OFFICE OF THE GOVERNOR
 

STATE OF MONTANA
 

BRIAN SCHWEITZER 

GOVERNOR LT. GOVERNOR 

January 16, 2009 RECEIVED 

l·\N 1 6 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 of the Records of Adoption as required by 40 CFR 

Part 51, Appendix V. For your convenience, I will also send two copies of the complete 

rule texts when they become available for distribution. If you have any questions 

concerning the contents of this 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 of Montana 

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: For Your 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 

Contact Type: 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 OF MONTANA 

RECORD OF ADOPTION 

ARMI7.8.102, 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. 

Date of Final Adoption by the Board of Environnlental Review 

October 3, 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 of amended rule (published copy). 

Prepared by: Date: 
1
 
-y .l'v2orr reIr7CL 

Board of EnviroDJnental Revie-wAGENDA
 

BOARD OF ENVIRONMENTAL REVIEW
 

FRIDAY, MAY 30,2008
 

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 order to participate in this meeting, should 

contact the 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.	 BRIEFING ITEMS 

A.	 CONTESTED CASE UPDATE 

1.	 Cases assigned to Hearing Officer Katherine Orr 

a.	 In the matter ofCR Kendall Corporation's request for a hearing to appeal DEQ's decision to deny 

a minor permit amendment under the Metal Mine Reclamation Act, BER 2002-09 MM. 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 of Violations of the Water Quality Act by ASARCO, Inc., BER 2005-09 WQ. A 

Stay ofProceedings was issued by the Hearing Examiner on January }9, 2006, upon notification by 

the Department of the bankruptcy 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 Request for 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 or a proposed prehearing schedule. 

e.	 In the matter of viOlations of the Openeut Mining Act by Big Rock, LLC,at the Wheeler 

Gravel Pit, Missoula County, BER 2007-11 OC. On May 1,2008, the parties filed an Unopposed 

Motion to Continue Telephonic Prehearing Conference. Hearing Examiner Katherine Orr issued an 

Order Resetting Telephonic Prehearing Conference and Hearing Date. A telephonic prehearing 

conference is scheduled for June 4, 2008, and a hearing is scheduled for June II, 2008. 

f	 In the matter of violations of the Montana Water Quality Act by 48 North, Pe. at Spring Creek 

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 scheduled for July 14, 2008. 

BER Agenda	 Page 1 of3 April 4, 2008 
g.	 In the matter of the 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 of the 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 Request for Extension. Hearing Examiner 

Katherine Orr issued an Order Granting Second Extension on April 22, 2008, giving the parties until 

June 9, 2008, to file a hearing schedule or a proposal for settlement. 

j.	 In the matter of violations of the Openeut Mining Act by James 'fimis at the Timis 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 

September 22,2008, and a hearing is scheduled for October 7, 2008. 

k.	 In the matter of violations of the Montana Underground Storage Tank Act by CStore, Inc. at S 

and S Foods, Superior, Montana, HER 2008-03 UST. The parties filed an Agreed Motion for and 

Extension of Time to File Proposed Prehearing Schedule on March 17, 2008. Hearing Examiner 

Katherine Orr issued an Order Granting Extension on March 31, 2008. 

HI. ACTION ITEMS 

A.	 INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER: 

1.	 Amend ARM 17.8.505 and 17.8.514 for the annual adjustment of air quality operation and open burning 

fees. Executive Summary Notice of Publ ic Hearing 

2.	 Update the Air Quality Incorporation 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 housekeeping changes). 

Executive Summary Notice of Public Hearing 

B.	 THREE YEAR REVIEW OF TEMPORARY WATER QUALITY STANDARDS 

The Board is conducting~~~t~qtl~~.dby 7~-5,-312MCA, the three-year review of temporary water quality 

standards adopted for the·~~~:.~()~!~;M:i:iij1!g::D-i~trjct. The Board adopted the TWQ Standards in June 1999 

and conducted a triennial review in July 2002 and 2005. The implementation plan to restore Daisy Creek, 

Fisher Creek, and portions of the 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 in place.. 

C.	 NEW CONTESTED CASE APPEALS 

1.	 In the matter of appeal of March 11, 2008, letter by Schellenger Construction Co., Inc. and 

Tutvedt Family Partnership at the Tutvedt 2 Mine Site, Flathead County, Montana, RER 2008-04 

OC. The Board received the appeal on April 8, 2008. On April 11 the Department filed a Motion to 

Dismiss with Supporting Brief. 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 

Board may appoint a permanent hearing examiner or decide to hear the 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 of the Notice of Appeal and Request for Hearing of the Citizens Awareness Network, 

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

Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, BER 2006-18 AQ. Hearing 

Examiner Katherine 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 of the proposed remand order. 

The Department filed a motion for clarification. The Board will hear oral argument and deliberate on the 

exceptions and the clarification request and may take action on them. 

G	 Petitioners Exceptions [0 Findings of Fact, Conclusions of Lmv and Proposed Order 

o	 Notice of Intent Not to File Exceptions 10 IJearing Examiner's Finding of Fact, Conclusions of Lnv 

and Proposed Order and Request for Clarification of Remand 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, BER 2007-06 & 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 of l;:l\v, and an order. The Board will 

adopt fmdings of fact, conclusions of law, and an order either in the draft presented to the Board or in a 

modified form. 

.-	 • DEQ's BriefConceming l-::flect of Permit Hemand on SME's Ahiliry to Construct its eFR Boiler 

•	 SME's Brief Concerning Effecl of Permit Remand on Its Ability to Construct HGS Pending pm2.5­

Specific BACr Analysis 

•	 MEIC's Brief in Support of Proposed Order 

4.	 In the matter of the appeal by the City of Whitefish regarding its MPDES permit No. MT0020184 

for the Wastewater Facility, Whitefish, Montana, BER 2007-24 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's approval. 

5.	 In the matter of violations of the Montana Public Water Supply laws by the City of Helena at the 

City of Helena Public Water Supply System, Helena, Montana, BER 2008-05 PWS. The Board 

received the appeal on May 13,2008. The parties filed a Slipu!cl/ion./i)r DismL\'sal on May 15,2008. An 

order to dismiss the case will be presented for the Board's approval. 

IV. GENERAL PUBLIC COMMENT 

A.	 Under this item, members of the public may comment on any public matter within the jurisdiction of the 

Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings are pot 

public matters on which the public may comment. 

v.	 ADJOURNMENT 

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BERAgenda	 Page 3 of3 May 30,2008 
2
 
-1371­

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 

) 

) 

) 

) 

) 

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 of the above-stated rules. 

