STEVE BULLOCK 

GOVERNOR 

June 4, 2013 

Shaun McGrath 

Regional Administrator 

OFFICE OF THE GOVERNOR 

STATE OF MONTANA 

United States Environmental Protection Agency 

Region VIII, SP-AR 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

JOHN WALSH 

LT. GOVERNOR 

RE: 1997 Ozone NAAQS Implementation Rule Updates to Montana State Implementation Plan 

Dear Mr. McGrath: 

Enclosed please find revisions to Montana's State Implementation Plan (SIP). This submittal contains 

revisions to Administrative Rules of Montana 17.8.801 and 17 .8.818 to include NOx as an ozone 

precursor pollutant for reviewing major stationary sources of air pollutants. The Board of Environmental 

Review adopted these changes related to ozone, as set forth in MAR Notice No. 17-334, on September 

27, 2012. 

This submittal contains two hard copies 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. 

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

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

by email at emerchant@mt.gov. 

Sine~ 

~~-- STEVE BULLOCK 

Governor 

Enc. 

c: Tracy Stone-Manning, Director, Department of Environmental Quality, State of Montana 

Carl Daly, Director, Air Program, Office of Partnership and Regulatory Assistance, USEPA 

Region 8 

Kathy Ayala, USEPA Region 8 

Dave Klemp, Bureau Chief, Air Resources, Department of Environmental Quality, State of 

Montana 

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 

ARM 17.8.801and17.8.818, 

Pertaining to definitions and review of major stationary sources and 

major modifications-source applicability and exemptions. 

Date of Final Adoption by the Board of Environmental.Review: 

September 27, 2012 
) RECORD OF ADOPTION 

Regulatory Actions 

TABLE OF CONTENTS 

(1) BER agenda granting rulemaking authority. 

(2) MAR notice for proposed rulemaking. 

(3) Public notice statement on state electronic access system. 

(4) MAR notice to Interested Parties & APCAC including address list. 

(5) MAR notice as posted on the state electronic access system. 

(6) Department testimony. 

(7) Department HB 311 and 521 analysis. 

(8) Written public testimony. 

(9) Hearings officer report & transcript. 

(10) BER agenda from rule adoption meeting. 

(11) Transcript from BER rule adoption meeting. 

) (12) Final MAR posted on the state electronic access system. 

(13) Final MAR notice of amended rule (published copy). 

) 

(14) SIP Public Notice statement 

(15) Notice to Interested Parties & APCAC including address list. 

(16) Notice as published on DEQ website 

(17) Public Comments and/or Request for Hearing. 

~μ'/(;J Prepared by: Date: 
) 

) 

Montana 

Board of Environmental Review 

P.O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • Website: www.deq.state.xnt.us 

AGENDA 

FRIDAY, MAY 18, 2012 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH AVENUE, HELENA, MONTANA 

********************************************************** 

NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the meeting will begin no earlier than the time 

specified; howeve~. the Board might not address the specific agenda items in the order they are scheduled The Board will make reasonable 

accommodations for persons with disabilities who wish to participate in this meeting. Please contact the Board Secretary by telephone at 

(406) 444~6701 or by e-mail at jwittenberg@mt.gov no later than 24 hours prior to the meeting to advise her of the nature of the 

accommodation you need 

9:00A.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

l. March 23, 2012, Board 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 Montana Septage Disposal and Licensure Laws by 

James Vaughn, d/b/a Any Thne Septic & Porta-Potty, Lake County, BER 2011-06 

SDL. On February 9, 2012, the Board received Department's Motion to Vacate 

Contested Case Hearing and to Set Status Conference. The Board received Answer to 

Motion to Vacate and Set Hearing Status from the attorney for the appellant, on February 

15, 2012. A Second Order Vacating Hearings and Imposing Stay of Proceedings was 

issued on April 17, 2012. · 

b. In the matter of violations of the Public Water Supply Laws by Olson's Lolo Hot 

Springs, Inc. at Lolo Hot Springs, PWSID #MT0000805, Missoula County, BER 

2011-09 PWS. On December 14, 2011, attorney for DEQ filed Request to Stay 

Proceedings, and the hearing examiner issued Order Granting Request to Stay 

Proceedings on December 15, 2011. A Status Report was filed on March 19, 2012. 

c. In the matter of.violations of the Opencut Mining Act by Ell Dirt Works, LLC, at 

the Gene Foss Pitt, Richland County, BER 2011-11 OC. The hearing examiner issued 

Order Joining Additional Parties on March 13, 2012, in response to the appellant's 

Motion to Join Additional Parties, filed on January 30, 2012. A hearing is scheduled for 

July 11, 2012. 

d. In the matter of violations of the Water Quality Act by SK Construction, Inc. on US 

Highway 2 near Bainville, Roosevelt County, BER 2011-20 WQ. On April 11, 2012, 

the hearing examiner issued Order Granting Extension of Stay, giving the parties through 

May 4, 2012, to reach settlement or submit a joint agreed revised hearing schedule. 

e. In the matter of violations of the Opencut Mining Act by the City of Ronan at 

Ronan, Lake County, BER 2011-230C. A hearing is scheduled for August 17, 2012. 

Page 1of4 
f. In the matter of violations of the Montana Strip and Underground Mine 

Reclamation Act by Westmoreland Resources, Inc., at the Absaloka Mine, Big Horn 

County, BER 2012-02 SM. The parties filed Agreed Proposed Schedule on March 23, 

2012, and the hearing e_xaminer issued First Scheduling Order on April 12, 2012. 

, 2. Other cases assigned to the Hearing Examiner 

a. In the matter of CR Kendall Corporation's request for a hearing to appeal DEQ's 

decision to deny a minor permit amendment under the Metal Mine Reclamation 

Act, BER 2002-09 MM. An Order Requesting Status Report was issued on January 13, 

2012. DEQ counsel filed Status Report on January 26, 2012. 

b. In the matter of the appeal and request for hearing by Roseburg Forest Products 

Co. of DEQ's Notice of Final Decision regarding Montana Ground Water Pollution 

Control System Permit No. MTX000099, BER 2010-09 WQ. On April 12, 2012, the 

Board received Joint Motion to Stay Appeal. On April 20, 2012, an Order Vacating 

Hearing Dates and Setting Telephonic Status Conference Date was issued. 

c. In the matter of the appeal and request for hearing by the City of Helena regarding 

the DEQ's Notice of Final Decision for Montana Pollutant Discharge Elimination 

System (MPDES) Permit No. MT0022641, BER 2011-08 WQ. On March 9, 2012, the 

hearing examiner issued Seconded Amended Scheduling Order, setting a hearing date of 

July 10, 2012. 

3. Contested Cases not assigned to a Hearing Examiner 

a. In the matter of violations of the Opencut Mining Act by Brad Blakeman at the 

Camas Prairie Gravel Pit, Sanders County, BER 2012-01 OC. Interim Hearing 

Examiner. Katherine Orr issued First Scheduling Order setting a hearing before the Board 

on September 28, 2012. 

4. Other Contested Case Briefings 

a. In the matter of violations of the Montana Underground Storage Tank Act by 

Jeanny Hlavka, individually and d/b/a J.R. Enterprise, LLC, at the Fort Peck 

Station, Valley County, BER 2010-08 UST. The Board signed an order granting the 

DEQ's Motion for Summary Judgment on September 28, 2011. On October 26, 2011, 

Hlavka filed a petition in state district court in Valley County for judicial review of the 

Board's decision. On November 30, 2011, the Board transmitted a certified copy of the 

record to the district court. On March 9, 2012, the District Court remanded the case back 

to the Board. , 

III. ACTION ITEMS 

. A. INITIATION OF RULEMAKING 

DEQ will propose that the Board initiate rulemaking to: 

1. Amend ARM 17.30.617 to designate the mainstem Gallatin River from the Yellowstone 

National Park boundary to the confluence of Spanish Creek as an Outstanding Resource 

Water (ORW) and to amend ARM 17.30.638 to add a new subsection clarifying that 

discharges to ground water with a direct hydrologic connection to an ORW are within the 

statutory mandate prohibiting any permanent change in the water quality of an ORW 

resulting from point source discharges. DEQ will request that the Board issue a notice of 

supplemental rulemaking to extend the comment period. 

BERAgenda Page 2of4 May 18,2012 

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2. Amend ARM 17.8.801 and 17.8.818 for major source permitting regarding the emissions of 

NOx as a precursor to Ozone and other minor amendments. 

3. Revise Circular DEQ-2, design standards for municipal wastewater collection and treatment. 

Included in the revisions to DEQ-2 are treatment standard~, classifications, and allowable 

uses for reclaimed wastewater. Associated with. these reuse standards are proposed rule 

changes under the Water Quality Act and the Public Water Supply Act. 

4. Establish new and revised water quality standards in Circular DEQ-7. The revisions to 

Circular DEQ-7 will be incorporated by reference by amending rules in ARM Title 17, 

Chapter 30, Subchapters 5, 6, 7, and 10, pertaining to mixing zones, surface water quality 

standards, nondegradation requirements, and ground water rules. DEQ also proposes 

incorporating the new and revised water quality standards in Circular DEQ-7 by amending 

ARM Title 17, Chapter 24, Subchapter 6, pertaining to reclamation; ARM Title 17, Chapter 

36, Subchapter 3, pertaining to subdivisions; ARM Title 17, Chapter 55, Subchapter 1, 

pertaining to CECRA; and ARM Title 17, Chapter 56, Subchapters. 5 and 6, pertaining to 

underground storage tanks. The proposed rulemaking is primarily intended to update certain 

water quality standards and required reporting values in DEQ-7 and to incorporate DEQ-7 

into the above rules. DEQ recommends initiating rulemaking for the proposed changes. 

B. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

I. DEQ proposes to adopt the amendments to Title 17, Chapter 38, Sub-Chapter 3, Cross 

Connections in Drinking Water Supplies, to update the adoption by reference to the newest 

addition, to update the current -language to use industry standard language, and for 

clarification. In addition, DEQ proposes to adopt the amendments to 17.38.208 to remove 

duplicative language, to 17.38.225 to clarify the disinfectant residual monitoring 

requirements, and to 17.38.234 to clarify Water Hauler record keeping requirements. 

C. FINAL ACTION ON CONTESTED CASES 

1. In the matter of violations of the Public Water Supply Laws by Jore Corporation at 

Jore Corporation, Lake County, BER 2011-05 PWS. On March 12, 2012, the parties filed 

Stipulation for Dismissal. An order to dismiss the case will be presented for signature. 

2. In the matter of the request for hearing by Nancy Scott, Dale Whitton, Kimberly Mole, 

Jess Hodge, Katherine G. Potter, Sharon B. Johnson, Clinton C. Johnson, James, D. 

Ward, and Korrie L. Ward, Marshall Warrington, Jr., Patricia Warrington, John· 

Hutton, regarding Opencut Permit No. 487, issued to Plum Creek Timberlands, LP, for 

the Dorr Skeels site in Lincoln County, BER 2011-15 OC, BER 2011-12 OC, BER 2011-

13 OC, and BER 2011-17 OC. On March 31, 2012, the hearing examiner issued Proposed 

Order Granting Motion for Summary Judgment. An Order Supplementing Proposed Order 

Granting Motion for Summary Judgment was issued on April 17, 2012. An Order of the 

Board will be provided. 

3. In the matter of the request for hearing by Steven K. Endicott, Ruth Ann Endicott, and 

Robert W. Gambill regarding Opencut Permit No. 487, issued to Plum Creek 

Timberlands, LP, for the Dorr Skeels site in Lincoln County, BER 2011-14 OC and 

BER 2011-18 OC. On April 2, 2012, the hearing examiner issued Proposed Order Granting 

Motion for Summary Judgment. An Order of the Board will be provided. 

4. In the matter of the request for hearing by Glenn Miller, Rick Sant, Ralph & Edna 

Neils, Berneice A. Zucker, Patricia Anderson, Tina K. Moore, Marc Zahner, Donald E. 

White, Jacki Bruemmer, Betty Longo, Tracy Nicely, Michael Dunn, Dennis Thayer, 

James Hopkins, Debbie Zahner, James P. Tomlin, Howard C.A. Hunter, George 

BER Agenda Page 3 of 4 May 18, 2012 
Stachecki, Marie Mabee, Harold Mabee, Patricia Warrington, Lily S. Parker, Linda S. 

Fisher, Steven E. Fisher, Connie Karns, John Ritchie, Grant Denton, Karen & Ben 

Pelzel, Richard L. Johnson, N.E.W. Boss, Jane O. Drayton, Leonard H. Drayton, 

Warren.Robbe, Katherine G. Potter, Robert B. Potter, Bonnie Gannon, Kim F. Taylor, 

Linda Cochran, Helen R. Lockard, Marshall Warrington, Jr., Bruce Kinney, Devan 

Kinney, Jon Kinney, Joel Kinney, Karen Legue, Angeline R. Allen, Gary Allen, Bonnie 

Sonnenberg, Bud Biddle, Eunice Boeve, Ron Boeve, Kathleen Burbridge, Harold Lewis, 

Ken Mole, and Lois M. Mole, regarding Opencut Permit No. 487, issued to Plum Creek 

Timberlands, LP, for the Dorr Skeels site in Lincoln County, BER 2011-16 OC. On April 

2, 2012, the . hearing examiner issued Proposed Order Granting Motion for Summary 

Judgment. An Order of the Board will be provided. 

5. In the iμatter of violation ofthe Metal Miri.e Reclamation Act by Noble Excavating, Inc. 

at Nickleback Rock Quarry, Lincoln County, BER 2011-24 MM. On March 6, 2012, the 

hearing examiner issued Order Granting Extension of Time giving the parties through April 

3, 2012, to reach settlement or file a proposed hearing schedule. On May l, 2012, the parties 

filed a Stipula~ion to Dismiss and Request for Dismissal. An order to dismiss the matter will 

be presented for the Board's signature. 

