In this case, the EQC has those functions for the Department of Environmental Quality, for the Board of Environment Review. These interim committees and the EQC have the authority to make recommendations to an agency regarding the adoption, amendment or repeal of a rule or to request that the agency prepare a statement of the estimate of the economic impact of a proposal. They may also poll the members of the Legislature to determine if a proposed rule



# - is consistent with the intent of the Legislature or, during a legislative session, introduce a bill repealing a rule, or directing an agency to adopt or amend a rule, or
a Joint Resolution recommending that an agency adopt, amend or repeal a rule. The interim committees and the EQC welcome comments and invite members of the public to appear before them or to send written statements in order to bring to their attention any difficulties with the existing or proposed rules. The mailing address is P.o. Box 201706, Helena, Montana 59620-1706. written comments can be submitted no later than 5:00 PM, september 25th, 2008. And the Department is here

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### and is submitting the same written comments that were submitted in the hearing that occurred on August 6th, 2008. And this hearing is hereby closed. (whereupon, the taking of the hearing was concluded at 9:38: AM.)



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## 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 

# -,.­ CERTIFICATE OF COURT REPORTER

STATE OF MONTANA ) COUNTY OF LEWIS AND CLARK )

I, Susan Johnson, Registered professional Reporter and Notary public, do hereby certify: That the foregoing matter was taken before me at the time and place herein named; and that the proceedings
were reported and transcribed by me with a computer-aided transcription system, and that the foregoing pages contain
a true record of the proceedings to the best of my ability.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 1st day of october 2008.

Is/susan Johnson SUSAN JOHNSON, RPR



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5

# 21.P. O •.Box**.200~:>O]** • Helena.**~'r** :5962()-0901 •**(40<~)** 444-20544 • VVcbsit<:: "'

....."'v'v.de<J.st•.•.h,,,.:r:

...t.us AGENDA BOARD OFENVIRONMENTALREVIEW FRIDAY, OCTOBER3, 2008 STATE CAPITOLBUILDING, ROOM 152 1301 EAST SIXTH AVENUE, HELENA, MONTANA *** Please note location change above*** NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the Board will begin the meeting no earlierthan the time specified. However, the Board might not address the specific agenda items in the order they are scheduled. Persons with disabilities, who need an accommodation in orderto participate in this meeting, should contactthe Board Secretary at (406) 444-5270. 9:00A.M. I. ADMINISTRATIVE ITEMS A. REVIEW AND APPROVE MINUTES 1. August 8. 2008, regularly scheduled Board meeting. II. BRIEFING ITEMS A. CONTESTED CASE UPDATE 1. Cases assignedto Hearing OfficerKatherine Orr
a. In thematterofCRKendall Corporation's request for a hearingto appealDEQ's decision to deny a minorpermit amendment undertheMetal Mine Reclamation Act, BER2002-09 MM. OnApril 27, 2007, Hearing Examiner Katherine Orr issued an Order Requesting Status Report. On May 16, 2007, DEQ filed a Status Report. An EIS and closure plan should be completed and evaluated in 2008. b. In the matterofViolations ofthe Water Quality Act by ASARCO, Inc., BER2005-09 WQ. A Stay of Proceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by the Department ofthe bankruptcy proceeding.
c. In the matter of the appeal by the Town of Superior, BER 2007-05 WQ, regarding final MPDES Permit No. MT0020664, issued to the Town of Superior. On January 11,.2008, the parties filed a Requestfor Extension. Hearing Examiner Katherine Orr issued an Order Granting Extension on January 15, 2008, giving the parties until November 1, 2008, to file proposed settlement documents ora proposed prehearing schedule. d. In the matter ofthe appeal by Southern Montana Electric (SME) regarding its Air Quality Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. The parties are considering dismissal, settlement orcontinuation ofthe contested case proceeding.
e. In the matter ofthe appeal by ExxonMobii regarding its Air Quality Operating Permit No. OP1564-02 for the Billings Refinery, Yellowstone County, Montana, BER 2007-27 AQ. The parties filedaStatus Reporton September9, 2008. Settlementdiscussions are ongoing. f. In the matter ofviolations of the Water Qual.ity Act by Park County, Gardiner, MT, BER 2008-01 WQ. On August 20, 2008, the parties filed a fourth Requestfor Extension. The parties have until December5,2008topresent a SettlementAgreement. g. In the matterofviolations ofthe Opencut Mining Act by James Timis attheTimis Excavation Site Flathead County, MT, BER 2008-02 OC. Hearing Examiner Katherine Orr issued a First Scheduling Order on March 28, 2008. A telephonic prehearing conference is scheduled for September22,2008, and a hearing is scheduled for October7,2008.

