Office of the Governor

State of Montana

Steve Bullock /%J*?L%^ Angela McLean Governor ^SU Jf Lt Governor

March 24, 2015

Shaun McGrath

USEPA Region (8RA)

1595 WynkoopSt.

Denver, CO 80202-1129

RE: Proposed SIP Revision: PM-2.5 Significant Monitoring Concentration

Dear Mr. McGrath:

On August 21, 2012, in response to federal rulemaking related to the New Source Review Prevention of

Significant Deterioration of Air Quality (NSR-PSD) program, Montana submitted proposed revisions to

its State Implementation Plan (SIP). More specifically, Montana submitted revisions to the

Administrative Rules of Montana (ARM) 17.8.818(7)(a)(iii) and ARM 17.8.820 for the addition of

Significant Monitoring Concentration (SMC) and Significant Impact Levels (SILs) for PM-2.5,

respectively. The SMC was later revised and the SILs vacated by the Federal Courts Sierra Club v.

EPA. 705 F.3d 458, 403 U.S. App. D.C. 318 (2013)), and EPA subsequently revised the affected NSRPSD rules accordingly (78 FR 73698). To date, EPA has not acted on Montana's August 21, 2012, SIP

submittal titled "Provisions for Major Source Permitting Regarding the Emissions of Fine Particulate

Matter" (PM-2.5).

Therefore, this SIP submittal, which includes revised SMC for PM-2.5 in ARM 17.8.818(7)(a)(iii) and

removes the PM-2.5 SILs from ARM 17.8.820, supersedes and replaces these aspects of the August 21,

2012, SIP submittal. The Montana Board of Environmental Review adopted this change on September

26, 2014, as set forth in MAR Notice No. 17-361, and the change became state-effective on October 10,

2014.

This SIP submittal contains one hard copy and one electronic copy of the Record of Adoption. For your

convenience, the Montana Secretary of State publishes codified rules and you may view these rules in

codified form on the Secretary of State's website (www.mtrules.org). The information contained in the

attachment and proposed for SIP approval was noticed for 30-day public comment period ending on

November 14, 2014. No comments were received.

If you have any questions regarding this action, please contact Mr. Eric Merchant, the Department of

Environmental Quality Air Quality Policy and Planning Supervisor, by telephone at (406) 444-1457 or by

email at emerchantfemt.gov.

Sincerely,

STEVE BULLOCK

Governor

State Capitol P.O. Box 200801 Helena, Montana 59620-0801

Telephone: 406-444-3111 Fax:406-444-5529 Website: www.mt.gov
STATE OF MONTANA

RECORD OF ADOPTION

Administrative Rules of Montana:

17.8.818 and 17.8.820

Pertaining to the review of major stationary sources and major modifications

source applicability and exemptions and source impact analysis

Date of Final Adoption by the Board of Environmental Review:

September 26, 2014
RECORD OF ADOPTION

Regulatory Actions

TABLE OF CONTENTS

(1) BER agenda granting rulemaking authority

(2) MAR notice of public hearing on proposed rulemaking, as published on

state electronic access system

(3) MAR notice to Interested Parties, including address list

(4) MAR notice as posted on DEQ website

(5) Department testimony

(6) Department HB 311 and 521 analyses

(7) Written public testimony

(8) Hearings officer report transcript

(9) BER agenda from rule adoption meeting

(10) Transcript from BER rule adoption meeting

(11) Final MAR notice of amended rule, as published on state electronic

access system

(12) Final MAR notice posted on DEQ website

(13) SIP public notice statement

(14) SIP notice to Interested Parties, including address list

(15) SIP notice as posted on DEQ website

(16) Public Comments and/or Request for Hearing

Prepared by Date
RULE REQUEST FORM

Priority Requested: High (High, Low, Medium) Priority Assigned:

Media Type: Air Quality (e.g. Air Quality, Water Quality)

Target Adoption Date: September 26, 2014

Description: Amend Montana's New Source Review Prevention of Significant Deterioration Permitting Program

Justification: The United States Court of Appeals for the District of Columbia Circuit granted request from the

EPA to vacate and remand the Significant Impact Levels (SILs) for particulate matter less than 2.5 micrometers

__;) under the Prevention of Significant Deterioration (PSD) program. The Court further vacated the portions

of the PSD regulations establishing PM75 Significant Monitoring Concentration (SMC) under the authority of the

Clean Air Act. The proposed rule amendments will make Montana's rules consistent and as stringent as

corresponding federal regulations.

MCA Cite: NA ARM Cite: Title 17, Chapter 8, subchapter8

Initiated By: BER (BER, Department, Petro Board)

Rule Writer(s): Liz Ulrich

Division/Bureau/Program: P&C/ARMB

Org Unit Number: 514741

Approval Group(s): CAAAC

Hearing Required: Yes

Is this the initial rulemaking implementing new statute or an amendment to an existing statute? No

(This includes statutes and amendments passed in sessions prior to the last one.)

If so, what session? What bill?

Alternatives: None

Explanation for denial (or modifications):

DEQ Management Approvals;

Section Head:

Bureau Chief:

Division Administrat

Legal Unit:

Director:

Updated 2/18/2014
Montana

Board of Environmental Review P. O. Box 200901 Helena, MT 59620-0901 (406)444-2544 Website: www.deq.state.mt.us

TELECONFERENCE AGENDA

FRIDAY, MAY 30, 2014

METCALF BUILDING, ROOM 111

1520 EAST SIXTH AVENUE, HELENA, MONTANA

NOTE: It is expected that most available Board members will be participating telephonically. The Board attorney

and secretary will be present at the location stated above. Interested persons, members of the public, and the media

are welcome to attend at the location stated above. Members of the public and press also may join Board members

with prior arrangement. Contact information for Board members is available on the Board's Website

(httpJ/www. deq. mt. gov/ber/index. asp) or from the Board Secretary (406-444-2544). The Board will make

reasonable accommodations for persons with disabilities who wish to participate in this meeting. Please contact the

Board Secretary by telephone or by e-mail at iwittenberg(a)mt. gov no later than 24 hours prior to the meeting to

advise her ofthe nature ofthe accommodation needed.

9:00 A.M.

I. ADMINISTRATIVE ITEMS

A. REVIEW AND APPROVE MINUTES

1. The Board will vote on adopting the March 21, 2014, meeting minutes.

II. BRIEFING ITEMS

A. CONTESTED CASE UPDATE

1. Enforcement cases assigned to the Hearing Examiner

a. In the matter of violations of the Public Water Supply Laws by Trailer

Terrace Mobile Park, LLC, Dennis Deschamps and Dennis Rasmussen at the

Trailer Terrace, PWSID No. MT0000025, Great Falls, Cascade County, BER

2012-11 PWS. Fourth Order Granting Extension was issued on December 1,

2013, giving the parties through April 1, 2014, to settle the matter or file joint

proposed prehearing schedule. On April 9, 2014, a telephonic conference was

held in which the deadline to file proposed prehearing schedule or to settle the

case was continued until August 1, 2014.

b. In the matter of violations of the Sanitation in Subdivisions Act and Public

Water Supply Laws by Roger Emery at the Sunrise Motel, Sidney, Richland

County, BER 2013-06 SUB. On March 20, 2014, the hearing examiner issued the

First Scheduling Order, setting the contested case hearing for September 10,

2014.

Page of3
2. Contested Cases not assigned to Hearing Examiner

a. In the matter of the notice of appeal and request for hearing by Western Energy

Company (WECO) regarding its MPDES Permit No. MT0023965 issued for

WECO's Rosebud Mine in Colstrip, BER 2012-12 WQ. On April 9, 2014, the

hearings examiner issued an Order Granting the Joint Unopposed Motion for Partial

Remand of Permit to Department of Environmental Quality and for Suspension of

Proceedings. On May 14, 2014, DEQ filed Status Report regarding the matter.

modified permit will be made available for public comment on or before June

2014.

b. In the matter of the notice of appeal for hearing by Montana Environmental

Information Center regarding DEQ's approval of coal mine permit No.

C1993017 issued to Signal Peak Energy, LLC, for Bull Mountain Mine No. in

Roundup, MT, BER 2013-07 SM. The following documents have been filed in this

matter since the March 21 Board meeting, and resolution of two motions is pending.

3/21/14- Appellant Montana Environmental Information Center's Unopposed

Motion for Extension of Briefing Deadlines

4/01/14 Appellant Montana Environmental Information Center's Motion to

Amend and Join Sierra Club as Co-appellant and Brief in Support

4/10/14 Signal Peak Energy LLC's Response in Opposition to MEIC's

Motion to Amend and Join Sierra Club as Co-appellant

4/11/14 Appellant Montana Environmental Information Center's Motion for

Summary Judgment and Brief in Support

4/24/14 DEQ's Unopposed Motion to Extend Briefing Schedule and

Memorandum in Support

4/25/14 Appellant Montana Environmental Information Center's Reply in

Support of its Motion to Amend and Join Sierra Club as Co-appellant

5/05/14 Order Extending Briefing Schedule

B. OTHER BRIEFING ITEMS

1. The department will report to the Board regarding the status of numeric nutrient

standards.

III. ACTION ITEMS

A. INITIATION OF RULEMAKING

DEQ will propose that the Board initiate rulemaking to:

2. Amend ARM 17.8.501 Definitions and 17.8.504 Air Quality Permit Application Fees,

to adjust air quality permit application fees to more closely reflect the cost of

processing a permit application, clarify relevant definitions, and make other

housekeeping amendments.

BER Agenda Page 2 of May 30, 2014
3. Amend ARM 17.8.818 Review of Major Stationary Sources and Major Modifications

Source Applicability and Exemptions and 17.8.820 Source Impact Analysis, to

reflect changes to major New Source Review Prevention of Significant Deterioration

of Air Quality permitting regulations, Significant Impact Levels (SILs), and

Significant Monitoring Concentration (SMC) for PM 2.5.

B. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES

1. In the matter of proposed final adoption of amended ARM 17.8.102 incorporating the

air quality rules adopted in the 2013 edition of the Code of Federal Regulations and

current updates to state statutes and regulations that are incorporated by reference in

the rules.

C. NEW CONTESTED CASES

1. In the matter of the notice of appeal and request for hearing by Yellowstone Energy

Limited Partnership (YELP) regarding issuance of MPDES Permit NO.

MT0030180 for YELP's facility in Billings, MT, BER 2014-01 WQ. The Board

received the appeal on April 3, 2014. The Interim Hearings Examiner issued the First

Prehearing Order on April 10, 2012. On April 29, 2014, the attorney for YELP filed

Unopposed Motion to Stay Proceedings, and on May 6, 2014, the Interim Hearings

Examiner issued Order Granting Motion to Stay Proceedings, requiring status report no

later than August 1, 2014. The Board may assign permanent hearings examiner or

decide to hear the matter.

2. In the matter of appeal and request for hearing by Missoula County regarding

DEQ's issuance of MPDES Permit No. MT0000035 issued to M2Green

Redevelopment's site in Frenchtown, MT, BER 2014-02 WQ. The Board received the

appeal on April 14, 2014. On April 17, the Interim Hearings Examiner issued the First

Prehearing Order. Stipulated Scheduling Order was submitted by the parties on May

7, 2014. The Board may assign permanent hearings examiner or decide to hear the

matter.

3. In the matter of the notice of appeal and request for hearing by the Clark Fork

Coalition regarding DEQ's issuance of MPDES Permit NO. MT0000035 issued to

M2Green Redevelopment's site in Frenchtown, MT, BER 2014-03 WQ. The Board

received the appeal on April 14, 2014. On April 17, the interim hearings examiner issued

the First Prehearing Order. The Board may assign permanent hearings examiner or

decide to hear the matter.

IV. GENERAL PUBLIC COMMENT

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 of May 30, 2014
-1327-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

In the matter of the amendment of ARM NOTICE OF PUBLIC HEARING ON

17.8.818 and 17.8.820 pertaining to PROPOSED AMENDMENT

review of major stationary sources and

major modifications-source applicability (AIR QUALITY)

and exemptions and source impact

analysis

TO: All Concerned Persons

1. On July 16, 2014, at 2:00 p.m., or at the conclusion of the hearing for MAR

Notice No. 17-360, the Board of Environmental Review will hold public hearing in

Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider

the proposed amendment of the above-stated rules.

2. The board will make reasonable accommodations for persons with

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

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

Johnson, Paralegal, no later than 5:00 p.m., July 7, 2014, to advise us of the nature

of the accommodation that you need. Please contact Elois Johnson at Department

of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone

(406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

3. The rules proposed to be amended provide as follows, stricken matter

interlined, new matter underlined:

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR

MODIFICATIONS-SOURCE APPLICABILITY AND EXEMPTIONS (1) through (6)

remain the same.

(7) The department may exempt proposed major stationary source or major

modification from the requirements of ARM 17.8.822, with respect to monitoring for

particular pollutant, if:

(a) the emissions increase of the pollutant from new stationary source or

the net emissions increase of the pollutant from modification would cause, in any

area, air quality impacts less than the following amounts:

(1) and (ii) remain the same.

(iii) PM-2.5: [4 stricken] ug/m3, 24-hour average;

(iv) through (c) remain the same.

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

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

17.8.820 SOURCE IMPACT ANALYSIS (1) remains the same.

(2) For purposes of PM 2.5, the demonstration required in (1) is made if the

emissions increase from the new stationary source alone or from the modification

MAR Notice No. 17-361 12-6/26/14
-1328-

alone would cause in all areas, air quality impacts less than the following amotmte;

Pollutant Averaging time Class area Class II area Class III area

PM 2.5 A nni miii ucn nl 0.06 uq/m 0.3 ug/ma 0-3 73

24 hour 0.07 1.2 uq/ma 1.2 uq/ma

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

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

REASON: On December 17, 2010, the Sierra Club petitioned the United

States Court of Appeals for the District of Columbia Circuit (Court) to review the

2010 PM-2.5 significant impact levels (SILs) and significant monitoring concentration

(SMC) final rule.

On January 22, 2013, the Court granted request from the U.S.

Environmental Protection Agency (EPA) to vacate and remand to the EPA portions

of the New Source Review-Prevention of Significant Deterioration (NSR-PSD)

regulations (40 CFR 51.166(k)(2) and 52.21 (k)(2)) establishing the SILs for PM-2.5

so that the EPA could reconcile the inconsistency between the regulatory text and

certain statements in the preamble to the 2010 final rule. The Court further vacated

the portions of the NSR-PSD regulations (40 CFR 51.166(i)(5)(i)(c) and

52.21 (i)(5)(i)(c)) establishing PM-2.5 SMC, finding that the EPA lacked legal

authority to adopt and use the PM-2.5 SMC to exempt permit applicants from the

statutory requirement to compile and submit ambient monitoring data. Rather than

eliminating, the EPA revised the SMC for PM-2.5 from four micrograms per cubic

meter (ug/m3)to ug/m3, indicating that there is no air quality impact level below

which reviewing authority has the discretion to exempt source from the PM-2.5

monitoring requirements.

The board is proposing to amend ARM 17.8.818(7)(a)(iii), which concerns the

SMC for particulate matter with diameter of less than 2.5 microns (PM-2.5), from

four ug/m3 to ug/m3. In Sierra Club v. EPA, 705 F.3d 458, 403 U.S. App. D.C. 318

(2013), the United States Court of Appeals for the District of Columbia Circuit (Court)

vacated the portions of the NSR-PSD regulations establishing PM-2.5 SMC,

finding that the EPA lacked legal authority to adopt and use the PM-2.5 SMC to

exempt permit applicants from statutory requirement to compile and submit

ambient monitoring data. In response to that decision, EPA adopted final rule that

did not eliminate SMC completely, but rather revised the SMC for PM-2.5 from

ug/m3 to ug/m3, indicating that there is no air quality impact level below which

reviewing authority has the discretion to exempt source from the PM-2.5

monitoring requirements. See Prevention of Significant Deterioration for PM-2.5-

SILs and SMCs: Removal of Vacated Elements, Final Rule, 78 Fed.Reg. 73698

(December 9, 2013). The proposed amendment would make the board's rule

consistent with and as stringent as the EPA regulation. This would ensure

Montana's ongoing NSR-PSD program primacy and authority.

The board is proposing to delete ARM 17.8.820(2), which includes table.

Section (2) concerns PM-2.5 SILs, which are screening tools that have been applied

in NSR-PSD permitting to demonstrate that the proposed source's allowable

12-6/26/14 MAR Notice No. 17-361
-1329-

emissions will not cause or contribute to violation of the National Ambient Air

Quality Standards (NAAQS) or increment. In the Sierra Club v. EPA case cited

above, the Court granted request from EPA to vacate and remand to EPA portions

of the NSR-PSD regulations establishing the SILs for PM-2.5 so that the EPA could

reconcile the inconsistency between the regulatory text and certain statements in the

preamble to the 2010 final rule. To accomplish this, EPA adopted the final rule cited

above. The proposed deletion would make the board's rule consistent with and as

stringent as the EPA regulation. This would ensure Montana's ongoing NSR-PSD

program primacy and authority.

4. Concerned persons may submit their data, views, or arguments, either

orally or in writing, at the hearing. Written data, views, or arguments may also be

submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520

E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406)

444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., July 24, 2014.

To be guaranteed consideration, mailed comments must be postmarked on or

before that date.