D. NEW CONTESTED CASES 

I. In the matter of violations of the Montana Strip and Underground Mine Reclamation 

Act by Westmoreland Resources, Inc., at the Absaloka Mine, Big Horn County, BER 

2012-03 SM. The Board received the appeal on March 14, 2012. Interim Hearings Examiner 

Katherine Orr issued First Prehearing Order on April 11, 2012. The Board may appoint a 

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 

BERAgenda Page 4of4 May 18, 2012 

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-1098-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.801and17.8.818, pertaining to ) 

definitions and review·of major stationary) 

sources and major modifications--source) 

applicability and exemptions ) 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On July 12, 2012, at 11 :00 a.m., the Board of Environmental Review will 

hold a public hearing in Room 35, 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., June 18, 2012, 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;8.801 DEFINITIONS In this subchapter, the following definitions apply: 

(1) through (19) remain the same. 

(20) "Major modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in a significant 

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

excluding hazardous air pollutants, except to the· extent that such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

108(a)(1) of the FCAA. 

· (a) Any net emissions increase that is significant for volatile organic 

compounds or N021 will be considered significant tor ozone. 

(b) through (21)(d) remain the same. 

(22) The following apply to the definition of the term "major stationary 

source": 

(a) through (a)(iii) remain the same. 

(b) A major source that is major for volatile organic compounds or NC4; will be 

considered major for ozone. 

(c) through (24)(g) remain the same. 

(25) "Nitrogen Oxides" or "N021" means the sum of nitric oxide and nitrogen 

dioxide in .the flue gas or emission point. 

(25) and (26) remain the same, but are renumbered (26) and (27). 

~ (28) The following apply to the definition of the term "significant": 

MAR Notice No. 17-334 11-6/7/12 
-1099-

(a) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (tpy) 

. Nitrogen oxides (NOJ: 40 tpy 

Sulfur dioxide (S02): 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

15 tpy of PM-10 emissions 

PM-2.5: 1 O tpy. of direct PM-2.5 emissions, 40 tpy of sulfur dioxide ~ emissions, 

or 40 tpy of RitFegeR die>Eide (N~ nitrogen oxides CNOJ emissions unless 

demonstrated not to be a PM-2.5 precuJ'Sor 

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 1 O tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 10-6 megagrams per year 

(3.5 * 10-6 tpy) 

Municipal waste combustor metals (measured as particulate matter): 14 

megagrams per year (15 tpy) 

Municipal waste combustor acid gases (measured as sulfur dioxide~ and 

hydrogen .chloride): 36 megagrams per year (40 tpy) 

(b) "significant" means, in reference to a net emissions. increase or the 

potential of a source to emit a pollutant subject to regulation under the FCAA, that 

~ (28)(a) does not list any emissions rate. This does not include hazardous air 

pollutants, except to the extent that such hazardous air pollutants are regulated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA. 

(c) Notwithstanding ~ C28)(a), "significant" means any emissions rate or 

any net emissions increase associated with a major stationary source or major 

modification, which would construct within 10 kilometers of a Class I area, and have 

an impact on such area equal to or greater than one μg/m3 (24-hour average). 

(28) and (29) remain the same, but are renumbered (29) and (30). 

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

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

17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS--SOURCE APPLICABILITYAND EXEMPTIONS (1) through (6) 

remain the same. 

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

modification from the requirements of ARM 17 .8.822, with respect to monitoring for a 

particular pollutant, if: 

11-6/7/12 MAR Notice No. 17-334 
-1100-

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

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

area, air quality impacts less than the following amounts: 

(i) through (v) remain the same. 

(vi) ozone: no de minimus air quality level is provided for ozone. However, 

any net increase of 100 tons per year or more of volatile organic compounds QI: 

nitrogen oxides subject to this subchapter requires an ambient impact analysis, 

including the gathering of ambient air quality data; 

(vii) through (c) remain the same. 

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

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

REASON: The board is proposing amendments to Montana's prevention of 

significant deterioration (PSD) rules to conform the rules to amendments to federal 

regulations by the federal Environmental Protection Ag~ncy (EPA) in 2005. The 

federal Clean Air Act, 42 L!SC 7401 through 7671q (CAA), directs each state to 

assure that air quality in that state meets minimum standards applicable across the 

nation. The CAA directs the EPA to establish National Ambient Air Quality 

Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on 

public health and welfare. Pursuant to the CAA, EPA has authorized the state of 

Montana to regulate major sources in the state. For Montana to retain this authority, 

the board is required to adopt the minimum standards applicable to major source 

· emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 

USC 7410(C). 

On November 29, 2005, EPA published regulations regarding the 

implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations 

required revisions to state programs for major source permitting. One of the 

requirements in the EPA regulations was to address ozone formation by regulating 

precursor pollutants. "Precursor pollutants" are pollutants that combine to form 

another pollutant. The federal regulations include nitrogen oxides (NOx) that react 

with volatile organic compounds to form ozone. In a decision published on May 19, 

2011, in the Federal Register at 76 FR 28934, EPA found Montana's PSD rules for 

ozone inadequate because the rules do not address NOx as a precursor pollutant for 

ozone. The proposed amendments in this notice would address EPA's concerns 

and make Montana's rules for PSD permits adequate to implementing the 1997 8-

hour ozone NAAQS. 

Generally, the .proposed amendments to the rules would add NOx as a 

precursor pollutant that contributes to the formation of ozone. The department and · 

applicants for permits to construct or modify major sources would be required to 

analyze the applicability of PSD requirements based on NOx as a precursor to 

ozone. The following are brief descriptions of the proposed amendments: 

ARM 17 .8.801 (20)(a) would be amended by modifying the de~nition of "major 

modification," adding NOx as a precursor pollutant for ozone when NOx emissions 

exceed a significance threshold. 

ARM 17.8.801(22)(b) would be amended to add NOx as a precursor to ozone, 

MAR Notice No. 17-334 11-6/7112 
-1101-

triggering consideration of a source as "major" for ozone when the source emits or 

has the potential to emit 100 tons per year of NOx. 

ARM 17.8.801(25) would be amended by adding a definition of the terrn 

nitrogen oxides or NOx, defining it as the sum of nitric oxide and nitrogen dioxide in 

the flue gas or emission point. 

ARM 17.8;801(27)(a) would be amended to add a significance level of 40 

tons or more per year of NOx because NOx is a precursor pollutant that, in 

combination with VOCs, creates ozone. Ozone is not a source emission, but an 

increase in NOx emissions, which is a source emission, is a good surrogate for the 

formation of ozone. A 'significant increase in ozone will be assumed based on a 40 

tpy or more net increase in the potential to emit of NOx. 

ARM 17.8.818(7)(a)(vi) would be amended to add that a net increase of 100 

tons or more per year of NOx, as a precursor to ozone formation; triggers an ambient 

impact analysis. 

The board is also proposing the following amendment concerning particulate 

matter smaller than 2.5 microns, referred to as PM-2.5: 

ARM 17.8.801(27)(a), would be amended by substituting "nitrogen oxides" for 

"nitrogen dioxide (N02)" as a precursor to PM-2.5 formation. In that subsection, a 

net emissions increase or potential to emit of 40 tons per year of NOx would cause a 

source to be considered major for PM-2.5 for the purpose of triggering PSD review. 

The use of "nitrogen dioxide (N02)" was a mistake when the rule was adopted in 

September 2011. The board intended to use "nitrogen oxides," which include the 

sum of nitric oxide and nitrogen dioxide in the flue gas or emission point because 

they are precursors to the formation of PM-2.5, and the board is proposing to correct 

that mistake. 

The board is also proposing to amend portions of rules listed above for 

consistency of language when referring to sulfur dioxide (S02) and nitrogen oxides 

(NOx). The proposed amendments would match the comparable language provided 

in the Code of Federal Regulations (CFR). These proposed amendments are not 

intended to change the substance of these rules. 

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 12, 2012. 

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

· · before that date. · 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

11-6/7/12 MAR Notice No. 17-334 
-1102-

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes the name, ema ii, 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· . I 

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 rnine 

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

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

Reviewed by: 

Isl David Rusoff 

DAVID RUSOFF 

Ru le Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

BY: Isl Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H., 

Chairman 

Certified to the Secretary of State, May 29, 2012. 

MAR Notice No. 17-334 11-6/7112 
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t~gov.~ DEPARTMENT OF ENVIRONMENTAL QUALITY 

Home » Director's Office » Legal Unit » Notices With Hearing 

Administrative Rules of Montana 

Notices of Proposed Rulemaking with Hearing 

Public Hearing 

Date 

1:30p.m. 

July 12, 2012 

11:00 a.m. 

July 12, 2012 

1:30 p.m. 

March 2, 2012 

Where 

Conference 

Room, 

Agency 

Legal 

Services, 

Department 

of Justice, 

1712 Ninth 

Avenue, 

Helena, 

Montana 

Room 35, 

Metcalf 

Building, 

1520 East 

Sixth 

Avenue, 

Helena, 

Montana 

Room 111, 

Metcalf 

Building, 

1520 East 

Sixth 

Avenue, 

Helena, 

Montana 

Comment 

Due Date 

5:00 p.m. 

July 12, 

2012 

5:00 p.m. 

July 12, 

2012 

5:00 p.m. 

March 8, 

2012 

Purpose 

Notice of Public Hearing 

on Proposed Amendment 

and Repeal (Reclamation, 

Water Quality, Subdivisions, CECRA, 

Underground Storage 

Tanks - Degartment 

Circular DEQ-7, 

Definitions, 

Incorgorations by 

Reference, C-3 

Classification Standards, 

General Treatment 

Standards, and General 

Prohibitions, and the 

Regeal of Rules 

Pertaining to Water-Use 

Classification and 

Descrigtions for Ponds 

and Reservoirs 

Constructed for the 

Disgosal of Coal Bed 

Methane Water and G-1 

Classification Standards - MAR Notice No. 17-335) 

Notice of Public Hearing 

on Proposed Amendment 

(Air Quality - Definitions 

and Review of Major 

Stationa[l". Sources and 

Major Modifications--: 

Source Agglicability and 

Exemgtions - MAR Notice 

No. 17-334) 

Notice of Public Hearing 

on Proposed Amendment 

(Public Water and 

Sewage System 

Reguirements - Treatment Reguirements, 

Control Tests, Testing 

and Samgling Records 

and Regorting 

Reguirements, 

Definitions, Incorgoration 

by Reference, CrossConnections: RegulatoQ'.'. 

http://deq.mt.gov/dir/legal/hearing.mcpx 

rage I or IS 

6/5/2012 
) 

) 

Montana Department of 

ENVIR.(Q)NMJENT AJL QU AUTY Brian Schweitzer, Governor 

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

DATE: June 8, 2012 

TO: Air Interested Parties 

FROM: MT-DEQ Air Resources Management Bureau 

RE: Notice of Public Hearing for ARM rule change July 12, 2012 at 11 :00 a.m. 

Room 35, Metcalf Building, 1520 East 5th Ave, Helena, MT 59601 

This rulemaking is intended to update Montana's rules to incorporate requirements for 

major source permitting regarding the airborne emissions of ozone. Interested parties 

may view the notice at the Department's website 

http://deq.mt.gov/dir/legal/hearing.mcpx or may obtain a copy of the notice by calling the 

Department at 406-444-3490. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
) 

) 

-1098-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17 .8.801 and 17.8.818, pertaining to ) 

definitions and review of major stationary) 

sources and major modifications-source) 

applicability and exemptions ) 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On July 12, 2012, at 11 :00 a.m., the Board of Environmental Review will 

hold a public hearing in Room 35, 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., June 18, 2012, to advise us of the 

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

Department of Environmental Quality, P .0. 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;8.801 DEFINITIONS In this subchapter, the following definitions apply: 

(1) through (19) remain the same. 

(20) "Major modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in a significant 

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

excluding hazardous air pollutants, except to the extent that such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

· 108(a)(1) of the FCAA. 

(a) Any net emissions increase that is significant for volatile organic 

compounds or N011 will be considered significant for ozone. 

(b) through (21 )(d) remain the same. 

(22) The following apply to the definition of the term "major stationary 

source": 

(a) through (a)(iii) remain the same. 

(b) A major source that is major for volatile organic compounds or N.Qx will be 

considered major for ozone. 

(c) through (24)(g) remain the same. 

(25) "Nitrogen Oxides" or "NOl!:" means the sum of nitric oxide and nitrogen 

dioxide in the flue gas or emission point. 

(25) and (26) remain the same, but are renumbered (26) and (27). 

~ C28l The following apply to the definition of the term "significant": 

MAR Notice No. 17-334 11-6/7/12 

r 
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(a) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that .. )" 

. would equal or exceed any of the following rates: 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides (NOx}: 40 tpy 

Sulfur dioxide (S02): 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

15 tpy of PM-10 emissions 

PM-2.5: 10 tpy. of direct PM-2.5 emissions, 40 tpy of sulfur dioxide~ emissions, 

or 40 tpy of Ritr:egeA die~dee (N02) nitrogen oxides (NOx). emissions unless 

demonstrated not to be a PM-2.5 precursor . 

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 1 O tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 1 o-s megagrams per year 

(3.5 * 10-6 tpy) . 

Municipal waste combustor metals (measured as particulate matter): 14 

megagrams per year (15 tpy) · 

Municipal waste combustor acid gases (measured as sulfur dioxide~ and ) 

. hydrogen .chloride): 36 megagrams per year (40 tpy) 

(b) "significant" means, in reference to a net emissions. increase or the 

potential of a source to emit a pollutant subject to regulation under the FCM, that 

~ (28)(a) does not list any emissions rate. This does not include hazardQus air 

pollutants; except to the extent that such hazardous air pollutants are regulated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA. 

(c) Notwithstanding ~ (28)(a), "significant" means any emissions rate or 

any net emissions increase associated with a major stationary source or major 

modification, which would construct within 10 kilometers of a Class I area, and have 

an impact on such area equal to or greater than one μg/m3 (24-hour average). 

(28) and (29) remain the same, but are renumbered (29) and (30). 

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

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

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 a proposed major stationary source or major 

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

particular pollutant, if: 

11-6/7/12 MAR Notice No. 17-334 ) 
) 

) 

-1100-

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

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

·area, air quality impacts less than the following amounts: 

(i) through (v) remain the same. 

(vi) ozone: no de minimus air quality level is provided for ozone. However, 

any net increase of 100 tons per year or more of volatile organic compounds Q[ 

nitrogen oxides subject to this subchapter requires an ambient impact analysis, 

including the gathering of ambient air quality data; 

(vii) through (c) remain the same. 

