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# ENVl[RONMEN1ALQlUAUTY Brian Schweitzer, Governor

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • www.deq.mt.gov December22, 2009

Callie Videtich Air Program Director U.S. Environmental Protection Agency, Region 8 1595Wynkoop St Denver, CO 80202-1129
DearCallie:
The Montana Department of Environmental Quality is submitting this letterand attachment in response to recently identified deficiencies in Montana's November28, 2007, certification ofState Implementation Plan (SIP) compliance with the requirements ofSection 110(a)(1) and (2) ofthe Clean AirAct (CAA) forthe 1997 8-hour National AmbientAir Quality Standards (NAAQS) for ozone. Montana has a well-developed regulatory program that meetsthe "infrastructure" elementsfor SIPs as outlined in CAA Section 11O(a) for all NAAQS. With regard specifically tothe 8-hourozone NAAQS all 56 Montana counties are currently in attainment orare considered unclassifiable.
The attached document supplementsthe November28,2007, submittal and outlines the Montana provisions, programs, and efforts to meetthe requirements ofCAA Section 110(a)(1) and (2). This document is not intended to modify oramend any portion or provision of Montana's SIP.
Pleasefeel free to contact me bytelephone at (406) 444-0286 or by email at dklemp@mt.govwith any questions orfurther clarification regarding the Department's determin 'on on this issue.

DavidL. Klemp Bureau Chief Air Resources Management Bureau

Enclosure: (1) cc: Monica Morales, Unit Chief, U.S. EPA Region 8Air Quality Planning Unit Kathy Dolan, U.S. EPA Region 8 Air Quality Planning Unit

EnforcementDivision • Permitting & ComplianceDivision • Planning, Prevention & Assistance Division • Remediation DivisionSTATE OF MONTANA 1997 8-HOUR OZONE NAAQS CERTIFICATION
Pursuantto the requirements ofthe Federal Clean AirAct (CAA), Montana declares that its State Implementation Plan (SIP) meets the requirements of42 USC 7410(a)(1)(D)(i).
42 USC 7410(a)(1) provides that each State must submit a plan "which provides for implementation, maintenance, and enforcementofsuch [primary and secondary] standard in each air quality control region (or portion thereof) within such State."
42 USC 7410(a)(2) generally requires plans to include enforceable emission limitations and other control measures, as setforth in more detail in this section, as may be necessaryto attain and maintain the standards. Montana currently has no ozone nonattainment areas and no specific nonattainment area control plans with respectto ozone. Thefollowing demonstrates Montana's satisfaction ofthe requirements ofsection 11O(a)(1) and (2) forthe protection ofthe NationalAmbientAir Quality Standard (NAAQS) for ozone:



### Emission Limits and OtherControl Measures [42 

### usc 7410 (a)(2)(A)] Enforceable control measures existto protectthe ozone NAAQS throughoutthe state. Montana implements a stationary source permit program which requires subject sources to demonstrate emissions will not cause or contribute to aviolation ofany NAAQS. ARM 17.8.749. Subject sources are further required to utilize best available control technology (BACT) when installing emission controls. ARM 17.8.752. Montana also regulates open burning and subjects those conducting open burning to BACT requirements as well. Title 17, Chapter 8, subchapter 6. Exceptfor specific control measures adopted in BER orders, the emission limits and other air pollution control regulations are contained in the following subchapters ofTitle 17, Chapter 8, ARM: Subchapter 1 - General Provisions; Subchapter 3 - Emission Standards; Subchapter4 - Stack Heights and Dispersion Techniques; Subchapter6 ­ Open Burning; Subchapter 7 - Permit, Construction and Operation ofAir Contaminant Sources; Subchapter 8 - Prevention ofSignificant Deterioration ofAir Quality; Subchapter 9 - Permit Requirements for Major Stationary Sources or Major Modifications Locating within NonattainmentAreas; Subchapter 10

- Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating within Attainment or Unclassified Areas; Subchapter 16

- Emission Control Requirements for Oil and Gas Well Facilities Operating Prior to Issuance ofa Montana Air Quality Permit.