5. The 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 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 written request that includes the name, email, and mailing address of the person to receive notices and specifies that the

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

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

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

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

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

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

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

procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing

preference is noted in the request. Such written request may be mailed or delivered

to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth

Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406)

444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by

completing request form at any rules hearing held by the board.

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

MAR Notice No. 17-361 12-6/26/14
-1330-

8. With regard to the requirements of 2-4-111, MCA, the board has

determined that the amendment of the above-referenced rules will not significantly

and directly impact small businesses.

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW

/s/John F. North BY: /s/Robin Shropshire

JOHN F. NORTH ROBIN SHROPSHIRE

Rule Reviewer Chairman

Certified to the Secretary of State, June 16, 2014.

12-6/26/14 MAR Notice No. 17-361
DATE: June 27, 2014

TO: Air Quality Interested Parties

FROM: MT-DEQ Air Resources Management Bureau

RE: Notice of Public Hearing for two ARM changes July 16, 2014, Room 111

Metcalf Building, 1520 East 6th Ave., Helena, MT 59601

1). At 1:00 p.m. the public hearing for the proposed rule changes of 17.8.501 and

17.8.504 will begin. These changes would increase certain application fees for

Montana air quality permits (MAQPs) for facilities that require major New Source

Review (NSR) permits or Montana air quality operating permits (Title V). In addition,

definitions associated with these changes will also be amended.

2). At 2:00 p.m., or at the close of the fee rule hearing, the public hearing for ARM

rules 17.8.818 and 17.8.820 will commence. This rulemaking is intended to update

Montana's air quality rules to incorporate requirements for major source permitting

regarding the airborne emissions of particulate matter having diameter of less than or

equal to 2.5 micrograms (PM-2.5). This action ensures that Montana's rules are at least

as stringent as corresponding federal rules in order to maintain state primacy and

authority for the major New Source Review permitting program.

Interested parties may view the notices at the Department's website

http://deq.mt.gov/dir/leqal/hearing.mcpx or may obtain copies of the notices by calling

the Department at 406-444-3490.
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Name: Interested Parties not on Lyris

In Shared Folder: Contacts

Name

SJ Ben Schmidt

_=J Cathy Atkins

=J Don Potts

_.'J Don Powers

=J Erik Suffridge

SjJ.Jahnke

Jim Carlson

.=j John Sesso

li Lea Guthrie

.'si Lori Bocchino

Mike Ellitt

=J Mike Philbin

Mikel Siemens

•_j Paul Riley

=J R. Daniel

Sj Sarah Coefield

_=J Stephen T. Smith

_=jTim Roark

=J William Rogers

E-mail

bschmidt@co.missoula.mt.us

catny.atkins@rma.army.mil

don.potts@cfc.umt.edu

dpowers@bsb.mt.gov

erik.suffridge@mt.usda.gov

jjahnke@co.missoula.mt.us

jcarlson@co.mis5oula.mtus

jsesso@bsb.mt.gov

lguthrie@rc.mt.gov

lbocch@wyo.gov

plessie.ellitt@usmc.mil

Mike_Philbin@blm.gov

mikel@rlkhydro.com

priley@bsb.mt.gov

rdaniel@rc.mt.gov

5coefield@comis5oula.mt.us

stephentsmith@earthlink.net

Tim.Roark@gallatin.mt.gov

william.rogers@deq.idaho.gov

Last modified by OBarta@mt.gov on 5/20/2014
Air Quality Interested Parties Mailing List June 27, 2014

Email Address

2horses@nemontel.net

4064907952@vtext.com

5friendlyfish@bresnan.net

Abbie.Krebsbach@mdu.com

aclark27@bloomberg.net

adam.poll@tetratech.com

afanderson@fs.fed.us

ahedges@meic.org

ahenolson@trinityconsultants.com

alexanderrr@cdm.com

alimurray@q.com

altmannscott@yahoo.com

alyssa.herbst@bsd7.org

andrea.perez@hexion.com

anna_borge@ryder.com

anthonycalvert01@yahoo.com

antoine.paul33@gmail.com

arakow@rdoequipment.com

artr@aes4home.com

astecpermits@gmail.com

aussienorthcott@hotmail.com

bacttracking@ bd law.com

bayxie@aol.com

bbeaudry@trinityconsultants.com

beamman6056@msn.com

benjamin.recker@tetratech.com

berrysoup@yahoo.com

bettylu@blackfoot.net

bhabeck@mt.gov

bholland@crowleylaw.com

big49sky@yahoo.com

bigsky4ever@bresnan.net

bjohnson@summite.com

blaise.leblanc@hotmail.com

blakecrk@gmail.com

Blazewoodtj@gmail.com

bmgorm@bresnan.net

bml@stateside.com

bnorberg@co.lewis-clark.mt.us

bob.vantuyl@ashgrove.com

brad.korpi@kochind.com

bradr@samson.com

brandyjeepgirl@aol.com

bret@bison-eng.com

brian.mchugh@tetratech.com

brianna@clarkfork.org

Name

Debbie Madison

Nick

Jack& Pamela Emard

Abbie Krebsbach

Aaron Clark

Adam Poll

Anna Anderson

Anne Hedges

Anna Henolson

Bob Alexander

Ali

Scott

Alyssa

Andrea

anna

tony

antoine paul

Alan Rakow

art ratcliffe

Catherine

robert

Alex Mesmer

eddy

Beth Beaudry

Anderson

Ben Recker

bonita

Jim Young

Bob Habeck

B. Holland

Robert Burtch

Henry BanuelosSr

Bruce Johnson

Blaise Leblanc

Krista Evans

Theresa Blazicevich

bev Gormley

Becky Lukaesko

Beth Norberg

Bob Vantuyl

Brad Korpi Koch Ag.

Brad Rogers

brandy orsburn

Bret Gallo

Brian McHugh

Brianna Randall
Air Quality Interested Parties Mailing List June 27, 2014

brinda@serafinatechnical.com

Brittanys07@yahoo.com

Brittermvm@hotmail.com

brogers@newfield.com

Bruce.Krepley@naes.com

bschmidt@co.missoula.mt.us

bschmidt@energycorporationofamerica.com

bsoamj@3rivers.net

BSquires@nicnd.com

Bstevenson@rosipower.com

btreis@co.cascade.mt.us

bulldog.aw47@gmail.com

burns.betsy@epa.gov

bvaughn@montana.com

c2nites2000@yahoo.com

calvin.e.kidney@wellsfargo.com

cartoonsmart@mac.com

cashl230@esaphaseone.com

cathyl@bkbh.com

Cathyweeden@gmail.com

cbengtson@belgradeschools.com

cboe@mt.gov

cclawson@yahoo.com

cefarms@tetonwireless.net

cflanders@nobleenergyinc.com

chalbert@landauinc.com

chenine.wozniak@ch2m.com

chomer@mt.gov

chowchowizclee@hotmail.com

Christensonkara@gmail.com

chuck@netentrust.com

chuckp@cskt.org

cindy_buschman@mccormick.com

cindymed@hotmail.com

clark.sny@riverstonehealth.org

claseur@plainsjustice.org

clcolclasure@hollandhart.com

cmhd@midrivers.com

cmrcd@midrivers.com

cnuno@billingsclinic.org

coate.carson@epa.gov

coolnickjr@hotmail.com

corey_meier@blm.gov

Corie.downey@gmail.com

coupscounter@yahoo.com

courtney.taylor@aecom.com

cpowell@ltenv.com

Brinda Ramanathan

Brittany steinbrook

Britney Moen

Brad Rogers

Bruce Krepley

Ben Schmidt

Brian Schmidt

Mary Jane McGarity

Bruce Squires

Bruce Stevenson YELP

Bruce Treis

Alfred Whiite

Betsy Burns

Barbara Vaughn

Kermit Snow

Calvin Kidney

Buddy Rogers

John Meyers

Cathy Laughner

Catherine Weeden

Connie Bengtson

Chris Boe

cheryl

Chad Dohney

Catherine Flanders

Chip Halbert

Chenine Wozniak

Charles Homer

Chelsea Lee

Kara HEITKE

chuck

Chuck Page

Cindy Buschman

Cindy

Clark Snyder

Carrie La Seur

Chris Colclasure

Mike Rinaldi

Monty L. Sealey

Crystal Nuno

Carson Coate

randy lahey

Corey Meier

Corie

David saylor

Courtney Taylor

Chad Powell
Air Quality Interested Parties Mailing List June 27, 2014

cranecreationsl@yahoo.com

crose@3rivers.net

csaeger@mt.gov

ctaft@co.bighorn.mt.us

d.keane@bresnan.net

dallasmt@msn.com

dan.corti@mso.umt.edu

Daniellelmsw@me.com

danny.haw@riverstonehealth.org

darrell.soyars@avistacorp.com

dave.burnett99@hotmail.com

Dave.Enos@teck.com

dave@rckymtn.com

daveb@bison-eng.com

daveduttonfraser@yahoo.com

davew@kirkwoodcompanies.com

davidlong@eogresources.com

dblank@ncpa.org

dbusby@montanarefining.com

dcquickdraw@gmail.com

ddiscovery@centurytel.net

debbiesdesign@yahoo.com

deborah.perry@oneok.com

derek.nelson@sierraclub.org

desmoinesnancy@yahoo.com

detroit03mm@yahoo.com

dhart@cleanair.com

dhrubes@midrivers.com

dia@kboz.com

diannalin@msn.com

djohnsonhorne@barrick.com

dlambrecht@jbrenv.com

dlorenzen@bresnan.net

dmunson@mt.gov

dnunn@fs.fed.us

Dobrahner.Jaslyn@epa.gov

donald.may@tetratech.com

dpavuk@crowleylaw.com

dshonerd@multistate.com

dsimonson@mt.gov

dskibicki@bison-eng.com

dsoehren@bresnan.net

dtabish@flatheadbeacon.com

dteske@mt.gov

dugiejm@hotmail.com

dujohnson@mt.gov

dustin_northern@omimexgroup.com

Julia Crane

Corrine Rose

Chris Saeger

Craig Taft

Senator Keane

Jeff Hanson

Dan Corti

Danielle Trimarco

Danny Hawbaker

Darrell Soyars

dave burnett

Dave Enos Teck America Inc.