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

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

REASON: The board is proposing amendments to Montana's prevention of 

significant deterioration (PSD) rules to conform the rules to amendments to federal 

regulations by the federal Environmental Protection Ag~ncy (EPA) in 2005. The 

federal Clean Air Act, 42 USC 7401through7671q (CAA), directs each state to 

assure that air quality in that state meets minimum standards applicable across the 

nation. The CAA directs the EPA to establish National Ambient Air Quality 

Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on 

public health and welfare. Pursuant to the CAA, EPA has authorized the state of 

Montana to regulate major sources in the state. For Montana to retain this authority, 

the board is required to adopt the minimum standards applicable to major source 

· emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 

use 7410(C). 

On November 29, 2005, EPA published regulations regarding the 

implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations 

required revisions to state programs for major source permitting. One of the 

requirements in the EPA regulations was to address ozone formation by regulating 

precursor pollutants. "Precursor pollutants" are pollutants that combine to form 

another pollutant. The federal regulations include nitrogen oxides (NOx) that react 

with volatile organic compounds to form ozone. In a decision published on May· 19, 

2011, in the Federal Register at 76 FR 28934, EPA found Montana's PSD rules for 

ozone inadequate because the rules do not address NOx as a precursor pollutant for 

ozone. The proposed amendments in this notice would address EPA's concerns 

and make Montana's rules for PSD permits adequate to implementing the 1997 8-

hour ozone NAAQS. 

Generally, the proposed amendments to the rules would add NOx as a 

precursor pollutant that contributes to the formation of ozone. The department and 

applicants for permits to construct or modify major sources would be required to 

analyze the applicability of PSD requirements based on NOx as a precursor to 

ozone. The following are brief descriptions of the proposed amendments: 

ARM 17 .8.801 (20)(a) would be amended by modifying the de~nition of "major 

modification," adding NOx as a precursor pollutant for ozone when NOx emissions 

exceed a significance threshold. 

ARM 17.8.801 (22)(b) would be amended to add NOx as a precursor to ozone, 

MAR Notice No. 17-334 11-6/7/12 
-1101-

triggering consideration of a source as "major'' for ozone when the source ern its or 

has the potential to emit 100 tons per year of NOx. 

ARM 17 .8.801 (25) would be amended by adding a definition of the term ) 

nitrogen oxides or NOx, defining it as the sum of nitric oxide and nitrogen dioxide in 

the flue gas or emission point. 

ARM 17.8.801(27)(a) would be amended to add a significance level of 40 

tons or more per year of NOx because NOx is a precursor pollutant that, in 

combination with VOCs, creates ozone. Ozone is not a source emission, but an 

increase in NOx emissions, which is a source emission, is a good surrogate for the 

formation of ozone. A"significant increase in ozone will be assumed based on a 40 

tpy or more net increase in the potential to emit of NOx. 

ARM 17.8.818(7)(a)(vi) would be amended to add that a net increase of 100 

tons or more per year of NOx. as a precursor to ozone formation; triggers an ambient 

impact analysis. 

The board is also proposing the following amendment concerning particulate 

matter smaller than 2.5 microns, referred to as PM-2.5: 

ARM 17.8.801(27)(a), would be amended by substituting "nitrogen oxides" for 

"nitrogen dioxide (N02)" as a precursor to PM-2.5 formation. In that subsection, a 

net emissions increase or potential to emit of 40 tons per year of NOx would cause a 

source to be considered major for PM-2.5 for the purpose of triggering PSD review. 

The use of "nitrogen dioxide (N02)" was a mistake when the rule was adopted in 

September 2011. The board intended to use "nitrogen oxides," which include the 

sum of nitric oxide and nitrogen dioxide in the flue gas or emission point because ) 

they are precursors to the formation of PM-2.5, and the board is proposing to correct . 

that mistake. 

The board is also proposing to amend portions of rules listed above for 

consist~ncy of language when referring to sulfur dioxide (S02) and nitrogen oxides 

(NOx). The proposed amendments would match the comparable language provided 

in the Code of Federal Regulations (CFR). These proposed amendments are not 

intended to change the substance of these rules. 

· 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 .0. 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 12, 2012. 

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

before that date. · 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

11-6/7/12 MAR Notice No. 17-334 ) 
.) 

) 

) 

-1102-

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes the name, email, and mailing address of the person to receive notices and specifies that the 

person wishes to receive notices regarding: air quality; hazardous waste/waste oil· . asbestos control; water/wastewater treatment plant operator certification; solid ' 

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

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

reclamation; strip mine reclamation; subdivisions; renewable energy 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 a request form at any rules hearing held by the board. 

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

. Reviewed by: 

Isl David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

BY: /s/ Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H., 

Chairman 

Certified to the Secretary of State, May 29, 2012. 

MAR Notice No. 17-334 11-6/7/12 
Air Interested Parties Mailing 

June 8, 2012 

Email Address Name 

-) . 2horses@nemontel.net Debbie Madison 

Sfriendlyfish@bresnan.net Jack & Pamela Emara 

Abbie.Krebsbach@mdu.com Abbie Krebsbach 

aclark27@bloomberg.net Aaron Clark 

adam.poll@tetra.tech.com Adam Poll 

afanderson@fs.fed.us Anna Anderson 

ahedges@meic.org Anne Hedges 

ahenolson@trinityconsultants.com Anna Henolson 

alexanderrr@cdm.com Bob Alexander 

altmannscott@yahoo.com Scott Altmann 

andrea.perez@hexion;com Andrea 

apack@all4inc.com Amy Pack 

a rtr@aes4home.com art ratcliffe 

astecpermits@gmail.com ·Catherine 

aussie_northcott@hotmail.com robe rt 

Ayala.Kathy@epamail.epa.gov Kathy Ayala 

azzie_301@hotmail.com k 

bacttracking@bdlaw.com Alex Mesmer 

barrettmaureen@stanleygroup.com Maureen 

bayxie@aol.com eddy 

bdhohn@hohneng.com Brian Hohn 

) bdundas@truecos.com Bob Dundas 

beamman6056@msn.com Anderson 

benjamin.recker@tetratech.com Ben Recker 

berrysoup@yahoo.com bonita 

bettylu@blackfoot.net Jim Young 

bhabeck@mt.gov Bob Habeck 

bholland@crowleylaw.com B. Holland 

bigsky4ever@bresnan.net Henry Banuelos Sr 

bjohnson@summite.com Bruce Johnson 

blaise.leblanc@hotmail.com Blaise Leblanc 

blakecrk@gmail.com Krista Evans 

bml@stateside.com Becky Lukaesko 

bmontgomery@montana-wcc.com Bob Montgomery 

bob.vantuyl@ashgrove.com Bob Vantuyl 

boschleicher@mt.gov Bob Schleicher 

bret@bison-eng.com Bret Gallo 

brian.mchugh@tetratech.com Brian McHugh 

brianna@clarkfork.org Brianna Randall 

Brianne_dugan@baucus.senate.gov Brianne Dugan 

brinda@serafinatechnical.com Brinda Ramanathan 

brogers@newfield.com Brad Rogers 

) Bruce.Krepley@naes.com Bruce Krepley 

bschmidt@co.missoula.mt.us Ben Schmidt 

bsoamj@3rivers.net Mary Jane McGarity 
Air Interested Parties Mailing 

June 8, 2012 

BSquires@nicnd.com Bruce Squires 

Bstevenson@rosipower.com Bruce Stevenson YELP 

bsublasky@emsl.com ben 

bullorj@bp.com Robin Bullock ) 

burns.betsy@epa.gov Betsy Burns 

bvaughn@montana.com Barbara Vaughn 

c2 nites2000@yahoo.com Kermit Snow 

ca lvin.e.kidney@wellsfargo.com Calvin Kidney 

cartoonsmart@mac.com Buddy Rogers 

cash1230@esaphaseone.com John Meyers 

cathyl@bkbh.com Cathy Laughner 

cboe@mt.gov Chris Boe 

cefarms@tetonwireless.net Chad Dohney 

.cflanders@nobleenergyinc.com Catherine Flanders 

cgernand@mt.gov Candice Gernand 

cha lbert@landa u inc.com Chip Halbert 

chenine.wozniak@ch2m.com Chenine Wozniak 

chomer@mt.gov Charles Homer 

chowchowizclee@hotmail.com Chelsea Lee 

ch uck@netentrust.com chuck 

chuckp@cskt.org Chuck Page 

cindy_buschman@mccormick.com Cindy Buschman 

cindymed@hotmail.com Cindy 

claseur@plainsjustice.org Carrie La Seur ) clcolclasure@hollandhart.com Chris Colclasure 

cmhd@midrivers.com Mike Rinaldi 

cmrcd@midrivers.com Monty L Sealey 

cnuno@billingsclinic.org Crystal Nuno 

cc>ate.carson@epa.gov Carson Coate 

coolnickjr@hotmail.com randy lahey 

coupscounter@yahoo.com David saylor 

cpowell@ltenv.com ·chad Powell 

cranecreationsl@yahoo.com Julia Crane 

crose@3rivers.net Corrine Rose 

d.keane@bresnan.net Senator Keane 

dan.corti@mso.umt.edu Dan Corti 

darrell.soyars@avistacorp.com Darrell Soyars 

dave.burnett99@hotmail.com dave burnett 

daveduttonfraser@yahoo.com dave 

davew@kirkwoodcompanies.com Dave 

david_long@eogresources.com David Long 

dblank@ncpa.org Danielle Blank 

dbusby@montanarefining.com Dext.er Busby 

dcowan@mt.gov Devin Cowan 

dcquickdraw@gmail.com Devin Cowan ) debbies_design@yahoo.com Debra Vetter 

deborah.perry@oneok.com Deborah Perry 
Air Interested Parties Mailing 

June 8, 2012 

detroit03mm@yahoo.com Mike 

dhart@cleanair.com Dean Hart 

.·) dhrubes@midrivers.com David Hrubes 

diannalin@msn.com Dianna Lintner 

djohnsonhorne@barrick.com Deborah Johnson-Horne 

dlambrecht@jbrenv.com David Lambrecht 

dlorenzen@pioneer-technical.com Diane Lorenzen 

dmunson@mt.gov Darren Munson 

dmyran@montana-wcc.com Darrel Myran 

dnunn@fs.fed.us David Nunn 

donald.may@tetratech.com Don May 

dpaulsen@ala-nr.org Dick Paulsen 

d pavuk@crowleylaw.com D.Pavuk 

dpowers@summite.com Dan Powers 

drusoff@mt.gov Dave Rusoff 

dshonerd@multistate.com David Shonerd 

dsimonson@mt.gov Dave Simonson 

dsimpson@montana-wcc.com Dave Simpson 

dsoehren@bresnan.net Doug Soehren 

dugiejm@hotmail.com Jeff 

dujohnson@mt.gov Dusti 

dustin_northern@omimexgroup.com Dustin Northen 

dvanhyningl@msn.com Dyrck Van Hyning 

) DVizzo.lini@collisionsync.com Dana Vizzolini 

dwalsh@mt.gov Dan Walsh 

dwolfe@mt.gov Deb Wolfe 

ed@mt;net Ed Santos 

edmadler@hotmail.com Edward Madler - APCAC 

edward.hookl@montana.edu ej hook 

eemc@bresnan.net Dave Wang 

eisele.adam@epa.gov Adam Eisele 

elbrunner@gmail.com Erica Brunner 

eleigh@libby.org Erik Leigh 

emcrae@fageninc.com Edward McRae 

emerchant@mt.gov Eric Merchant 

emilieboyles@yahoo.com emilie boyles 

eric.detmer@cldpk.com Eric Detmer 

ericb@rfpco.com Eric Bornhorst 

esa@platts.com Esa 

fcrowley@doneylaw.com Frank Crowley 

finanzaspersonales@adinet.com.uy Astragala 

fotto@ups.com Friedhelm Otto 

frank@shumaker.psemail.com frank 

gaila_consulting@msn.com Gail Abercrombie 

) gamefreak1261@yahoo.com gamefreak 

gcm@sierraresearch.com Gabe McAuliffe 

geraldschlosser@benefis.org Gerald Schlosser 
Air Interested Parties Mailing 

June 8, 2012 

gmcgann@co.carbon.mt.us Gregory McGann 

G reg.brown@chsinc.co.m Greg Brown 

grodway@bison-eng.com Grant Rodway 

guy@axmen.com guy hanson ) 

hbedbury@montanarefining.com Hadley Bedbury 

hbruner@mt.gov Heidy Bruner 

hector. ybanez@holcim.com Hector Ybanez 

hestmark.martin@epa.gov Martin Hestmark 

hhsgreengroup@gmail.com HHS Green Group 

hkaiser@hydrometrics.com Heidi Kaiser 

hpeterson@mtech.edu Holly Peterson 

hrash@mt.gov · Hoby Rash 

hrobbins@bison-eng.com Hal Robbins 

hthigpen@mt.gov Helen Thigpen 

info@kakuk.com Michael Kakuk 

info@lion.com Lion Technologies 

info@northernplains.org Northern Plains Resource Council 

Jackie.Flikkema@Kniferiver.com Jackie Flikkema 

jackross@nemontel.net Jack Ross 

Jagadeesan.Sethuraman@whiting.com Jagadeesan Sethuraman 

ja hughes@mt.gov Jim Hughes 

jajehn@marathonoil.com John Jehn 

· jake.weirich@edaw.com Jake Weiriich 

jakenny@mt.gov Jake Kenny ) james.makowecki@taqa.ca James Makowecki 

ja mie.christopher@aecom.com Jamie Christopher 

jamiew@slservlces.net Jamie Whiteman 

javid@mod2.com Javid Nia 

jcarlin@mt.gov Jim Carlin 

jcarlson@co.missoula.mt.us Jim Carlson 

jchaffee@bison-eng.com Jeff Chaffee 

jdorris@mt.gov Joshua Dorris 

jean.semborski@conocophillips.com Jean Semborski 

jea nnehallesy@yahoo.com Jeanne 

jeff.briggs@ashgrove.com Jeff Briggs 

jeff@ajaxcomputernetworking.com Jeff 

Jenna_k_02@hotmail.com Jenna Loring 

jennifer.cinq-mars@ang.af.mil Jen 

jennifergoldman@ogap.org Jennifer Goldman 

jenomara@mt.gov Jenny O'Mara 

jerry.dismukes@whiting.com Jerry Dismukes 

jfdowns@babcock.com John Downs 

jford2@mt.gov McCloud (Joe) Ford 

Jiakun.Zhang@stjude.org Jiakun Zhang 

jilesejibril@yahoo.com Ji Iese ) 