DATE: 12/22/09State Rule(s) Federal Action* Action Reference ARM 17.8.101 etseq. approved 60 FR 36715 ARM 17.8.301 etseq. approved 44 FR 14036 ARM 17.8.401 etseq. approved 60 FR 36715 ARM 17.8.401 etseq. approved 61 FR 54947 ARM 17.8.601 etseq. approved 60 FR 36715 ARM 17.8.701 etseq. approved 60 FR 36715 ARM 17.8.801 etseq. approved 60 FR 36715 ARM 17.8.901 etseq. approved 60 FR 36715 ARM 17.8.1001 etseq. approved 60 FR 36715 ARM 17.8.1601 etseq. PendinQ MT submitted 10/16/2006 *EPA subsequently approved revisions to manyofthese rules promulgated in later Federal Register pUblications except for those revisions upon which EPAfailed to act and which are currently being addressed as part ofa lager EPA Region 8 SIP backlog initiative.

AmbientAir Quality Monitoring 

### I Data Systems [42 USC 7410 (a)(2)(B)] On an annual basis, the Department evaluates trends in industrial and economic development, meteorology, and population growth and makes otherscientific, social, and geographic observations regarding areas ofthe state which may be adversely affected by the impact ofcriteria pollutants. Based on this information, the Department identifies potential air pollution "hotspots." The Department, with participation and input from local control program staffand other interested persons, makes decisions regarding monitortype, location, and schedules for monitoring air quality in these hotspots. The Department makes the product ofthis decision making process, the annual monitoring network plan, available for public inspection priorto submission to EPA. Pursuantto its QualityAssurance Project Plans, the Department makes arrangements to operate and maintain federal reference monitors and establishes federally-approved protocols for sample collection, handling, and analysis. Ambient air monitoring data is subjectto strict quality assurance/quality control processes. Air monitoring data is included in the AIRS database. Montana has monitored the Billings area for ambient ozone levels since June 2005. No exceedances have been recorded. The provisions in state lawforthe collection and analysis ofambient air quality data is contained in the Clean AirAct of Montana (MT CM), 75-2-101 etseq., MCA, and specifically, 75-2-112, MCA, Powers and Responsibilities of Department.
Program for EnforcementofControl Measures [42 USC 7410 (a)(2)(C)] Congress directed States to develop and implement measures to prevent significant deterioration (PSD) ofair quality pursuantto 42 USC §§7470, etseq. and 7501, etseq. Pursuantto ARM 17.8.130, sources subjectto the provisions ofTitle 17, Chapter 8, subchapters 8, 9, and 10, ARM, regulating construction of new or modified stationary sources consistent with PSD and New Source Review (NSR) requirements, shall be subjectto enforcement. The Department has the authorityto issue a notice ofviolation, complaint regarding the source violation, and an orderto take corrective action.

2 DATE: 12/22/09State Rule(s) Federal Action* Action Reference ARM 17.8.130 approved 71 FR 3770 ARM 17.8.801 et seq. approved 60 FR 36715 ARM 17.8.901 etseq. approved 60 FR 36715 ARM 17.8.1001 etseq. approved 60 FR 36715 *EPA subsequently approved revisions to many ofthese rules promulgated in later Federal Register publications exceptfor those revisions upon which EPAfailed to act and which are currently being addressed as part ofa lager EPA Region 8 SIP backlog initiative. The provisions in state law forthe enforcement ofemission limitations and other control measures, means ortechniques is contained in the MT CAA, 75-2-101 etseq., MCA, and specifically, 75-2-111, MCA, Powers ofthe Board and 75-2-112, MCA, Powers and Responsibilities of Department.