David LoBach

David Blankenship

dave

Dave

David Long

Danielle Blank

Dexter Busby

Devin Cowan

Collette Box

Debra Vetter

Deborah Perry

Derek Nelson

Nancy Adkins

Mike

Dean Hart

David Hrubes

Dia Johnson

Dianna Lintner

Deborah Johnson-Home

David Lambrecht

Diane Lorenzen

Darren Munson

David Nunn

Jaslyn Dobrahner

Don May

D.Pavuk

David Shonerd

Dave Simonson

Debbie Skibicki

Doug Soehren

Dillon Tabish

Dee

Jeff

Dusti

Dustin Northen
Air Quality Interested Parties Mailing List June 27, 2014

dvanhyningl@msn.com

DVizzolini@collisionsync.com

dwalsh@mt.gov

ed@mt.net

edmadler@hotmail.com

edward.hookl@montana.edu

eemc@bresnan.net

ehbdl939@yahoo.com

eisele.adam@epa.gov

elbrunner@gmail.com

eleigh@libby.org

emcrae@fageninc.com

emerchant@mt.gov

emilieboyles@yahoo.com

eric.detmer@cldpk.com

eric.farstad@redhorsecorp.com

eric.waeckerlin@dgslaw.com

ericb@rfpco.com

esa@platts.com

eulrich2@mt.gov

expedite.maynard@yahoo.com

extremehealthyliving@hotmail.com

fcrowley@doneylaw.com

firewmmom@aol.com

fisherm@ftsd.org

fotto@ups.com

fpreskar@co.lewis-clark.mt.us

frank@shumaker.psemail.com

gaila_consulting@msn.com

gcm@sierraresearch.com

geraldschlosser@benefis.org

gfox@alliedengineering.com

gkubesh@midrivers.com

gpeakl@gmail.com

Greg.brown@chsinc.com

greg@isrcapital.com

gregahildebrand@gmail.com

grodway@bison-eng.com

guy@axmen.com

hbedbury@montanarefining.com

hbruner@mt.gov

hector.ybanez@holcim.com

HEIDI.TANG@tmf-group.com

hestmark.martin@epa.gov

hhsgreengroup@gmail.com

hkaiser@hydrometrics.com

hpeterson@mtech.edu

Dyrck Van Hyning

Dana Vizzolini

Dan Walsh

Ed Santos

Edward Madler-APCAC

ej hook

Dave Wang

Marcia Malchuski

Adam Eisele

Erica Brunner

Erik Leigh

Edward McRae

Eric Merchant

emilie boyles

Eric Detmer

Eric Farstad

Eric Waeckerlin

Eric Bornhorst

Esa

Liz Ulrich

Robin Maynard

Joyan

Frank Crowley

lucyle

fisher

Friedhelm Otto

Frank Preskar

frank

Gail Abercrombie

Gabe McAuliffe

Gerald Schlosser

Gary Fox

Grant Kubesh

Lee

Greg Brown

greg

greg hildebrand

Grant Rodway

guy hanson

Hadley Bedbury

Heidy Bruner

HectorYbanez

HEIDI TANG

Martin Hestmark

HHS Green Group

Heidi Kaiser

Holly Peterson
Air Quality Interested Parties Mailing List June 27, 2014

hrash@mt.gov

hrobbins@bison-eng.com

hthigpen@mt.gov

info@kakuk.com

info@lion.com

info@northernplains.org

Jackie.Flikkema@ Kniferiver.com

jackross@nemontel.net

Jagadeesan.Sethuraman@whiting.com

jajehn@marathonoil.com

jake.weirich@edaw.com

jakenny@mt.gov

jamiew@slservices.net

jason.boeckel@northwestern.com

jason.lyons@oneok.com

javid@mod2.com

jcarlin@mt.gov

jcarlson@co.missoula.mt.us

jcarlson@glacierbancorp.com

jchaffee@bison-eng.com

jchristopher@slrconsulting.com

jdauner@compliance-partners.com

jdavis59859@yahoo.com

jdawson@swca.com

jdunbar60@gmail.com

jean.semborski@conocophillips.com

jeannehallesy@yahoo.com

jeff.briggs@ashgrove.com

jeff@ajaxcomputemetworking.com

Jenna_k_02@hotmail.com

jennifer.cinq-mars@ang.af.mil

jennifergoldman@ogap.org

JeremyFlesch@yahoo.com

jerry.dismukes@whiting.com

jespvl@gmail.com

jfdowns@babcock.com

jfirehammer@mrss.com

jford2@mt.gov

Jiakun.Zhang@stjude.org

jilesejibril@yahoo.com

jill.linn@wbip.com

jjahnke@co.missoula.mt.us

jmalone@aquionix.com

JMBIanco@marathonpetroleum.com

jmerkel@mt.gov

jmherbenson@msn.com

jmparker@pplweb.com

Hoby Rash

Hal Robbins

Helen Thigpen

Michael Kakuk

Lion Technologies

Northern Plains Resource Council

Jackie Flikkema

Jack Ross

Jagadeesan Sethuraman

JohnJehn

Jake Weiriich

Jake Kenny

Jamie Whiteman

Jason Boeckel

Jason Lyons

Javid Nia

Jim Carlin

Jim Carlson

Jen Carlson

Jeff Chaffee

Jamie Christopher

Joe Dauner

Joe

Jim Dawson

jean dunbar

Jean Semborski

Jeanne

Jeff Briggs

Jeff

Jenna Loring

Jen

Jennifer Goldman

Jeremy Flesch

Jerry Dismukes

Jes

John Downs

John

McCloud (Joe) Ford

Jiakun Zhang

Jilese

Jill Linn

JosyJahnke

Jacki Malone

Julius Blanco

Julie Merkel

Jerry Herbenson

Jim Parker
Air Quality Interested Parties Mailing List June 27, 2014

joanna_547@hotmail.com

jodyf@anacondaheadstart.org

Joe@shumaker.psemail.com

John@SenatorJohn.net

john_lei@ibew.org

john_mcmichael@xtoenergy.com

jon.madison@mdu.com

jonnysanty@gma il.com

joseph.w.lierow@exxonmobil.com

josephfdepaz@yahoo.com

joshua.jua@riverstonehealth.org

jplant@co.lewis-clark.mt.us

jpowell@step2compliance.com

jrc@flatheadmemo.com

jrossow@bepc.com

jrussell@flathead.mt.gov

jschmid@imt.net

jscott@cherrycreekradio.com

jskoog@rmsmanagement.com

jugorowski@mt.gov

juliusyu86@gmail.com

jwalsh@wayzpartners.com

Kalle.Kuether@mdu.com

Kat@brfcf.org

kathysmit@live.com

kaylamariegrimes@hotmail.com

Kchase@bresnan.net

kd7zlu@gmail.com

kdavid@flathead.mt.gov

keertiman.5820.sarangi@gmail.com

kenre@comcast.net

khooper@libby.org

Kirby_campbell-rierson@baucus.senate.gov

kirstyj5ilmour@hotmail.com

kkennett22@gmail.com

klind@libby.org

klricord@yahoo.com

kmoore@co.lewis-clark.mt.us

korr@mt.gov

krandall@fvcc.edu

ksolberg@anacondadeerlodge.mt.gov

ktooke@enerplus.com

kwalsh@enviroconsult.com

lanakay@live.com

larry@montanasulphur.com

Laura.Ackermann@cldpk.com

lclark@fs.fed.us

joanna

Jody

Joe Aline

John Brueggman

John Lei APCAC

John McMichael

Jon madison

Jonny Santy

Joe Lierow

Joseph F. de Paz

Joshua

Jay Plant

Jill Powell

James Conner

Josh Rossow

Joe Russell

Jim Schmid

Jay Scott

Jay Skoog

Joe Ugorowski

John Walsh

Kalle Kuether

Kat Quinn

Kathy Smit

Kayla Grimes

K. Chase

John

Kelly David

keertiman sarangi

Kenneth Reeves

Kathy Hooper

Kirby Campbell

Kirsty Gilmour

kerry

Kendra Lind

kl

Kathy Moore

Katherine Orr

Katie Randall

Karen Solberg

Kirsti Tooke

Kevin Walsh

alana

Larry Zink

Laura Ackermann

Lori Clark
Air Quality Interested Parties Mailing List June 27, 2014

leah.bennett@rocketmail.com

leahbernstein@hotmail.com

lee@prrlaw.com

lepodal@yahoo.com

Leslie.Holtz@va.gov

lhendley@co.lewis-clark.mt.us

linda@livingcenter.com

lindsay.spurlock@imerys.com

lisasandoval@contres.com

lkambham@trinityconsultants.com

lloken@wpcnd.com

lmoody@all-llc.com

lmoral@trinityconsultants.com

lnguyen@trinityconsultants.com

lolson@trihydro.com

lonnie.fallin@jacobs.com

Loraderm@gmail.com

losborn@fs.fed.us

lpeterson@mt.gov

lradonich@mt.gov

lstuder@stmaryland.com

Lukeduane@gmail.com

lweeks@nemont.net

lzanto@mt.gov

macka_maka@hotmail.com

macwilly66@msn.com

MaineBear26@yahoo.com

marcellama@cskt.org

mardavscott@gmail.com

Margaret.Zebley@aecom.com

margaret@montanasulphur.com

marilyn.tap@riverstonehealth.org

mark.lin@gmail.com

markschaffer57@hotmail.com

mary.blel@chsinc.com

marygail.sullivan@northwestern.com

marykay@eracrc.com

maureneh@msn.com

Mayre@flatheadcitizens.org

basta @greatf llsmt. net

mbayne@abraxaslusk.com

mbrown@ap.org

mcferrins@mt.net

mglenn@slawsoncompanies.com

Mhicks6888@gmail.com

mhillman@trinityconsultants.com

michelle.rossow@live.com

Leah Bennett

leah bemstein

Lee Bruner

Debbie Lepo

Leslie Holtz

Hendley

The Livingcenter

Lindsay Spurlock

Lisa Sandoval

Latha kambham

Lance Loken

Lee Moody

Lani Moral

Linda Nguyen

Lynn Olson

Lonnie Fallin

Lora Behlmer

Lisa Osborn

Lisa Peterson

Lynnette Radonich

luke

Luke

Linda Weeks

Lynn Zanto

robert

Representative McChesney

Barry

Marcella Mahseelah

Margaret Scott

Margaret Zebley

Margaret

Marilyn Tapia

Mark

mark schaffer

Mary Blel

Mary Gail Sullivan

Mary Kay Van Haele

Maurene

Mayre Flowers

Martin Basta

Marc Bayne

Matt Brown

Felecity McFerrins

Matthew Glenn

hicks

Melissa Hillman

Michelle Rossow
Air Quality Interested Parties Mailing List June 27, 2014

Mike.Barnes@northwestern.com

mike.simpson2009@gmail.com

mioshcom@yahoo.com

Mitchell.Leu@plumcreek.com

mlct@mt.net

montanabobcat@gmail.com

mpa@montanapetroleum.org

mpontiff@newfield.com

mraile@montanarefining.com

mrlambrecht@pplweb.com

msanchez@samson.com

msbjkl@comcast.net

msimonich@helenahar.com

msthompson@barrick.com

mtaudubon@mtaudubon.org

munciel929@itstriangle.com

mwignot@hydrometrics.com

natalie@northernplains.org

ncobble@bresnan.net

nczarnecki@lowhamwalsh.com

nicholas.hobbs@hussfilters.com

nickgeranios4317@msn.com

njohnson@helena.kl2.mt.us

Npitblado@gmail.com

ntownsend2@mt.gov

nturnbull2@gmail.com

obarta@mt.gov

omar_232@c0de.net

owen.weber@umontana.edu

parker-christensen.victoria@epa.gov

parkside@bigsky.net

Pat.kimmet@chsinc.com

patricia.j.sebella@gmail.com

patty@johnsonlanematerials.com

paul.a.caruana@gov.mt

pauldsherrpc@yahoo.com

pbik@mt.gov

pcollins@crowleylaw.com

Pharmacy@shawn.net

phippsangela@stanleygroup.com

pjsimonich@pplweb.com

pkukay@hotmail.com

pmckenzie@stoltzelumber.com

ptstrand@gmail.com

ralph.a.tanner.civ@mail.mil

randall.j.richert@p66.com

RBellCopeland@mt.gov

Mike Barnes

Mike Simpson

Ken Liston

Mitchell Leu

Alec Hansen

Bob

Dave Gait

Mike Pontiff

Mike Raile

Mark Lambrecht

Matthew Sanchez

Barbara Kubesh

MarkSimonich

Mark Thompson

Montana Audubon

Muncie Morger

Michael Wignot

Natalie Snyders

Nancy Cobble

Nick Czarnecki

Nick

Geranios Enterprises Inc

Nikki Johnson

Nancy Pitblado

Nathan Townsend

NeilTurnbull

Oline Barta

Smith

Owen Weber

Victoria Parker-Christensen

Jennifer Swearingen

Pat Kimmet

PSebella

Patty

Paul

Patricia Blk

P. Collins

BigDickLorrain

Angela Phipps

Pete Simonich

Paul Kukay

Paul R. McKenzie

Peter

Randall Richert

Robin Bell-Copeland
Air Quality Interested Parties Mailing List June 27, 2014

rdriear@centurytel.net

rdrudick@q.com

rebecca@bison-eng.com

rebecca@northernplains.org

reed.j.marton@p66.com

reevanoppen@gmail.com

regencydeb@gmail.com

rfink@co.carbon.mt.us

rgilson@H2Eincorporated.com

rgorka@slawsoncompanies.com

rharbage@mt.gov

richardsburnett@yahoo.com

rick.jesse@hug-filtersystems.com

Rick.matar@wpxenergy.com

rkenyon@cgrs.com

rmalone@qrinc.com

robert.richards.12@us.af.mil

robertkjeffrey@msn.com

ron.hyatte@imerys.com

ross.whelchel@northwestem.com

rr@hayfam.com

rucrossley@hotmail.com

Runningelkcliff@aol.com

ruthjensen@transcanada.com

RWeimer@stillwatermining.com

sabrina rojas@hotmail.com

sabskb@gmail.com

sandrahernandez@omimexgroup.com

sandy.burns@imerys.com

sbassett@blm.gov

sbombard@natlforests.org

sbrown@aquionix.com

scoe@mt.gov

scoefield@co.missoula.mt.us

Sen.JFielder@legmt.gov

shaneb@hydrosi.com

Shannon.morgan@rosi-boise.com

sharikayz@yahoo.com

sharon.deboer53@gmail.com

sharonpc@pcairnoise.com

sherry.bursey@anadarko.com

shiqita@hotmail.com

shsullivan@westernsugar.com

sjohnson@co.cascade.mt.us

smason@hydrometrics.com

smullins@industrialinfo.com

snowakowski@mt.gov

Ralph Driear

Rod Drudick

Rebecca

Rebecca Fischer

Reed J. Marton

Deb Niedermeyer

Rodney Fink

Robert Gilson

Ray Gorka

Rebecca Harbage

richard burnett

Rick Jesse

Rick Matar

Randy Kenyon

Rodney Malone

Robert Richards

Bob Jeffrey

Ron Hyatte

Ross Whelchel

C.E.Robertson

Rachel Crossley

Running Elk

Ruth Jensen

Randy Weimer

Sabrina

Scott and Sheree Bombard

Sandra Hernandez

Sandy Burns

Susan Bassett

Sheree Bombard

Sean Brown

Stephen Coe

Sara Coefield

Senator Jennifer Fielder

Shane Bofto

Owen Orndorff -YELP

Shari Kay

Sharon DeBoer

Sharon Paul Carpenter

Sherry

tatiana

Shawn Sullivan

Sandy Johnson

Scott Mason

Shane Mullins

Sonja Nowakowski
Air Quality Interested Parties Mailing List June 27, 2014

sobrien@oasisemission.com

SsteinbrookOO@gmail.com

stellaholt@live.com

stevew@bkbh.com

suetaylorl20@gmail.com

susanalise@cox.net

swilliams@sglong.com

swright@cfaluminum.com

szehntner@mt.gov

tammyjohnson@environomicsusa.com

tashiajadelove@gmail.com

taylor@theoutlawpartners.com

tbrownl937@bresnan.net

tdzomba@fs.fed. us

terr.mavencamp@bluemarblebio.com

teverts@mt.gov

themontanapost@gmail.com

thomas.damiana@aecom.com

tinamariekb4@aol.com

tiphlmiller@yahoo.com

tjewett@NPCA.ORG

tjlkmd@gmail.com

tjohnson@montanamining.org

tkircher@stillwatermining.com

tmerrill@aquionix.com

todd.mortag@ang.af.mil

todd.rudolph@aecom.com

todg@cordite.com

tomdavis@wispwest.net

townofalberton@blackfoot.net

tracie.e.norman@gmail.com

traciebuhl@fs.fed.us

trentb@townpump.com

twidboom@barr.com

videtich.callie@epa.gov

walkers@ci.billings.mt.us

Wendy_LAM@nyp.gov.sg

william.thompson@northwestern.com

wjacobs@flathead.mt.gov

wjbowden3@hotmail.com

wjurenic@mt.gov

wlneumiller@pplweb.com

woodwardjj@cdm.com

woohayes@yahoo.com

wwmercer@hollandhart.com

yhwu@ccny.cuny.edu

zoombee96@gmail.com

Shawna O'Brien

Steven steinbrook

Stella

Steve Wade

sue taylor

Susan

sue Williams

Steve Wright

Steve Zehntner

Tammy Johnson

Tashia Love

Taylor Anderson

thomas brown

Thomas Dzomba

Terri Mavencamp

Todd Everts

Blake de Pastino

Tom Damiana

Tina

Tiphanie Keefe

Tony Jewett

Kathy Drudick

Tammy Johnson

Tom Kircher

Teresa Merrill

Todd E. Mortag

Todd

Tod Glenn

T. Davis

Diane Jodsaas

Tracie Norman

Tracie

Trent Biggers

Tony Widboom

Callie Videtich

Scott Walker

Bill Thompson

Wendee Jacobs

Bowden

Whitney Jurenic

Bill Neumiller

Jesse Woodward

John Schieffelbein

bill mercer

Yonghua WU

Emma

10
Notices of Proposed Rulemaking

with Hearing

Public

Hearing

Date

1:00 p.m.

July 23,

2014

10:00 a.m.

July 21,

2014

2:00 p.m.

or at the

conclusion

of the

hearing

for MAR

Notice

No. 17-

360

July 16,

2014

Where

Room 40,

Metcalf

Building, 1520

East Sixth

Avenue,

Helena,

Montana

Comment

Due Date

5:00 p.m.

July 24,

2014

Room 111,

Metcalf

Building, 1520

East Sixth

Avenue,

Helena,

Montana

Room 111,

Metcalf

Building, 1520

East Sixth

Avenue,

Helena,

Montana

5:00 p.m

July 24,

2014

5:00 p.m.

July 24,

2014

Purpose

Notice of Public Hearing on

Proposed Amendment

(Subdivisions/On-Site

Subsurface Wastewater

Treatment Sewage Systems:

Operation and Maintenance,

Ownership, Easements, and

Agreements and Sewage

Systems: Existing Systems

MAR Notice No. 17-363)

Notice of Public Hearing on

Proposed Amendment

(Hazardous Waste

Incorporation by Reference and

No State Waste Delisting

Federal Petition Required

MAR Notice No. 17-362)

Notice of Public Hearing on

Proposed Amendment (Air

Quality Review of Maior

Stationary Sources and Major

Modifications—Source

Applicability and Exemptions

and Source Impact Analysis

MAR Notice No. 17-361)
HEARING TESTIMONY

July 16, 2014

PM-2.5 SILs SMC

Good Afternoon. My name is Liz Ulrich and I'm here representing the Montana Department of

Environmental Quality (Department) regarding the proposed amendment by the Board of

Environmental Review (Board) of the Administrative Rules of Montana, In the Matter of the

Amendment of ARM 17.8.818 and 17.8.820 Pertaining to Review of Major Stationary Sources and

Major Modifications—Source Applicability and Exemptions and Source Impact Analysis, published

at MAR Notice No. 17-361 on June 26, 2014.

More specifically, this rulemaking would remove from Montana's air quality major source permitting

program provision allowing the use of significant impact levels, and would modify the existing

significant monitoring concentration requirement for particulate matter less than 2.5 micrometers in

diameter, referred to as PM-2.5.

On October 20, 2010, the U.S. Environmental Protection Agency published final rule establishing

New Source Review Prevention of Significant Deterioration (PSD) increments, significant impact

levels, and significant monitoring concentration for PM-2.5. The PSD program regulates major

source permitting in areas that meet National Ambient Air Quality Standards (NAAQS). Montana

has adopted PSD rules in ARM Tide 17, chapter 8, subchapter 8. Significant impact levels are

screening tools that have been used in major source permitting to demonstrate that proposed

source's allowable emissions will not cause or contribute to violation of the NAAQS for PM-2.5;

such demonstration by an applicant is required to obtain permit from the Department. The

significant monitoring concentration has been used to exempt major sources from requirement

that they collect PM-2.5 monitoring data for up to one year before submitting permit application

to help determine existing or background ambient air quality.

The Board adopted these federal major source preconstxuction review requirements in ARM Title

17, chapter 8, subchapter 8, on September 23, 2011.

The federal major source permitting regulations concerning significant impact levels and significant

monitoring concentration were challenged in a federal lawsuit as not complying with the federal

Clean Air Act, and federal appeals court vacated (overturned) portions of the regulations in

2O13.Sierra Club v. EPA, 705 F.3d 458 (D.C.Cir. 2013). EPA responded by adopting new regulations

in 2013 that reduced the significant monitoring concentration for PM-2.5 to micrograms per cubic

meter, indicating that there is no air quality impact level below which reviewing authority has the

discretion to exempt source from the PSD preconstruction monitoring requirements for PM-2.5.

In the same rulemaking, EPA eliminated the significant impact levels for PM-2.5, stating that it will

initiate new rulemaking to address them in the future. Prevention of Significant Deterioration for

PM-2.5 SILs and SMCs: Removal of Vacated Elements, Final Rule, 78 Fed.Reg. 73698 (December

9, 2013).

Removal of the PM-2.5 significant impact levels and revision of the significant monitoring

concentration in Montana's PSD permitting program will ensure that Montana's air quality rules are
at least as stringent as federal air quality regulations in order to maintain federal delegation of

Montana's major source air quality permitting program.

The Department has completed stringency and takings analysis in accordance with Sections 75-2-

111 and 207 and 2-10-101 through 105, Montana Code Annotated. These documents are attached to

my written testimony, and are being submitted for the record. The Department also determined

there were no significant and direct impacts to small businesses, as defined in Section 2-4-111,

Montana Code Annotated; therefore, small business impact analysis was not prepared for the

proposed action.

The Board initiated rulemaking on May 30, 2014 to remove the vacated and remanded significant

impact levels and revise the significant monitoring concentration in the major source permitting

program rules, making them consistent with EPA regulations. The Department supports the

Board's adoption of the amendment as proposed in the Montana Administrative Register notice

published by the Montana Secretary of State on June 26, 2014.
Montana Department of

Environmental Quality Memo

TO:

FROM:

SUBJECT:

DATE:

Board of Environmental Review s\

Norman J. Mullen, Department of Environmental Quality (DEQ) Staff Attorney //>/ ^1

House Bill 521 (stringency) and House Bill 311 (takings) review of rulemaking

concerning the amendment of ARM 17.8.818 and 17.8.820 pertaining to review of

major stationary sources and major modifications—source applicability and

exemptions and source impact analysis 17-361 (publ. 6/26/14)

July 15, 2014

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 that the Board of Environmental Review (Board), prior to adopting

rule to implement the Clean Air Act of Montana that is more stringent than comparable federal

regulation or guideline that addresses the same circumstances, make certain written findings after a

public hearing and receiving public comment.

In this proceeding, the Board is proposing to amend ARM 17.8.818 and 17.8.820. These rules

address New Source Review-Prevention of Significant Deterioration (NSR-PSD). The amendment

to ARM 17.8.818 would change the significant monitoring concentration (SMC) for particulate

matter smaller than 2.5 microns from four micrograms per cubic meter (ug/m3) to zero ug/m3. The

amendment to ARM 17.8.820 would remove significant impact levels (SILs) for the same pollutant.

These amendments are being proposed because the federal Environmental Protection Agency was

required to make similar amendments to its regulations by federal court case, Sierra Club v. EPA.,

705 F.3d 458, 403 U.S. App. D.C. 318 (2013), and then EPA did amended its regulations

accordingly. See Prevention ofSignificant Deterioration for PM-2.5~SILs and SMCs: Removal of Vacated

Elements, Final Rule, 78 Fed.Reg. 73698 (December 9, 2013).