jill.linn@wbip.com Jill Linn 

jjahnke@co.missoula.mt.us Josy Jahnke 
Air Interested Parties Mailing 

June 8, 2012 

jmariepatrick@3rivers.net June Patrick 

JM Blanco@marathonpetroleum.com Julius Blanco 

/--) jmerkel@mt.gov Julie Merkel 

jmherbenson@msn.com Jerry Herbenson 

jmparker@pplweb.com Jim Parker 

joanna_547@hotmail.com joanna 

Joe@shumaker.psemail.com Joe Aline 

John@SenatorJohn.net John Brueggman 

john_lei@ibew.org John Lei - APCAC 

john_mcmichael@xtoenergy.com John McMichael 

jon.madison@mdu.com Jon madison 

jo nnysa nty@gmaii.com Jonny Santy 

joseph.w.lierow@exxonmobil.com Joe Lierow 

josephfdepaz@yahoo.com Joseph F. de Paz 

joshua.jua@riverstonehealth.org Joshua 

joystevensl@bresnan;net Joy Stevens 

jrossow@bepc.com Josh Rossow 

jrussell@flathead.mt.gov Joe Russell 

jscott@cherrycreekradio.com Jay Scott 

jugorowski@mt.gov Joe Ugorowski 

jwalsh@wayzpartners.com John Walsh 

Kalle.Kuether@mdu.com Kalle Kuether 

karen@netentrust.com karen 

) kdavid@flathead.mt.gov Kelly David 

kenre@comcast.net Kenneth Reeves 

kgehret@perkinscoie.com Kate Gehret 

khooper@libby.org Kathy Hooper 

Kirby_campbell-rierson@baucus.senate.ge Kirby Campbell 

kirsty_gilmour@hotmail.com Kirsty Gilmour 

kmoore@co.lewis-clark.mt.us Kathy Moore 

korr@mt.gov Katherine Orr 

krandall@fvcc.edu Katie Randall 

ksolberg@anacondadeerlodge.mt.gov Karen Solberg 

ktooke@enerplus.com Kirsti Tooke 

kwalsh@enviroconsult.com Kevin Walsh 

larry@montanasulphur.com Larry Zink 

lclark@fs.fed.us Lori Clark 

leah.bennett@rocketmail.com Leah Bennett 

lee@prrlaw.com Lee Bruner 

lepodal@yahoo.com Debbie Lepo 

Leslie.Holtz@va.gov Leslie Holtz 

lhendley@co.lewis-clark.mt.us L Hendley 

library@crowleylaw.com Crowley Law 

lindsay.spurlock@imerys.com Lindsay Spurlock 

) lisasandoval@contres.com Lisa Sandoval 

lkambham@trinityconsultants.com Latha kambham 

lloken@wpcnd.com Lance Loken 
Air !nterested Parties Mailing 

June 8, 2012 

lmoody@all-llc.com Lee Moody 

lmoral@trinityconsultants.com Lani Moral 

lnguyen@trinityconsu'itants.com Linda Nguyen ) lonnie.fallin@jacobs.com Lonnie Fallin 

Lo raderm@gma ii .com Lora Behlmer 

lpeterson@mt.gov Lisa Peterson 

lstuder@stmaryland.com luke 

lweeks@nemont.net Linda Weeks 

lza nto@mt.gov Lynn Zanto 

· macka_maka@hotmail.com robe rt 

macwilly66@msn.com Representative Mcchesney 

marcellama@cskt.org Marcella Mahseelah 

· Margaret.Zebley@aecom.com Margaret Zebley 

margaret@montanasulphur.com Margaret 

marilyn.tap@riverstonehealth.org Marilyn Tapia 

mark.lin@gmail.com Mark 

mark@aspence.net Mark C. Peterson 

markschaffer57@hotmail.com mark schaffer 

mary.blel@chsinc.com Mary Blel 

mbarton@co.missoula.mt.us· Michael Barton 

m basta@greatfa I ls mt.net Martin Basta 

mbayne@abraxaslusk.com Marc Bayne 

mbrown@ap.org Matt Brown 

mcferrins@mt.net Felecity McFerrins ) mglenn@slawsoncompanies.com Matthew Glenn 

mhillman@trinityconsultants.com Melissa Hillman 

m hoffman@jeffco.mt.gov Michael G. Hoffman II 

Mike.Barnes@northwestern.com Mike Barnes 

m ike.simpson2009@gmail.com Mike Simpson 

miosh_com@yahoo.com Ken Liston 

Mitchell.Leu@plumcreek.com Mitchell Leu 

mlct@mt.net Alec Hansen 

montanabobcat@gmail.com Bob 

mpa@montanapetroleum.org Dave Galt 

mpainter@ci.missoula.mt.us Michael L. Painter 

mpontiff@newfield.com Mike Pontiff 

mraile@montanarefining.com Mike Raile 

mrlambrecht@pplweb.com Mark Lambrecht 

msanchez@samson.com Matthew Sanchez 

msimonich@helenahar.com Mark Simonich 

msthompson@barrick.com Mark Thompson 

mtaudubon@mtaudubon.org Montana Audubon 

muncie1929@itstriangle.com Muncie Morger 

mwignot@hydrometrics.com Michael Wignot 

na ncy _grosulak@xtoenergy.com Nancy Grosulak ) nicholas.hobbs@hussfilters.com Nick 

nickgeranios4317@msn.com Geranios Enterprises Inc 
Air Interested Parties Mailing 

June 8, 2012 

ntownsend2@mt.gov Nathan Townsend 

nturnbull2@gmaii.com Neil Turnbull 

) o barta@mt.gov Oline Barta 

omar _232@cOde.net Smith 

owen.weber@umontana.edu Owen Weber 

parker-christensen.victoria@epa.gov Victoria Parker-Christensen 

Pat.kimmet@chsinc.com Pat Kimmet 

pat@crowleyconsultants.com Pat Crowley 

patty@johnsonlanematerials.com Patty 

paul.a.caruana@gov.mt 

pauldsherrpc@yahoo.com Paul 

pcollins@crowleylaw.com P. Collins 

phippsangela@stanleygroup.com Angela Phipps 

pjsimonich@pplweb.com Pete Simonich 

pknoll@kleinfelder.com Pat Knoll 

pkukay@hotmail.com · PaulKukay 

pmckenzie@stoltzelumber.com Paul R. McKenzie 

ra nda 11.j. richert@conocophillips.com Randall Richert 

rdriear@centurytel.net Ralph Driear 

rdrudick@q.com Rod Drudick 

rebecca@bison-eng.com Rebecca 

rebecca@northernplains.org Rebecca Fischer 

reed.j.marton@conocophillips.com Reed J. Marton 

) rfink@co.carbon.mt.us Rodney Fink 

rgilson@cbmainc.com Robert Gilson 

rgilson@H2Eincorporated.com Robert Gilson 

rgorka@slawsoncompanies.com Ray Gorka 

rhughes@rmsmanagement.com Rose Hughes 

Rick.Walsh@Northwestern.com Rick Walsh 

rkenyon@cgrs.com Randy Kenyon 

roark@imt.net Carol L~e-Roark 

robert.richards.12@us.af.mil Robert Richards 

robertkjeffrey@msn.com Bob Jeffrey 

ron.hyatte@imerys.com Ron Hyatte 

ross.whelchel@northwestern.com Ross Whelchel 

roxrevoredo@hotmail.com 

rr@hayfam.com C.E.Robertson 

rsouthwick@gr-northern.com Rich Southwick 

Runningelkcliff@aol.com Running Elk 

russ.bos@riverstonehealth.org Russ Boschee 

russb@ycchd.org Russ Boschee 

ruthjensen@transcanada.com Ruth Jensen 

RWeimer@stillwatermining.com Randy Weimer 

sabrina_rojas@hotmail.com Sabrina 

) sabskb@gmail.com Scott and Sheree Bombard 

sandy.burns@imerys.com Sandy Burns 

sbassett@blm.gov Susan Bassett 
Air Interested Parties Mailing 

June 8, 2012 

sbombard@natlforests.org Sheree Bombard 

sbrown@aquionix.com Sean Brown 

scoe@mt.gov Stephen Coe 

Shannon.morgan@rosi-boise.com Owen Orndorff-YELP ) 

sharikayz@yahoo.com Shari Kay 

shatten@mt.gov Skye Hatten 

sherry.bursey@anadarko.com Sherry 

shsullivan@westernsugar.com Shawn Sullivan 

sjohnson@co.cascade.mt.us Sandy Johnson 

smason@hydrometrics.com Scott Mason 

smullins@industrialinfo.com Shane Mullins 

snowakowski@mt.gov Sonja Nowakowski 

sobrien@oasisemission.com Shawna O'Brien 

solsen@mt.gov Sandi Olsen 

srubino@sc.rr.com srubino 

stellaholt@live.com Stella 

stevew@bkbh.com Steve Wade 

susanalise@cox.net Susan 

swright@cfaluminum.com Steve Wright 

szehntner@mt.gov Steve Zehntner 

tashiajadelove@gmail.com Tashia Love 

taylor@theoutlawpartners.com Taylor Anderson 

tbrown1937@bresnan.net thomas brown 

tdzomba@fs.fed.us Thomas Dzomba 

teverts@mt.gov Todd Everts ) 

themonta napost@gmaii.com Blake de Pastino 

·thomas.nelson@stantec.com Tom Nelson 

thomas.pick@mt.usda.gov Thomas Pick 

tiphlmiller@yahoo.com Tiphanie Keefe 

tjewett@NPCA.ORG Tony Jewett 

tjlkmd@gmail.com Kathy Drudick 

tkircher@stillwatermining.com Tom Kircher 

tmerrill@aquionix.com Teresa Merrill 

todd.mortag@ang.af.mil Todd E. Mortag 

todd.rudolph@aecom.com Todd 

todg@cordite.com Tod Glenn 

tomdavis@wispwest.net T. Davis 

townofalberton@blackfoot.net Diane Jodsaas 

traciebuhl@fs.fed.us Tracie 

trentb@townpump.com Trent Biggers 

twidboom@barr.com Tony Widboom 

victor.m.dugan@exxonmobil.com Victor M. Dugan 

videtich.callie@epa.gov Callie Videtich 

walkers@ci.billings.mt.us Scott Walker 

Wburget@peabodyenergy.com Wanda Burgett ) whitem@dawsoncountymail.com Mike While 

william.thompson@northwestern.com Bill Thompson 
) 

) 

wjacobs@flathead.mt.gov 

wlneumiller@pplweb.com 

wlreynolds@bresnan.net 

woodwardjj@cdm.com 

wwalsh2@mt.gov 

wwmercer@hollandhart.com 

yoonyoung.choi@mcdean.com 

Air Interested Parties Mailing 

June 8, 2012 

Wendee Jacobs 

Bill Neumiller 

William Reynolds 

Jesse. Woodward 

Whitney Walsh 

bill mercer 

Yoonyoung Choi 
Barta, Oline 

Distribution List Name: Interested Parties not on Lyris 

Members: 

Bud Clinch 

Carol Kenney 

Cathy Atkins 

Cliff Runningelk 

Don Potts 

Don Powers 

Erik Suffridge 

John Sesso 

Lori Bocchino 

MikeEllitt 

Mike Philbin 

Mikel Siemens 

R. Daniel 

Rick Larson 

Stephen T. Smith 

Tim Roark 

William Rogers 

) 

) 

mtcoal@aol.com 

carolsrainbow@aol.com 

cathy.atkins@rma.army.mil 

runningelkcliff@aol.com 

don.potts@cfc.umt.edu 

dpowers@bsb.mt.gov 

erik.suffridge@mt.usda.gov 

jsesso@bsb.mt.gov 

lbocch@wyo.gov 

plessie.ellitt@usmc.mil 

Mike_Philbin@blm.gov 

mikel@rlkhydro.com 

rdaniel@rc.mt.gov 

ricklarson@bsb.mt.gov 

stephentsmith@earthlink.net 

Tim.Roark@gallatin.mt.gov 

william. rogers@deq.idaho.gov 
STEPHEN BLANKENSHIP FORD 

925 L ST STE 390 

SACRAMENTO, CA 95814 

) 

JAMES FLANSBURG 

HAYS LODGE POLE SCHOOLS 

BOX110 

HAYS, MT 59527 

LYNN HILL 

MSE-HKM INC 

POBOX7010 

SHERIDAN, WY 82801 

BOB KELLY 

INTERTEC 

619 SW HIGGINS STE S 

MISSOULA, MT 59803 

JOHN MCKENNA 

ETS INTERNATIONAL 

1401 MUNICIPAL RD NW 

ROANOKE, VA 24012-1309 

,) 

FRED STEELE 

CSKT TRIBAL HEALTH 

BOX880 

ST IGNATIUS, MT 59865 

GERALD WAGNER 

BLACKFEET TRIBAL 

POBOXZ029 

BROWNING, MT 59417 

) 

DALE COCKRELL 

. CHRISTENSEN MOORE COCKRELL 

POBOX7370 

KALISPELL, MT 59904-0370 

PEGGY FRUIT 

TOWN OF BROADUS 

POBOX659 

BROADUS, MT 59317 

TAMMY JOHNSON 

ENVIRONOMICS INC 

PO BOX 1026 . 

WHITEHALL, MT 59759 

JERRY KNUTSON 

WEST TECH SUPPLY & SERVICES 

POBOX80711 

BILLINGS, MT 59108 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

110 12TH AVE SW 

SIDNEY, MT 59270 

LILA TAYLOR 

HC42BOX595 

BUSBY, MT 59016 

BARBDOWSKI 

REG MANAGER QWEST EH & S 

1855 S FLATIRON COURT 

BOULDER, CO 80301 

JOHN GERHART 

POBOX283 .~ 

BELT, MT 594121 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY, MT 59634 

MICHAEL J LUCIANO 

·FARM HARVESTING OF EUREKA 

POBOX1050 

EUREKA, MT 59917 

JIM RAMAKER · 

POBOX760 

CHOTEAU, MT 59422 

NEIL TURNBULL 

POBOX404 

BROCKTON, MT 59213 
) 

) 

-1098-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.801and17.8.818, pertaining to ) 

definitions a·nd review of major stationary) 

sources and major modifications--source) 

applicability and exemptions ) 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On July 12, 2012, at 11 :00 a.m., the Board of Environmental Review will 

hold a public hearing in Room 35, 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., June 18, 2012, 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: 

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: 

(1) through (19) remain the same. 