BERAgenda Page 1of3 October3,2008h. In the matter ofviolations ofthe appeal by Plum Creek Manufacturing, Inc. of its Montana -., GroundwaterPollution Control System Permit No. MTX00092, HER 2008-06 WQ. The parties are considering dismissal of this case and may present dismissal documents at the December 5, 2008, meeting. i. In the matter ofviolations ofthe Hazardous Waste Act by the Three W's, Inc., and Montana Waste Systems, Inc., HER 2008-07 HW (MT Waste Systems). On August 13,2008, the parties filed a Requestfor Extension. Hearing Examiner Katherine Orr issued a First Order Granting Extension giving the partiesuntil November 21, 2008, to file a prehearing andhearing schedule orto present settlement documents. j. In the matter of the appeal by Eastgate Water and Sewer Association of Helena Sand and Gravel, Inc.'s Opencut Permit No. HSG-017, HER 2008-08 OC. On August 1, 2008, the department filed a Motion to Dismiss the portion of the case pertaining to MEPA. Hearing Examiner Katherine Orrissued an OrderDismissingPetitioner's Challenges to the Violations of the MEPA on August 22, 2008. An OrderRequiringPetitioners to File aMore Definite Statement and an Order Staying Proposed Hearing Schedule was issued on August 22, 2008. Petitioners filed "Petitioner's Response to Board's Order Requiring a More Defmite Statement" was filed on September 5, 2008. A hearing date will be determined on December 6, 2008, by telephone conference. k. In the matter ofviolations ofthe Hazardous Waste Act by the Three W's, Inc., and Montana Waste Systems, Inc., HER 2008-09 HW (Three W's). The parties filed a RequestforExtension on August 13,2008. On August 22, Hearing Examiner Katherine Orrissued aFirst Order Granting Extension giving the parties until November 21, to file a prehearing and hearing schedule or to present settlement documents. l. In the matter ofviolations ofthe opencut mining act by TMC, Inc. at the Nuss Pit, Gallatin County, Montana, HER2008-10 DC. Hearing Examiner Katherine Orr issued a First Prehearing Order on August 22, 2008. The parties have until September 22, 2008, to consult and propose a hearing schedule. 2. CASES INLITIGAnON
a. In the matter of the Notice of Appeal and Request for Hearing of the Citizens Awareness Network, Women's Voices for the Earth, and the Clark Fork Coalition regarding DEQ's approval oftheThompson River CO-Gen, LLC,AirQualityPermitNo. 3175-04, HER2006-18 AQ. A notice ofappeal ofthe denial ofthe requestto amend the affidavit was filed in District Court on July 8, 2008. b. In the matter ofthe 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 Generation Station, HER 2007-07 AQ. The Department ofEnvironmentalhas indicated its intentto file a motion to intervene. The Boardfiled a Transmittal of RecordonAugust 28, 2008. III. ACTION ITEMS A. INITIATION OF RULEMAKING ANDAPPOINTMENTOF HEARING OFFICER 1. Amend ARM 17.8.308,**17.8.504~** 7.8.744, and 17.8.1205 regarding agricultural exemptions from air quality rules and changes regarding operatingpermitapplication and MontanaAir Quality Application processes andthe associated fee rule. B. REPEAL, AMENDMENTORADOPTION OF FINALRULES 1. Inthe matter ofthe amendment ofARM 17.8.505 and 17.8.514 for the annual adjustment ofairquality operation and open burning fees. The Departmentwill recommend the adoption ofthe rule amendments as proposed.