None of the proposed amendments would make the state rules more stringent than comparable

federal regulations or guidelines. Indeed, the amendments are being proposed to make the state

rules consistent with, and equally as stringent as, the comparable federal regulations. Therefore, no

further House Bill 521 analysis is required.

(over, please)
House Bill 521 and House Bill 311 Memo for

SMC and SILs Amendments Rulemaking

ARM Notice No. 17-361

July 15, 2014

Page

HB311 REVIEW

(Assessing Impact on Private Property)

Sections 2-10-101 through 105, MCA, codify House Bill 311, the Private Property Assessment Act,

from the 1995 legislative session, by requiring that, prior to taking an action that has taking or

damaging implications for private real property, state agency must prepare taking or damaging

impact assessment. Under Section 2-10-103(1), MCA, "action with taking or damaging implications"

means:

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 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

checklist, to assist agencies in determining whether an agency action has taking or damaging

implications.

reviewed the guidelines and researched whether the proposed amendments would constitute

deprivation of real property in violation of the federal or state constitution. determined that they

would not, and have completed an Attorney General's Private Property Assessment Act Checklist,

which is attached to this memo. No further House Bill 311 assessment is required.
PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST

(using form prepared by Montana Department of Justice, Jan. 2011)

In the matter of the amendment of ARM 17.8.818 and 17.8.820 pertaining to review of major stationary

sources and major modifications-source applicability and exemptions and source impact analysis, MAR

Notice 17-361 (publ. 6/26/14)

DOES THE PROPOSED AGENCY ACTION HAVE TAKINGS IMPLICATIONS UNDER THE

PRIVATE PROPERTY ASSESSMENT ACT?

YES NO

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

affecting private real property or water rights?

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

private property?

3. Does the action deprive the owner of all economically beneficial use of the property?

4. Does the action require property owner to dedicate portion of property or to

grant an easement? [If the answer is NO, skip questions 4a and 4b and continue with

question 5.]

4a. Is there reasonable, specific connection between the government requirement and

legitimate state interests?

4b. Is the government requirement roughly proportional to the impact of the proposed

use of the property?

5. Does the action deny fundamental attribute of ownership?

6. Does the action have severe impact on the value of the property?

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

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

[If the answer is NO, do not answer questions 7a-7c]

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

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

waterlogged, or flooded?

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

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

from the property in question?

Takings Checklist for Air Quality IBR Rulemaking, MAR Notice 17-361 Page
Taking or damaging implications exist if YES is checked in response to question and also to any one or

more of the following questions: 2, 3, 5, 6, 7a, 7b, 7c; or if NO is checked in response to questions 4a or

4b.

If taking or damaging implications exist, the agency must comply with Mont. Code Ann. 2-10-105, to

include the preparation of taking or damaging impact assessment. Normally, the preparation of an

impact assessment will require consultation with agency legal staff.

Takings Checklist for Air Quality IBR Rulemaking, MAR Notice 17-361 Page
PM-2.5 SILs/SMC Comment

COMMENT NO. 1:

Commenter believes open burning is significant contributor of particulate matter pollution in

Ravalli County and would like more extensive open burning regulation by the Department of

Environmental Quality.

RESPONSE NO. 1:

The comment concerns matters beyond the scope of this rulemaking.
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

In the matter of the amendment of

ARM n.8.818 and 17.8.820

pertaining to review of major

stationary sources and major

modifications—source applicability

and exemptions and source impact

analysis

PRESIDING OFFICER REPORT

INTRODUCTION

1. On July 16, 2014, the undersigned presided over and conducted

the public hearing held in Room 111 of the Metcalf Building, Helena,

Montana, to take public comment on the above-captioned proposed

amendments of existing rules. The amendments propose to amend ARM

17.8.818 and 17.8.820 by removing provision from Montana's air quality

major source permitting program allowing the use of significant impact levels,

and by modifying the existing significant monitoring concentration

requirement for particulate matter less than 2.5 micrometers in diameter,

referred to as PM-2.5.

The Notice of Public Hearing on Proposed Amendment, Repeal and

Adoption was contained in the 2014 Montana Administrative Register, Notice

Number 17-361, published on June 26, 2014, in Issue No. 12, at pages 1327

through 1330. copy of the notice is attached to this report. (Attachments

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

2. The hearing began at 2:00 p.m. The hearing was transcribed by

Susan Johnson with Lesofski Court Reporting Video Conferencing of

Helena, MT.

3. The undersigned announced that persons at the hearing would be

PRESIDING OFFICER REPORT

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given an opportunity to submit their data, views, or arguments concerning the

proposed action, either orally or in writing. At the hearing, the undersigned

also identified and summarized the MAR notice, stated that copies of the

MAR notice were available in the hearing room, and read the Notice of

Function of Administrative Rule Review Committee as required by Mont.

Code Ann. 2-4-302(7)(a). The rulemaking interested persons list and the

opportunity to have names placed on that list was addressed. Also referenced

was the authority to make the proposed rule amendments as well as the

opportunity to present matters at the hearing or in writing, as stated in the

MAR notice.

SUMMARY OF HEARING

4. Ms. Liz Ulrich, Air Quality Planner with the Air Resources

Management Bureau with the Montana Department of Environmental Quality,

presented written and oral testimony explaining the rule amendments. He

recommended that the rule amendments be adopted as proposed in the MAR

notice. Ms. Ulrich's comments are attached.

5. There were no members of the public who presented testimony at

the hearing.

SUMMARY OF WRITTEN MATERIALS

6. Prior to the hearing, written comments were timely received from

Theresa Blazicevich dated June 26, 2014. Ms. Blazicevich's comments are

attached to this report. Ms. Blazicevich commented that she believes open

burning to be significant contributor of particulate matter pollution in Ravalli

County, and that she would like more extensive open burning regulation by the

Department of Environmental Quality. This comment is addressed in the

Notice of Amendment prepared by the Department.

7. The Department also submitted memorandum from DEQ staff

PRESIDING OFFICER REPORT

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attorney, Mr. Norman J. Mullen with HB 521 and HB 311 reviews of the

proposed amendments together with Private Property Assessment Act

Checklist. Mr. Mullen's memorandum is attached to this report.

8. Mr. Mullen concluded that HB 521 probably does not apply to

the proposed amendments and even if it did, there are no federal regulations or

guidelines that would make the state rules more stringent than comparable

federal regulations or guidelines. Rather, these amendments are being

proposed to make the state rules consistent with, and thus as stringent as,

federal regulations.

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 proposed amendments affecting the use

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

property. 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. No further written comments have been received. The period to

submit comments ended at p.m. on July 24, 2014.

PRESIDING OFFICER COMMENTS

11. The Board and the Department have jurisdiction to adopt and

amend, the amendments and rules referenced in this rulemaking pursuant to

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

12. House Bill 521 (1995), codified in the Air Quality Act at Mont.

Code Ann. §§ 75-2-111 and 75-2-207 generally provides that the Board may

not adopt rule that is more stringent than comparable federal regulations or

guidelines, unless the Board makes written findings after public hearing and

PRESIDING OFFICER REPORT

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comment. The proposed amendments are not comparable to federal regulation

or guidelines. Therefore written findings are not necessary.

13. House Bill 311 (1995), the Private Property Assessment Act,

codified as Mont. Code Ann. 2-10-101 through -105, provides that state

agency must complete review and impact assessment prior to taking an

action with taking or damaging implications. The proposed amendments

affect real property. Private Property Assessment Act Checklist was

prepared in this matter. The proposed amendments do not have direct taking

or damaging implications for property. Therefore, no further HB 311

assessment is necessary.

14. The procedures required by the Montana Administrative

Procedure Act, including public notice, hearing, and comment, have been

followed.

15. The Board may adopt the proposed rule amendments or reject

them, or adopt the rule amendments and new rule with revisions not exceeding

the scope of the public notice.

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

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

the date the Board published the notice of proposed rulemaking in the

Montana Administrative Register, or by December 26, 2014.

Dated this/> day of September, 2014.

BENJAMIN REED

Presiding Officer

PRESIDING OFFICER REPORT

PAGE
In Re:

Before the Board ofEnvironmental Review

State of Montana

Transcript ofProceedings

July 16, 2014

LESOFSKI COURT REPORTING, INC.

Original Filejulyl6bhrg.txt

Min-U-Script® with Word Index
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

STATE OF MONTANA

In the matter of the amendment of

ARM 17.8.818 and 17.8.820 pertaining

to review of major stationary sources

and major notifications--source

applicability and exemptions and

source impact analysis

TRANSCRIPT OF PROCEEDINGS

On the 16th day of July, 2014, beginning

at 2:00 PM, the above-referenced matter was

heard at the Metcalf Building, 1520 East Sixth

Avenue, Helena, Montana, before Susan Johnson,

Court Reporter, Notary Public.

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APPEARANCES

BENJAMIN REED

BOARD ATTORNEY

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

Thereupon:

MR. REED: This hearing is called to order.

Let the record show that it is July 16th, 2014 at two

o'clock PM. This hearing is taking place in Room 111 of

the Metcalf Building, 152 East Sixth Avenue in Helena,

Montana. This is the time and place set for the public

hearing in the matter of the amendment of ARM 17.8.818

and 17.8.820 pertaining to review of major stationary

sources and major modifications, source applicability

10 and exemptions and source impact analysis.

11 This public hearing is being recorded by

12 Susan Johnson of Lisa Lesofski Court Reporting. My name

13 is Benjamin Reed, I'm assistant attorney general for the

14 State of Montana. I'm assigned to the agency of Legal

15 Services Bureau of the Board of Environmental Review as

16 designated attorney for the Agency Legal Services Bureau

17 to preside over and conduct this public hearing. Copies

18 of the Notice of Public Hearing on the proposed

19 rule-making are available on the table near the door for

20 anyone who has not received copy. Anyone who wants to

21 make statement or submit written materials at this

22 hearing should fill out Notice to Presiding Officer

23 Form and give it to me before he or she speaks. The

24 Notice to Presiding Officer Forms are on the table near

25 the door.

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

Montana Code Annotated, Section 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 am required to read is as

follows: Notice of Functions of Administrative Rule

Review Committee. Administrative rule review is

function of interim committees and the Environmental

Quality Council, (EQC). These interim committees and

10 the EQC have administrative rule review, program

11 evaluation and monitoring functions for executive branch

12 agencies and the entities attached to agencies for

13 administrative purposes. In this case, the EQC has

14 those functions for the Department of Environmental

15 Quality, the Board of Environmental Review. These

16 interim committees and the EQC have the authority to

17 make recommendations to an agency regarding the

18 adoption, amendment or repeal of rule or to request

19 that the agency prepare statement of the estimated

20 economic impact of proposal. They also may poll the

21 members of the Legislature to determine if proposed

22 rule is consistent with the intent of the Legislature

23 or, during legislative session, introduce bill

24 repealing rule or directing an agency to adopt or

25 amend rule or joint resolution recommending that an

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

agency adopt, amend or repeal 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. Their mailing address is

P.O. Box 201706, Helena, Montana 59620-1706.

That completes the reading of the Notice of

Function of the Administrative Rule Review Committee.

10 Montana Code Annotated, Section 2-4-302(2) (a)

11 requires each agency, which includes boards, to create

12 and maintain list of interested persons on

13 rule-making subject or subjects in which each person on

14 the list is interested. person who submits written

15 comment or attends hearing regarding proposed agency

16 rule-making must be informed of the list by the agency.

17 The Department of Environmental Quality maintains lists

18 of persons interested in various areas of rule-making

19 conducted by the department and by the Board of

20 Environmental Review so that the department can provide

21 these persons with notice of proposed rule-making

22 actions. On the table near the door are forms for

23 interested persons to designate their areas of interest

24 in rule-making so that the department can notify them of

25 proposed rule-making actions in their areas of interest.

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

If you would like to be placed on rule-making

interested persons list, please complete one of the

forms and leave it on the table.

Notice of this hearing was contained in the

Montana Administrative Register, Notice No. 170361,

published on June 26th, 2014 in Issue No. 12 at pages

1327 through 1330. Written comments submitted after

this hearing should be addressed to the board and

delivered to Mrs. Elois Johnson, paralegal, at the

10 Metcalf Building, 1520 East Sixth Avenue in Helena,

11 Montana, or mailed to the board at P.O. Box 00901,

12 Helena, Montana 59620-0901, or faxed to area code

13 406-444-4386, or e-mailed to the board secretary. The

14 e-mail address is ejohnson@mt.gov. To guarantee

15 consideration by the board, comments must have been

16 received or postmarked no later than five PM on July

17 24th, 2014. Copies of the notice are available on the

18 table near the door. complete copy of the notice of

19 public hearing will be included in the official record

20 of this hearing.

21 The authority of the Board of Environmental

22 Review to undertake this rule-making is contained in

23 Montana Code Annotated, Section 75-2-111. The presiding

24 officer may ask questions of persons making statements

25 at hearing and may allow others to ask questions upon

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

request. Persons making statements do not have an

automatic right to provide rebuttal or other additional

information after they have completed their statements.

However, presiding officer may request further

information and may allow further statements for good

cause, if requested.

The order of presentation by persons making

statements will be as follows. First, the department

will have the opportunity to summarize or otherwise

10 explain the proposed rule-making and its reasons for

11 proposing the rules and to offer any supporting

12 information. Second, the statements of proponents, that

13 is persons in favor of the rule-making. Third, the

14 statements of opponents, that is persons opposed to the

15 rule-making. Fourth, the statements of anyone else

16 wishing to be heard. shall call on persons to come

17 forward to make their statements based on the Notice to

18 Presiding Officer Forms that are on the table near the

19 door and have been filled out and provided to me. If

20 anyone wishing to speak has not filled out form,

21 please do so at this time and bring it to me.

22 Because we are recording this hearing, all

23 persons making statements will be asked to come forward

24 to the podium. Prior to making your statement, please

25 identify yourself by name, address and affiliation and

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

whether you are proponent or opponent of the proposal.

If you intend to offer document for consideration,

please make sure that the document can be identified by

reference to your name. Are there oral statements at

this time?

MS. ULRICH: Good afternoon. For the record,

my name is Liz Ulrich. reside at 2530 Ninth Street.

am here to represent the Montana Department of

Environmental Quality regarding the Board of

10 Environmental Review proposed amendment of

11 administrative rule of the Montana Title 17, Chapter 8,

12 Subchapters 818 and 820. This rule-making would remove

13 the significant impact levels and modify the significant

14 monitoring concentration particulate matter less than

15 2.5 micrometers in diameter, referred to as PM 2.5, from

16 Montana's air quality major source permitting.

17 On October 20th, 2010, the U.S. Environmental

18 Protection Agency published the final rule establishing

19 new source review, prevention of significant

20 deterioration increments, significant impact levels and

21 significant monitoring concentration for PM 2.5.

22 Significant impact levels are screening tools that have

23 been used in PSD permitting to demonstrate that the

24 proposed sources' allowable emissions will not cause or

25 contribute to violation of the national ambient air

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

quality standards. Such demonstration by an applicant

is required to obtain permit from the department. The

significant monitoring concentration has been used for

those sources from requirement that they collect the

monitoring data for up to one year before submitting

permit application to help determine the existing

ambient air quality. The board adopted these federal

pre-construction review requirements into the

Administrative Rules of Montana, Title 17, Chapter 8,

10 Subchapter on September 23rd, 2011.

11 The federal regulations concerning

12 significant impact levels and significant monitoring

13 concentrations were challenged in federal lawsuit as

14 not complying with the Federal Clean Air Act, and

15 federal appeals court vacated portions of the

16 regulations in 013 EPA responded by adopting new

17 regulations that reduced the PM 2.5 to zero micrograms

18 per meter, indicating that there is no air quality

19 impact level below which reviewing authority has the

20 discretion to exempt source from the PM 2.5 monitoring

21 requirements. In the same rule-making, EPA also

22 eliminated the significant impact levels for PM 1.5,

23 stating that it will initiate new rule-making to address

24 them in the future. Removal of the PM 2.5 at

25 significant impact levels and revision of the

LESOFSKI COURT REPORTING, INC., 406-443-2010
Transcript of Proceedings

10

significant monitoring concentration in Montana's PSD

permitting program will insure that Montana's air

quality rules are at least as stringent as the federal

air quality regulations in order to maintain federal

delegation of Montana's major source air quality

permitting program.

The department has completed stringent EPA

analysis in accordance with Section 75-2-111 and 207 and

2-10-101 through 105 Montana Code Annotated. These

10 documents are attached to my testimony and are being

11 submitted for the record.

12 The department also determined that there

13 were no significant and direct impacts to small

14 businesses as defined in Section 2-4-101. Therefore,

15 small business impact analysis was not prepared for the

16 preceding section. The board initiated rule-making

17 May 0th, 014 to remove the vacated ruling on

18 significant impact levels and revised the significant

19 monitoring concentrations in the major source permitting

program rule, making them consistent with the EPA

21 regulation. The department supports the board's

22 proposed adoption of the amendment as proposed in the

23 Montana Administrative Register notice published

24 June 26th, 2014.

25 MR. REED: Thank you, Ms. Ulrich.

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Transcript of Proceedings

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Are there proponents who wish to speak at

this time?

Are there opponents who wish to speak at this

time?

