, , .. , '(IA. <:· 

\- ;,	 t,'.;I'!, 

Ilol \) \,..ff.. " .~	 ! . 

., tf' J.5 Y Montana Department of { , , 3 t,o ' 

ENVl[RONMEN1ALQlUAUTY	 Brian Schweitzer, Governor 

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

December 22, 2009 

Callie Videtich 

Air Program Director 

U.S. Environmental Protection Agency, Region 8 

1595 Wynkoop St 

Denver, CO 80202-1129 

Dear Callie: 

The Montana Department of Environmental Quality is submitting this letter and 

attachment in response to recently identified deficiencies in Montana's November 28, 

2007, certification of State Implementation Plan (SIP) compliance with the requirements 

of Section 11 0(a)(1) and (2) of the Clean Air Act (CAA) for the 1997 8-hour National 

Ambient Air Quality Standards (NAAQS) for ozone. 

Montana has a well-developed regulatory program that meets the "infrastructure" 

elements for SIPs as outlined in CAA Section 11 O(a) for all NAAQS. With regard 

specifically to the 8-hour ozone NAAQS all 56 Montana counties are currently in 

attainment or are considered unclassifiable. 

The attached document supplements the November 28,2007, submittal and outlines 

the Montana provisions, programs, and efforts to meet the requirements of CAA Section 

11 0(a)(1) and (2). This document is not intended to modify or amend any portion or 

provision of Montana's SIP. 

Please feel free to contact me by telephone at (406) 444-0286 or by email at 

dklemp@mt.gov with any questions or further clarification regarding the Department's 

determin 'on on this issue. 

David	 L. Klemp 

Bureau Chief 

Air Resources Management Bureau 

Enclosure: (1) 

cc:	 Monica Morales, Unit Chief, U.S. EPA Region 8 Air Quality Planning Unit 

Kathy Dolan, U.S. EPA Region 8 Air Quality Planning Unit 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
STATE OF MONTANA
 

1997 8-HOUR OZONE NAAQS CERTIFICATION
 

Pursuant to the requirements of the Federal Clean Air Act (CAA), Montana declares that 

its State Implementation Plan (SIP) meets the requirements of 42 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 enforcement of such [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 set forth in more detail in this section, as may be 

necessary to attain and maintain the standards. 

Montana currently has no ozone nonattainment areas and no specific nonattainment 

area control plans with respect to ozone. The following demonstrates Montana's 

satisfaction of the requirements of section 11 O(a)(1) and (2) for the protection of the 

National Ambient Air Quality Standard (NAAQS) for ozone: 

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

Enforceable control measures exist to protect the ozone NAAQS throughout the state. 

Montana implements a stationary source permit program which requires subject 

sources to demonstrate emissions will not cause or contribute to a violation of any 

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. 

Except for specific control measures adopted in BER orders, the emission limits and 

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

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

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

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

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

Subchapter 9 - Permit Requirements for Major Stationary Sources or Major 

Modifications Locating within Nonattainment Areas; Subchapter 10 - Preconstruction 

Permit Requirements for Major Stationary Sources or Major Modifications Locating 

within Attainment or Unclassified Areas; Subchapter 16 - Emission Control 

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

Air Quality Permit. 

DATE: 12/22/09 
State Rule(s) Federal Action* Action Reference 

ARM 17.8.101 etseq. approved 60 FR 36715 

ARM 17.8.301 et seq. approved 44 FR 14036 

ARM 17.8.401 et seq. approved 60 FR 36715 

ARM 17.8.401 et seq. approved 61 FR 54947 

ARM 17.8.601 et seq. approved 60 FR 36715 

ARM 17.8.701 et seq. approved 60 FR 36715 

ARM 17.8.801 et seq. approved 60 FR 36715 

ARM 17.8.901 et seq. approved 60 FR 36715 

ARM 17.8.1001 etseq. approved 60 FR 36715 

ARM 17.8.1601 etseq. PendinQ MT submitted 10/16/2006 

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

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

EPA Region 8 SIP backlog initiative. 