2. The board will make reasonable accommodations for persons with 

disabilities who wish to participate in this public hearing or need an alternative 

accessible format of this notice. If you require an accommodation, contact Elois 

Johnson, Paralegal, no later than 5:00 p.m., July 25,2008, to advise us of the nature 

of the 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 of the Code of Federal Regulations (CFR); 

(b) adopted a section of the United States Code (USC) by reference, the 

reference is to the 2000 edition of the USC and Supplement At V (200& 2005); 

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

of Montana by reference, the reference is to the December 31, 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, of 40 CFR Part 60, are 

excluded from incorporation by reference: 

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

and Industrial Solid Waste Incineration Units for which Construction is Commenced 

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

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

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

13-7/17/08 MAR Notice No. 17-271 
-1372­

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

(4) The following subparts, or portions thereof. of 40 CFR Part 63 are 

excluded from incorporation by reference: 

(a) 40 CFR 63. Subpart JJJJJ, National Emission Standards for Hazardous 

Air Pollutants for Brick and Structural Clay Products Manufacturing (40 CFR 63.8380 

through 63.8515, and all associated appendices and tables), as vacated March 13. 

2007, by the U.S. Circuit Court of Appeals, D.C. Circuit: 

(b) 40 CFR 63. Subpart KKKKK, National Emission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, 

and all associated appendices and tables), as vacated March 13,2007, by the U.S. 

Circuit Court of Appeals. D.C. Circuit: 

(c) 40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous 

Air Pollutants for Industrial. Commercial. and Institutional Boilers and Process 

Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and 

tables), as vacated June 8,2007. by the U.S. Circuit Court of Appeals. D.C. Circuit: 

(d) Portions of 40 CFR 63, Subpart 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 of Appeals, D.C. Circuit. 

AUTH: 75-2-111, MCA
 

IMP: Title 75, chapter 2, MCA
 

17.8.301 DEFINITIONS For purposes of this 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 of continuous operation or for a typical portion thereof, 

divided by the number of hours of such 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 of cycles, divided by the hours of 

actual process operation during such a period. Where the nature of any process or 

operation or the design of any equipment is such as to permit more than one 

interpretation of this 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 of a major stationary source that would result in a significant 

net emissions increase of any pollutant subject to regulation under the FCAA. 

(a) remains the same. 

(b) A physical change lr1. or change in the method ot operation 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 of this subchapter, the following 

requirements shall apply: 

(a) the requirements of ARM 17.8.906, except that 17.8.906(7) through (9) is 

are not applicable to offsets required under this subchapter; 

(b) remains the same. 

(c) in the case of emission offsets involving volatile organic compounds and 

oxides of nitrogen, offsets will generally be acceptable if they are obtained from 

within the areas specified in (1 )(b). If the proposed offsets would be 'from sources 

located at considerable distances from the new source, the department shall 

increase the ratio of the 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 of emission 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 if the emission 

offsets provide a positive net air quality benefit, are obtained from an existing source - on the same premises or in the immediate vicinity of the 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 of such 

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 of federal 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 of the 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 of the 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 of public 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 of the 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 of the 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 of chronic 

respiratory disease). Regarding primary standards for particles less than or equal to 

1O~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 

PM10 secondary standards, and revoked the annual PM10 secondary standard. 

This suite of secondary 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 or violation of 

the NMOS will not result in redesignation of the area's attainment or nonattainment 

status if the state adequately demonstrates that the exceedance or violation resulted 

from an exceptional event. The regulations require states to take reasonable 

measures to mitigate the impacts of an 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 of data 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 of performance 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 of existing 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 of all existing 

transfer machines two years from the effective date of the 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 of the NESHAP, the administrator received petitions 

for administrative reconsideration of the promUlgated rule, and several petitions for 

judicial review of the final rule were filed in the United States Court of Appeals for the 

District of Columbia Circuit. On November 14, 2005, pursuant to a settlement 

agreement between some of the parties to the litigation, EPA published a notice of 

proposed amendments to address some of the 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 or the ability.of enforcement agencies to ensure compliance. 

Other proposed amendments to the rules include: the addition of ARM 

17.8.102(2), allowing for removal of affected CFR requirements, as incorporated, 

without the need for rulemaking if future requirements contained in the CFR, and 

incorporated by reference, are vacated; the addition of ARM 17.8.102(3) and (4), 

providing exclusions from incorporation by reference for specific requirements of the 

CFR that have been vacated; and minor editorial changes to conform to the current 

format of the 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, at the 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 of the person to receive notices and specifies that the 

person wishes to receive notices regarding: air quality; hazardous waste/waste oil; 

asbestos control; water/wastewater treatment plant operator certification; solid 

waste; junk vehicles; infectious waste; public water supply; public sewage systems 

regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine 

reclamation; strip mine reclamation; subdivisions; renewable energy 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 of 2-4-302, 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, July 7, 2008. 

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

Administrative 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 of Currant 

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 of Public 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 of Solid 

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 of SQlid Waste Landfill F.:Jcilities '. 

MAR Notice No. 17-269) 

5:00 p.m. Notice ofEwtension of Comment 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 matter of the incorporation by reference of air quality rules to be
 

considered.:Oft.,*agust.~ by the Montana Board of Environmental
 

Review.
 

My name is Eric Merchant. 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 editions of the 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 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, 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 of the 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 staff attorney, prepared for the Board of Environmental Review an 

HB 521 review, comparing stringency of state and local rules to any comparable federal 

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5
 
ENVIRONMENTALQlJAUfV Brian Schweitzer, Governor 

Montana	 Department 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 of Project: Proposed Amendment ofAir Quality Incorporation by Reference Rules
 

MAR Notice No. 17-271
 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST
 

- DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS
 

UNDER THE PRIVATE PROPERTY ASSESSMENT ACT?
 

YES NO 

X 1. Does the action pertain to land or water management or environmental regulation 

affecting private real property or water rights? 

X 2. Does the action result in either a permanent or indefinite physical occupation of 

private property? 

X 3. Does the action deprive the owner of all economically viable uses ofthe property? 

X 4. Does the action deny a fundamental attribute of ownership? (Ex.: right to exclude 

others; right to dispose ofthe property) 

X 5. Does the action require a property owner to dedicate a portion ofproperty or to grant 

an easement? [If the answer is NO, skip questions 5a and 5b and continue with question 

6.] 

5a. Is there a reasonable, specific connection between the government requirement and 

legitimate state interests? 

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

use ofthe property? 

X 6. Does the 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 the property by causing some physical disturbance with 

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

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

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

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

waterlogged, or flooded? 

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

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

from the property in question? 