Are there other individuals who wish to

submit oral comments at this time?

Seeing none of the above, would thank you

for your attendance and statement to the public comments

portion. This hearing is hereby concluded. Again,

will prepare report for the Board of Environmental

Review of this hearing and summary of the comments

that are received after this hearing within the time

allowed. The board will consider the matter probably at

its public meeting in Helena on September 26th, 2014.

And that is all. Thank you very much.

(Whereupon, the taking of the deposition was concluded

at 2:15 PM.)

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CERTIFICATE

I, Susan Johnson, Court Reporter, do hereby

certify:

That the foregoing hearing was taken before me

at the time and place herein named, that the hearing was

reported by me and that the foregoing pages

contain true record of the testimony of the witness to

the best of my ability.

DATED this day of 2014.

SUSAN JOHNSON

LESOFSKI COURT REPORTING, INC., 406-443-2010
Before the Board of Environmental Review

State of Montana

Transcript of Proceedings

July 16,2014

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COURT REPORTING,

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9:1

Department (11)

4:14;5:17,19,20,

24;7:8;8:8;9:2;10:7,

12,21

deposition (1)

11:16

designate (1)

5:23

designated (1)

3:16

deterioration (1)

8:20

determine (2)

4:21;9:6

determined (1)

10:12

diameter (1)

8:15

difficulties (1)

5:5

direct(1)

10:13

directing (1)

4:24

discretion (1)

9:20

document (2)

8:2,3

documents (1)

10:10

door (5)

3:19,25;5:22;6:18;

7:19

during (1)

INC., 406-443-2010

4:23

East (2)

3:5;6:10

economic (1)

4:20

ejohnson@mtgov (1)

6:14

eliminated (1)

9:22

Elois (1)

6:9

else (1)

7:15

e-mail (1)

6:14

e-mailed (1)

6:13

emissions (1)

8:24

entities (1)

4:12

Environmental (11)

3:15;4:8,14,15;

5:17,20;6:21;8:9,10,

17;11:10

EPA (4)

9:16,21;10:7,20

EQC (5)

4:9,10,13,16;5:2

establishing (1)

8:18

estimated (1)

4:19

evaluation (1)

4:11

executive (1)

4:11

exempt (1)

9:20

exemptions (1)

3:10

existing (2)

5:6;9:6

explain (1)

7:10

favor (1)

7:13

faxed (1)

6:12

federal (7)

9:7,11,13,14,15;

10:3,4

fill (1)

3:22

filled (2)

7:19,20

final (1)

(1) above final
Before the Board of Environmental Review

State of Montana

8:18

First(1)

7:8

five (1)

6:16

follows (2)

4:6;7:8

Form (2)

3:23;7:20

Forms (4)

3:24;5:22;6:3;7:18

forward (2)

7:17,23

Fourth (1)

7:15

Function (3)

4:3,8;5:9

Functions (3)

4:6,11,14

further (2)

7:4,5

future (1)

9:24

general (1)

3:13

good (2)

7:5;8:6

guarantee (1)

6:14

heard (1)

7:16

hearing (17)

3:2,4,7,11,17,18,

22;5:15;6:4,8,19,20,

25;7:22;11:9,11,12

hearings (1)

4:2

Helena (5)

3:5;5:7;6:10,12;

11:14

help (1)

9:6

hereby (1)

11:9

identified (1)

8:3

identify (1)

7:25

impact (11)

3:10;4:20;8:13,20,

22;9:12,19,22,25;

10:15,18

impacts (1)

10:13

included (1)

6:19

includes (1)

5:11

increments (1)

8:20

indicating (1)

9:18

individuals (1)

11:5

information (3)

7:3,5,12

informed (1)

5:16

initiate (1)

9:23

initiated (1)

10:16

insure (1)

10:2

intend (1)

8:2

intent (1)

4:22

interest(2)

5:23,25

interested (5)

5:12,14,18,23;6:2

interim (4)

4:8,9,16;5:2

into (1)

9:8

introduce (1)

4:23

invite (1)

5:3

Issue (1)

6:6

Johnson (2)

3:12;6:9

joint(1)

4:25

July (2)

3:3;6:16

June (2)

6:6;10:24

later (1)

6:16

lawsuit (1)

9:13

least(1)

10:3

leave (1)

6:3

Legal (2)

3:14,16

legislative (1)

4:23

Legislature (2)

4:21,22

Lesofski (1)

3:12

less (1)

8:14

level (1)

9:19

levels (7)

8:13,20,22;9:12,

22,25;10:18

Lisa (1)

3:12

list (4)

5:12,14,16;6:2

lists (1)

5:17

Liz(l)

8:7

mailed (1)

6:11

mailing (1)

5:6

maintain (2)

5:12;10:4

maintains (1)

5:17

major (5)

3:8,9;8:16;10:5,19

making (6)

6:24;7:1,7,23,24;

10:20

materials (1)

3:21

matter (3)

3:7;8:14;11:13

may (6)

4:20;6:24,25;7:4,

5;10:17

meeting (1)

11:14

members (2)

4:21;5:3

Metcalf(2)

3:5;6:10

meter (1)

9:18

micrograms (1)

9:17

micrometers (1)

8:15

modifications (1)

3:9

modify (1)

8:13

monitoring (9)

4:11;8:14,21;9:3,

5,12,20;10:l,19

Montana (14)

Transcript of Proceedings

July 16, 2014

3:6,14;4:l;5:7,10;

6:5,11,12,23;8:8,11;

9:9;10:9,23

Montana's (4)

8:16;10:l,2,5

Mrs (1)

6:9

much (1)

11:15

must (2)

5:16;6:15

name (4)

3:12;7:25;8:4,7

national (1)

8:25

near(5)

3:19,24;5:22;6:18;

7:18

new (3)

8:19;9:16,23

Ninth (1)

8:7

none (1)

11:7

Notice (14)

3:18,22,24;4:3,5,6;

5:8,21;6:4,5,17,18;

7:17;10:23

notify (1)

5:24

obtain (1)

9:2

o'clock (1)

3:4

October (1)

8:17

offer (2)

7:11;8:2

Officer (5)

3:22,24;6:24;7:4,

18

officers (1)

4:2

official (1)

6:19

one (2)

6:2;9:5

opponent (1)

8:1

opponents (2)

7:14;11:3

opportunity (1)

7:9

opposed (1)

7:14

oral (2)

8:4;11:6

order (4)

3:2;5:4;7:7;10:4

others (1)

6:25

otherwise (1)

7:9

out (3)

3:22;7:19,20

over(1)

3:17

pages (1)

6:6

paralegal (1)

6:9

particulate (1)

8:14

per (1)

9:18

permit (2)

9:2,6

permitting (5)

8:16,23;10:2,6,19

person (2)

5:13,14

persons (12)

5:12,18,21,23;6:2,

24;7:1,7,13,14,16,23

pertaining (1)

3:8

place (2)

3:4,6

placed (1)

6:1

please (4)

6:2;7:21,24;8:3

PM(9)

3:4;6:16;8:15,21;

9:17,20,22,24;ll:17

PO(2)

5:7;6:11

podium (1)

7:24

poll (1)

4:20

portion (1)

11:9

portions (1)

9:15

postmarked (1)

6:16

preceding (1)

10:16

pre-construction (1)

9:8

prepare (2)

4:19;11:10

prepared (1)

10:15

presentation (1)

7:7

Min-U-Script* LESOFSKI COURT REPORTING, INC., 406-443-2010 (2) First presentation
Before the Board of Environmental Review

State of Montana

Transcript of Proceedings

July 16, 2014

preside (1)

3:17

Presiding (6)

3:22,24;4:2;6:23;

7:4,18

prevention (1)

8:19

Prior (1)

7:24

probably (1)

11:13

program (4)

4:10;10:2,6,20

proponent (1)

8:1

proponents (2)

7:12;11:1

proposal (2)

4:20;8:l

proposed (11)

3:18;4:21;5:6,15,

21,25;7:10;8:10,24;

10:22,22

proposing (1)

7:11

Protection (1)

8:18

provide (2)

5:20;7:2

provided (1)

7:19

PSD (2)

8:23;1O:1

public (8)

3:6,11,17,18;5:3;

6:19;11:8,14

published (3)

6:6;8:18;10:23

purposes (1)

4:13

Quality (11)

4:9,15;5:17;8:9,

16;9:l,7,18;10:3,4,5

read (2)

4:2,5

reading (1)

5:8

reasons (1)

7:10

rebuttal (1)

7:2

received (3)

3:20;6:16;ll:12

recommendations (1)

4:17

recommending (1)

4:25

record (4)

3:3;6:19;8:6;10:ll

recorded (1)

3:11

recording (1)

7:22

reduced (1)

9:17

REED (3)

3:2,13;10:25

reference (1)

8:4

referred (1)

8:15

regarding (3)

4:17;5:15;8:9

Register (2)

6:5;10:23

regulation (1)

10:21

regulations (4)

9:ll,16,17;10:4

Removal (1)

9:24

remove (2)

8:12;10:17

repeal (2)

4:18;5:1

repealing (1)

4:24

report (1)

11:10

Reporting (1)

3:12

represent (1)

.5

request (3)

4:18;7:1,4

requested (1)

7:6

required (2)

4:5;9:2

requirement (1)

9:4

requirements (2)

9:8,21

requires (2)

4:2;5:11

reside (1)

8:7

resolution (1)

4:25

responded (1)

9:16

review (14)

3:8,15;4:3,7,7,10,

15;5:9,20;6:22;8:10,

19;9:8;11:11

reviewing (1)

9:19

revised (1)

10:18

revision (1)

9:25

right (1)

7:2

Room (1)

3:4

rule (14)

4:2,3,6,7,10,18,22,

24,25;5:1,9;8:11,18;

10:20

rule-making (16)

3:19;5:13,16,18,

21,24,25;6:1,22;

7:10,13,15;8:12;

9:21,23;10:16

rules (4)

5:6;7:ll;9:9;10:3

ruling (1)

10:17

same (1)

9:21

screening (1)

8:22

Second (1)

7:12

secretary (1)

6:13

Section (6)

4:l;5:10;6:23;

10:8,14,16

Seeing (1)

11:7

send (1)

5:4

September (2)

9:10;ll:14

Services (2)

3:15,16

session (1)

4:23

set(l)

3:6

shall (1)

7:16

show (1)

3:3

significant (15)

8:13,13,19,20,21,

22;9:3,12,12,22,25;

10:1,13,18,18

Sixth (2)

3:5;6:10

small (2)

10:13,15

source (7)

3:9,10;8:16,19;

9:20;10:5,19

sources (2)

3:9;9:4

sources' (1)

8:24

speak (3)

7:20; 11:1,3

speaks (1)

3:23

standards (1)

9:1

State (1)

3:14

statement (4)

3:21;4:19;7:24;

11:8

statements (12)

5:4;6:24;7:1,3,5,8,

12,14,15,17,23;8:4

stating (1)

9:23

stationary (1)

3:8

Street(1)

8:7

stringent (2)

10:3,7

Subchapter (1)

9:10

Subchapters (1)

8:12

subject (1)

5:13

subjects (1)

5:13

submit (2)

321 ;11:6

submits (1)

5:14

submitted (2)

6:7;10:ll

submitting (1)

9:5

summarize (1)

7:9

summary (1)

11:11

supporting (1)

7:11

supports (1)

10:21

sure (1)

8:3

Susan (1)

3:12

table (6)

3:19,24;5:22;6:3,

18;7:18

testimony (1)

10:10

Therefore (1)

10:14

Thereupon (1)

3:1

Third (1)

7:13

Title (2)

8:11;9:9

tools (1)

8:22

two (1)

3:3

ULRICH (3)

8:6,7;10:25

undertake (1)

6:22

up(l)

9:5

upon (1)

6:25

used (2)

8:23;9:3

vacated (2)

9:15;10:17

various (1)

5:18

violation (1)

8:25

wants (1)

3:20

welcome (1)

5:2

Whereupon (1)

11:16

wish (3)

11:1,3,5

wishing (2)

7:16,20

within (1)

11:12

written (4)

3:21;5:4,14;6:7

year(1)

9:5

zero (1)

9:17

1.5 (1)

9:22

105(1)

10:9

Min-U-Script® LESOFSKI COURT REPORTING, INC., 406-443-2010 (3) preside -105
Before the Board of Environmental Review

State of Montana

111(1)

3:4

12(1)

6:6

1327 (1)

67

1330 (1)

6-7

1520(2)

3:5;6:10

16th (1)

3:3

17(2)

8:11;9:9

17.8.818 (1)

3:7

17.8.820 (1)

3-g

170361 (1)

6:5

2.5 (6)

815 IS 21 -9-17

20,24

2:15(1)

11:17

200901 (1)

6:11

2010(1)

8-17 O.I/

2011(1)

9:10

2013 (1)

9:16

2014 (6)

3:3;6:6,17;10:17,

24;11:14

201706(1)

5:7

207(1)

10:8

20th (1)

8:17

2-10-101 (1)

10:9

23rd (1)

9:10

2-4-101 (1)

10:14

2-4-3022a (1)

5:10

2-4-3027a (1)

4:1

24th (1)

6:17

2530 (1)

8:7

26th (3)

6:6;10:24;ll:14

Transcript of Proceedings

July 16,2014

30th (1)

10:17

406-444-4386 (1)

6:13

59620-0901 (1)

6:12

59620-1706 (1)

5:7

75-2-111 (2)

6:23;10:8

8(3)

8:ll;9:9,10

818(1)

8:12

820 (1)

8:12

Min-U-Script® LESOFSKI COURT REPORTING, INC., 406-443-2010 (4)111-820
Montana.

Board of Environmental Review P. O. Box 2OO901 Helena, MT 59620-0901 (406)444-2544 Website: www.deq.state.mt.us

TELECONFERENCE AGENDA

FRIDAY, SEPTEMBER 26, 2014

METCALF BUILDING, ROOM 111

1520 EAST SIXTH AVENUE, HELENA, MONTANA

NOTE: It is expected that most available Board members will be participating telephonically. The Board attorney

and secretary, along with any Board members who so choose, will be present at the location stated above.

Interested persons, members of the public, and the media are welcome to attend at the location stated above.

Members of the public and press also may join Board members with prior arrangement. Contact information for

Board members is available on the Board's Website (httpJ/www.deq.mt.gov/ber/index.asp) or from the Board

Secretary (406-444-2544). The Board will make reasonable accommodations for persons with disabilities who wish

to participate in this meeting. Please contact the Board Secretary by telephone or by e-mail at iwittenberg(a).mt.gov

no later than 24 hours prior to the meeting to advise her ofthe nature ofthe accommodation needed.

9:00 A.M.

I. ADMINISTRATIVE ITEMS

A. REVIEW AND APPROVE MINUTES

1. The Board will vote on adopting the July 25, 2014, meeting minutes.

II. BRIEFING ITEMS

A. CONTESTED CASE UPDATE

1. Enforcement cases assigned to the Hearing Examiner

a. In the matter of violations of the Public Water Supply Laws by Trailer Terrace

Mobile Park, LLC, Dennis Deschamps and Dennis Rasmussen at the Trailer

Terrace, PWSID No. MT0000025, Great Falls, Cascade County, BER 2012-11

PWS. On August 1, 2014, the parties submitted Proposed Schedule with hearing

proposed for the week of April 27, 2015.

b. In the matter of violations of the Sanitation in Subdivisions Act and Public Water

Supply Laws by Roger Emery at the Sunrise Motel, Sidney, Richland County,

BER 2013-06 SUB. On June 4, 2014, the attorney for DEQ filed Department of

Environmental Quality's Motion for Summary Judgment and Brief in Support, and on

August 29, 2014, he filed Department's Motion to Continue Hearing and Request for

Prehearing Conference.

c. In the matter of final action regarding the appeal and request for hearing by

Missoula County and the Clark Fork Coalition regarding DEQ's issuance of

MPDES Permit No. MT0000035 issued to M2Green Redevelopment's site in

Frenchtown, MT, BER 2014-02/03 WQ. On June 30, 2014, the Board received

Page of3
Stipulation for Dismissal of Administrative Appeal signed by the parties. An order to

dismiss the appeal was presented to the Board at its July 25 meeting. The Board did not

take action on the order.

2. Non-enforcement cases assigned to the Hearings Examiner

a. In the matter of the notice of appeal and request for hearing by Yellowstone

Energy Limited Partnership (YELP) regarding issuance of MPDES Permit NO.

MT0030180 for YELP's facility in Billings, MT, BER 2014-01 WQ. On April 29,

2014, the attorney for YELP filed Unopposed Motion to Stay Proceedings, and on May

6, 2014, the Interim Hearings Examiner issued Order Granting Motion to Stay

Proceedings, requiring status report no later than August 1, 2014. On August 5, 2014,

the Board received Status Report from the attorneys for appellant YELP.

3. Contested Cases not assigned to Hearing Examiner

a. In the matter of the notice of appeal and request for hearing by Western Energy

Company (WECO) regarding its MPDES Permit No. MT0023965 issued for

WECO's Rosebud Mine in Colstrip, BER 2012-12 WQ. On April 9, 2014, the

hearings examiner issued an Order Granting the Joint Unopposed Motion for Partial

Remand of Permit to Department of Environmental Quality and for Suspension of

Proceedings. On May 14, 2014, DEQ filed a Status Report regarding the matter.

modified permit will be made available for public comment on or before June 9, 2014.

b. In the matter of the notice of appeal for hearing by Montana Environmental

Information Center regarding DEQ's approval of coal mine permit No. C1993017

issued to Signal Peak Energy, LLC, for Bull Mountain Mine No. in Roundup,

MT, BER 2013-07 SM. The following documents have been filed in this matter since

the July 25 Board meeting:

7/11/14 Appellant Montana Environmental Information Center's Reply in

Support of Motion for Summary Judgment

7/30/14 DEQ's Surreply Brief in Response to MEIC Reply Brief Filed July 7.