(20) "Major modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in a significant 

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

excluding hazardous air pollutants, except to the extent that such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

108(a)(1) of the FCAA. 

(a) Any net emissions increase that is significant for volatile organic 

compounds or NOx will be considered significant for ozone. 

(b) through (21)(d) remain the same. 

(22) The following apply to the definition of the term "major stationary 

source": 

(a) through (a)(iii) remain the same. 

(b) A major source that is major for volatile organic compounds or NO~ will be 

considered major for ozone. 

(c) through (24)(g) remain the same. 

(25) "Nitrogen Oxides" or "NO~" means the sum of nitric oxide and nitrogen 

dioxide in the flue gas or emission point. 

(25) and (26) remain the same, but are renumbered (26) and (27). 

~ (28) The following apply to the definition of the term "significant": 

MAR Notice No. 17-334 11-617/12 
-1099-

(a) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the follo_wing rates: ) 

Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides .(NQJ: 40 tpy 

Sulfur dioxide (S02): 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

15 tpy of PM-1 O emissions 

PM-2.5: 10 tpy of direct PM-2.5 emissions, 40 tpy of sulfur dioxide~) emissions, 

or 40 tpy of nitrogen dioxide (N02) nitrogen oxides (N00 emissions unless 

demonstrated not to be a PM-2.5 precursor 

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 1 o-S megagrams per year 

(3.5 * 10-6 tpy) 

Municipal waste combustor metals (measured as particulate matter): 14 

megagrams per year (15 tpy) ) 

Municipal waste combustor acid gases (measured as sulfur dioxide~ and · 

hydrogen chloride): 36 megagrams per year (40 tpy) 

(b) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit a pollutant subject to regulation under the FCM, that 

~ (28)(a) does not list any emissions rate. This does not include hazardous air 

pollutants, except to the extent that such hazardous air pollutants are regulated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA. 

(c) Notwithstanding~ (28)(a), "significant" means any emissions rate or 

any net emissions increase associated with a major stationary source or major 

modification, which would construct within 10 kilometers of a Class I area, and have 

an impact on such area equal to or greater than one μg/m3 (24-hour average). 

(28) and (29) remain the same, but are renumbered (29) and (30). 

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

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

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 a proposed major stationary source or major 

modification from the requirements of ARM 17 .8.822, with respect to monitoring for a 

particular pollutant, if: ) 

11-6/7/12 MAR Notice No. 17-334 
) 

) 

-1100-

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

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

area, air quality impacts less than the following amounts: 

(i) through (v) remain the same. 

(vi) ozone: no de minimus air quality level is provided for ozone. However, 

any net increase of 100 tons per year or more of volatile organic compounds or . - nitrogen oxides subject to this subchapter requires an ambient impact analysis, 

including the gathering of ambient air quality data; 

(vii) through (c) remain the same. 

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

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

REASON: The board is proposing amendments to Montana's prevention of 

significant deterioration (PSD) rules to conform the rules to amendments to federal 

regulations by the federal Environmental Protection Agency (EPA) in 2005. The 

federal Clean Air Act, 42 USC 7401 through 7671q (CAA), directs each state to 

assure that air quality in that state meets minimum standards applicable across the 

nation. The CAA directs the EPA to establish National Ambient Air Quality 

Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on 

public health and welfare. Pursuant to the CAA, EPA has authorized the state of 

Montana to regulate major sources in the state. For Montana to retain this authority, 

the board is required to adopt the minimum standards applicable to major source 

emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 

USC 7410(C). 

On November 29, 2005, EPA published regulations regarding the 

implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations 

required revisions to state programs for major source permitting. One of the 

requirements in the EPA regulations was to address ozone formation by regulating 

precursor pollutants. "Precursor pollutants" are pollutants that combine to form 

another pollutant. The federal regulations include nitrogen oxides (NOx) that react 

with volatile organic compounds to form ozone. In a decision published on May 19, 

2011, in the Federal Register at 76 FR28934, EPA found Montana's PSD rules for 

ozone inadequate because the rules do not address NOx as a precursor pollutant for 

ozone. The proposed amendments in this notice would address EPA's concerns 

and make Montana's rules for PSD permits adequate to implementing the 1997 8-

hour ozone NAAQS. 

Generally, the proposed amendments to the rules would add NOx as a 

precursor pollutant that contributes to the formation of ozone. The department and 

applicants for permits to construct or modify major sources would be required to 

analyze the applicability of PSD requirements based on NOx as a precursor to 

ozone. The following are brief descriptions of the proposed amendments: 

ARM 17 .8.801 (20)(a) would be amended by modifying the definition of "major 

modification," adding NOx as a precursor pollutant for ozone when NOx emissions 

exceed a significance threshold. 

ARM 17.8.801(22)(b) would be amended to add NOx as a precursor to ozone, 

MAR Notice No. 17-334 11-6/7/12 
-1101-

triggering consideration of a source as "major" for ozone when the source emits or 

has the potential to emit 100 tons per year of NOx. 

ARM 17.8.801(25) would be amended by adding a definition of the term -) 

nitrogen oxides or NOx, defining it as the sum of nitric oxide and nitrogen dioxide in 

the flue gas or emission point. 

ARM 17.8.801(27)(a) would be amended to add a significance level of 40 

tons or more per year of NOx because NOx is a precursor pollutant that, in 

combination with VOCs, creates ozone. Ozone is not a source emission, but an 

increase in NOx emissions, which is a source emission, is a good surrogate for the 

formation of ozone. A significant increase in ozone will be assumed based on a 40 

tpy or more net increase in the potential to emit of NOx. 

ARM 17.8.818(7)(a)(vi) would be amended to add that a net increase of 100 

tons or more per year of NOx, as a precursor to ozone formation, triggers an ambient 

impact analysis. 

The board is also proposing the following amendment concerning particulate 

matter smaller than 2.5 microns, referred to as PM-2.5: 

ARM 17.8.801(27)(a), would be amended by substituting "nitrogen oxides" for 

"nitrogen dioxide (N02)" as a precursor to PM-2.5 formation. In that subsection, a 

net emissions increase or potential to emit of 40 tons per year of NOx would cause a 

source to be considered major for PM-2.5 for the purpose of triggering PSD review. 

The use of "nitrogen dioxide (N02)" was a mistake when the rule was adopted in 

September 2011. The board intended to use "nitrogen oxides," which include the 

sum of nitric oxide and nitrogen dioxide in the flue gas or emission point because ) 

they are precursors to the formation of PM-2.5, and the board is proposing to correct 

that mistake. 

The board is also proposing to amend portions of rules listed above for 

consistency of language when referring to sulfur dioxide (S02) and nitrogen oxides 

(NOx). The proposed amendments would match the comparable language provided 

in the Code of Federal Regulations (CFR). These proposed amendments are not 

intended to change the substance of these rules. 

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 12, 2012. 

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

before that date. 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

11-6/7/12 MAR Notice No. 17-334 

) 
') 

) 

) 

-1102-

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes the name, email, and mailing address of the person to receive notices and specifies that the 

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

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

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

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

· reclamation; strip mine reclamation; subdivisions; renewable energy 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 a request form at any rules hearing held by the board. 

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

Reviewed by: 

Isl David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

BY: Isl Joseph W. Russell 

JOSEPH W. RUSSELL, M.P.H., 

Chairman 

Certified to the Secretary of State, May 29, 2012. 

MAR Notice No. 17-334 11-6/7/12 
/) 

BOARD OF ENVIRONMENTAL REVIEW 

Ozone Implementation Rules - Hearing Testimony 

Deb Wolfe - July 12, 2012 

Thank you, Madam Hearings Officer; for the record my name is Debra Wolfe and I am the 

Regulatory Analyst in the Air Resources Management Bureau. I am here to represent the 

Department regarding the Board's proposed amendment of air quality rules. The Board is 

proposing to amend air quality rule provisions in Title 17, Chapter 8, subchapter 8, ARM to 

update requirements for ozone for sources subject to major source permitting rules. 

In July 2011, EPA found Montana's PSD rules inadequate because the rules do not address 

nitrogen oxides (NOx) as a precursor pollutant for ozone. This rulemaking is Montana's 

response to EPA's ozone implementation rule establishing certain requirements for major 

sources. Ozorie is a criteria pollutant for which the EPA has established an ambient standard 

pursuant to the Clean Air Act. In 1997, EPA revised the National Ambient Air Quality Standard 

or "NAAQS" for ozone. 

Ozone is not directly emitted from sources but rather is formed in the ambient air as the result 

of a reaction involving volatile organic compounds (VOC) and nitrogen oxides (NOx) in the 

presence of strong sunlight. voes and NOx are emissions from sources, therefore, voe and 

NOx are considered ozone "precursor" pollutants. Ozone is not currently a problem pollutant 

in Montana and Montana is currently classified as attainment/unclassifiable with respect to the 

1997 ozone NAAQS. 

Montana's rules require a major source to demonstrate that emissions from the proposed 

construction and operation will not cause or contribute to air pollution in excess of any 

maximum allowable increase or maximum allowable concentration for any NAAQS pollutant. 

These proposed amendments would require those demonstrations for ozone precursors VOCs 

and NOx. 

These rules apply to the largest sources and the requirements vary depending on the location 

of the source submitting the application for construction or modification. Following the Ozone 

NAAQS revision in 1997, EPA established a significant emissions rate for Ozone precursors 

(VOCs and NOx) from major sources. Significant Emissions Rates are used to determine 

whether an emissions increase from a proposed source or modification may be excluded from 

permitting review because the proposed source or modification is considered to be minor. 

Additionally the Department encourages the Board to amend certain rules concerning PM-2.5. 

In one instance the Montana PM-2.5 rules incorrectly reference Nitrogen Dioxide, when they 

should refer to Nitrogen Oxides. The notice contains nonsubstantive clerical corrections in 

citations referenced in the statement of reasonable necessity as follows: The reference to 40 

USC 7410(C) should be to 42 USC 7410(a)(2)(C); the reference to 70 CFR 71612 should be to 70 

FR 71612; the reference to the date of a Federal Register notice in which EPA determined 

) Montana's SIP inadequate, rather than May 19, 2011, should be July 22, 2011, and the Federal 

Register citation should be 76 FR 43918, not page 28934. The Department requests the Board 
to make these clerical corrections to the statement of reasonable necessity in the adoption 

notice 

The Department supports the Board's proposed amendments to the rules and requests the 

Board to adopt the amendments as proposed in the notice published in Montana's 

administrative register on June 7, 2012, with the revisions noted in this testimony. 

) 

) 

) 
) 

) 

., f Montana Department of 

-~ JENVIRONMENI.llQUALlTY. Brian Schweit:zer, Governor 

Richard H. Opper, Director 

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

OFFICE MEMORANDUM 

Fil~d with th® 

MONTANA BOARD OF 

To: 

From: 

Re: 

Date: 

Board of Environmental Review , ~~NME~AL REVIEW 

Norm Mullen, DEQ Staff Attorney ,r/7~ ,, ( ./ 

/?I\ "-----·--· This 

·t 

' 

~9<- 7·/~ day o~~..s..;;.· , ~ ·= 1 • a Q . ~ o ock . . 'F4.: 

RB 521 and HB 311 Review for MAR Notice 17-334, n§¥i. "° . ~~:~·~;.- • -· -- • . 

definitions and review of major stationary sources and major modifications--

source applicability and exemptions; NOx as a precursor to ozone 

July 11, 2012 

HB 521 ANALYSIS 

(Comparing Stringency of State Rules to Any 

Comparable Federal Regulations or Guidelines) 

Sections 75-2-111 and 207, MCA, codify the air quality provisions of House Bill 521from the 

1995 legislative session. They require that the Board of Environmental Review (Board), prior to 

adopting a rule to implement the Clean Air Act of Montana that is more stringent than a 

comparable federal regulation or guideline, make certain written findings after a public hearing 

and public comment. 

In this proceeding, in addition to proposing minor editorial revisions that are not intended to have 

any substantive effect, the Board is proposing to amend three subsections of ARM Title 17, 

chapter 8, subchapter 8 that concern the regulation of nitrogen oxides as a precursor to the 

formation of ozone. Those subsections are ARM 17.8.801(20)(a), which, for the purposes of 

determining whether a "major modification" exists, would define a net emissions increase that is 

significant for volatile organic compounds (VOCs) or nitrogen oxides (NOx) as also significant 

for ozone; ARM 17.8.801(22)(b), which would state that a major source that is major for VOCs 

or NOx will be considered major for ozone; and ARM 17.8.818(7)(a)(vi), which would state that, 

for the purpose of exempting a major stationary source or modification from monitoring 

requirements, there is no exclusion as de minimis for ozone, and that an ambient impact analysis 

is required for a net increase of 100 or more tons per year of V OCs or nitrogen oxides. 

These amendments are being proposed to satisfy Montana's obligations under the federal Clean 

Air Act to·submit, to the federal Environmental Protection Agency (EPA), revisions to Montana's 

state implementation plan (SIP) that contain minimum standards applicable to major source 

emissions of a National AmDient Air Quality Standards (NAAQS). pollutant whenever a NAAQS 

is established or revised. 42 USC 741 O(a)(2)(C). 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
BB 521 and HB 311 Memo for Ozone PSD Rulemaking 

in MAR Notice 17-334 (617/12) 

July 11, 2012 

Page2 

EPA's regulations concerning implementation of the 1997 ozone NAAQS in areas that currently 

meet the NAAQS are contained in 40 CPR 51.166, concerning the prevention of significant 

deterioration of air quality (PSD). When that section was amended on November 29, 2005, at 70 

FR 71612, to include NOx as an ozone precursor, states were required to revise their programs 

for major source permitting. Those EPA regulations require states to address, in their SIPs, 

... ozone formation by r:~.gulating precursqr pollutants. "Precursor pqlJutants" are pollutants that 

combine to form another pollutant. EP A's regulations regulate NOx as a precursor that reacts 

with VOCs to form ozone. See, for purposes of the current proceeding, 40 CPR 51.166(b)(2)(ii), 

5 l. l 66(b )(1 )(ii), and 5 l.166(i)(5)(i)(f), fn. 1. 