BERAgenda Page 2 of3 October3,20082. Inthe matter ofthe update the Air Quality lncorporation by Reference Rules at ARM 17.8.102, 17.8.301, 17.8.901,17.8.1007,17.8.1206,17.8.1212, 17.8.1232, 17.8.1234, 17.8.1234, 17.8.1302, 17.8.1402, 17.8.1502, and 17.8.1509 (annual update andhousekeeping changes). The Department will recommend the adoption ofthe rule amendments as proposed. C. NEW CONTESTED CASE APPEALS 1. In the matter ofthe violations ofthe Opencut Mining Act by Helena Sand and Gravel, Inc. at the Lake Helena Drive Pit, Lewis and Clark County, Montana, HER 2008-12 OC. The Board received the appeal on August 4, 2008. The Board may appoint a permanent hearing examiner or decide to hear the matter. A Prehearing Order was issued on August 22, 2008. A First Scheduling Order was issued on September 5, 2008. hearing date will be determined onJanuary 20,2009. 2. In the matter ofviolations ofthe Montana Water Quality Act by Wilderness Club, LLC., at the Wilderness Club Eureka, Lincoln County, Montana, HER 2008-13 WQ. The Board received the appeal on August 12,2008. The Board may appoint a permanenthearing examiner ordecide to hear the matter. A First Prehearing Orderwas issued on August 22,2008. The parties have until September22, 2008 to submit aproposedhearing andprehearing schedule. D. FINAL ACTION ON CONTESTED CASES 1. In the matter ofthe appeal by CHS Inc. regarding its Title V operating permitNo. OP1821-01 for the Laurel Refinery, Laurel,Montana,BER2007-23 AQ. The parties filed a Siipulaiion byDEQ and CH.s', l11C. fhr Di.\'missa! ofContested Case on July 31, 2008. An order to dismiss the case will be presented for the Board's approval. 2. In the matter of violations of the Montana Public Water Supply laws by Dale's Dairy at Dale's Dairy Convenience Store, Missoula, Montana, BER 2008-11-PWS. The Board received the appeal on August 4, 2008. The parties filed a Stipulation.!;H' Dismissal on September 11, 2008. An order to dismiss the case willbepresentedfor the Board's approval. IV. GENERALPUBLIC COMMENT A. Under this item, members ofthe public may comment on any public matter within thejurisdiction ofthe Board that is not otherwise on the agenda ofthe meeting. Individual contested case proceedings are not publicmatters on whichthepublic may comment. V. ADJOURNMENT

BERAgenda Page 3 of3 October3,2008

# 22

### Laurie Crutcher

- RPR 406-442-8262 Page 1 BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

BOARD MEETING OCTOBER 3, 2008

TRANSCRIPT OF PROCEEDINGS

Heard at the State Capitol Building 1301 Sixth Avenue, Room 152 Helena, Montana October 3, 2008 9:00 a.fi.



# - BEFORE CHAIRMAN JOSEPH RUSSELL, BOARD MEMBERS LARRY MIRES, HEIDI KAISER, BILL ROSSBACH; ROBIN SHROPSHIRE, and DON MARBLE (All by telephone)