2014

7/30/14 DEQ's Unopposed Motion for Leave to File Surreply Brief and to

Extend Briefing Schedule

7/30-14 DEQ's Request for Oral Argument

7/30/14 DEQ's Notice of Errata for Response Brief Filed May 30. 2014

8/4/14 Order Granting Leave to File Surreply and Extending Briefing Schedule

8/8/14 Signal Peak Energy. LLC's Combined Reply in Support of Cross-Motion

for Summary Judgment and Surreply to MEIC's Motion for Summary Judgment

8/25/14 Appellant Montana Environmental Information Center's Surreply in

Support of Summary Judgment

B. OTHER BRIEFING ITEMS

1. The department will provide the Board with report regarding the air quality permit fees

that are anticipated for the next calendar year, as required by ARM 17.8.510(1).

BER Agenda Page of September 26, 2014
III.ACTION ITEMS

A. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES

1. In the matter of final adoption of the proposed amendments to ARM 17.8.501

Definitions and 17.8.504 Air Quality Permit Application Fees, to adjust air quality permit

application fees to more closely reflect the cost of processing permit application, clarify

relevant definitions, and make other housekeeping amendments, as noticed in MAR 17-

360.

2. In the matter of final adoption of proposed amendments to ARM 17.8.818 Review of

Major Stationary Sources and Major Modifications Source Applicability and

Exemptions and 17.8.820 Source Impact Analysis, to reflect changes to major New

Source Review Prevention of Significant Deterioration of Air Quality permitting

regulations, Significant Impact Levels (SILs) and Significant Monitoring Concentration

(SMC) for PM25, as noticed in MAR 17-361.

B. NEW CONTESTED CASES

1. In the matter of Phillips 66 Company's appeal of Outfall 006 Arsenic Limits in

Montana Pollution Discharge Elimination System Permit No. MT0000256,

Billings, Yellowstone County, MT, BER 2014-05 WQ. The Board received the

appeal on August 6, 2014. The Board may appoint permanent hearings examiner or

decide to hear the matter.

2. In the matter of Columbia Falls Aluminum Company's (CFAC) appeal of DEQ's

modification of Montana Pollutant Discharge Elimination System Permit No.

MT0030066, Columbia Falls, Flathead County, MT, BER 2014-06 WQ. The Board

received the appeal on August 22, 2014. The Board may appoint permanent hearings

examiner or decide to hear the matter.

3. In the matter if violations of the Opencut Mining Act by Bay Materials, LLC at

Normont Farms Pit, Toole County, Montana, BER 2014-07 OC. The Board

received the appeal on August 29, 2014. The Board may appoint permanent hearings

examiner of decide to hear the matter.

IV. GENERAL PUBLIC COMMENT

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 of September 26,2014
10

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14

15

16

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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

BOARD MEETING

September 26, 2014

TRANSCRIPT OF PROCEEDINGS

Heard at Room 111 of the Metcalf Building

1520 East Sixth Avenue

Helena, Montana

September 26, 2014

9:00 a.m.

BEFORE CHAIRMAN ROBIN SHROPSHIRE,

BOARD MEMBERS MARIETTA CANTY;

LARRY MIRES, JOSEPH RUSSELL,

CHRIS TWEETEN, and HEIDI KAISER (by telephone)

PREPARED BY: LAURIE CRUTCHER, RPR

COURT REPORTER, NOTARY PUBLIC

n?*"».

■: ?■ >.

UKlblNAL
Ij

CHAIRMAN SHROPSHIRE: Okay. The next

item on the agenda are non-enforcement cases

assigned to the Hearing Examiner. So can you talk

about YELP.

MR. REED: The status of YELP believe

is the same as it was when the Board last met.

was contacted by YELP's attorney, Mr. Crowley

(phonetic), and it is my understanding that DEQ

and YELP are still working through the process of

10 settling this matter in relatively amicable

11 fashion, but nothing has been filed with me since

12 then.

13 CHAIRMAN SHROPSHIRE: Then contested

14 cases not assigned to Hearing Examiner. Who

15 briefs us on those?

16 MR. NORTH: It would be the Board's

17 attorney. can tell you on that one that it was

18 remanded with the stipulation that the Department

19 and the Appellant had reached an agreement on an

20 amended permit, it was put out in June for public

21 comment, and we received public comment, and the

22 Department issued the permit then on September

23 8th. So the appeal period for that runs for

24j thirty days, so we don't know what's going to

25 happen at this point, but the permit has been
10

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13

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15

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issued.

CHAIRMAN SHROPSHIRE: Thanks, John.

Then next item, the MEIC, do you have an update on

that, Ben?

MR. REED: do. To summarize the

matter for the Board, which is somewhat difficult,

as you can see, the procedural history of this is

pretty convoluted, primarily because both --

would say sides but DEQ and Signal Peak are

using one set of standards for water quality, and

MEIC is using second set. So the initial motion

for summary judgment had that as the primary

contested issue.

The subsequent briefing and the

subsequent motions in support of the cross motions

and surreplies for summary judgment basically

involve those specific Administrative Rules. It

does look as if we're going to need to have

summarized we're going to need to have oral

argument, and we may need some more briefing on

the matter, but believe that the matter should

be concluded or it will be presented to the Board

at the December meeting.

CHAIRMAN SHROPSHIRE: Thank you. Any

questions from the Board on the contested cases?
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(No response)

CHAIRMAN SHROPSHIRE: All right. Moving

on to briefing items. The next item is the

Department will provide the Board with report

regarding the air quality permit fees.

MR. NORTH: Madam Chair, Chuck Homer

will give you that briefing.

MR. HOMER: Madam Chair, members of the

Board, thank you. My name is Chuck Homer. I'm

Program Manager with the Air Resources Management

Bureau for DEQ.

The Air Quality Rules require that the

Department report to the Board annually on the

status of the air quality fees. So I'11 just sort

of quickly go through these in summary manner

and if you have any follow-up questions or need

more detail, I'm certainly to willing to answer

any questions you have.

In fiscal year 2014, the Department

billed $3.6 million approximately for annual

operating fees; we collected an additional

$300,000 in various types of application fees; for

an overall collection of $3.9 million. Our

expenses during that time, Fiscal Year 2014, were

about $4.2 million. The difference there is
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funded by our fund balance, which is little over

$2.4 million, and that fund balance has been

accumulated over time primarily through keeping

positions vacant and trying to reduce

expenditures, and it is approximately around 50

percent of our annual fee appropriation.

Our collections are approximately 99 and

half percent of what we bill We get almost

everything we bill, so we're pretty good on that.

The annual billing is primarily based on

emissions, and then also numbers of sources. So

over the last say three years, the number of

sources that have been billed have increased about

100 sources per year, 100 new sources, primarily

new oil and gas facilities.

Emissions go up and down each year,

depending upon the economy, and production, and

changes in facilities, and new emission controls,

and so they went down by 5,000 tons from 2011 to

2012. 2014 fees were based on 2013 emissions. In

2013 they went up back to approximately the same

as in 2011.

Again, our collection rate is about the

same as it has always been, little over 99

percent. Later on I'll be discussing the
10

1| specifics of this year's fee rule proposal. But

our revenue and expense projections came up as we

had projected at the time of initiation of that

fee rule back in May.

So if any members of the Board have any

questions, I'll be happy to answer.

CHAIRMAN SHROPSHIRE: You said five

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tons?

MR. HOMER: Excuse me. There was

5,000 ton difference.

CHAIRMAN SHROPSHIRE: 5,000 tons of

what?

MR. HOMER: Of the total amount of

emissions that we bill for. So we bill for four

criteria pollutants: SO2, particulate, NOx, and

VOC's.

CHAIRMAN SHROPSHIRE: So those were all

lumped --

MR. HOMER: So that's the total amount

of all those emissions that are billed.

CHAIRMAN SHROPSHIRE: Anybody have

questions for Chuck?

(No response)

CHAIRMAN SHROPSHIRE: All right. Thanks

for the update.
11

Moving along here. The next item are

action items. The first item is In the Matter of

the Final Adoption of the Proposed Amendments to

ARM 17.8.501.

MR. NORTH: Madam Chair, this will be an

encore performance from Mr. Homer, believe.

MR. HOMER: Thank you, Madam Chair,

members of the Board. The Board initiated

rulemaking for the air quality fees in May. The

10 Department usually brings proposal to the Board

11 to set fee rate that collects sufficient revenue

12 to fund our appropriation.

13 This is the first year since 2009 that

14j we've come before the Board with fee change. We

15 didn't need change of the annual operating fee,

16 so this change was limited exclusively to

17! application fees. The Board held hearing in

18 July on the fees. There was only one comment, and

19 that was from the Department. Inadvertently one

20 of the existing application fees had been left

21 out, and so we propose that that be reinserted.

22 Because the notice had not indicated

23 that we intended to leave that out, so we proposed

24 it be reinstated at its current rate of $500, that

25j application fee for minor modifications at major
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sources.

So there was no other comments other

than that at the hearing.

CHAIRMAN SHROPSHIRE: Okay. Any

questions?

(No response)

CHAIRMAN SHROPSHIRE: Any public

comment?

(No response)

CHAIRMAN SHROPSHIRE: would entertain

motion to accept the Presiding Officer report

and the HB311 and 521 analyses, and adopt the

response to comment in the proposed rule

amendments with modifications as contained in the

attached notice of amendment. Do have motion?

MR. TWEETEN: This is Chris. I'll move

it.

CHAIRMAN SHROPSHIRE: It's been moved by

Chris.

MR. RUSSELL: This is Joe. Second.

CHAIRMAN SHROPSHIRE: Second by Joe.

Any further discussion?

(No response)

CHAIRMAN SHROPSHIRE: Hearing none, all

those in favor, signify by saying aye.
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(Response)

CHAIRMAN SHROPSHIRE: Opposed.

(No response)

CHAIRMAN SHROPSHIRE: Motion carries

unanimously.

The next item on the agenda is In the

Matter of Final Adoption of Proposed Amendments to

ARM 17.8.818, review of major stationary sources

and major modifications. Is that going to be Mr.

Homer?

MR. NORTH: No, Madam Chair, it is going

to be Eric Merchant.

MR. MERCHANT: Thank you, Madam Chair,

members of the Board. For the record, my name is

Eric Merchant, and I'm here representing the

Department requesting that the Board adopt

rulemaking to remove and modify certain major

source permitting program revisions.

This action was initiated before the

Board in May, and more specifically what we're

asking is that the Board remove significant impact

levels or SILs for fine particulate matter or

PM2.5 from Montana's major source permitting

program provisions, and also that the Board modify

the existing significant monitoring concentration
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or SMC rule for PM2.5 also contained in the major

source permitting program rules

Again, the proposed action was initiated

before the Board on May 30th. We conducted

public hearing on July 16th, 2014. The Department

received single comment related to the

Department's open burning program which was

outside of the scope of the current rulemaking

The purpose of this rulemaking is to

ensure that Montana's air quality rules are at

least as stringent as federal requirements, air

quality regulations, in order to maintain

Montana's major source permitting program primacy.

CHAIRMAN SHROPSHIRE: All right.

Thanks, Eric. Are there any questions from the

Board?

(No response)

CHAIRMAN SHROPSHIRE: had question,

but I'm not sure if I'm on the right item. There

was one item where basically the threshold for

PM2.5 was made zero; is that --

MR. MERCHANT: Yes. Madam Chair,

members of the Board, yes, that is the significant

monitoring concentration, which is provision

that allows applicants to demonstrate that
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preapplication monitoring is not required. So

there was threshold that was set at four

micrograms per cubic meter prior to this action

Federal Courts and the EPA revised that down to

level of zero, and so that effectively means that

there is no increase in particulate matter

contamination emissions that doesn't warrant

preapplication monitoring. There are ways around

that still. You can use existing monitoring in

the state, in that area, that type of thing.

So the tool to avoid preapplication

monitoring is not completely gone. However, the

threshold for that purpose has been changed to

zero

CHAIRMAN SHROPSHIRE: So my question was

in looking at it, it looked like -- It wasn't

clear what the significant figures were. And so

in terms of measuring zero, is it one significant

figure, or is it 0.00, and how do you know what

zero is?

MR. MERCHANT: Madam Chair, members of

the Board, I'm not prepared to answer that

question right now. As understand it, it was

set at zero, meaning any, but I'm not sure what

significant --
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CHAIRMAN SHROPSHIRE: Because depending

on how you measure it, you could get zero if your

accuracy is not very good; but if you use more

accurate method, it is greater than zero. So it

just occurred to me if, depending on the

methodology, you could get zero or you could get

something greater than zero, so --

MS. CANTY: Change your units.

MR. MERCHANT: Madam Chair, yes, in

certain circumstances there are situations where

0.4 is still zero, whereas 0.5 might be over. But

I'm not sure. don't have that question I'm

not ready to answer that question right now. We

can come back to the Board with that information

at later date, unless we have someone available

to answer that question.

MR. KLEMP: Madam Chair, members of the

Board, good morning. My name is David Klemp. I'm

the Bureau Chief of the Air Resources Management

Bureau. And think was here two minutes, so

the two minute rule is not in effect. think

can speak.

CHAIRMAN SHROPSHIRE: 2.5 minutes?

MR. KLEMP: That's very good question,

Madam Chair. How the significant monitoring
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concentration is used is that applicants will run

model to determine whether or not they need to

monitor; and models are very capable of predicting

values at pretty low thresholds. So Eric was

exactly right. If you were to model anything less

than 0.49, you would still be insignificant, and

may not be required to monitor at that point in

time. So it is very important that folks

understand that the threshold is set at zero, not

10 at 0.0 or 0.00.

11 CHAIRMAN SHROPSHIRE: Okay. Thank you.

12 MS. CANTY: have one more quick

13 question for you. So the zero, what are the units

14 for your zero?

15 CHAIRMAN SHROPSHIRE: think it's

16 micrograms.

17 MR. KLEMP: Madam Chair, yes, it's

18 micrograms per cubic liter.

19 CHAIRMAN SHROPSHIRE: Any other comments

20 or questions?

21 (No response)

22 CHAIRMAN SHROPSHIRE: Anybody from the

public wishing to comment?

24 (No response)

CHAIRMAN SHROPSHIRE: With that, would
18

entertain motion to accept the Presiding Officer

report and the HB311 and 521 analyses, and adopt

the response to comment, and the proposed rule

amendments with modification as contained in the

actually don't know that there was an

amendment. Sorry.

MR. NORTH: That's right.

CHAIRMAN SHROPSHIRE: So adopt the

response to comment --

10 MR. NORTH: -- and the proposed

11 amendments.

12 CHAIRMAN SHROPSHIRE: -- and the

13 proposed -- and the attached notice of amendments.

14 There isn't an attached. Is there an attached

15 notice of amendment?

16 MR. NORTH: There is an attached notice

17 of amendment, yes, and it has response to

18 comment, but then it doesn't propose any

19 additional modification, so it would guess be

20 with the amendments, or with the response to

21 comment in the attached notice of amendment, and

22 to adopt the proposed amendments as proposed

23 initially.

CHAIRMAN SHROPSHIRE: Let me try this

again. So I'll entertain motion to accept the
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Presiding Officer report, HB311 and 521 analyses,

and adopt the response to comment with the

modifications as contained in the attached notice

of amendment.

MS. CANTY: I'll move.

CHAIRMAN SHROPSHIRE: It's been moved by

Marietta. Do have second?

MR. RUSSELL: I'll second.

CHAIRMAN SHROPSHIRE: Seconded by Joe.

It's been moved by Marietta and seconded by Joe.

Any further discussion?

(No response)

CHAIRMAN SHROPSHIRE: Hearing none, all

those in favor, signify by saying aye.

(Response)

CHAIRMAN SHROPSHIRE: Opposed.

(No response)

CHAIRMAN SHROPSHIRE: All right. Motion

carries unanimously.

So the next item on the agenda are new

contested cases. Ben, are you going to update us

on that, or who is going to update us on the new

contested cases?

MR. NORTH: guess what would say

with regard to these is that these are new ones
20

that have come in since the Board's last meeting,

and really it is not appropriate to discuss the

merits of any of these, but it is really at this

point just for the Board to know that the

contested cases came in, and to decide whether or

not to appoint Hearing Officer.

CHAIRMAN SHROPSHIRE: So in the matter

of Phillips 66 Company's appeal of Outfall 006

arsenic limits in Montana Pollution Discharge

10 Elimination System permit, don't know if there

11 are any questions from the Board, or if there is

12 any discussion about whether or not we want to

13 appoint permanent Hearing Examiner, or hear the

14 matter ourselves. Any comments on that?

15 (No response)

16 CHAIRMAN SHROPSHIRE: So I'm going to

17 move forward, and entertain motion -- Ben, if

18 you're available to appoint Ben as the

19 permanent Hearing Examiner.