In a decision published on July 22, 2011, in the Federal Register at 76 FR 43918, 43922, EPA 

disapproved the PSD rules for ozone in Montana's SIP because they do not address NOx as a 

precursor pollutant for ozone. The rule amendments proposed by the Board in this proceeding 

would address EPA's concerns and make Montana's rules for PSD permits adequate to 

implement the 1997 8-hour ozone_ NAAQS. 

Each of the proposed amendments, to ARM 17.8.801(20)(a), ARM 17.8.801(22)(b), and ARM 

17.8.818(7)(a)(vi), uses the same language and imposes the same requirements as the 

comparable federal regulation, 40 CPR 51.166(b)(2)(ii), 51.166(b)(l)(ii), and 51.166(i)(5)(i)(f), 

fn. 1, respectively. Therefore, the proposed amendments are not more stringent than the 

comparable federal regulations, and the requirements of§ 75-2-207, MCA, do not apply. 

HB 311 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. They require that, prior to taking an action that has taking 

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

· damaging impact assessment. 

Section 2-10-104, MCA, requires the Montana Attorney General to develop guidelines, including 

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

implications. 

The present proposed action involves rules affecting use of private real property, and the Board 

has discretion legally not to take the action. 

I have attached a takings checklist indicating that no taking would occur because of the amended 

rule being proposed here. 

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Name of Project: Proposed amendment of ARM 17.8.801and17.8.818, pertaining to definitions and 

review of major stationary sources and major modifications--source applicability and exemptions, as 

proposed in MAR Notice 17-334 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HA VE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRIVATE PROPERTY ASSESSMENT ACT? 

YES NO 

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

private real property or water rights or some other environmental matter? 

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

property? 

x 3. Does the action deny a fundamental attribute of ownership? (ex.: right to exclude others, 

disposal of property) 

x 4. Does the action deprive the owner of all economically viable uses of the property? 

x S. Does the action require a property owner to dedicate a portion of property or to grant an 

easement? [If no, go to (6)). 

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

legitimate state interests? 

Sb. Is the government requirement roughly proportional to the impact of the proposed use of 

the property? 

x 6. Does the action have a severe impact on the value of the property? (consider economic 

impact, investment-backed expectations, character of government action) 

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

the property in excess of that sustained by the publit generally? 

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

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

waterlogged or flooded? 

7c. Has government action lowered property values by more than 30% and necessitated the 

physical taking of adjacent property_ or property across a public way from the property in 

question? 

x Takings or damaging implications? (Taking or damaging implications exist if YES is checked in 

response to question 1 and also to any one or more of the following questions: 2, 3, 4, 6, 7a, 7b, 

7c; or if NO is checked in response to questions Sa or Sb; the shaded areas) 

Signature of Reviewer 

7/11/2012 

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NO PUBLIC COMMENTS WERE RECEIVED FROM THE PUBLIC NOTICE 

ADDRESSING THE MONTANA ADMINISTRATIVE RULE CHANGES 

REGARDING THE AMENDMENT OF ARM 17.8.801AND17.8.818. 

Oline Barta Date 
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

AND THE DEPARTMENT OF ENVIROMENTAL QUALITY 

OF THE STATE OF MONTANA 

In the matter of the amendment of 

ARM 17.8.801and17.8.818 

pertaining to definitions and review 

of major stationary sources and 

major m(}difications - source 

applicability and exemptions 

PRESIDING OFFICER REPORT 

INTRODUCTION 

1. On July 12, 2012, at 11 a.m., the undersigned Presiding Officer 

10 presided over and conducted the public hearing held in Room 35 of the Metcalf 

11 Building, 1520 East Sixth Avenue, Helena, Montana, to take public comment on the 

12 above-captioned proposed amendments. The amendments amend air quality rules to 

13 update requirements for precursors to ozone, volatile organic compounds (VOCs) 

) 14 and nitrogen oxides (NOx). The rulemaking is Montana's response to EPA's ozone 

15 implementation rule establishing certain requirements for major sources. Montana's 

16 rules require a major source to demonstrate that emissions from the proposed 

) 

17 construction and operation of the major source will not cause or contribute to air 

18 pollution in excess of any maximum allowable increase or maximum allowable 

19 concentration for any NAAQS (National Ambient Air Quality Standard) pollutant. 

20 The proposed amendments would require those demonstrations for ozone precursors 

21 VOCs and NOx. Additionally the amendments amend certain rules concerning PM 

22 2.5 such that the rules reference nitrogen oxides instead of nitrogen dioxide. 

23 2. Notice of the hearing was contained in the Montana Administrative 

24 Register (MAR), Notice No. 17-334, published on June 7, 2012, in Issue No. 11 at 

25 pages 1098 through 1102. A copy of the notice is attached to this report. 

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

27 

PRESIDING OFFICER REPORT 

PAGE I 
1 3. The hearing began at 11 a.m. Lesofski Reporting Service recorded the 

2 hearipg. 

3 4. There were no members of the public at the hearing. At the hearing, 

4 the Presiding Officer identified and summarized the MAR notice and read the 

5 Notice of Function of Administrative Rule Review Committee as required by Mont. 

6 Code Ann.§ 2-4-302(7)(a). 

7 SUMMARY OF HEARING 

8 5. Ms. Debra Wolfe, a planner with the Air Resources Management 

9 Bureau within the Montana Department of En:vironmental Quality ("Department") 

10 submitted a written statement and gave a brief oral summary of the amendments at 

11 the hearing. (The written statement is attached.) 

12 

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6. 

7. 

No other testimony or written comments were submitted. 

A written memorandum was submitted from the Department staff 

14 attorney, Mr. Norm Mullen with HB 521 and HB 311 reviews of the proposed 

15 amendments and a Private Property Assessment Act Checklist. (Mr. Mullen's 

16 memorandum is attached to this report.) 

17 8. As to the HB 521 analysis, none of the proposed amendments would 

18 make the state rules more stringent than comparable federal regulations or 

19 guidelines. No further HB 521 analysis is required. 

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

21 Code Ann.§§ 2-10-101through105), the Board is required to assess the taking or 

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

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

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

25 proposed amendments do not have taking or damaging implications under the 

26 Private Property Assessment Act. Therefore, no further assessment is required. 

27 10. The period to submit comments ended at 5 p.m. on July 12, 2012. 

PRESIDING OFFICER REPORT 

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PRESIDING OFFICER COMMENTS 

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

Mont. Code Ann.§§ 75-2-111 and 75-2-203. 

12. The conclusions in the memorandum of Mr. Mullen concerning House 

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

13. The procedures required by the Montana Administrative Procedure 

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

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

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

notice. 

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

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

the Board published the notice of proposed rulemaking in the Montana 

Administrative Register, or by December 7, 2012. 

'/?l 

DATED this /'Y day of September, 2012. 

CSi~/C,__ rirHERfNEJ. ORR 

Hearing Examiner 

Agency Legal Services Bureau 

1712 Ninth Avenue 

P.O. Box 201440 

Helena, MT 59620-1440 

PRESIDING OFFICER REPORT 

PAGE3 
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BEFORE THE BOARD OF ENVIRONMENTAL QUALITY 

OF THE STATE OF MONTANA 

In the matter of the amendment of 

ARM 17.8.801 and 17.8.818, 

pertaining to definitions and 

reviews of major stationary sources 

and major modifications--source 

applicability and exemptions 

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TRANSCRIPT OF PUBLIC HEARING 

Heard at the Department of Environmental Quality 

1520 Sixth Avenue 

Helena, Montana 

July 12, 2012 

11:01 AM 

LISA R. LESOFSKI, RPR 

Lesofski Court Reporting & Video Conferencing 

7 West Sixth Avenue, Suite 2A 

Helena, Montana 59601 

(406)443-2010 
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BEFORE THE BOARD OF ENVIRONMENTAL QUALITY 

OF THE STATE OF MONTANA 

4 In the matter of the amendment of ) 

ARM 17.8.801 and 17.8.818, ) 

5 pertaining to definitions and ) 

reviews of major stationary sources ) 

6 and major modifications--source ) 

7 

8 

9 

10 

applicability and exemptions ) 

TRANSCRIPT OF PUBLIC HEARING 

On the 12th day of July, 2012, beginning 

11 at 11:01 a.m., a public hearing was heard in 

12 Room 35 at the Department of Environmental Quality, 

13 1520 Sixth Avenue, Helena, Montana, before 

14 Katherine Orr, Presiding Officer. 

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The following testimony was taken: 

* * * * * * * * * * 

MS. ORR: This hearing is called to order. 

My name is Katherine Orr, I'm an attorney with 

the Attorney General's Office and I have been 

designated by the Board of Environmental Review 

to preside over this hearing. 

Let the record show it is 11:01 a.m. on 

July 12th. This hearing is taking place in 

Room 35 of the Metcalf Building in Helena, 

Montana. This is the time and place set for 

the rulemaking hearing in the matter of ARM 

17.8.801 and 17.8.818 pertaining to definitions 

and review of major stationary sources and 

major modifications, source applicability and 

exemptions. 

Section 2-4-302(7} of the Montana Code 

Annotated requires me to read the Notice of 

Function of the Administrative Rule Committee, 

it is as follows: 

"Notice of Function of Administrative Rule 

Review Committee. Interim committees and the 

Environmental Quality Council. These interim 

committee and the Environmental Quality Council 

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have administrative rule review, program 

evaluation and monitoring functions for 

executive branch agencies and the entities 

attached to agencies for administrative 

purposes, such as the Board of Environmental 

Review. Economic Affairs Interim Committee, 

the Department of Agriculture, the Department 

of Conunerce, the Department of Labor and 

Industry, the Department of Livestock, the 

Office of State Auditor and Insurance 

Conunissioner and the Off ice of Economic 

Development. The Education and Local 

Government Interim Conunittee, State Board of 

Education, Board of Public Education, Board of 

Regents of Higher Education and Off ice of 

Public Instruction. Children, Families, Health 

and Human Services Interim Conunittee, the 

Department of Public Health and Human Services. 

Law and Justice Interim Committee, the 

Department of Corrections and Department of 

Justice. Energy and Teleconununications Interim 

Conunittee, Department of Public Service 

Regulation. Revenue and Transportation Interim 

Conunittee, Department of Revenue and Department 

of Transportation. State Administration and 

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of Administration, Department of Military 

Affairs and Office of Secretary of State. The 

Environmental Quality Council, Department of 

Environmental Quality, Department of Fish, 

Wildlife and Parks and Department of Natural 

Resources and Conservation. 

"These Interim conunittees and the EQC have 

the authority to make reconunendations to an 

agency regarding the adoption, amendment or 

repeal of a rule or to request that the agency 

prepare a statement of the estimated economic 

impact of a proposal. The interim committees 

and the EQC also may poll the members of the 

legislature to determine if a proposed rule is 

consistent with the intent of the legislature 

or during a legislative session introduce a 

joint resolution directing an agency to adopt, 

amend or repeal a rule." 

"The interim committee 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 existing or proposed 

rules. The mailing address is P.O. Box 201706, 

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Helena, Montana 59620-1706." 

Notice of this hearing was published in 

the Montana Administrative Register under MAR 

Notice 17-334 on June 7th, 2012. 

I am required to summarize the rules and 

given its length I'll just refer to the 

complete copy of the hearing notice and to the 

testimony of the department representative who 

will provide testimony here today. 

Paragraph 4 of the hearing notice 

indicates that interested persons may submit 

their data, views or arguments either orally or 

in writing at this hearing. The notice also 

indicates that individuals may submit written 

data, views or arguments to the Department of 

Environmental Quality and Board of 

Environmental Review no later than 5:00 p.m. on 

July 12th, 2012. To be guaranteed 

consideration mailed comments must be 

postmarked on or before that date. 

The order of presentation of testimony 

will be first the department representatives 

will speak regarding support for the proposed 

amendments and then there will be proponents 

and then opponents. And let's get started. 

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MS. WOLFE: Thank you, Madam Hearings 

Officer. For the record my name is Deborah 

Wolfe and I am the regulatory analyst with the 

Air Resources Management Bureau with the 

Montana D~partment of Environmental Quality and 

I'm here today to represent the Department 

regarding the Board's proposed amendment of air 

quality rules. The Board is proposing to amend 

air quality rule provisions in Title 17, 

Chapter 8, Subchapter 8, Administrative Rules 

of Montana, to update requirements for ozone 

for major sources subject to major source 

permitting rules. 

In July 2011 EPA found Montana's PSD rules 

inadequate because the rules do not address 

nitrogen oxides as a precursor pollutant for 

ozone. This rulemaking is Montana's response 

to EPA's ozone implementation rule establishing 

certain requirements for major sources. Ozone 

is a criteria pollutant for which EPA has 

established an ambient standard pursuant to the 

Clean Air Act. In 1997 EPA revised the Natural 

Ambient Air Quality Standard for ozone. 

Ozone is not directly emitted from sources 

but rather is formed in the ambient air as a 

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result of a reaction involving volatile organic 

compounds and nitrogen oxides in the presence 

of strong sunlight. voes and nitrogen oxides 

are emissions from source, therefore, voe and 

nitrogen oxides are considered ozone precursor 

pollutants. Ozone is not currently a problem 

pollutant in Montana and Montana is currently 

classified as attainment/unclassifiable with 

respect to the 1997 ozone NAAQS. 

Montana's rules require a major source to 

demonstrate that emissions from the proposed 

construction and operation will not cause or 

contribute to air pollution in excess of any 

maximum allowable increase or maximum allowable 

concentration for any NAAQS pollutant. These 

proposed amendments would require those 

demonstrations for ozone precursors voes and 

nitrogen oxides. 

These rules apply to the largest sources 

and the requirements vary depending on the 

location of the source submitting the 

application for construction or modification. 

Following the Ozone National Ambient Air 

Quality Standards revision in 1997, EPA 

established a significant emissions rate for 

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ozone precursors from voes and nitrogen oxides 

emitted by major sources. Significant emission 

rates are used to determine whether an 

emissions increase from a proposed source or 

modification may be excluded from permitting 

review because the proposed source or 

modification is considered to be minor. 