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

checked in response to question 1 and also to anyone or more ofthe following questions: 

2, 3, 4, 6, 7a, 7b, or 7c; or ifNO is checked in response to question 5a or 5b. 

,~~
 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
 

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- 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
 

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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 

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,:,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 

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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
 

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

August 14, 2001 

Elois Johnson 

DEQ 

1520 E. Sixth Av@. 

P.O. Box 200901
 

Helena, MT 59620...0001
 

eiohnson@mt.iQ'V
 

We are writing to express our opposition to the proposed changes to ARM 17.8.102 (2). This 

rule amendment would provide that any time the U.S. Environmental Protection Agency or 

federal ooUrt nullifies or vacates any portion of an emission standard, that similar Montana rules 

would automatically be nulHfiecl or vacated as well. 

Montana has an independent obligation to ensure 'that its administrative rules lawfully implement 

the federal Clean Air Act, but also the Clean Air Act ofMontana and Montanans' "right to a 

clean and healthful enviroDmcnt." Mont. Canst art. II, § 3. Montana may not delegate these 

respo115ibilities to the BPA.. Thus, an action by EPA to weaken environmental standards should 

not be automatically.accepted as appropriate for Montana. Instead, the Board ofEnvironmental 

Review should undertake its own rulemaking-eonsidering the unique requirements ofState law 

and the needs ofMontana and its citizens-to detennine whether the regulatory change is 

necessary and appropriate. 

It would be also be inappropriate for the State to automatically adopt changes made by the EPA 

in light ofthe recent spate ofcourt rulings that have determined EPA air quality rules to be 

illegal. It would have been premature for MODtaDa to automatically change any of its rules based 

upon tbe aSsumption that EPA wu actin! in the best interest of Montana citi~. It is extremely 

importantfor the BBR. to maintain this oversight role to guarantee the protection of all 

Montanans. 

The State sbould allO mabniD the rulemaking process when a court ruling nullifies or vacates a 

portion ofa feclcraI emission st8Ddard. IfMontana law automatically conformed to the 

invalidated Itimdard, IIIl the iIlvalidated standard is more stringent than the pre-existini 

standard, then MontIIDa would be deprived ofthe opportunity to determine whether it is 

appropriate to maiD1IUDthe more sbinsem standard. Montana is allowed to have rules more 

striqent than the federallovemment within cerrain parameters. Federal law only prohibits 

Montana from have rulei that arc weaker than federal requirements. 

Furthermore, in circumstances where the invalidated standard is weaker than the pre-existing 

standard, State law IDIX be changed to maintain compliance with the court order and underlying 

,,-..	 federal statute. However, Montana need not automatically adopt the pre-existing standard. 

Instead, it may find an alternate strategy that more appropriate for Montana. In these instances, 

even if state law is Dot automatically changed, the stronger federal standard will preempt 

Montana Jaw while the State charts a course of action to change its regulations. Therefore, there 
_.:J{ 1 'j'jlj I~Jl : 1 q. uuuuuu 

is no argument that an automatic I11le change in response to a court order is necessary to maintain 

primacy. 

Finally7 Montana"s proposal to automatically change state law in response to court orders could 

result in siptificant regulatory uncertainty and administrative headache. If a federal district court 

order is overturned in an appellate proceeding, Montana would have to initiate a new rulemaking 

proceeding to adopt the rule that was automatically eliminated following the lower court's 

decision. 

Perhaps no air quality regulations are as important to public health as emission standards. It is 

critical to allow the public. say in how these standards are being changed. The BER's 

rulemakina proeess.is the most accessible and appropriate forum for public involvement on these 

important public health isaues. 

We urgc the DEQ to withdraw the proposed chanaes to ARM 17.8.102 (2). 

Please contact us ifyou ~ve any questions or need additional clarification. 

Sincerely, 

Anne Hqes 

Montana Environmental Infonnation Center 

Signing for: 

Jennifer Swearinlen 

Montanans Against Toxic BlU'Ding 

Jeff van den Noort 

Montana Chapter of the Sierra Club 

Alexandra Gorman Scranton 

Women's Voices for tM Birth 
8
 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NOTICE OF PUBLIC HEARING 

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, 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 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.	 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 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. 

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'prior to the meeting to advise us of the needed 

accom m odati 0 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 'Ill adsworth 

(406) 841-5092 or 

Paul Hicks (406) 

841-5095 

Meeting - to conduct the 

business of the 

Petr'Jleum Tank Release 

Compensation Board 

Agenda 

;2~~~a;:~~IY John K:o~rth Public Meeting to present IExpanded 10, 2008 ICooke City Fire Hall I.(40.6).. 841-50?6 inforl!'~~i0 ':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:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT.
 

(ARM 5019-021)
 

Please publish the attached document in the legal section of your newspaper on Sunday, July 

27,2008. Return the original affidavit of publication and a copy ofthe billing statement to the 

address below. Our billing number is: 14305 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, please call me at (406) 444-0524. 
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 of the 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 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.	 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 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 Schweitzer, Governor 

P. O. Box 200901 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 FOR LEGAL ADVERTISEMENT
 

(ARM 5019-022)
 

Please publish the attached document in the legal section of your newspaper on Sunday, July 

27,2008. Return the original affidavit of publication and a copy ofthe billing statement to the 

address below. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, 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 of the 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 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.	 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 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 QUAUTY Brian Schweitzer, Governor 

P. O. Box 200901 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:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-023) 

Please publish the attached document in the legal section of your newspaper on Sunday, July 

27, 2008. Return the original affidavit of publication and a copy ofthe billing statement to the 

address below. Our billing account number is (406) 444-3490 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, please call me at (406) 444-0524. 
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 of the 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 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.	 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 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 Schwcitlcr, Governor .­

P. O. Box 200901 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 NOTICE FOR LEGAL ADVERTISEMENT
 

(ARM 5019-024)
 

Please publish the attached document in the legal section of your newspaper on Monday, July 

28, 2008. Return the original affidavit of publication and a copy of the billing statement to the 

address below. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, 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 of the 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 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.	 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 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 Schweitzer, Governor 

P. O. Box 200901 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:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-025) 

Please publish the attached document in the legal section of your newspaper on Sunday, July 

27, 2008. Return the original affidavit of publication and a copy of the billing statement to the 

address below. 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, 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 of the 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 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.	 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 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. Box 200901 Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov 

July 25, 2008 

Interested Parties: 

The Board of Environmental Review is currently considering the adoption of rules incorporating 

by reference federal and state rule updates. In order to be included into the State Implementation 

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

the Board's proposed amendment of rules is available on the website at the address included in 

this notice. For the final disposition ofthe Board of Environmental Review in this or any matter, 

please see the Board's website at: http://deq.mt.gov/ber/index.asp. 