PREPARED BY: LAURIE CRUTCHER,RPR COURT REPORTER, NOTARY PUBLIC P.O. BOX 1192, HELENA, MT 59624 (406) 442-8262



## LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a

### Laurie Crutcher

- RPR 406-442-8262 Page 19
1 

### those,**~nd** 

### those are:appropriate, and don't
I I 2 

### constitute a barrier!to adopting

# t~e notice of
3 

### amendment.
i 4 

### CHAIRMAN RUSSELL: Okay. So I will
5 

### entertain a motion tp adopt the notice of
6

# amendme~t and the

# He~rings Examinet report. Is
7 

### there a:motiOn? 

# I I

8 

# I MR. ROSSB1CH : So moved.

# I Bill.
9 

# i CHAIRMAN**~USSELL:** 

### Is thtre a second? 10 

# I MS. SHROP HIRE: I'll sef'ond it. This
11 

### is Robih.
12 

# I CHAIRMAN USSELL: Any f rther 

# ,­ I 13**discuss~on?** 14 

# I

ere, (No se) 15 

# I CHAIRMAN USSELL: re any member I 16 

### of the

## ~ublic Tom, who ants to speak I 17 

### to this?
18 

### No, Mr. Cha rman. 19 

### CHAIRMAN USSELL: none, all 20 

### those n by saying aye. 21 

### (Respons
22 

### CHAIRMAN RUSSELL: Opposed.
23 

### (No response)
24 

### CHAIRMAN RUSSELL: Motion carries. The 25 

### next item on the agenda is the update of the air


## LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a

# -- Laurie Crutcher

- RPR 406-442-8262 Page 20 1 

### quality incorporation by reference rules, and I'm
2 

### not going to read them all, Tom.
3 

### MR. LIVERS: Mr. Chairman, again, Debra
4 

### Wolfe is going to walk us through the rulemaking.
5 

### MS. WOLFE: Good morning again, members
6 

### of the Board, Chairman Russell. My name is Debra
7 

### Wolfe, and I'm a Planner with the Air Resources
8 

### Management Bureau, and I'm here again today to
9 

### represent the Department regarding action on the
10 

### proposed incorporation by reference rulemaking.
11 

### As you know, the Board annually adopts
12 

### by reference the most recent version of the Code
13 

### of Federal Regulations. As a state with authority
14 

### and delegation for the administration of various
15 

### federal air quality programs, Montana maintains
16 

### primacy in part by adopting these provisions.
17 

### Recently the Courts have vacated a
18 

### number of standards for maximum achievable control
19 

### technology that has been adopted by EPA, and which
20 

### were subsequently incorporated by the Board into
21 

### State law.
22 

### The Federal Courts' action canceling
23­ 

### these standards did not cancel them at the state
24 

### level. You'll note the standards the Court has
25 

### vacated to date are specifically excluded from , I



## LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a

### Laurie Crutcher

- RPR 406-442-8262**~,~** 

### Page 21 W Ii 1 

### this incorporation action; but if more standards 2 

### are vacated between now and the next incorporation 3 

### action, the State will be in the position of 4 

### implementing standards on the books that do not 5 

### reflect what is happening at the federal level.
6 

### The proposed Subsection 17.8.102(2) was 7 

### the Department's attempt to solve the problem of 8 

### the current regulatory interval between Court 9 

### decisions and the adoption of the most current 10 

### CFR. The Department provided notice, held a 11 

### hearing, and received comment on the proposed rule 12 

### amendments and additions. One comment was**~:M~** 13 

### received, and the draft notice of amendment 14 

### reflects the response to that comment. 15 

### I should note that that is the revised 16 

### draft notice of amendment. 17 

### The Department has concluded that many 18 

### issues remain to be examined before a satisfactory 19 

### solution to this problem may be proposed. As a 20 

### result, we now recommend that the Board adopt the 21 

### amendments as proposed, but that the Board not act 22 

### to adopt ARM 17.8.102(2). Thank you. 23 

### CHAIRMAN RUSSELL: Thanks, Deb. Any 24 

### comment or questions for the Department from the 25 

### Board?



# - LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a

### Laurie Crutcher

- RPR 406-442-8262

I" 