InterstateTransport [42 USC 7410 (a)(2)(0)] The Montana SIP contains adequate provisions prohibiting any source ortype of emissions activity within the State from emitting any air pollutant in any amountsthatwill contribute significantlyto non-attainment in or interferewith the maintenance by any other Statewith respectto the ozone NAAQS. Although the "Ruleto Reduce Interstate Transport of Fine Particulate Matter and Ozone," (CAIR) may change significantlyfollowing EPA's rewrite of its provisions, the preambleto the initial CAIR rulemaking referenced analyses useful to this certification. In the preamble to CAIR, EPA noted: "In analyzing significant contribution to nonattainment, we determined it was reasonable to excludethe Western U.S., including the states ofWashington, Idaho, Oregon, California, Nevada, Utah and Arizona from further analysis dueto geography, meteorology, and topography. Based on these factors, we concluded thatthe PM 2.5 and 8-hour ozone non-attainment problems are not likelyto be affected significantly by pollution transported across these states' boundaries. Therefore, forthe purpose ofassessing State's contributions to non-attainment in other states, we have only analyzed the non-attainment counties located in the rest ofthe U.S." (See "Ruleto Reduce Interstate Transport of Fine Particulate Matterand Ozone (Interstate Air Quality Rule Preamble)," 69 FR at4581). EPA's CAIR analysis identified states contributing significantlyto non-attainment of ozone in adjacent states, and Montana was not identified. The closest ozone nonattainment areasto Montana are the Denver 

### I Fort Collins area in Colorado, and the Chico area in California. Fort Collins is over400 milesfrom Billings

- the closest major city in Eastern Montana, and Chico is over 600 milesfrom Missoula

- the closest major city in Western Montana. The Chico Ozone NonattainmentArea: The Chico Ozone nonattaiment area is the nearestozone nonattainment area to Western Montana. Chico is over 600 milesfrom Missoula

- the southwesternmost urban area in Montana. The supporting documentation forthe Chico nonattainment designation indicates the Chico area is geographically, meteorologically, and topographically separate from areas to the north, including Montana. Montana does not contribute to interstate transport ofemissionsto this area.

3 DATE: 12/22/09The Denver/ Fort Collins, Colorado Ozone NonattainmentArea: The Denver/ Fort Collins, Colorado Ozone nonattaiment area is the nearest ozone nonattainment area to Eastern Montana. Fort Collins is over400 miles from Billings

- the easternmost urban area in Montana. The supporting documentationforthe Denver/ Fort Collins nonattaiment designation indicatesthe Fort Collins area is geographically, meteorologically and topographically separatefrom areas to the north, including Montana. Montana does not contribute to interstatetransport ofemissions to this area. Adequate Resources [42 USC 7410 (a)(2)(E)] No state orfederal provisions prohibitthe implementation of any provision ofthe Montana SIP. Montana devotes adequate resources to SIP developmentand maintenance sufficientto ensure attainment and maintenance ofthe NAAQS for ozone. Montana receives from EPA grant monies intended tofund programsto protect NAAQS. Montana allocates a portion ofthe EPA grant moneyto fund SIP activities for attainment and maintenance ofthe NAAQS. Montana imposes and collects fees from permit applicants. Montana allocates all ofthe permitfee revenue to activities associated with permitting and compliance of regulated sources ofair pollutants, including criteria pollutant emissions. Montana also receives state general funds to conductstate air quality program activities. Montana allocates all state general funding to non-permit air program activities, including SIP programsfor attainment and maintenance ofthe NAAQS. TheAir Resources Management Bureau has 50 fulltime equivalent positions with an annual budget of$6.3 million dollarsforfiscal year 2010. The program funding is broken down as follows: $163,536from state general funds, $1,643,940 from federal grants, and $4,546,047 from stationary source fees. The provisions in state law providing for adequate resources are contained in the MT CAA, 75-2-101 etseq., MCA. More specifically, those provisions are contained in 75-2­ 102, MCA, Intent