Please help us save paper and postage by signing up on our website to receive these notices 

electronically at: http://deq.mt.gov/AirQuality/AQinfo.aspornotifyingDebraWolfe,at: 

- dwolfe@mt.gov or (406) 444-7916 if you no longer want to be on the Interested Parties mailing 

list. 
· 11
 
1\, Dvr,0,IVRD ~_.J.., ' ...J, ~,

,- JUl 3 () 2008 

MT D8~;l. ~nviron~ental aual_
 

Permitting &- Compl.ance oMsoD
 

PJr Resources Management Bureau
 

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!rrot 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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1. On September 5,2008 at 10:00 a.m., Or as soon p) 

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CO :E ::r;::-: S:31l ronmental Quality shall hold a public hearing in Room .., 3 

111 of the Metcalf BUilding, 1520 E. 6th Avenue, Hele­ o CD (D CD CO 0 (j)

Ol ' CO Ol .., na, Montana, to take public comment regarding the in­ 

0.9: O· corporation by reference of air quality rUles currently Oeno­ o 

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making. 

o CD .;" ::J(f) o ..... 4. The proposal also inclUdes variQus non­ Cw Ol ..... 11 sUbstantive "housekeeping" changes. 0- :E~ :c 5. Interested persons may View the proposed rUles 0'0 o CD on the Department's website at m Ol=: bttp/!www deq.mt gOVlmeet;ngs.a§j2 or may ball the :=, 0 as. :0 Department at 406-444-7916 to have a COpy made o ­ (') aVailable for their inspection. ::JW !!J Q~ 6. The State of Montana makes reasonable accom­ - 0 L... 0 mOdations for any known disability that may interfere .......... ::J :::J
 with a person's ability to participate instate government proCeedings. Persons needing accommodation ..........
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must notify Debra WOlfe by 9allin~406-444_?916no -::J OJ 0 latertl1an S:OO p:.m:", Au.Q4J,st129,'2008toaltow.ade_ ..... .., ......... Ol
 quat~ tims,!t!:>: arrrenge r.easan;QbleaCe<imfb()datiOA• Co. o 7. Interested per,S<?ns O1EiY FliJ~lt;tl'leif'dala;v.ifi)Ws. CO en 00 or arguments regarding these adooment~atth~hearOl II ing. Written data, views, or arguments may also be 

submitted to Debra Wolfe by mail at: P.O. Box 

~:

1 ::J~ 20090 , Helena, Montana 59620-090 " by fax at: 

406-444-1499, Or bye-mail at dWQlfe@mt QQY. All 

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en

o' 

en? ..... ­ written comments must be received no later than ... ::+:0 close of hearing, September 5, 2008. CO=: Qo­ JUly 27, 2008
 

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* * * Proof of Publication* * * 

Missoulian Classified 

Put us to work for you 

500 South Higgins Avenue
 

Missoula, MT 59801
 

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

Fax: (406) 523-5221
 

Email: classified@missoulian.com
 

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 HERETO ATIACHED, WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID:' . ....•·1 .\) . . 

AD NUMBER: 3712134 

MONTANA DEPARTMENT OF ENVIRONMENTAL 

QUALITY· NOTICE OF PUBLIC HEARING ARMBS019-023 l.ON SEPTEMBER 5. 2008 AT 10:00 A.M., OR AS SOON THEREAFTER AS CAN BE HEARD, THE DEPARTMENT 

,...IllJ~~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 TO ARRANGE 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~' -'. "' ..';~ f~~-'~l t~ ,;1 f1'" -"~_'.

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. Interested persons 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: 

406-444.7916 to have a copy made, 

available for their inspection, • 

6, The' State' of Montana makes' 

reasonable accommodations for' 

any known disability that 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 Debra Wolfe 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 of Publication 

3 

STATE OF MONTANA 

County of Custer 

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

she has been the principal clerk of the printer of the 

MILES CITY STAR, a daily newspaper of general 

circulation, printed and published at Miles City, in said 

County and State. That The Notice of Public Hearing 

ARMB 5019-024. A printed and true copy which, cut 

from the columns of said newspaper, is hereto attached, 

and made a part hereof, was printed and published in 

said newspaper, in the regular and entire issue of every 

number ofthe paper during the period, July 28, 2008. 

Signed~, jW.dJcn.cc:­

Subscribed and sworn to before me this 6,+4-­ --=~---

day of ;'4 ,2008

"<1.1,,,.e--J 

Sharon Cline, Notary Public for the state of Montana, 

residing at Miles 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 

10:00 a.m., or as soon thereafter as can be heard, the 

Department of EnvIronmental Quality shall hold a pUb­ lic hearing In Room 111 of 

the Metcalf Building, 1520 E. 

6th Avenue, Helena, Montana, to take public com­ ment regardIng the Incorporation by reference Of air 

quality rules currently pro­ posed 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 refer­ ence Of certain rules to 

adopt the current editIons 

of federal statutes and reg­ ulations and other state ~Ies.

The proposed Inclusion of ~M 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 httg·/Jwww deD mt gov/ meetings asp or may call 

the Department at 406-444­

7916 to have a copy made

available fOr their Inspec­ tion. 

6. The State of Montana 

makes reasonable accom­ modations for any known 

disability that may Interfere

With a person's ability to 

participate In state govern­ ment 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 aaequate time 

to arrange reasonable ac­ commodation. 

7. Interested persons may submit their data, views, or arguments regarding these documents at the hearing. written data, Views, or argu­ 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 must be 

received no later than close 

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 of Yellowstone, State 

of Montana, and has charge of the 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{d J tD'6 

Making all { publication(s) 

M~ b~IOW if certificatation for the State of Montana. 

hereby certify 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 of the minimum rate charged any other 

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

and just in all r ects, and that payment 0 dit has not been received. 

On this day of Jul 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 is subscribed to the within instrument and 

acknowledged to me that he/she executed same. IN WITNESS WHEREOF, I 

have hereunto set my hand and affixed my notarial seal the day and year first 

above written. 

~q1{ '>111 p;, /J 01a/l£/~YNTHIAAMANNING 

NOTARY PUBLIC for the State of Montana 

Residing at Billings, MTQ ILJ1.. de-/) /1 LI 

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 of the 

notice of public he~ring t6'h,embers of APCAC and each of the persons listed in 

the attached Interested Parties list in the matter of the amendment of air quality 

incorporation by reference rules to adopt the current editions of federal 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 of Environmental Review is currently considering the adoption of rules incorporating 

by reference federal and state rule updates. In order to be included into the State Implementation 

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

the Board's proposed amendment ofmles is available on the website at the address included in 

this notice. For the final disposition of the Board of Environmental Review in this or any matter, 

please see the Board's website at: http://deq.mt.gov/ber/index.asp. 