20 MR. REED: am. I've reviewed all

21 three of the appeals, and have them on my desk,

22 and will be available for all three.

23 CHAIRMAN SHROPSHIRE: Is there motion

24 to appoint Ben as the permanent Hearing Examiner?

25 MR. MIRES: This is Larry, and I'd so
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move

21

CHAIRMAN SHROPSHIRE: It's been moved by

Larry. is there second?

MS. CANTY: I'll second the motion.

CHAIRMAN SHROPSHIRE: It's been seconded

by Marietta. Any further discussion?

(No response)

CHAIRMAN SHROPSHIRE: All those in

favor, signify by saying aye.

(Response)

CHAIRMAN SHROPSHIRE: Opposed.

(No response)

CHAIRMAN SHROPSHIRE: Motion carries

unanimously.
-2457-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

In the matter of the amendment of ARM NOTICE OF AMENDMENT

17.8.818 and 17.8.820 pertaining to

review of major stationary sources and (AIR QUALITY)

major modifications-source applicability

and exemptions and source impact

analysis

TO: All Concerned Persons

1. On June 26, 2014, the Board of Environmental Review published MAR

Notice No. 17-361 regarding notice of public hearing on the proposed amendment

of the above-stated rules at page 1327, 2014 Montana Administrative Register,

Issue Number 12.

2. The board has amended the rules exactly as proposed.

3. The following comment was received and appears with the board's

response:

COMMENT NO. 1: Commenter believes open burning is significant

contributor of particulate matter pollution in Ravalli County and would like more

extensive open burning regulation by the Department of Environmental Quality.

RESPONSE: The comment concerns matters beyond the scope of this

rulemaking. No change is being made to the rules in response to this comment.

4. No other comments or testimony were received.

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW

/s/John F. North By: /s/Robin Shropshire

JOHN F. NORTH ROBIN SHROPSHIRE

Rule Reviewer Chairman

Certified to the Secretary of State, September 29, 2014.

19-10/9/14 Montana Administrative Register
Final Notice of Rulemaking

Effective

October 10, 2014

Purpose

Notice of Amendment (Air Quality Review of Major Stationary

Sources and Major Modifications—Source Applicability and

Exemptions and Source Impact Analvsis MAR Notice No. 17-361)

October 10, 2014 Notice of Amendment (Air Quality Definitions and Air Quality

Permit Application Fees MAR Notice No. 17-360)
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY

NOTICE FOR PUBLIC HEARING

1) The Department of Environmental Quality is inviting public comment on the

submission of administrative rules into the Montana State Implementation Plan

(SIP).

2) The air quality rules proposed to be submitted are Administrative Rules of

Montana (ARM) 17.8.818(7)(a)(iii) and ARM 17.8.820(2) regarding the revision of

Significant Monitoring Concentration (SMC) for particulate matter having

diameter of less than or equal to 2.5 micrograms (PM-2.5) and the removal of the

PM-2.5 Significant Impact Level (SIL). This SIP submittal supersedes and

replaces these aspects of the August 21, 2012, SIP submittal titled "Provisions

for Major Source Permitting Regarding the Emissions of Fine Particulate Matter

(PM-2.5)". The Montana Board of Environmental Review adopted this change on

September 26, 2014 as set forth in MAR Notice No. 17-361, and the change

became state-effective on October 10, 2014.

3) The Department will be accepting public comment regarding the proposal to

include this rule into the SIP.

4) Any person may request public hearing on this matter. If the Department

receives request for public hearing, public hearing on this matter will be

scheduled and the time for that hearing will be announced. Additionally, another

30 day time period for submitting comment will begin.

5) Interested persons may view the rules on the Department's website at:

http://deq.mt.gov/pubcom.mcpx or may call the Department at 406-444-9741 to

have copies made available for their inspection.

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

disability that may interfere with person's ability to participate in state

government proceedings. Persons requiring accommodation need to contact Lisa

Peterson concerning the nature of the accommodation. Please contact Lisa at

P.O. Box 200901, Helena, Montana 59620-0901; phone 406-444-2929; fax 406-

444-1499; or email lpeterson(5)mt.qov.

7) Interested parties may submit their comments concerning the proposal

described above in writing to the Department by

addressing them to Liz Ulrich;

faxing them to 406-444-1499; or

sending them via email addressed to eulrich2(5>mt.qov

To be guaranteed consideration, written comments must be postmarked on or

before p.m. on Friday, November 14, 2014.
Barta, Oline

From:

Sent:

To:

Subject:

Barta, Oline

Tuesday, October 14, 2014 11:44 AM

Ben Schmidt; 'Don Potts'; 'Don Powers'; 'Erik Suffridge'; J. Jahnke; Jim Carlson; Lea

Guthrie; 'Lori Bocchino'; 'Mike Ellitt'; 'Mike Philbin'; 'Mikel Siemens'; Paul Riley; 'R.

Daniel'; Sesso, Jon; 'Stephen T. Smith'; 'Tim Roark'; 'William Rogers'

FW: DEQ Air Resources Request for Public Comment

DATE: October 14, 2014

TO: Air Quality Interested Parties

FROM: MT-DEQ Air Resources Management Bureau

RE: Request for public comment on State Implementation Plan (SIP) submittal of amended

Administrative Rules of Montana (ARM) 17.8.818 and 17.8.820.

This is notice and request for public comment on the submittal of Administrative Rules of Montana

(ARM) 17.8.818(7)(a)(iii) and 17.8.820(2) to the Environmental Protection Agency for inclusion in the

Montana SIP. The Board of Environmental Review amended the subject rule on September 26, 2014.

Interested parties may view the notice and additional information at the Department's website

http://deq.mt.gov/pubcom.mcpx or may call the Department at 406-444-9741 to have copies made

available for their inspection.

If you received this notice Friday, please note that the comment deadline date has been extended.
Barta, Oline

Contact Group Name: Interested Parties not on Lyris

Members:

Ben Schmidt

Don Potts

Don Powers

Erik Suffridge

J. Jahnke

Jim Carlson

John Sesso

Lea Guthrie

Lori Bocchino

Mike Ellitt

Mike Philbin

Mikel Siemens

Paul Riley

R. Daniel

Sarah Coefield

Stephen T. Smith

Tim Roark

William Rogers

bschmidt@co.missoula.mt.us

don.potts@cfc.umt.edu

dpowers@bsb.mt.gov

erik.suffridge@mt.usda.gov

jjahnke@co.missoula.mt.us

jcarlson@co.missoula.mt.us

jsesso bsb. mt.gov

lguthrie@rc.mt.gov

lbocch@wyo.gov

plessie.ellitt@usmc.mil

Mike_Philbin@blm.gov

mikel@rlkhydro.com

priley@bsb.mt.gov

rdaniel@rc.mt.gov

scoefield@co.missoula.mt.us

stephentsmith@earthlink.net

Tim.Roark@gallatin.mt.gov

william.rogers@deq.idaho.gov
Email Address

Air Interested Parties Lyris List

October 14, 2014

Name

2horses@nemontel.net

4064907952 @vtext.com

5friendlyfish@bresnan.net

Abbie.Krebsbach@mdu.com

abranzspall@mt.gov

aclark27@bloomberg.net

acnay21@gmail.com

adam.poll@tetratech.com

afanderson@fs.fed.us

ahedges@meic.org

ahenolson@trinityconsultants.com

Albertewinters@icloud.com

alexanderrr@cdm.com

alimurray@q.com

altmannscott@yahoo.com

alyssa.herbst@bsd7.org

andrea.perez@hexion.com

andy.schell@stantec.com

anita.jbates@nemont.net

annabo rge@ryder.com

anthonycalvert01@yahoo.com

antoine.paul33@gmail.com

arakow@rdoequipment.com

artr@aes4home.com

astecpermits@gmail.com

aussie_northcott@hotmail.com

bacttracking@bdlaw.com

bayxie@aol.com

bbeaudry@trinityconsultants.com

beamman6056@msn.com

benjamin.recker@tetratech.com

berrysoup@yahoo.com

bettylu@blackfoot.net

bhabeck@mt.gov

bholland@crowleylaw.com

big49sky@yahoo.com

bigsky4ever@bresnan.net

bigskycountrypreschool_mt@live.com

bjohnson@summite.com

blaise.leblanc@hotmail.com

blakecrk@gmail.com

Blazewoodtj@gmail.com

bmgorm@bresnan.net

bml@stateside.com

bnorberg@co.lewis-clark.mt.us

Debbie Madison

Nick

Jack Pamela Emard

Abbie Krebsbach

Angela Branz-Spall

Aaron Clark

Andrew

Adam Poll

Anna Anderson

Anne Hedges

Anna Henolson

Albert

Bob Alexander

Ali

Scott

Alyssa

Andrea

Andrew Schell

Anita Bates

anna

tony

antoine paul

Alan Rakow

art ratcliffe

Catherine

robert

Alex Mesmer

eddy

Beth Beaudry

Anderson

Ben Recker

bonita

Jim Young

Bob Habeck

B. Holland

Robert Burtch

Henry Banuelos Sr

Annie Ballesteros

Bruce Johnson

Blaise Leblanc

Krista Evans

Theresa Blazicevich

bev Gormley

Becky Lukaesko

Beth Norberg
bob.vantuyl@ashgrove.com

brad.korpi@kochind.com

bradr@samson.com

brandyjeepgirl@aol.com

bret@bison-eng.com

brian.mchugh@tetratech.com

brianna@clarkfork.org

brinda@serafinatechnical.com

Brittanys07@yahoo.com

Brittermvm@hotmail.com

brogers@newfield.com

Bruce.Krepley@naes.com

bschmidt@co.missoula.mt.us

bschmidt@energycorporationofamerica

bsoamj@3rivers.net

BSquires@nicnd.com

Bstevenson@rosipower.com

btreis@co.cascade.mt.us

bulldog.aw47@gmail.com

burns.betsy@epa.gov

bvaughn@montana.com

c2nites2000@yahoo.com

calvin.e.kidney@wellsfargo.com

carkell@stillwater.mt.gov

cartoonsmart@mac.com

cathyl@bkbh.com

Cathyweeden@gmail.com

cbengtson@belgradeschools.com

cboe@mt.gov

cclawson@yahoo.com

cefarms@tetonwireless.net

cflanders@nobleenergyinc.com

chalbert@landauinc.com

chenine.wozniak@ch2m.com

chomer@mt.gov

chowchowizclee@hotmail.com

Christensonkara@gmail.com

chuck@netentrust.com

chuckp@cskt.org

cindy_buschman@mccormick.com

cindymed@hotmail.com

clark.sny@riverstonehealth.org

claseur@plainsjustice.org

clcolclasure@hollandhart.com

cmhd@midrivers.com

cmrcd@midrivers.com

cnuno@billingsclinic.org

Air Interested Parties Lyris List

October 14, 2014

BobVantuyl

Brad Korpi Koch Ag.

Brad Rogers

brandy orsburn

BretGallo

Brian McHugh

Brianna Randall

Brinda Ramanathan

Brittany steinbrook

Britney Moen

Brad Rogers

Bruce Krepley

Ben Schmidt

com Brian Schmidt

Mary Jane McGarity

Bruce Squires

Bruce Stevenson YELP

Bruce Treis

Alfred Whiite

Betsy Burns

Barbara Vaughn

Kermit Snow

Calvin Kidney

Carol Arkell

Buddy Rogers

Cathy Laughner

Catherine Weeden

Connie Bengtson

Chris Boe

cheryl

Chad Dohney

Catherine Flanders

ChipHalbert

Chenine Wozniak

Charles Homer

Chelsea Lee

Kara HEITKE

chuck

Chuck Page

Cindy Buschman

Cindy

Clark Snyder

Carrie La Seur

Chris Colclasure

Mike Rinaldi

Monty L. Sealey

Crystal Nuno
coate.carson@epa.gov

coolnickjr@hotmail.com

corey_meier@blm.gov

Corie.downey@gmail.com

coupscounter@yahoo.com

courtney.taylor@aecom.com

cpowell@ltenv.com

cranecreationsl@yahoo.com

crose@3rivers.net

csaeger@mt.gov

ctaft@co.bighorn.mt.us

d.keane@bresnan.net

dallasmt@msn.com

dan.corti@mso.umt.edu

Daniellelmsw@me.com

danny.haw@riverstonehealth.org

darrell.soyars@avistacorp.com

dave.bumett99@hotmail.com

Dave.Enos@teck.com

dave@rckymtn.com

daveb@bison-eng.com

daveduttonfraser@yahoo.com

davew@kirkwoodcompanies.com

david_long@eogresources.com

dblank@ncpa.org

dbusby@montanarefining.com

dcquickdraw@gmail.com

ddiscovery@centurytel.net

debbies_design@yahoo.com

deborah.perry@oneok.com

derek.nelson@sierraclub.org

desmoinesnancy@yahoo.com

detroit03mm@yahoo.com

dhart@cleanair.com

dhrubes@midrivers.com

dia@kboz.com

diannalin@msn.com

djohnsonhorne@barrick.com

dlambrecht@jbrenv.com

dlorenzen@bresnan.net

dmunson@mt.gov

dmyers@mt.gov

dnunn@fs.fed.us

Dobrahner.Jaslyn@epa.gov

donald.may@tetratech.com

donettaal@hotmail.com

dpavuk@crowleylaw.com

Air Interested Parties Lyris List

October 14, 2014

Carson Coate

randy lahey

Corey Meier

Corie

David saylor

Courtney Taylor

Chad Powell

Julia Crane

Corrine Rose

Chris Saeger

Craig Taft

Senator Keane

Jeff Hanson

Dan Corti

Danielle Trimarco

Danny Hawbaker

Darrell Soyars

dave burnett

Dave Enos Teck America Inc.