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

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

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

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

affected by the impact of criteria pollutants. Based on this information, the Department 

identifies potential air pollution "hotspots." The Department, with participation and input 

from local control program staff and other interested persons, makes decisions 

regarding monitor type, location, and schedules for monitoring air quality in these 

hotspots. The Department makes the product of this decision making process, the 

annual monitoring network plan, available for public inspection prior to submission to 

EPA. 

Pursuant to its Quality Assurance 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 

subject to 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 law for the collection and analysis of ambient air quality data is 

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

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

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

Congress directed States to develop and implement measures to prevent significant 

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

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

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

sources consistent with PSD and New Source Review (NSR) requirements, shall be 

subject to enforcement. The Department has the authority to issue a notice of violation, 

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

2 

DATE: 12/22/09 
State Rule(s) Federal Action* Action Reference 

ARM 17.8.130 approved 71 FR 3770 

ARM 17.8.801 et seq. approved 60 FR 36715 

ARM 17.8.901 et seq. approved 60 FR 36715 

ARM 17.8.1001 etseq. approved 60 FR 36715 

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

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

EPA Region 8 SIP backlog initiative. 

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

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

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

Responsibilities of Department. 

Interstate Transport [42 USC 7410 (a)(2)(0)] 

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

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

contribute significantly to non-attainment in or interfere with the maintenance by any 

other State with respect to the ozone NAAQS. 

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

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

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

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

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

analysis due to geography, meteorology, and topography. Based on these factors, we 

concluded that the PM 2.5 and 8-hour ozone non-attainment problems are not likely to 

be affected significantly by pollution transported across these states' boundaries. 

Therefore, for the purpose of assessing State's contributions to non-attainment in other 

states, we have only analyzed the non-attainment counties located in the rest of the 

U.S." (See "Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone 

(Interstate Air Quality Rule Preamble)," 69 FR at 4581). 

EPA's CAIR analysis identified states contributing significantly to non-attainment of 

ozone in adjacent states, and Montana was not identified. The closest ozone 

nonattainment areas to Montana are the Denver I Fort Collins area in Colorado, and the 

Chico area in California. Fort Collins is over 400 miles from Billings - the closest major 

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

city in Western Montana. 

The Chico Ozone Nonattainment Area: The Chico Ozone nonattaiment area is the 

nearest ozone nonattainment area to Western Montana. Chico is over 600 miles from 

Missoula - the southwesternmost urban area in Montana. The supporting 

documentation for the 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 of emissions to 

this area. 

3 

DATE: 12/22/09 
The Denver / Fort Collins, Colorado Ozone Nonattainment Area: The Denver / Fort 

Collins, Colorado Ozone nonattaiment area is the nearest ozone nonattainment area to 

Eastern Montana. Fort Collins is over 400 miles from Billings - the easternmost urban 

area in Montana. The supporting documentation for the Denver / Fort Collins 

nonattaiment designation indicates the Fort Collins area is geographically, 

meteorologically and topographically separate from areas to the north, including 

Montana. Montana does not contribute to interstate transport of emissions to this area. 

Adequate Resources [42 USC 7410 (a)(2)(E)] 

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

Montana SIP. Montana devotes adequate resources to SIP development and 

maintenance sufficient to ensure attainment and maintenance of the NAAQS for ozone. 

Montana receives from EPA grant monies intended to fund programs to protect NAAQS. 

Montana allocates a portion of the EPA grant money to fund SIP activities for attainment 

and maintenance of the NAAQS. Montana imposes and collects fees from permit 

applicants. Montana allocates all of the permit fee revenue to activities associated with 

permitting and compliance of regulated sources of air pollutants, including criteria 

pollutant emissions. Montana also receives state general funds to conduct state air 

quality program activities. Montana allocates all state general funding to non-permit air 

program activities, including SIP programs for attainment and maintenance of the 

NAAQS. 