Please help us save paper and postage by signing up on our website to receive these notices 

electronically at: http://deq.mt.gov/AirQuality/AQinfo.aspornotifyingDebraWolfe,at: 

.- dwolfe@mt.gov or (406) 444-7916 if you no longer want to be on the 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 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 

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 

I 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 

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 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 

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 Walsh 
ricklarson@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 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 

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
 

SHUMAKER TRUCKING
 

POBOX 1279
 

G~AT FALLS, MT 59403
 

TIM BLUME
 

US ARMY ENVIRONMENTAL
 

729-19TH ST 4TH FLR RM 427
 

DENVER, CO 80202-2500
 

WANDA BURGET
 

POWDER RIVER COAL CO
 

CALLER BOX 3034
 

GILLETTE, WY 82717
 

LORI CLARK
 

FOREST SERVICE AIR QUALITY
 

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 QWEST EH & S
 

1855 S FLATIRON COURT
 

BOULDER, CO 80301
 

NATHAN EKLUND
 

SUMMIT ENVIROSOLUTIONS INC
 

1217 BANDANA BLVD
 

STPAUL, MN 55108
 

WILLIAM E FLYNN
 

LUZENAC AMERICA
 

767 OLD YELLOWSTONE TR
 

THREE FORKS, 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
 

PO BOX 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 SKY MINING CO 

PO BOX 97
 

COLSTRIP, MT 59323
 

ELLA GUTZKE
 

SHERIDAN MEMORIAL 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
 

STIMSON LUMBER CO
 

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
 

GLACIER ENGINEERING PC
 

124 1ST AVE S STE 17
 

GREAT FALLS, MT 59401
 

JOHN GERHART 

PO BOX 283
 

BELT, MT 59412
 

JOE HANSON
 

TOWN OF ALBERTON
 

POBOX 115
 

ALBERTON, MT 59820
 

1 
WILLIAM HARBRECHT
 

WESTERN ENERGY CO
 

PO BOX 99
 

COLSTRIP, MT 59323
 

HOWARD HOGAN
 

TOWN OF ALBERTON
 

PO BOX 115
 

ALBERTON, MT 59820
 

BRUCE HUNNER
 

RAVALLICOUNTYENV
 

ENFORCEMENT & COMPLIANCE
 

215 S 4TH ST STE D
 

HAMILTON, MT 59840
 

BRUCE JOHNSON
 

SUMMIT ENVIROSOLUTIONS INC
 

1217 BANDANA BLVD
 

ST PAUL, MN 55108
 

BOB KELLY
 

INTERTEC
 

619 S W HIGGINS STE S
 

MISSOULA, MT 59803
 

JERRY D. KNUTSON
 

WEST TECH SUPPLY & SERVICES
 

PO BOX 80711
 

BILLINGS, MT 59108
 

MICHAEL J LUCIANO
 

FARM HARVESTING OF EUREKA
 

POBOX 1050
 

EUREKA, MT 59917
 

GABRIEL MCAULIFFE
 

SIERRA RESEARCH
 

1801 J ST
 

SACRAMENTO, CA 95814
 

WALTER L MCNUTT
 

AG EQUIPMENT SALES
 

110 12TH AVE SW
 

SIDNEY, MT 59270
 

DARREL MYRAN
 

WESTMORELAND RESOURCES
 

BOX 449
 

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 LAST CHANCE GUL STE A
 

HELENA, MT 59601
 

DALE J JOHNSON
 

ENVIRONMENTAL HEALTH
 

4748 RIMROCK RD
 

BILLINGS, MT 59106
 

DICK JUNTUNEN
 

RESOURCE MGMT ASSOCIATES
 

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
 

PO BOX 147
 

KALISPELL, MT 59903-0147
 

ALLEN NIPPLE
 

SPRING CREEK COAL CO
 

PO BOX 67
 

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
 

STILLWATER MINING CO
 

HC54 BOX 365
 

NYE, MT 59061
 

-.., 

LION TECHNOLOGIES INC
 

ATTN LIBRARY
 

PO BOX 700
 

LAFAYETTE, NJ 07848
 

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
 

BOB MONTGOMERY
 

WESTERN ENERGY CO
 

PO BOX 99
 

COLSTRIP, MT 59323
 

TODDO'HAIR
 

MONTANA GOVERNMENT AFFAIR~'
 

RTEA
 

1910 5TH AVE
 

HELENA, MT 59601-4718
 
OWEN ORNDORFF DICK PAULSEN MIKE PHILBIN 

YELP AMERICAN LUNG ASSN BLM 

1087 W RIVER ST STE 200 825 HELENA AVE 5001 SOUTHGATE DR 

BO~E, ID 83702 HELENA, MT 59601 BILLINGS, MT 59101-4669 

STEVE PILCHER 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 SUPERIOR ENTERPRISES 

BOX 610 2215 FRONTAGE RD PO BOX 128 

CHOTEAU, MT 59422 BILLINGS, MT 59101-7307 SUPERIOR, MT 59872 

DENNIS J SNOW RS PATRICIA SPENCER LYNN STABENFELDT 

DAWSON CITY SANITARIAN ENVIRONMENT REPORTER MULTISTATE ASSOCIATES INC 

207 WBELL BNA 1231 25TH ST NW S 382 515 KING ST 

GLENDIVE, MT 59330 WASHINGTON DC, DC 20037 ALEXANDRIA, VA 22314 

FRED STEELE RICK STEFANIC JODEE STEIN 

CSKT TRIBAL HEALTH BUREAU OF INDIAN AFFAIRS WELLS FARGO 

BOX 880 316 N 26TH ST 175 N 27 ST 

ST IGNATIUS, 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 13TH AVE 

BOZEMAN, MT 59715 

RAY TILMAN 

MONTANA RESOURCES 

600 SHIELDS AVE 

BUTTE, MT 59701 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX 2029 

BROWNING, MT 59417 

SCOTT WALKER 

YELLOWSTONE CITY COUNTY CARBON COUNTY HEALTH DEPT CENTURY COMPANIES INC 

510NBROADWAY BOX 466 BOX 739 

BILLINGS, MT 59101 RED LODGE, MT 59068 LEWISTOWN, MT 59457 

FARMERS UNION OIL CO MONTANA AUDUBON MONTANA MOTOR CARRIERS 

1000 SMELTER AVE POBOX 595 501 N SANDERS ST #201 

BLACK EAGLE, MT59414 HELENA, MT 59624 HELENA, MT 59601-4552 

1\ .TANAPOWERCO 

PO BOX 38 

COLSTRIP, MT 59323 

NORTHERN PLAINS RESOURCE 

COUNCIL 

220 S 27TH ST STE A 

BILLINGS, MT 59101-4106 

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 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 (SIP) The Department proposes submitting the rules to EPA for 

inclusion into Montana's State Implementation Plan (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 5, 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 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 of the Air Pollution Control Advisory Council of this 

hearing. The Department will receive written or oral comments until, but not later than, 

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

Copies of the rules and the hearing notice are available at the door. Anyone who 

wishesto testify must register on the sign-up sheet. For transcription purposes, please 

identify yourself before testifying. 