### Page 22
1 

### (No response)
2 

### CHAIRMAN RUSSELL: Hearing none, I would
3 

### entertain a motion to amend the regulation and
4 

### adopt by reference except with the proposed
5 

### addition of 17.8.102.
6 

### MR. MIRES: So moved. Larry.
7 

### CHAIRMAN RUSSELL: That would include
8 

### the Hearings Examiner report.
9 

### MR. MIRES: Correct.
10 

### CHAIRMAN RUSSELL: It's been moved by
11 

### Larry.
12 

### MS. KAISER: I'll second. This is
13 

### Heidi. -, 14 

### CHAIRMAN RUSSELL: It's been seconded by
15 

### Heidi. Any further comments?
16 

### (No response)
17 

### CHAIRMAN RUSSELL: Any member of the
18 

### public wishing to speak to this, Tom?
19 

### MR. LIVERS: No, Mr. Chairman.
20 

### CHAIRMAN RUSSELL: Hearing none, all
21 

### those in favor, signify by saying aye. 22 

### (Response)
23 

### CHAIRMAN RUSSELL: Opposed. 24 

### (No response) 25 

### MS. SHROPSHIRE: Aye.


## LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a

### Laurie Crutcher

- RPR 406-442-8262

1
2 3
4 5
6
7
8 9 10
11
12 13

15 14

16
17 18
19
20 21
22 23
24 25 

### Page 23 

### CHAIRMAN RUSSELL: That must have been Robin; is that correct? MS. SHROPSHIRE: I turned my phone from mute to back on, so I said aye. CHAIRMAN RUSSELL: You said aye as in nay or aye as in

-­ MS. SHROPSHIRE: I'm sorry. I think I just turned it on too late. I'm not opposed to it. CHAIRMAN RUSSELL: So the motion carries unanimously. So we**~re** 

### on to the new ccntested case appeals. Katherine. Number one is Sand and Gravel. MS. ORR: Yes, Mr. Chairman, members of the Board. Helena Sand and Gravel received a notice of violation and administrative penalty order in which the Department is stcting that Helena Sand and Gravel violated the Open Cut Mining Act by**u~ing** 

### a different poirt of access than was permitted for two different purposes; and the Department 

# is seeking $1,000 in penalty.

# CHAI~AN RUSSELL: Any qUE 

### stions for I 

### Katherine? (No response)


## LAURIE CRUTCHER, RPR 406-442-8262

95c03af5-870d-4e3a-bedc-5f049bdOf46a-2267­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter ofthe amendment ofARM ) NOTICE OF AMENDMENT 17.8.102,17.8.301,17.8.901,17.8.1007,) 17.8.1201,17.8.1206, and 17.8.1212 ) (AIR QUALITY) pertaining to incorporation by reference ) of current federal regulations and other ) materials into air quality rules ) TO: All Concerned Persons 1. On July 17, 2008, the Board of Environmental Review published MAR Notice No. 17-271 regarding a notice of public hearing on the proposed amendment ofthe above-stated rules at page 1371, 2008 Montana Administrative Register, issue number 13. On August 28, 2008, the board published MAR Notice No. 17-274 regarding a Notice of Second Hearing and Extension of Comment Period on Proposed Amendment ofthe above-stated rules at page 1743, 2008 Montana Administrative Register, issue number 16. 2. The board has amended ARM 17.8.301,17.8.901,17.8.1007,17.8.1201, 17.8.1206, and 17.8.1212 exactly as proposed and has amended ARM 17.8.102 as proposed, but with the following changes, stricken matter interlined, new matter underlined: 17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES (1) remains as proposed. (2) If EPA or a federal oourt of oompetentjurisdiotion vaoates, or otherwise nullifies, any emission standard, in whole or in. part, inoorporated by referenoe pursuant to ARM 17.8.1Od(1)(a) through 

### U), the affeoted emission standard or part thereof shall not be effective after the date ofany suoh decision. (3) through (4)(d) remain the same, but are renumbered (2) through (3)(d). 3. The following comments were received and appearwith the board's responses: COMMENT NO.1: A commentor stated, in opposition to the proposed new ARM 17.8.102(2), that rulemaking actions by the U.S. Environmental Protection Agency (EPA) and vacatures offederal regulations by federal courts should not be automatically accepted as appropriate for Montana and that the board should, instead, undertake its own rulemaking to determine whether federal regulatory changes are appropriate and necessary. The commentor stated that, if Montana law automatically conformed to an invalidated standard that is more stringent than a preexisting standard, Montana would be deprived ofthe opportunity to determine whether it is appropriate to maintain the more stringent standard. The commentor stated that, when an invalidated standard is less stringent than a pre-existing standard, the more stringent federal standard pre-empts Montana law while the state Montana Administrative Register 20-1 0/23/08