Additionally, the Department encourages 

the Board to amend certain rules concerning 

PM-2.5. In one instance the Montana PM-2.5 

rules incorrectly reference nitrogen dioxide 

when they should refer to nitrogen oxides. In 

addition, the notice contains nonsubstantive 

clerical corrections in citations referenced in 

the statement of reasonable necessity as 

follows: The reference to 40 USC 7410{C) 

should be to 42 USC 7410{a) (2) {~); the 

reference to 70 CFR 71612 should be to 70 FR 

71612; the reference to the date of a Federal 

Register notice in which EPA determined Montana 

SIP inadequate, rather than May 19, 2011 should 

be July 22nd, 2011 and the Federal Register 

citation should be 76 FR 4~918, not page 28934. 

The Department requests the Board to make these 

clerical .corrections to the statement of 

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reasonable necessity in the adoption notice. 

The Department supports the Board's 

proposed amendments in the rules and requests 

the Board adopt the amendments as proposed in 

the notice published in the Montana 

Administrative Register with the notations made 

previously on June 7th, 2012. Thank you. 

MS. ORR: Okay, are there any proponents 

who wish to speak at this time? There 

appearing to be norie and there appearing to be 

no opponents, by virtue of the attendance at 

the hearing this hearing is closed. 

(The hearing was concluded at 

11: 13 a. m. ) 

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C E R T I F I C A T E 

4 I, LISA R. LESOFSKI, Registered 

5 Professional Reporter do hereby certify: 

6 That the proceedings were taken before me 

7 at the time and place herein named, that the 

8 proceedings were reported by me and that the 

9 foregoing -9- pages contain a true record of the 

10 proceedings to the best of my ability. 

11 Dated this 23rd day of July, 2012. 

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Lisa R. Lesofski 

LISA R. LESOFSKI 

NOTARY PUBLIC for the 

State of Montana 

Residing at Helena, Montana 

My Commission Expires 

March 31, 2016 

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Transcript of Public Hearing 

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LESOFSKI COURT REPORTING & VIDEO CONFERENCING 

406-443-2010 

July 12, 2012 

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Transcript of Public Hearing 

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LESOFSKI COURT REPORTING & VIDEO CONFERENCING 

406-443-2010 

July 12, 2012 

(3) revised - 8 
/) 

) 

) 

Montana 

Board of Environmental Review 

P. 0. Box 200901 , Helena, MT 59620-0901 • (406) 444-2544 •Website: www.deq.state.mt.us 

AGENDA 

THURSDAY, SEPTEMBER 27, 2012 

FRIDAY, SEPTEMBER 28, 2012 

METCALF BUILDING, ROOM 111 

1520 EAST SIXTH AVENUE, HELENA, MONTANA 

********************************************************** 

NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the meeting will begin no earlier than the 

time specified; however, the Board might not address the specific agenda items in the order they are scheduled The Board will make 

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

by telephone at (406) 444-6701 or by e-mail at jwittenberg@mt.gov no later than 24 hours prior to the meeting to advise her of the 

nature of the accommodation you need 

THURSDAY, SEPTEMBER 27 

2:30 P.M. 

I. ADMINISTRATIVE ITEMS 

A. REVIEW AND APPROVE MINUTES 

1. July 27, 2012, Board 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 Montana Septage Disposal and Licensure Laws 

by James Vaughn, d/b/a Any Time Septic & Porta-Potty, Lake County, BER 

2011-06 SDL. A Stay of Proceedings was in effect until July 18, 2012. A telephonic 

status conference was held on July 24, 2012, and on July 25, the hearing examiner 

issued Second Scheduling Order. A hearing is scheduled for November 14, 2012. 

b. In the matter of violations of the Public Water Supply laws by the city of Ronan 

Public Water Supply System, PWSID #MT0000318, Ronan, Lake County, BER 

2012-04 PWS. The hearing examiner issued First Scheduling Order on July 17, 2012. 

A hearing is scheduled for January 31, 2013. 

c. In the matter of violations of the Montana Solid Waste Management Act by 

Valley County Refuse District #1 at the Valley County Landfill, Glasgow, BER 

2012-06 SW. The hearing examiner issued First Scheduling Order on July 17, 2012. 

A hearing is scheduled for January 23, 2013. 

2. Contested Cases not assigned to a Hearing Examiner 

a. In the matter of violations of the Opencut Mining Act by Brad Blakeman at the 

Camas Prairie Gravel Pit, Sanders County, BER 2012-01 OC. On July 26, 2012, 

DEQ filed The Department's Motion for Summary Judgment on the Issue of Liability 

and The Department's Brief in Support of Motion for Summary Judgment on the Issue 

of Liability: A telephonic hearing on the motion was held August 30; the appellant did 

not appear. On September 6, DEQ filed The Department's Supplemental Brief in 

Page 1of4 
Support of Motion for Summary Judgment on the issue of Liability requesting the 

Board enter an order granting motion for the summary judgment on the issue of .) 

liability. This matter will proceed to a contested case proceeding. 

b. In the matter of the request for hearing by William E. Smith, on behalf of Mike 

Adkins, regarding Park County's denial to validate Adkins Class III Waste Tire 

Monofill License No. 517, BER 2012-05 SW. On July 11, 2012, the Board received 

Amended Appeal Brief and Petition for Declaratory Ruling from the attorney for 

appellants. At its July 27, 2012, meeting, the Board voted to hear all matters in this 

case. On September 11, 2012, the Board heard oral argument on pending motions; the 

Board granted the pending motion to intervene of Protecting Paradise, and granted a 

motion to stay proceedings until disposition of the Petition for Judicial Review filed in 

the Sixth Judicial District. 

3. Other Contested Case Briefings 

a. In the matter of violations of the Montana Underground Storage Tank Act by 

Jeanny Hlavka, individually and d/b/a J.R. Enterprise, LLC, at the Fort Peck 

Station, Valley County, BER 2010-08 UST. On March 9, 2012, the District Court 

remanded the case back to the Board. On July 9, 2012, attorney for DEQ filed The 

Department's Second Motion for Summary Judgment. The appellants filed Response to 

Second Summary Judgment Motion on July 19, and on July 25, DEQ filed Reply Brief in 

Support of the Department's Second Motion for Summary Judgment. On August 30, DEQ 

filed Motion to Vacate the Schedule pending a Decision on the Department's Second 

Motion for Summary Judgment. A hearing is set for October 25, 2012. 

III.ACTION ITEMS 

A. INITIATION OF RULEMAKING 

DEQ will propose that the Boardinitiate rulemaking to: 

1. Amend ARM Title 17, Chapter 38, Subchapter l, Public Water and Sewer Plans, Cross 

Connections, and Drilling Water Wells, by adding a new rule to address the repair of 

significant deficiencies and add a new line item and fee to the plan review fee tables. The 

proposed new rule would clarify the definition of a significant deficiency and would 

require its repair, with department approval. The proposed amendments to 17.3 8 .I 06 

would create a new line item and associated fee related to water and wastewater sliplining 

projects. The new fees would reduce the costs of those reviews by approximately 40 

percent. 

B. REPEAL, AMENDMENT, OR ADOPTION OF FINAL RULES 

1. In the matter of final adoption of the revision of Circular DEQ-2, Design Standards for 

Municipal Wastewater Collection and Treatment. Included in the revisions to DEQ-2 are 

treatment standards, classifications, and allowable uses for reclaimed wastewater. 

Associated with these reuse standards are proposed rule changes under the Water Quality 

Act and the Public Water Supply Act. · 

2. In the matter of the amendment of water quality standards rules. The department proposes 

to adopt amendments to rules in ARM 17, Chapter 30, subchapters 5, 6, 7, and 10, 

pertaining to mixing zones, surface water quality standards, nondegradation requirements, 

and ground water rules. The department also proposes to adopt amendments to ARM 17, 

) 

Chapter 24, subchapter 6, pertaining to reclamation; ARM 17, Chapter 36, subchapter 3, ) 

BER Agenda Page 2of4 September 27 & 28, 2012 
) 

) 

) 

pertaining to subdivisions; ARM 17, Chapter 55, subchapter 1, pertaining to CECRA; and 

ARM 17, Chapter 56, subchapters 5 and 6, pertaining to underground storage tanks. The 

proposed rulemaking is primarily intended to incorporate new and revised water quality 

standards and required reporting values in Circular DEQ-7 into the rules listed above. 

Proposed changes to ARM 17, Chapter 30, subchapter 6 also includes amendments to 

update definitions, amendments to avoid duplication and inconsistencies with other rules, 

and removal of a water-use classification that is no longer relevant. 

3. In the matter of the amendment of ARM 17.8.801 and 17.8.818 related to ozone 

implementation, pertaining to definitions and review of major stationary sources and 

major modifications as set forth in MAR Notice No. 17-334. 

C. FINAL ACTION ON CONTESTED CASES 

1. In the matter of the appeal and request for hearing by Roseburg Forest Products Co. 

of DEQ's Notice of Final Decision regarding Montana Ground Water Pollution 

Control System Permit No. MTX000099, BER 2010-09 WQ. A telephonic conference 

was held on June 19, 2012, in which the parties indicated they were discussing settlement. 

On July 31, 2012, the parties filed Stipulation for Dismissal. An order dismissing the case 

will be presented for signature. 

2. In the matter of violations of the Public Water Supply Laws by Olson's Lolo Hot 

Springs, Inc. at Lolo Hot Springs, PWSID #MT0000805, Missoula County, BER 2011-

09 PWS. On August 15, the Board received the parties' Stipulation/or Dismissal. An order 

dismissing the case will be presented for signature. 

3. In the matter of violations of the Opencut Mining Act by Ell Dirt Works, LLC, at the 

Gene Foss Pit 1, Richland County, BER 2011-11 OC. On August 30, 2012, the Board 

received Stipulation to Dismiss, signed by the parties. An order dismissing the case will be 

presented for signature. 

4. In the matter of violations of the Water Quality Act by SK Construction, Inc. on US 

Highway 2 near Bainville, Roosevelt County, BER 2011-20 WQ. On September 12, 

2012, the Board received Stipulation for Dismissal signed by the parties. An order 

dismissing the case will be presented for signature. 

5. In the matter of violations of the Opencut Mining Act by the City of Ronan at 

Ronan, Lake County, BER 2011-23 OC. On July 27, the Board received Stipulation to 

Dismiss, signed by the parties. An order dismissing the case will be presented for 

signature. 

6. In the matter of violations of the Opencut Mining Act by Russell Olsen at PaveCo 

Pit, Flathead County, BER 2012-07 OC. The Board received the request for hearing on 

July 11, 2012. DEQ filed Motion to Dismiss on July 13, 2012. On August 30, the hearing 

examiner issued Order on Motion to Dismiss, granting DEQ's motion to dismiss with 

prejudice and providing the petitioner until September 11, 2012, to file written exceptions. 

No exceptions were filed. An order dismissing the case will be presented for signature. 

D. NEW CONTESTED CASES 

1. In the matter of violations of the Montana Strip and Underground Mine 

Reclamation Act by Signal Peak Energy, LLC at Bull Mountain Mine #1, Roundup, 

Musselshell County, BER 2012-08 SM. The Board received the appeal on July 19, 2012. 

On August 6, the interim hearing examiner issued First Prehearing Order, and the parties 

BER Agenda Page 3 of 4 September 27 & 28, 2012 
filed Joint Proposed Hearing Schedule on August 16, 2012. A First Scheduling Order 

was issued on September 13, 2012. The Board may appoint a permanent hearing examiner 

or decide to hear the matter. ) 

2. In the matter of the request for hearing by Hawthorne Springs Property Owners 

Association; H Lazy Heart, LLC; Patchy, Inc.; and other residents regarding 

Opencut Mining Permit No. 2258, issued to Farwest Rock Products, Missoula 

County, BER 2012-09 OC. The Board received the request on August 20, 2012. The 

interim hearing examiner issued First Prehearing Order on August 31, giving the parties 

until September 17, to file a proposed schedule. On September 7, the Board received a 

notice of appearance Pro Se from Farwest Rock Products. The Board may appoint a 

permanent hearing examiner or decide to hear the matter. 

3. In the matter of the request for hearing by Earth Justice, Montana Environmental 

Information Center, Sierra Club, and National Wildlife Federation regarding the 

Administrative Order on Consent issued to PPL Montana, LLC, BER 2012-10 MFS. 

The Board received the request for hearing on September 4, 2012. A First Prehearing Order 

was issued on September 13, 2012. The Board may appoint a permanent hearing 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 

I. HEARING 

FRIDAY, SEPTEMBER 28 

9:00 A.M. 

In the matter of violations of the Opencut Mining Act by Brad Blakeman at the Camas 

Prairie Gravel Pit, Sanders County, BER 2012-01 OC. The Board will hold a contested case 

hearing in this matter. 

II. 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. 

III.ADJOURN 

BER Agenda Page 4 of 4 September 27 & 28, 2012 

) 

) 
) 

) 

BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

OF THE STATE OF MONTANA 

TRANSCRIPT OF PROCEEDINGS 

Heard at Room 111, Metcalf Building 

1520 East Sixth Avenue 

Helena, Montana 

September 27, 2012 

2:30 P.M. 

CHAIRMAN JOE RUSSELL 

Page 1 

MEMBERS: LARRY MIRES, HEIDI KAISER, LARRY ANDERSON, JOE 

WHALEN, MARVIN MILLER. BOARD LIAISON: TOM LIVERS. 

BOARD ATTORNEY: KATHERINE ORR. 

PREPARED BY: SUSAN JOHNSON, RPR 

COURT REPORTER, NOTARY PUBLIC 

P.O. BOX 1192 

HELENA, MONTANA 59624 

(406) 442-8262 

6e40cf95·9bc5-459d-821 c-619f0a1 ba575 
Page 21 

1 water gu~s left. So all tne water guys eft. 

2 MR. LIVERS: Mr. Chairman, th.tt's going tc be 

3 Rod McNeil. So maybe if y:m're okay goi11g out of ore er, 

4 we can gc ahead with the air' rule, and I 11 go round up 

5 the wate1 folks. 

6 CHAIRMAN RUSSELL: That's fine. That would 

7 be great~ We are going to move along and double back on 

B this. So you are going to talk about ARM 17.8.801 and 

9 818. 