Does anyone wish to comment in support of the inclusion of the rules into the SIP? 

Does anyone wish to comment in opposition to the inclusion of the 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 of this 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
 

In the matter of the incorporation by reference of air quality rules proposed 

by the 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 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 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 of these 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 

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\! ..'of {,C,­

G:\ARMB\AMAP\Rule Development\MEM\IBR\IBRhearingsofftext.doc 
15
 
BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY
 

In the matter of the ) 

Inclusion of rules ) HEARINGS OFFICER 

Into the Montana ) REPORT 

State Implementation Plan ) 

On September 5, 2008, I, Eric Merchant, conducted a public hearing in Room 111 of the 

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 of the 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 of today'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 of the hearing for the Department of Environmental Quality 

(Department), a copy of which is attached to this report. Members of the public 

attended the hearing; a copy of the sign-up sheet is attached. 

At the beginning of the hearing, I stated the date and location of the hearing as 

advertised in the public notice. I also stated that interested parties were notified of the 

hearing. A copy of the hearings officer statement and public notice is attached. 

Debra Wolfe represented the Department and testified at the hearing in support of the 

the submission of the rules to EPA for inclusion into the SIP. Ms. Wolfe noted no 

written comments were received regarding the inclusion of the proposed rules into the 

SIP prior to today's hearing. As set forth in the public notice, the comment period 

ended at the conclusion of the 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

1520 East Sixth Avenue . 

'ilelen~,Monta#a " 

.Septein~_~r5~ 2008 

,- 10:00 a.m. 

,BEFORE.THE'DEPJ\RtM~ENT ,OF ENVIRONMENTAL QU;\LITY 

OF THE STATE OF MONTANA 

INRE: 

The Incorporation byreference ofair 

. qu~lity rules currently proposed bythe 

Montana Board of Enviromnental Review 

into the Montana StateJmplementation Plan"(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 

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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 

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16 

17 

18 

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20 

21 

22 

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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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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 

24 
DEQ
 Transcript of Proceedings

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 

Additionally (1) D

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 

September 05, 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 

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DEQ Transcript of Proceedings
 

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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17
 
-1743­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

In the matter of the amendment of ARM ) 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 

of the 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 

consider the proposed amendment of the 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 of this notice. If you require an accommodation, contact Elois 

Johnson, Paralegal, no later than 5:00 p.m., 'September 8, 2008, to advise us of the 

nature of the 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 later than 

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 of the person to receive notices and specifies that the 

person wishes to receive notices regarding: air quality; hazardous waste/waste oil; 

asbestos control; water/wastewater treatment plant operator certification; solid 

waste; junk vehicles; infectious waste; public water supply; public sewage systems 

regulation; hard rock (metal) mine reclamation; nlajor facility siting; opencut mine 

reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; 

wastewater treatment or safe drinking water revolving grants and loans; water 

quality; CECRA; underground/above ground storage tanks; MEPA; or general 

procedural rules other than MEPA. Notices will be sent 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 of 2-4-302, 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. 17-274 

Administrative 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~tion biz' Reference of Currerlt 

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.1 7-273) 

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.1 7-272) 

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 of C'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 

ENVlRONMENl'nQUAUTY Brian Schweitzer, Govenmr

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

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 supplement the hearing held on August 6, 

2008. 

The Department inadvertently failed 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 of current 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 may find the MAR notices at www.deg.mt.gov/dir/legal/hearing.asp. If you 

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 our website 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 if you no longer 

want to be on the Interested Parties mailing list. 

Enforcement Division • 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? I 2008 /' ' \./ 

RE: Notice to interested parties and APCAC members 

I certify that on <'~L?tb';: 7· ,2008, I mailedlemailed a copy of the 

supplemental notice rpublic hearing to members of APCAC and each of the 

persons listed in the attached Interested Parties list in the matter of the 

amendment of air quality incorporation by reference rules to 

liP	 adopt the current editions of federal 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.doc 
MARTIN 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 FLR RM 427 

DENVER, CO 80202-2500 

JOHN BRUEGGEMAN ROBIN BULLOCK WANDA BURGET 

STATE REPRESENTATIVE ARCO POWDER RIVER COAL CO 

321 LAKEVIEW DR 317 ANACONDA RD CALLER BOX 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 AIR QUALITY 

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 

SUMMIT ENVIROSOLUTIONS INC ASARCO TROY UNIT HAYS LODGEPOLE SCHOOLS 

1217 BANDANA BLVD PO BOX 1660 BOX 110 

ST PAUL, MN 55108 TROY, MT 59935 HAYS, MT 59527 

WILLIAM E FLYNN ROBERT D FOOTE ALAN FRONBERG 

LUZENAC AMERICA EXXON MOBIL CORP GLACIER ENGINEERING PC 

767 OLD YELLOWSTONE TR 607 EXXON RD 124 1ST AVE S STE 17 

THREE FORKS, MT 59752 BILLINGS, MT 59101 GREAT FALLS, MT 59401 

PEGGY FRUIT 

TOWN OF BROADUS 

POBOX 659 

BROADUS, MT 59317 

RONALD GEHRKE 

BIG SKY MINING 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 ENERGY CO 

POBOX 1409 440 W LAUREL AVE PO BOX 99 

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 STE A 

HELENA, MT 59601 

BRUCE RUNNER 

RAVALLICOUNTYENV 

ENFORCEMENT & COMPLIANCE 

215 S 4TH ST STE D 

HAMILTON, MT 59840 
DALE J JOHNSON 

ENVIRONMENTAL HEALTH 

4748 RIMROCK RD 

BIT TNGS, MT 59106 /'~

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY, MT 59634 

TOM KIRCHER 

STILLWATER MINING CO 

HC54 BOX 365 

NYE, MT 59061 

MICHAEL J LUCIANO 

FARM HARVESTThrG OF EUREKA 

POBOX 1050 

EUREKA, MT 59917 

BRIAN MCHUGH 

MAXIM· TECHNOLOGIES INC 

618 S 25TH 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 

MIKE PHILBIN 

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, MT 59108 

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 

WESTMORELAND RESOURCES 

BOX 449 

HARDIN, MT 59034 

OWEN ORNDORFF 

YELP 

1087 W RIVER ST STE 200 

BOISE, ID 83702 

STEVE PILCHER 

POBOX 1715 

HELENA, MT 59624-1715 

WADE SELLERS 

SUPERIOR ENTERPRISES 

POBOX 128 

SUPERIOR, MT 59872 

FRED STEELE
 

CSKT TRIBAL HEALTH
 

BOX 880
 

ST IGNATIUS, MT 59865
 

BRUCE JOHNSON 

SUMMIT ENVIROSOLUTIONS INC 

1217 BANDANA BLVD 

ST PAUL, 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 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