David LoBach

David Blankenship

dave

Dave

David Long

Danielle Blank

Dexter Busby

Devin Cowan

Collette Box

Debra Vetter

Deborah Perry

Derek Nelson

Nancy Adkins

Mike

Dean Hart

David Hrubes

Dia Johnson

Dianna Lintner

Deborah Johnson-Home

David Lambrecht

Diane Lorenzen

Darren Munson

Diane Myers

David Nunn

Jaslyn Dobrahner

Don May

Donetta

D. Pavuk
dshonerd@multistate.com

dsimonson@mt.gov

dskibicki@bison-eng.com

dsoehren@bresnan.net

dtabish@flatheadbeacon.com

dteske@mt.gov

dugiejm@hotmail.com

dujohnson@mt.gov

dustin_northem@omimexgroup.com

dvanhyningl@msn.com

DVizzolini@collisionsync.com

dwalsh@mt.gov

ed@mt.net

edmadler@hotmail.com

edward.hookl@montana.edu

eemc@bresnan.net

ehbdl939@yahoo.com

eisele.adam@epa.gov

elbrunner@gmail.com

eleigh@libby.org

emcrae@fageninc.com

emerchant@mt.gov

emilieboyles@yahoo.com

eric.detmer@cldpk.com

eric.farstad@redhorsecorp.com

eric.waeckerlin@dgslaw.com

ericb@rfpco.com

esa@platts.com

eulrich2@mt.gov

expedite.maynard@yahoo.com

extremehealthyliving@hotmail.com

fcrowley@doneylaw.com

firewmmom@aol.com

fisherm@ftsd.org

fotto@ups.com

fpreskar@co.lewis-dark.mt.us

frank@shumaker.psemail.com

gailaconsulting@msn.com

gallagher.bob@epa.gov

gcm@sierraresearch.com

geraldschlosser@benefis.org

gfox@alliedengineering.com

gkubesh@midrivers.com

gpeakl@gmail.com

Greg.brown@chsinc.com

greg@isrcapital.com

gregahildebrand@gmail.com

Air Interested Parties Lyris List

October 14, 2014

David Shonerd

Dave Simonson

Debbie Skibicki

Doug Soehren

Dillon Tabish

Dee

Jeff

Dusti

Dustin Northen

Dyrck Van Hyning

Dana Vizzolini

Dan Walsh

Ed Santos

Edward Madler-APCAC

ej hook

Dave Wang

Marcia Malchuski

Adam Eisele

Erica Brunner

Erik Leigh

Edward McRae

Eric Merchant

emilie boyles

Eric Detmer

Eric Farstad

Eric Waeckerlin

Eric Bomhorst

Esa

Liz Ulrich

Robin Maynard

Joyan

Frank Crowley

lucyle

fisher

Friedhelm Otto

Frank Preskar

frank

Gail Abercrombie

Bob Gallagher

Gabe McAuliffe

Gerald Schlosser

Gary Fox

Grant Kubesh

Lee

Greg Brown

greg

greg hildebrand
grodway@bison-eng.com

guy@axmen.com

hbedbury@montanarefining.com

hbruner@mt.gov

hector.ybanez@holcim.com

HEIDI.TANG@tmf-group.com

hestmark.martin@epa.gov

hhsgreengroup@gmail.com

hkaiser@hydrometrics.com

hpeterson@mtech.edu

hrash@mt.gov

hrobbins@bison-eng.com

hstiff@belgrade-news.com

hthigpen@mt.gov

info@kakuk.com

info@lion.com

info@northernplains.org

info@starlineunlimited.com

Jackie.Flikkema@Kniferiver.com

jackross@nemontel.net

Jagadeesan.Sethuraman@whiting.com

jakenny@mt.gov

jamie@appliedwater.net

jamiew@slservices.net

jason.boeckel@northwestern.com

jason.lyons@oneok.com

javid@mod2.com

jaylat@bigsky.net

jcarlin@mt.gov

jcarlson@co.missoula.mt.us

jcarlson@glacierbancorp.com

jchaffee@bison-eng.com

jchristopher@slrconsulting.com

jdauner@compliance-partners.com

jdavis59859@yahoo.com

jdawson@swca.com

jdunbar60@gmail.com

jean.semborski@conocophillips.com

jeannehallesy@yahoo.com

jeff.briggs@ashgrove.com

jeff@ajaxcomputernetworking.com

Jenna_k_02@hotmail.com

jennifer.cinq-mars@ang.af.mil

jennifergoldman@ogap.org

jenny.omara@westonsolutions.com

JeremyFlesch@yahoo.com

jerry.dismukes@whiting.com

Air Interested Parties Lyris List

October 14, 2014

Grant Rodway

guy hanson

Hadley Bedbury

Heidy Bruner

Hector Ybanez

HEIDI TANG

Martin Hestmark

HHS Green Group

Heidi Kaiser

Holly Peterson

Hoby Rash

Hal Robbins

hannah

Helen Thigpen

Michael Kakuk

Lion Technologies

Northern Plains Resource Council

STARLINEUNLIMITED

Jackie Flikkema

Jack Ross

Jagadeesan Sethuraman

Jake Kenny

Jamie

Jamie Whiteman

Jason Boeckel

Jason Lyons

Javid Nia

Joyce

Jim Carlin

Jim Carlson

Jen Carlson

JeffChaffee

Jamie Christopher

Joe Dauner

Joe

Jim Dawson

jean dunbar

Jean Semborski

Jeanne

Jeff Briggs

Jeff

Jenna Loring

Jen

Jennifer Goldman

Jenny O'Mara

Jeremy Flesch

Jerry Dismukes
jespvl@gmail.com

jfdowns@babcock.com

jfirehammer@mrss.com

jford2@mt.gov

Jiakun.Zhang@stjude.org

jilesejibril@yahoo.com

jill.linn@wbip.com

jjahnke@co.missoula.mt.us

jmalone@aquionix.com

JMBIanco@marathonpetroleum.com

jmerkel@mt.gov

jmherbenson@msn.com

jmparker@pplweb.com

jnrice@q.com

joanna_547@hotmail.com

jodyf@anacondaheadstart.org

Joe@shumaker.psemail.com

John@SenatorJohn.net

john_lei@ibew.org

john_mcmichael@xtoenergy.com

jon.madison@mdu.com

jonnysanty@gmail.com

Joseph.Gustafson@p66.com

joseph.w.lierow@exxonmobil.com

josephfdepaz@yahoo.com

joshua.jua@riverstonehealth.org

jplant@co.lewis-clark.mt.us

jpodolinsky@mt.gov

jpowell@step2compliance.com

jrc@flatheadmemo.com

jrossow@bepc.com

jrussell@flathead.mt.gov

jschmid@imt.net

jscott@cherrycreekradio.com

jskoog@rmsmanagement.com

jugorowski@mt.gov

juliusyu86@gmail.com

jwalsh@wayzpartners.com

Kalle.Kuether@mdu.com

Kat@brfcf.org

kathysmit@live.com

kaylamariegrimes@hotmail.com

Kchase@bresnan.net

kd7zlu@gmail.com

kdavid@flathead.mt.gov

keertiman.5820.sarangi@gmail.com

kenre@comcast.net

Air Interested Parties Lyris List

October 14, 2014

Jes

John Downs

John

McCloud (Joe) Ford

Jiakun Zhang

Jilese

Jill Linn

JosyJahnke

Jacki Malone

Julius Blanco

Julie Merkel

Jerry Herbenson

Jim Parker

Norine Rice

joanna

Jody

Joe Aline

John Brueggman

John Lei APCAC

John McMichael

Jon madison

Jonny Santy

Joseph Gustafson

Joe Lierow

Joseph F. de Paz

Joshua

Jay Plant

John Podolinsky

Jill Powell

James Conner

Josh Rossow

Joe Russell

Jim Schmid

Jay Scott

Jay Skoog

Joe Ugorowski

John Walsh

Kalle Kuether

Kat Quinn

Kathy Smit

Kayla Grimes

K. Chase

John

Kelly David

keertiman sarangi

Kenneth Reeves
kgillespie@pioneer-technical.com

khooper@libby.org

kim.a.olsen@p66.com

Kirby_campbell-rierson@baucus.senate

kirsty_gilmour@hotmail.com

kkennett22@gmail.com

klind@libby.org

klricord@yahoo.com

kmoore@co.lewis-clark.mt.us

korr@mt.gov

krandall@fvcc.edu

ksolberg@anacondadeerlodge.mt.gov

ktooke@enerplus.com

kwalsh@enviroconsult.com

lanakay@live.com

larry@montanasulphur.com

Laura.Ackermann@cldpk.com

lbenitz@frontiernet.net

lclark@fs.fed.us

leah.bennett@rocketmail.com

leahbernstein@hotmail.com

lee@prrlaw.com

lepodal@yahoo.com

Leslie.Holtz@va.gov

lhendley@co.lewis-dark.mt.us

linda@livingcenter.com

lindsay.spurlock@imerys.com

lisasandoval@clr.com

lkambham@trinityconsultants.com

lloken@wpcnd.com

lmoody@all-llc.com

lmoral@trinityconsultants.com

lnguyen@trinityconsultants.com

lolson@trihydro.com

lonnie.fallin@jacobs.com

Loraderm@gmail.com

losborn@fs.fed.us

lpeterson@mt.gov

lradonich@mt.gov

lstuder@stmaryland.com

Lukeduane@gmail.com

lweeks@nemont.net

lzanto@mt.gov

macka_maka@hotmail.com

macwilly66@msn.com

MaineBear26@yahoo.com

marcellama@cskt.org

Air Interested Parties Lyris List

October 14, 2014

Karen Gillespie

Kathy Hooper

gov Kirby Campbell

Kirsty Gilmour

kerry

Kendra Lind

kl

Kathy Moore

Katherine Orr

Katie Randall

Karen Solberg

Kirsti Tooke

Kevin Walsh

alana

Larry Zink

Laura Ackermann

Louise Benitz

Lori Clark

Leah Bennett

leah bemstein

Lee Bruner

Debbie Lepo

Leslie Holtz

Hendley

The Livingcenter

Lindsay Spurlock

Lisa Sandoval

Latha kambham

Lance Loken

Lee Moody

Lani Moral

Linda Nguyen

Lynn Olson

Lonnie Fallin

Lora Behlmer

Lisa Osborn

Lisa Peterson

Lynnette Radonich

luke

Luke

Linda Weeks

Lynn Zanto

robert

Representative McChesney

Barry

Marcella Mahseelah
mardavscott@gmail.com

Margaret.Zebley@aecom.com

margaret@montanasulphur.com

marilyn.tap@riverstonehealth.org

mark.lin@gmail.com

markschaffer57@hotmail.com

mary.blei@chsinc.com

marygail.sullivan@northwestern.com

marykay@eracrc.com

maureneh@msn.com

Mayre@flatheadcitizens.org

mbasta@greatfallsmt.net

mbayne@abraxaslusk.com

mbrown@ap.org

mcferrins@mt.net

mglenn@slawsoncompanies.com

Mhicks6888@gmail.com

mhillman@trinityconsultants.com

michelle.rossow@live.com

Mike.Barnes@northwestern.com

mike.simpson2009@gmail.com

miosh_com@yahoo.com

Mitchell.Leu@plumcreek.com

mlct@mt.net

montanabobcat@gmail.com

mpa@montanapetroleum.org

mpontiff@newfield.com

mraile@montanarefining.com

mrlambrecht@pplweb.com

msanchez@samson.com

msbjkl@comcast.net

msimonich@helenahar.com

msthompson@barrick.com

mtaudubon@mtaudubon.org

munciel929@itstriangle.com

mwignot@hydrometrics.com

natalie@northemplains.org

ncobble@bresnan.net

nczarnecki@lowhamwalsh.com

nicholas.hobbs@hussfilters.com

nickgeranios4317@msn.com

ninadgrey@gmail.com

njohnson@helena.kl2.mt.us

Npitblado@gmail.com

ntownsend2@mt.gov

nturnbull2@gmail.com

obarta@mt.gov

Air Interested Parties Lyris List

October 14, 2014

Margaret Scott

Margaret Zebley

Margaret

Marilyn Tapia

Mark

mark schaffer

Mary Blel

Mary Gail Sullivan

Mary Kay Van Haele

Maurene

Mayre Flowers

Martin Basta

Marc Bayne

Matt Brown

Felecity McFerrins

Matthew Glenn

hicks

Melissa Hillman

Michelle Rossow

Mike Barnes

Mike Simpson

Ken Liston

Mitchell Leu

Alec Hansen

Bob

Dave Gait

Mike Pontiff

Mike Raile

Mark Lambrecht

Matthew Sanchez

Barbara Kubesh

Mark Simonich

Mark Thompson

Montana Audubon

Muncie Morger

Michael Wignot

Natalie Snyders

Nancy Cobble

Nick Czarnecki

Nick

Geranios Enterprises Inc

Nina Grey

Nikki Johnson

Nancy Pitblado

Nathan Townsend

NeilTumbull

Oline Barta
omar_232@cOde.net

owen.weber@umontana.edu

parker-christensen.victoria@epa.gov

parkside@bigsky.net

Pat.kimmet@chsinc.com

patricia.j.sebella@gmail.com

patty@johnsonlanematerials.com

paul.a.caruana@gov.mt

pauldsherrpc@yahoo.com

pbik@mt.gov

pcollins@crowleylaw.com

Pharmacy@shawn.net

phippsangela@stanleygroup.com

pjsimonich@pplweb.com

pkukay@hotmail.com

pmckenzie@stoltzelumber.com

Pschaefer@mt.gov

ptstrand@gmail.com

quasarn4@yahoo.com

ralph.a.tanner.civ@mail.mil

randall.j.richert@p66.com

RBellCopeland@mt.gov

rdriear@centurytel.net

rdrudick@q.com

rebecca@bison-eng.com

rebecca@northernplains.org

reed.j.marton@p66.com

reevanoppen@gmail.com

regencydeb@gmail.com

rfink@co.carbon.mt.us

rgilson@H2Eincorporated.com

rgorka@slawsoncompanies.com

rharbage@mt.gov

richardsburnett@yahoo.com

rick.jesse@hug-filtersystems.com

Rick.matar@wpxenergy.com

rkenyon@cgrs.com

rmalone@qrinc.com

robert.richards.12@us.af.mil

robertkjeffrey@msn.com

ron.hyatte@imerys.com

ron@windchasersllc.com

ross.whelchel@northwestern.com

rr@hayfam.com

rucrossley@hotmail.com

Runningelkcliff@aol.com

ruthjensen@transcanada.com

Air Interested Parties Lyris List

October 14, 2014

Smith

Owen Weber

Victoria Parker-Christensen

Jennifer Swearingen

Pat Kimmet

PSebella

Patty

Paul

Patricia Blk

P. Collins

BigDickLorrain

Angela Phipps

Pete Simonich

PaulKukay

Paul R. McKenzie

Peter Schaefer

Peter

Tara

Randall Richert

Robin Bell-Copeland

Ralph Driear

Rod Drudick

Rebecca

Rebecca Fischer

Reed J. Marton

Deb Niedermeyer

Rodney Fink

Robert Gilson

Ray Gorka

Rebecca Harbage

richard burnett

Rick Jesse

Rick Matar

Randy Kenyon

Rodney Malone

Robert Richards

Bob Jeffrey

Ron Hyatte

Ron Cooper

Ross Whelchel

C.E.Robertson

Rachel Crossley

Running Elk

Ruth Jensen
RWeimer@stillwatermining.com

sabrina rojas@hotmail.com

sabskb@gmail.com

sandra_hemandez@omimexgroup.com

sandy.burns@imerys.com

sbassett@blm.gov

sbombard@natlforests.org

sbrown@aquionix.com

scoe@mt.gov

scoefield@co.missoula.mt.us

scottw@hydrosi.com

Sen.JFielder@legmt.gov

shaneb@hydrosi.com

Shannon.morgan@rosi-boise.com

sharikayz@yahoo.com

sharon.deboer53@gmail.com

sharonpc@pcairnoise.com

sherry.bursey@anadarko.com

shiqita@hotmail.com

shsullivan@westernsugar.com

sjohnson@co.cascade.mt.us

sjuers@mt.gov

smason@hydrometrics.com

smullins@industrialinfo.com

snowakowski@mt.gov

sobrien@oasisemission.com

SsteinbrookOO@gmail.com

stellaholt@live.com

stevew@bkbh.com

suetaylorl20@gmail.com

susanalise@cox.net

swilliams@sglong.com

swright@cfaluminum.com

szehntner@mt.gov

tammyjohnson@environomicsusa.com

tashiajadelove@gmail.com

taylor@theoutlawpartners.com

tbrownl937@bresnan.net

tdzomba@fs.fed.us

terr.mavencamp@bluemarblebio.com

tetonskier2@gmail.com

teverts@mt.gov

themontanapost@gmail.com

thomas.damiana@aecom.com

tinamariekb4@aol.com

tiphlmiller@yahoo.com

tjewett@NPCA.ORG

Air Interested Parties Lyris List

October 14, 2014

Randy Weimer

Sabrina

Scott and Sheree Bombard

Sandra Hernandez

Sandy Burns

Susan Bassett

Sheree Bombard

Sean Brown

Stephen Coe

Sara Coefield

Scott Wheaton

Senator Jennifer Fielder

Shane Bofto

Owen Orndorff-YELP

Shari Kay

Sharon DeBoer

Sharon Paul Carpenter

Sherry

tatiana

Shawn Sullivan

Sandy Johnson

Shawn Juers

Scott Mason

Shane Mullins

Sonja Nowakowski

Shawna O'Brien

Steven steinbrook

Stella

Steve Wade

sue taylor

Susan

sue Williams

Steve Wright

Steve Zehntner

Tammy Johnson

Tashia Love

Taylor Anderson

thomas brown

Thomas Dzomba

Terri Mavencamp

Lisa

Todd Everts

Blake de Pastino

Tom Damiana

Tina

Tiphanie Keefe

Tony Jewett

10
tjlkmd@gmail.com

tjohnson@montanamining.org

tkircher@stillwatermining.com

tmerrill@aquionix.com

todd.mortag@ang.af.mil

todg@cordite.com

tomdavis@wispwest.net

townofalberton@blackfoot.net

tracie.e.norman@gmail.com

traciebuhl@fs.fed.us

trentb@townpump.com

twidboom@barr.com

videtich.callie@epa.gov

vmarquis@crowleyfleck.com

wa8tn2win@hotmail.com

walkers@ci.billings.mt.us

Wendy_LAM@nyp.gov.sg

william.thompson@northwestern.com

wjacobs@flathead.mt.gov

wjbowden3@hotmail.com

wjurenic@mt.gov

wlneumiller@pplweb.com

woodwardjj@cdm.com

woohayes@yahoo.com

wwmercer@hollandhart.com

yhwu@ccny.cuny.edu

zoombee96@gmail.com

Air Interested Parties Lyris List

October 14, 2014

Kathy Drudick

Tammy Johnson

Tom Kircher

Teresa Merrill

Todd E. Mortag

Tod Glenn

T. Davis

Diane Jodsaas

Tracie Norman

Tracie

Trent Biggers

Tony Widboom

Callie Videtich

Vicki Marquis

Dawn tobin

Scott Walker

Bill Thompson

Wendee Jacobs

Bowden

Whitney Jurenic

Bill Neumiller

Jesse Woodward

John Schieffelbein

bill mercer

Yonghua WU

Emma

11
Public Comment Periods

By Subject or Program:

Air Quality Permits

Draft TMDL Reports

Major Facility Siting (MFS)

Water Quality Discharge Permits

Nutrient Management Plans

Coal and Uranium Program

The documents listed in the links above may not be included in the list below.

Download Acrobat Reader to view the pdf documents.

Site/Subject

2013 Exception Events Public

Notice

2013 Historical Graphs

2013 Archived Wildfire

Documentation

2012 Exceptional Events

Public Notice

2012 Historical Graphs

2012 Archived Wildfire

Documentation

Public Notice of Submittal of

Amended Administrative

Rules of Montana 17.8.818

and 17.8.820 for Inclusion in

the Montana SIP

MAR Notice of Amendment

MAR Notice of Public

Hearing on Proposed

Amendment

Comment

Period Ends

November 14,

2014 by 5:00 p.m.

November 14,

2014 by 5:00 p.m.

November 14,

2014 by 5:00 p.m.

Document Location

Montana Department

of Environmental

Quality

Metcalf Building

1520 E. 6th Ave.

Helena, MT 59620

Montana Department

of Environmental

Quality

Metcalf Building

1520 E. 6th Ave.

Helena, MT 59620

Montana Department

of Environmental

Quality

Metcalf Building

1520 E. 6th Ave.

Helena, MT 59620

Send Comments

To

Comments can be

sent to:

Kristen Martin

MT-DEQ/ARMB

(406) 444-0283

Comments can be

sent to:

Kristen Martin

MT-DEQ/ARMB

(406) 444-0283

Comments can be

sent to:

Liz Ulrich

MT-DEQ/ARMB

(406)444-9741
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CHANGES IN THE STATE IMPLEMENTATION PLAN