- Policy and Purpose; 75-2-111, MCA, Powers ofthe Board and 75-2­ 112, MCA, Powers and Responsibilities of Department. The Montana Board of Environmental Review (BER) oversees the Montana Department of Environmental Quality, including actionstaken by the state air program. The composition and requirements ofthe BER are detailed in 2-15-3502, MCA, 2-15-121, MCA, and 2-15-124, MCA. Laws related to conflict of interest in Montana state government are found in 2-2-201, MCA, and 2-2-202, MCA.
Stationary Source Monitoring System [42 USC 7410 (a)(2)(F)] Montana requires stationary sources subjectto state regulation to annually submit all information necessaryto complete a source emissions inventory. Affected permits require emissions monitoring from stationary sources ofair pollution, including PM emissions. Further, on an annual basis, the Department compiles a state emissions inventory ofall regulated sources for the evaluation ofcompliance with applicable standards and inclusion in EPA database.

4 DATE: 12/22/09

### State Rule(s) Federal Action* Action Reference ARM 17.8.105 Approved 66 FR 42427 ARM 17.8.106

. Approved 66 FR 42427 ARM 17.8.505 Not submitted State only rule *EPAsubsequently approved revisions to many ofthese rules promulgated in later Federal Register publications except for those revisions upon which EPAfailed to act and which are currently being addressed as part ofa lager EPA Region 8 SIP backlog initiative. 

### Emergency Episode Powers [42 USC 7410 (a)(2)(G)] On January 3, 2006, EPA approved Montana's Emergency EpisodeAvoidance Plan (EEAP) in 71 FR 19. Montana's EEAP made provision for emergency control ofall criteria pollutants. Under authority granted by the 75-2-402, MCA, Emergency Procedures and the Montana's EEAP, the Department may order sources ofpollution to limit or cease emissions. The MT CAA is not subjectto approval by EPA.



### Future SIP Revisions [42 USC 7410 (a)(2)(H)] The MT CAA invests in the BER the authority to adopt, amend, and repeal rules for administering, implementing, and enforcing rules promulgated to regulate emissions of air pollutants, including rules necessaryto establish measures to attain and maintain the NAAQS. The Governor submits, for inclusion into the SIP, rules determined to be necessaryto attain and maintain the NAAQS. The provisions in state law providing for adoption of rules and regulations are contained in the MT CAA, 75-2-101 etseq., MCA. More specifically, those provisions are contained in 75-2-102, MCA, Intent

- Policy and Purpose; 75-2-111, MCA, Powers of the Board and 75-2-112, MCA, Powers and Responsibilities of Department.



### SIP NAA Plan Development [42 USC 7410 (a)(2)(1)] All control plans for non-attainment areas in Montana are prepared in accordance with the applicable requirements of42 USC 7501-7505. There are no ozone non-attainment areas in Montana.



### Consultationwith GovernmentOfficials, Public Notification, and PSD and Visibility Protection [42 USC 7410 (a)(2)(J)] Montana satisfies EPA's requirements for intergovernmental relations, see 59 FR 2988. Montana has not changed or revoked consultation processes sincethat time. Montana holds public meetings and hearings on all SIP revisions in accordance with 40 CFR 51, Appendix V and Montana's open meeting laws. See%-2-203, MCA. !J On January 3, 2006, EPA approved Montana's EEAP in 71 FR 19. Montana's EEAP provides for all criteria pollutants, including ozone. The EEAP contains provisions for disseminating information regarding an exceedance ofthe NAAQS to appropriate news media, health officials, law enforcement, and others. The Department notice includes recommendations for actions citizens may take to reduce the impact oftheir activities and reduce their exposure.

5 DATE: 12/22/09Montana also complies with 40 CFR §51.930 during exceptional events. Congress directed States to develop and implement measuresto prevent significant deterioration ofair quality pursuantto 42 USC §7471. Montana adopted permitting requirementsfor majorsources proposing to modify or construct; PSD rules in subchapter 8 and nonattainment New Source Review rules in subchapter 10 ofTitle 17, Chapter 8, ARM. Montana continues to implement and enforce these rules. Montana consults with Federal Land Managers as needed and/or required. 