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 

ENVIRONMENT REPORTER 

BNA 1231 25TH ST NW S 382 

WASHINGTON DC, DC 20037 

RICK STEFANIC 

BUREAU OF INDIAN AFFAIRS 

316 N 26TH ST 

BILLINGS, MT 59101 
SAM STEPHENSON 

ARCO 

317 ANACONDA AVE 

BUTTE, MT 59701 

RAYTILMAN 

MONTANA RESOURCES 

600 SHIELDS AVE 

BUTTE, MT 59701 

CENTURY COMPANIES INC 

BOX 739 

LEWISTOWN, MT 59457 

PACK & COMPANY CONST 

PO BOX 8150 

KALISPELL, MT 59904-1150 

FRED STIERS 

CONOCO INC 

PO BOX 30198 

BILLINGS, MT 59107-0198 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX 2029 

BROWNING, MT 59417 

FARMERS UNION OIL CO 

1000 SMELTER AVE 

BLACK EAGLE, MT 59414 

LILA TAYLOR 

HC 42 BOX 595 

BUSBY, MT 59016 

SCOTT WALKER 

YELLOWSTONE CITY COUNTY 

510 N BROADWAY 

BILLINGS, MT 59101 

MONTANA POWER CO 

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 

cash 1230@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 Jeff Chaffee 

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 Walsh 
ricklarson@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 

thod ik@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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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

IN THE MATTER OF THE ) PRESIDING OFFICER 

AMENDMENT OF ARM 17.8.102, ) REPORT 

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 MATERIAL INTO AIR 

) 

) 

) 

QUALITY RULES ) 

1. On September 17, 2008, at 9:30 a.m., the undersigned Presiding 

Officer presided over and conducted a public hearing held in Room 35 of the 

Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to take public 

comment on the above-captioned proposed amendments. The amendments 

(1) update the air quality rules by adopting more recent versions of federal 

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 of incorporated federal requirements upon the vacation of these 

requirements in court or by the EPA ofthe federal requirement; (3) exclude from 

incorporation certain specified federal requirement that have been vacated in court; 

(4) and make minor, non-substantive editorial changes to conform to the current rule 

drafting style of the Secretary of State's office and to correct typographical errors. 

2. Notice ofthe hearing was contained in the Montana Administrative 

Register (MAR), Notice No. 17-274, published on August 28,2008, in Issue No. 16 

at pages 1743 through 1744. A copy of the notice is attached to this report. 

(Attachments are provided in the same order as they are referenced in this report.) 

3. The Court Reporter, Susan Johnson of Lesofski Court Reporting in 

Helena, Montana recorded the hearing. 

PRESIDING OFFICER REPORT 

PAGEl 
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1 4. There were no members ofthe public at the hearing. At the hearing, - 2 the Presiding Officer identified and summarized the MAR notice and read the 

3 Notice of Function ofAdministrative Rule Review Committee as required by Mont. 

4 Code Ann. § 2-4-302(7)(a). This hearing was the second hearing on the proposed 

rule amendments due to an error in providing notice to persons on the interested 

6 persons list ofthe notice of the first hearing held on July 17, 2008. 

7 SlTMMARY OF HEARING 

8 5. Mr. Eric Merchant, Supervisor ofthe Air Quality Policy and Planning 

9 Section ofthe Air Resources Management Bureau, Department ofEnvironmental 

Quality submitted a written statement. (The written statement is attached.) 

11 6. The Montana Environmental Information Center (MEIC) submitted 

12 Comments dated August 14,2008. The MEIC objects to the automatic repeal of 

13 federal standards based on a repeal by the Environmental Protection Agency (EPA) 

14 or by a federal court. MEIC states that the Board ofEnvironmental Review (Board) 

should undertake its own rulemaking to detennine whether the regulatory change is 

16 necessary and appropriate. This is true, MEIC writes, both ifthe invalidated 

17 standard is more stringent than the pre-existing standard and ifthe invalidated 

18 standard is weaker than the pre-existing standard. This Presiding Officer 

19 recommends that the Board analyze these comments carefully to determine ifthey 

are well taken if only because the date and specific effect of automatic repeal 

21 without further notice ofrulemaking could be confusing. 

22 7. A written memorandum was submitted from DEQ staffattomey, 

23 David Rusoffwith HB 521 and HB 311 reviews ofthe proposed amendments and a 

24 Private Property Assessment Act Checklist. (Mr. Rusoffs memorandum is attached 

to this report.) 

26 

27 

PRESIDING OFFICER REPORT 

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8. None ofthe proposed amendments would make the state rules more 

stringent than comparable federal regulations or guidelines. No further HB 521 

analysis is required. 

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

Code Ann. §§ 2-10-101 through 105), the State is required to assess the taking or 

damaging implications of a proposed rule or amendments affecting the use of 

private real property. This rulemaking affects the use of private real property. A 

Private Property Assessment Act Checklist was prepared, which shows that the 

proposed amendments do not have taking or damaging implications. Therefore, no 

further assessment is required. 

10. The period to submit comments ended at 5 p.m. on September 25, 

2008. 

PRESIDING OFFICER COMMENTS 

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

Mont. Code Ann. §§ 75-2-111, 75-2-203, 75-2-204, 75-2-217, 75-2-218. 

12. The conclusions in the memorandum ofMr. Rusoff concerning House 

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

13. The procedures required by the Montana Administrative Procedure 

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

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

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

notice. 

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

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

PRESIDING OFFICER REPORT 

PAGE 3 
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the Board published the notice ofproposed rulemaking in the Montana ­ Administrative Register, or by February 28, 2009. 

