Montana Department of

ENvIRONMENTAL UALITY Brian SchwcitUT. Governo

P.o. Bo:-,: 201190 I Hdenll. MT 59620·0901

June 19, 2006

(406) 444-2544 • www.deq.mt.~o

Laurel Dygowski

U.S. EPA Region VIII Air Programs Branch

999 18th Street, Suite 300

Denver, CO 80202-2466

Dear Laurel Dygowski:

Over the past decade, Montana's air quality program experienced unprecedented

growth in federal regulatory requirements while EPA's stagnant financial support has

constrained the state's ability to address air quality issues in a thorough and timely

manner. By themselves, existing federal statutory requirements are formidable and

require all available staff resources. The anticipated effects of additional proposed

federal rules, when finalized, will draw us closer to a disastrous tipping point. For

example, since 2002, EPA has required Montana to develop and implement regulations

addressing New Source Review (NSR) reform, consolidated emissions reporting,

mercury emissions, regional haze, and Maximum Available Control Technology (MACT)

standards, to name a few.

In response to these challenging regulatory requirements, Montana proposed many

workable solutions to effectively regulate and track emission sources in ways that

maximize scarce state resources while protecting the health of Montanans. These

include redefining PSD baseline areas, allowing oil and gas permit registration, and

providing for a "de minimis" permitting process. EPA has not supported our efforts to

streamline our workload in ways that do not sacrifice protection.

As a direct result of the regulatory demands imposed on states by the federal

government over the past decade, the Department is forced to evaluate declining

resources and prioritize programs accordingiy. While I do not enjoy reiinquishing any

activities of the air program, I am forced to take action to protect Montana's core

program elements.

Thus, it is with great reluctance that I withdraw Montana's efforts to revise the state's

visibility control plan that would incorporate provisions of the Regional Haze Rule,

including the development and implementation of the Best Available Retrofit Technology

(BART) rule. To that end, I have re-assigned staff previously committed to protecting

visibility impairment in national parks and wilderness areas and assigned them to

support regulatory programs aimed directly at protecting public health.
Laurel Dygowski

June 19, 2006

Page 2 of 2

In response to this regrettable situation, EPA will make a finding of State

Implementation Plan inadequacy and be forced to promulgate additional federal rules to

address the requirements of the Regional Haze Rule, including BART. EPA will be the

lead agency in negotiating BART with eligible sources and for fulfilling additional plan

requirements.

Montana is discontinuing the monthly stakeholder meetings and involvement with the

regional planning organization. Your participation on the stakeholders work group was

certainly appreciated. I will continue to reassess this position in relation to current and

future federal regulatory requirements, program funding assistance, and available

Department resources.

If you should have any questions on this matter, please contact Robert Habeck at (406)

444-7305.

Sincerely,

Richard H. Opper

Director