# -- -2268­

determines how to proceed and that, therefore, an automatic rule change is not necessary in orderfor the state to maintain primacy over its air quality program. Finally, the commentor stated that automatically changing state rules in response to nullification offederal regulations by a federal court could result in regulatory uncertainty and administrative headache because the court's decision later could be overturned on appeal. RESPONSE: When the board adopts and incorporates by reference federal regulations, including emission standards, it is doing so to: ensure that Montana's air quality rules are at least as stringent as federal air quality regulations; to maintain primacy over implementation of Montana's air quality program; and to timely implement-emission standards that have been developed on the federal level. When the board finds that it is appropriate to adopt a separate state rule, including an emission standard such as the recent mercury emission standard adopted by the board, the board adopts a state rule through a separate rulemaking proceeding. The proposed newARM 17.8.102(2) would not change that process or deprive the board ofthe opportunity, within the restrictions ofstate and federal law, to adopt different or more stringent state rules that the board finds are appropriate and reasonably necessary. Rather, the proposed new subsection would be consistent with the incorporation by reference process. When the board has adopted and incorporated by reference a federal regulation because it is an existing federal air quality requirement, it is consistent to nullify that incorporation by reference when the regulation has been rescinded by EPA orvacated by a federal court. The proposed new subsection was intended to provide greater regulatory certainty and a more efficient rulemaking process by providing immediate nullification of rescinded or vacated federal emission standards rather than having a significant interim period between annual incorporation by reference updates when a standard would have to be implemented by the department and the regulated community on the state level, despite having been nullified on the federal level. Over the last several years, numerous federal emission standards have been vacated by federal courts based on findings that the federal regulations did not conform to requirements ofthe Federal Clean AirAct (FCAA). In most ofthese instances, the challenge that led to court vacature was the claim thatthe federal standard was not as stringent as required by the FCAA. The proposed new rule subsection would prevent implementation of emission standards on the state level that have been found, on the federal level, to violate the FCAA. Also, the proposed new subsection would prevent situations where a regulated entity is required to install equipment or make operational changes that no longerwould be necessary afterthe board's next annual update to the incorporation by reference rules, or, more significantly, install inadequate control equipment that might influence future regUlatory decisions regarding appropriate air pollution control requirements forthe facility.The commentor assumes that, when a court nullifies a federal standard that is less stringentthan a pre-existing federal standard, the pre-existing standard automatically would be in force on the federal level and would pre-empt state. law, making it unnecessary to change state rules in orderto maintain primacy. This is not correct. State primacy is based on the provisions ofthe Clean Air Act of Montana, rules adopted by the board implementing that act, board orders, and other 

### 20-1 0/23/08 Montana Administrative Register-2269­

actions that have been approved by EPA. While a court decision might or might not reinstate a more stringent federal standard that had been superseded by EPA rulemaking, this would have no effect on Montana's incorporation by reference ofthe less stringent federal standard. Without a rule automatically nullifying the vacated less stringent federal standard, it would be necessary for the board to initiate and complete a separate rulemaking process to adopt the more stringent standard. In the meantime, the department and board would be required to enforce the less stringent rule. However, based on issues that arose during the rulemaking proceeding, the board has not adopted the proposed new ARM 17.8.102(2), pending re-evaluation of the proposed language, which may be interpreted in a way that creates regulatory uncertainty regarding the applicable emission standards. Reviewed by: BOARD OF ENVIRONMENTAL REVIEW



### lsiDavid 

### Rusoff By: 

### lsiJoseph W Russell DAVID RUSOFF JOSEPH W. RUSSELL, M.P.H. Rule Reviewer Chairman Certified to the Secretary of State, October 14, 2008.

Montana Administrative Register 20-1 0/23/08

# 24

# Final Notice of Rulemaking Legal Unit Contacts DEQ Staff Directory
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- Incorporation by

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# I Reference of Current Federal Regulations and Other, Materials into Air Oualitv Rules
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