.r~ DATED this Q.)C day of September, 2008. 

c-·_···;T···· . ' ,... 

~~~C~ ~Siding Officer 

-

PRESIDING OFFICER REPORT
 

PAGE 4
 
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-


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
 

,.-, 
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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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-,.­ 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
 

-,­

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 OF ENVIRONMENTAL REVIEW
 

FRIDAY, OCTOBER 3, 2008
 

STATE CAPITOL BUILDING, 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 earlier than the time specified. However, the Board might not address the specific agenda items in the order 

they are scheduled. Persons with disabilities, who need an accommodation in order to participate in this meeting, should 

contact the Board Secretary at (406) 444-5270. 

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 assigned to Hearing Officer Katherine Orr 

a.	 In the matter ofCR Kendall Corporation's request for a hearing to appeal DEQ's decision to deny 

a minor permit amendment under the Metal Mine Reclamation Act, BER 2002-09 MM. On April 

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

Stay ofProceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by 

the Department ofthe bankruptcy proceeding. 

c.	 In 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 Request for 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 or a proposed prehearing schedule. 

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

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

considering dismissal, settlement or continuation ofthe contested case proceeding. 

e.	 In the matter of the 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 filed a Status Report on September 9, 2008. Settlement discussions are ongoing. 

f.	 In the matter of violations of the Water Qual.ity Act by Park County, Gardiner, MT, BER 

2008-01 WQ. On August 20, 2008, the parties filed a fourth Request for Extension. The parties 

have until December 5,2008 to present a Settlement Agreement. 

g.	 In the matter of violations of the Opencut Mining Act by James Timis at the Timis 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 

September 22,2008, and a hearing is scheduled for October 7,2008. 

BERAgenda	 Page 1 of3 October 3,2008 
h.	 In the matter of violations of the appeal by Plum Creek Manufacturing, Inc. of its Montana -., 

Groundwater Pollution 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 of violations of the 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 Request for Extension. Hearing Examiner Katherine Orr issued a First Order Granting 

Extension giving the parties until November 21, 2008, to file a prehearing and hearing schedule or to 

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 Orr issued an Order Dismissing Petitioner's Challenges to the Violations ofthe 

MEPA on August 22, 2008. An Order Requiring Petitioners to File a More 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 of violations of the 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 Requestfor Extension 

on August 13,2008. On August 22, Hearing Examiner Katherine Orr issued a First 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 of violations of the opencut mining act by TMC, Inc. at the Nuss Pit, Gallatin 

County, Montana, HER 2008-10 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 IN LITIGAnON 

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

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

approval of the Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, HER 2006-18 

AQ. A notice of appeal ofthe denial ofthe request to amend the affidavit was filed in District Court 

on July 8, 2008. 

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

Information Center (MEIC) regarding Air Quality Permit No. 3423-00 issued to Southern 

Montana Electric (SME) for its Highwood Generation Station, HER 2007-07 AQ. The 

Department of Environmental has indicated its intent to file a motion to intervene. The Board filed a 

Transmittal ofRecord on August 28, 2008. 

III. ACTION ITEMS 

A.	 INITIATION OF RULEMAKING AND APPOINTMENT OF 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 operating permit application and Montana Air Quality Application 

processes and the associated fee rule. 

B.	 REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

1.	 In the matter ofthe amendment of ARM 17.8.505 and 17.8.514 for the annual adjustment of air quality 

operation and open burning fees. The Department will recommend the adoption ofthe rule amendments 

as proposed. 

BERAgenda	 Page 2 of3 October 3,2008 
2.	 In the 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 and housekeeping changes). The Department will recommend 

the adoption ofthe rule amendments as proposed. 

C.	 NEW CONTESTED CASE APPEALS 

1.	 In the matter of the violations of the 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 on January 20,2009. 

2.	 In the matter of violations of the 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 permanent hearing examiner or decide to hear the 

matter. A First Prehearing Order was issued on August 22,2008. The parties have until September 22, 

2008 to submit a proposed hearing and prehearing schedule. 

D.	 FINAL ACTION ON CONTESTED CASES 

1.	 In the matter of the appeal by CHS Inc. regarding its Title V operating permit No. OP1821-01 for 

the Laurel Refinery, Laurel, Montana, BER 2007-23 AQ. The parties filed a Siipulaiion by DEQ and 

CH.s', l11C. fhr Di.\'missa! of Contested 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 will be presented for the Board's approval. 

IV. GENERAL PUBLIC COMMENT 

A.	 Under this item, members of the public may comment on any public matter within the jurisdiction of the 

Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings are not 

public matters on which the public may comment. 

V.	 ADJOURNMENT 

BER Agenda	 Page 3 of3 October 3,2008 
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 

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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 of the amendment of ARM ) 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 

of the 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 of the 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 oompetent jurisdiotion vaoates, or otherwise 

nullifies, any emission standard, in whole or in. part, inoorporated by referenoe 

pursuant to ARM 17.8.1 Od(1 )(a) through U), the affeoted emission standard or part 

thereof shall not be effective after the date of any suoh decision. 

(3) through (4)(d) remain the same, but are renumbered (2) through (3)(d). 

3. The following comments were received and appear with 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 of federal 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 of the 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 order for the state to maintain primacy over its air quality program. 

Finally, the commentor stated that automatically changing state rules in response to 

nullification of federal 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 new ARM 17.8.102(2) would not change that process or deprive the board 

of the opportunity, within the restrictions of state 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 or vacated 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 of the Federal Clean Air Act (FCAA). In most of these 

instances, the challenge that led to court vacature was the claim that the 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 longer would be necessary 

after the 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 for the 

facility. 

The commentor assumes that, when a court nullifies a federal standard that is 

less stringent than 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 order to maintain primacy. This is 

not correct. State primacy is based on the provisions of the 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 of the 

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 

lsi David Rusoff By: lsi Joseph 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 
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Legal Unit Contacts Final Notice of Rulemaking

DEQ Staff Directory 

Montana Code Annotated 

f'.1T Administrative Rules (Title 17) 

10/24/08 Notice of Amendment (Air Quality - Air Quality ODeratn0 I Search f\'1T Administrative Rules II and Open Burning Fees - I\'1AR Notice No. 17-275) 

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, Legal Unit Administrative Rules of Montana 

Rule Notices 10/24/08 Notice of Amendment (Air Quality - Incorporation by 

Notices with Hearing I Reference of Current Federal Regulations and Other, 

Materials into Air Oualitv Rules - rvlAR Notice No. 17-27ij Notices \·\lithout Hearing
 

Negoti ,9ted Noti ce s
 

Final Adoption Notices Questions or Comments? 

Transfer Notices Contact the Rule Coordinator at (406) 444-2630
 

Emergency Notices
 

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Updated: 17 r:lct 2003 Pnvac1 & '::'ecunt',' Acc8sslbllit,,' (: ontact Us IfiIiJ! . I!, mt

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