### State Rule(s) Federal Action* Action Reference ARM 17.8.801 etseq. Approved 60 FR 36715 ARM 17.8.1001 etseq. Approved 60 FR 36715 *EPA subsequently approved revisions to many ofthese rules promulgated in later Federal Register publications exceptfor those revisions upon which EPAfailed to act and which are currently being addressed as part ofa lager EPA Region 8 SIP backlog initiative. EPA Region 8 is preparing a federal implementation plan (FIP) to addressthe federal Regional Haze Regulations.



### AirQuality Modeling/Data [42 USC 7410 (a)(2)(K)] Montana requires an applicant proposing to construct or modify a source ofcriteria pollutants to demonstratethe facility can be expected to operate in compliance with applicable law and that it will not cause or contribute to aviolation ofany NMOS. Sources subjectto the provisions ofTitle 17, Chapter 8, Subchapters 7,8,9, and 10, ARM (regulating construction ofnew or modified major stationary sources consistent with PSD and New Source Review (NSR) requirements) shall demonstratethe facility can be expected to operate in compliancewith applicable law and that it will not cause or contribute to a violation ofany NMOS. 

### State Rule(s) Federal Action* Action Reference ARM 17.8.701 etseq. approved 60 FR 36715 ARM 17.8.801 etseq. approved 60 FR 36715 ARM 17.8.901 etseq. approved 60 FR 36715 ARM 17.8.1001 etseq. approved 60 FR 36715 *EPA subsequently approved revisions to many ofthese rules promulgated in later Federal Register publications exceptforthose revisions upon which EPA**fail~d** to actand which are cun'ently being addressed as (Jart ofa lager EPA Region 8 SIP backlog initiative. Absent any privacy restrictions regarding the release ofproprietary business information, all preconstruction data and analysis regarding the results ofsource predictive modeling for purposes of NMOS compliance is public information available for anyone, including EPA, to review upon request.


### Permitting Fees [42 USC 7410 (a)(2)(L)] Montana has an approved TitleV permitting program. Montana requires an applicant proposing to construct or modify an air pollution source to pay an application fee. See ARM 17.8.504. Pursuantto ARM 17.8.505, Montana assesses an annual air quality

6 DATE: 12/22/09operation fee against the owner or operator ofany source issued a Montana air quality permit or an operating permit orwhich is registered with the Department as an oil and gasfacility underARM 17.8.1701, etseq. 

### State Rule(s) Federal Action Action Reference ARM 17.8.504 Notsubmitted State only rule ARM 17.8.505 Not submitted State only rule ARM 17.8.1701, etseq. Pending MT submitted 11/1/06


### Consultation/Participation byAffected Local Entities [42 USC 7410 (a)(2)(M)] As a matter ofpractice, the Department consults with the local agencies when necessaryto implement a control plan for a nonattainment area. The Department also meetswith county air pollution control program staffand discusses monitoring issues, including ozone, prior to making decisions regarding monitoring needs, monitortype, locations, and monitoring schedules. Section 75-2-112(2)0) ofthe MT

# eM requires the Department to "

...advise, consult, contract, and cooperate with other agencies ofthe state, local governments, industries, other states, interstate and interlocal agencies, the United States, and any interested persons or groups;

..."
Parties affected by Department actions, including local political subdivisions, may petition the BERfor a hearing and address oftheir grievances, seeARM 17.8.140, 17.8.141 and 17.8.142. 

### State Rule(s) Federal Action Action Reference ARM 17.8.140 Approved 66 FR42427 ARM 17.8.141 Approved 66 FR 42427 ARM 17.8.142 Approved 66 FR 42427

7 DATE: 12/22/09