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

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

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

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

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

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

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

112, MCA, Powers and Responsibilities of Department. 

The Montana Board of Environmental Review (BER) oversees the Montana Department 

of Environmental Quality, including actions taken by the state air program. The 

composition and requirements of the BER are detailed in 2-15-3502, MCA, 2-15-121, 

MCA, and 2-15-124, MCA. Laws related to conflict of interest in 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 subject to state regulation to annually submit all 

information necessary to complete a source emissions inventory. Affected permits 

require emissions monitoring from stationary sources of air pollution, including PM 

emissions. Further, on an annual basis, the Department compiles a state emissions 

inventory of all regulated sources for the evaluation of compliance with applicable 

standards and inclusion in EPA database. 

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 

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

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

EPA Region 8 SIP backlog initiative. 

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

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

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

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

Procedures and the Montana's EEAP, the Department may order sources of pollution to 

limit or cease emissions. The MT CAA is not subject to approval by EPA. 

Future SIP Revisions [42 USC 7410 (a)(2)(H)] 

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 necessary to establish measures to attain and maintain the 

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

necessary to attain and maintain the NAAQS. 

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

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

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

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

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 of 42 USC 7501-7505. There are no ozone non-attainment 

areas in Montana. 

Consultation with Government Officials, Public Notification, and PSD and 

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

Montana satisfies EPA's requirements for intergovernmental relations, see 59 FR 2988. 

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

holds public meetings and hearings on all SIP revisions in accordance with 40 CFR 51, 

Appendix V and Montana's open meeting laws. See%-2-203, 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 of the NAAQS to appropriate news 

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

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

and reduce their exposure. 

5 

DATE: 12/22/09 
Montana also complies with 40 CFR §51.930 during exceptional events. 

Congress directed States to develop and implement measures to prevent significant 

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

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

subchapter 8 and nonattainment New Source Review rules in subchapter 10 of Title 17, 

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

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

State Rule(s) Federal Action* Action Reference 

ARM 17.8.801 et seq. Approved 60 FR 36715 

ARM 17.8.1001 et seq. Approved 60 FR 36715 

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

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

EPA Region 8 SIP backlog initiative. 

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

Regional Haze Regulations. 

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

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

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

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

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

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

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

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

or contribute to a violation of any NMOS. 

State Rule(s) Federal Action* Action Reference 

ARM 17.8.701 et seq. approved 60 FR 36715 

ARM 17.8.801 et seq. approved 60 FR 36715 

ARM 17.8.901 et seq. approved 60 FR 36715 

ARM 17.8.1001 etseq. approved 60 FR 36715 

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

except for those revisions upon which EPA fail~d to act and which are cun'ently being addressed as (Jart of a lager 

EPA Region 8 SIP backlog initiative. 

Absent any privacy restrictions regarding the release of proprietary business 

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

predictive modeling for purposes of 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 Title V permitting program. Montana requires an applicant 

proposing to construct or modify an air pollution source to pay an application fee. See 

ARM 17.8.504. Pursuant to ARM 17.8.505, Montana assesses an annual air quality 

6 

DATE: 12/22/09 
operation fee against the owner or operator of any source issued a Montana air quality 

permit or an operating permit or which is registered with the Department as an oil and 

gas facility under ARM 17.8.1701, et seq. 

State Rule(s) Federal Action Action Reference 

ARM 17.8.504 Not submitted State only rule 

ARM 17.8.505 Not submitted State only rule 

ARM 17.8.1701, et seq. Pending MT submitted 11/1/06 

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

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

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

meets with county air pollution control program staff and discusses monitoring issues, 

including ozone, prior to making decisions regarding monitoring needs, monitor type, 

locations, and monitoring schedules. 

Section 75-2-112(2)0) of the MT eM requires the Department to "...advise, consult, 

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

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

persons or groups; ... " 

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

petition the BER for a hearing and address of their grievances, see ARM 17.8.140, 

17.8.141 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