10 MS. WOLFE: Thank you, Mr. Chair and Members 

ll of the Board. For the record, my name is Debra Wolfe, 

12 and I work in the Air Resources Management Bureau, the 

13 Montana Department of Environmental Quality. And I'm 

14 here today to represent the department regarding the ) 

15 board's proposed amendment of air quality rules. The 

16 board today is taking action on a proposal to amend Air 

17 Quality Provision 17.8.801, 17.8.818 to update 

lB requirements for ozone for sources subject to major 

19 source permitting rules. As I described in the previous 

20 presentation to request initiation of this rulemaking, 

21 there have been certain changes· to federal requirements 

22 for major sources which necessitated revisions to 

23 Montana's major source permitting program in order to 

24 make it consistent with the federal changes. The board 

25 held a hearing on July 7th, 2011 and provided an 

) 

6e40cf95-9bc5-459d-821 c-619f0a1 ba575 
) 

) 

1 opportunity for public comments. No written or oral 

2 public comment was received and the board has in its 

3 packet a hearings officer report, a draft notice and an 

4 executive summary of this item. 

5 We do, as a department, support the board's 

6 proposed amendments to the rules and we'request the 

7 board adopt what is proposed in the notice published May 

8 26th, 2012. 

9 Thank you. 

10 

11 

12 

13 

14 

15 

CHAIRMAN RUSSELL: Thanks. 

Questions? 

(No response) 

CHAIRMAN RUSSELL: No. All right. There 

were no comments. Is there anyone in the audience that 

would like to speak to this matter before the board 

16 takes it up? 

17 I don't see anyone, Tom. All right. I would 

18 entertain a motion to adopt the rule, accept the 

19 presiding hearing examiner's report and stringency in 

20 taking these requirements. 

21 

22 

23 a second? 

24 

25 

MS. KAISER: I so move. 

CHAIRMAN RUSSELL: Moved by Heidi. Is there 

MR. MIRES: Second. 

CHAIRMAN RUSSELL: It's been moved, and 

Page 22 

6e40cf95·9bc5-459d-821 c·619f0a1 ba575 
1 seconded by Larry. Further discussion? 

2 (No response} 

3 CHAIRMAN RUSSELL: Hearing none, all those in 

4 favor signify by saying aye. 

5 (Response} 

6 CHAIRMAN RUSSELL: Opposed. 

7 (No response} 

8 CHAIRMAN RUSSELL: Motion carries 

9 unanimously. Shall we take a break? 

10 MR. LIVE S: Mr. Chairman, for the record, 

11 Tom Liv rs from the department. We had some onfusion. 

12 I think the folks w ren't aware of 

13 Thursda for the me ting. They're 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(Thereupo , a short beak was taken.} 

CHAIRMAN1 RUSSELL: T e next item 0 the 

I 

agenda 's, doublingj back here, 'm going tot lk about 

amendme ts to the w~ter quality standards rul s. 

MR. MCNE~L' Mr. Cha1rman, Members of the 

Board, y name is Rbd McNeil. ~·m with the M ntana DEQ 

ali ty stan+

1 

rd section .1 At the reque It of the 

board, e held a p lie hearing on July -- I'r!l sorry, 

water 

! 

no. Ma¥. The com~ent period e1ded on July lfth. Based 

on thos~ comments, ~e did make 1urther change~ to DEQ7, 

as you ~eceived it kn May. Tho1e changes inc+uded 

Page 23 

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6e40cf95-9bc5-459d-821 c-619f0a1 ba575 
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DEPARTMENT OF ENVIRONMENTAL QUALXTY 

Home » Director's Office » Legal Unit » Final Notice 

Administrative Rules of Montana 

Final Notice of Rulemaking 

Effective Purpose 

October 12, 2012 Notice of Amendment (Water Quality, SubdivisionsLOn-Site Subsurface 

Wastewater Treatment, Public Water and Sewage System Reguirements, 

Solid Waste Mana5ement - Definitions, Exclusions from Permit 

Reguirements, Su - divisions, Wastewater Treatment Sl'.stems, Plans for 

Public Water SUQQly or Wastewater System, Fees, OQeration and 

Maintenance Reguirements for Land AQQOlication or Incor1:2oration of 

SeQtage, Grease TraQ Wastes, and Incor1:2oration by Reference - MAR Notice No. 17-336) 

October 12, 2012 Notice of Amendment and Repeal <Reclamation Water Oualitv. 

Subdivisions, CECRA, Underground Storage Tanks -DeQartment Circular 

DEQ-7, Definitions, IncorQorations by Reference, C-3 Classification 

Standards, General Treatment Standards, General Prohibitions, Water-Use 

Classification and DescriQtions for Ponds and Reservoirs Constructed for 

the DisQosal of Coal Bed Methane Water and G-1 Classification Standards - MAR Notice No. 17-335) 

October 12, 2012 Notice of Amendment (Air Quality - Definitions and Review of Major 

Stationaey Sources and Major Modifications--Source AQQlicability and 

ExemQtions - MAR Notice No 17-334) 

August 10, 2012 Notice of Amendment and Adoption (Reclamation - General Performance 

Standards and Rules Not AQQlicable to In Situ Coal OQerations - MAR Notice No. 17-333) 

April 13, 2012 Corrected Notice of Adoption (StriQ and Underground Mine Reclamation 

Act - DeQartment's Obligations Regarding the AQQlicantLViolator System - MAR Notice No. 17-324) 

June 8, 2012 I Notice of Amendent (CECRA - Incornoration by Reference - MAR Notice 

No. 17-332) 

June 8, 2012 Notice of Amendment (Public Water and Sewage System Reguirements - Treatment Reguirements, Control Tests, Testing and SamQling Records 

and reQorting Reguirements, Definitions, Incor1:2oration by Reference, 

Cross-Connections: Regulatory Reguirements, Volunta~ Cross-Connection 

Control Programs: A1;rnlication Reguirements, and Stan ards and 

Reguirements for· Cross-Connection Control - MAR Notice No. 17-331) 

April 27, 2012 Notice of Amendment (Water Treatment Systems and 0Qerators - Definitions, Classification of Systems, Certification of 

0Qerators, Examinations, Certified Ooerator in Carge of System--

Excegtions - MAR Notice No. 17-329) 

April 13, 2012 Notice of Amendment, Adoption,and Repeal (Strig and Underground Mine 

Reclamation Act - SubchaQters 3 through 7 and SubchaQters 9 through 12 - MAR Notice No. 17-324) 

) 10/28/11 I Notice of Amendment (Underground Storage Tanks - Definitions, Cleanug 

Plan, and Release Categorizations - MAR Notice No. 17-328) 

http://deq.mt. gov I dir/legal/adoption.mcpx 10/22/2012 
) 

) 
) 

) 

) 

-2058-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.801and17.8.818, pertaining to ) 

definitions and review of major stationary) 

sources and major modifications--source) 

applicability and exemptions ) 

NOTICE OF AMENDMENT 

(AIR QUALITY} 

TO: All Concerned Persons 

1. On June 7, 2012, the Board of Environmental Review published MAR 

Notice No. 17-334 regarding a notice of public hearing on proposed amendment of 

the above-stated rules at page 1098, 2012 Montana Administrative Register, issue 

number 11. 

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

3. The department submitted testimony at the rule hearing on July 12, 2012. 

In preparing its testimony for the rule hearing, DEQ noticed clerical errors in the 

statement of reasonable necessity concerning citations to federal laws and 

regulations. The department submitted testimony at the hearing to correct these 

clerical errors. The clerical corrections are as follows, stricken matter interlined, new 

matter underlined: 

REASON: The board is proposing amendments to Montana's prevention of 

significant deterioration (PSD) rules to conform the rules to amendments to federal 

regulations by the federal Environmental Protection Agency (EPA) in 2005. The 

federal Clean Air Act, 42 USC 7401 through 7671 q (CAA), directs each state to 

assure that air quality in that state meets minimum standards·applicable across the 

nation. The CAA directs the EPA to establish National Ambient Air Quality 

Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on 

public health and welfare. Pursuant to the CAA, EPA has authorized the state of 

Montana to regulate major sources in the state. For Montana to retain this authority, 

the board is required to adopt the minimum standards applicable to major source 

emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 

USC 7410(C) 7410(a)(2)(C). 

On November 29, 2005, EPA published regulations regarding the 

implementation of the 1997 ozone NAAQS (70 GFR 71612). Those regulations 

required revisions to state programs for major source permitting. One of the 

requirements in the EPA regulations was to address ozone formation by regulating 

precursor pollutants. "Precursor pollutants" are pollutants that combine to form 

another pollutant. The federal regulations include nitrogen oxides (NOx) that react 

with volatile organic compounds to form ozone. In a decision published on May 1 Q 

July 22, 2011, in the Federal Register at 76 FR 28934 43918, EPA found Montana's 

PSD rules for ozone inadequate because the rules do not address NOx as a 

precursor pollutant for ozone. The proposed amendments in this notice would 

Montana Administrative Register 19-10/11/12 
-2059-

address EPA's concerns and make Montana's rules for PSD permits adequate to 

implementing the 1997 8-hour ozone NAAQS. 

The remainder of the statement of reasonable necessity remains as set forth 

in the Notice of Public Hearing on Proposed Amendment. 

4. No public comments or testimony were received. 

Reviewed by: 

Isl John F. North 

JOHN F. NORTH 

Ru le Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

By: Isl Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H. 

Chairman 

Certified to the Secretary of State, October 1, 2012. 

19-10/11/12 Montana Administrative Register 

) 

) 

) 
/) 

/ 

) 

) 

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) 

17.8.801and17.8.818 concerning updates for ozone implementation, pertaining to definitions 

and review of major stationary sources and major modifications. These changes related to 

ozone, set forth in MAR Notice No. 17-334, were adopted by the Board of Environmental 

Review on September 27, 2012. 

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

rules into the SIP. 

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

for public hearing, a public hearing on this matter will be scheduled and the time for that 

hearing will be announced and 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 406-444-0524 to have copies 

made available for their inspection. 

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

interfere with a person's ability to participate in state government proceedings. Persons 

needing accommodation must contact Oline Barta concerning the nature of the 

accommodation. Please contact Ms. Barta at P.O. Box 200901, Helena, Montana 59620-0901; 

phone (406) 444-0524; fax (406) 444-1499; or email obarta@mt.gov. 

7) Interested parties may submit their comments concerning the proposal described above in 

writing to the Department by addressing them to Oline. Barta, 1520 E. Sixth Avenue, P .0. Box 

200901, Helena, Montana, 59620-0901; faxing them to (406) 444-1499; or sending them via 

email addressed to "obarta@mt.gov." 

To be guaranteed consideration, written comments must be postmarked on or before 5 p.m. 

February 22, 2013. 
/) 

/ 

) 

) 

-1098-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) 

17.8.801 and 17.8.818, pertaining to ) 

definitions and review of major stationary) 

sources and major modifications--source) 

applicability and exemptions ) 

NOTICE OF PUBLIC HEARING ON 

PROPOSED AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On July 12, 2012, at 11 :00 a.m., the Board of Environmental Review will 

hold a public hearing in Room 35, 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., June 18, 2012, 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: 

17.8.801 DEFINITIONS In this subchapter, the following definitions apply: 

(1) through (19) remain the same. 

(20) "Major modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in a significant 

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

excluding hazardous air pollutants, except to the extent that such hazardous air 

pollutants are regulated as constituents of more general pollutants listed in section 

108(a)(1) of the FCAA. 

(a) Any net emissions increase that is significant for volatile organic 

compounds or NO~ will be considered significant for ozone. · 

(b) through (21)(d) remain the same. 

(22) The following apply to the definition of the term "major stationary 

source": 

(a) through (a)(iii) remain the same. 

(b) A major source that is major for volatile organic compounds or NO~ will be 

considered major for ozone. 

(c) through (24)(g) remain the same. 

(25) "Nitrogen Oxides" or "NO~" means the sum of nitric oxide and nitrogen 

dioxide in the flue gas or emission point. 

(25) and (26) remain the same, but are renumbered (26) and (27). 

~ (28) The following apply to the definition of the term "significant": 

MAR Notice No. 17-334 11-6/7/12 
) 

) 

-1099-

(a) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

Pollutant and Emissions Rate 

. Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides (NOJ: 40 tpy 

Sulfur dioxide (S02): 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions 

15 tpy of PM-10 emissions 

PM-2.5: 10 tpy of direct PM-2.5 emissions, 40 tpy of sulfur dioxide tsGat emissions, 

or 40 tpy of nitrogen dioxide (NOa} nitrogen oxides (NOJ emissions unless 

demonstrated not to be a PM-2.5 precursor 

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 1 o-6 megagrams per year 

(3.5 * 10-6 tpy) 

Municipal waste combustor metals (measured as particulate matter): 14 

megagrams per year ( 15 tpy) 

Municipal waste combustor acid gases (measured as sulfur dioxide tsGat and 

hydrogen chloride): 36 megagrams per year (40 tpy) 

(b) "significant" means, in reference to a net emissions increase or the 

potential of a source to emit a pollutant subject to regulation under the FCAA, that 

~ (28)(a) does not list any emissions rate. This does·not include hazardous air 

pollutants, except to the extent that such hazardous air pollutants are regulated as 

constituents of more general pollutants listed in section 108(a)(1) of the FCAA. 

(c) Notwithstanding ~ (28)(a), "significant" means any emissions rate or 

any net emissions increase associated with a major stationary source or major 

modification, which would construct within 10 kilometers of a Class I area, and have 

an impact on such area equal to or greater than one μg/m3 (24-hour average). 

(28) and (29) remain the same, but are renumbered (29) and (30). 

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

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

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 a proposed major stationary source or major 

modification from the requirements of ARM 17 .8.822, with respect to monitoring for a 

particular pollutant, if: 

11-6/7/12 MAR Notice No. 17-334 
) 

) 

-1100-

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

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

area, air quality impacts less than the following amounts: 

(i) through (v) remain the same. 

(vi) ozone: no de minimus air quality level is provided for ozone. However, 

any net increase of 100 tons per year or more of volatile organic compounds Qf 

nitrogen oxides subject to this subchapter requires an ambient impact analysis, 

including the gathering of ambient air quality data; 

(vii) through (c) remain the same. 

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

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

REASON: The board is proposing amendments to Montana's prevention of 

significant deterioration (PSD) rules to conform the rules to amendments to federal 

regulations by the federal Environmental Protection Agency (EPA) in 2005. The 

federal Clean Air Act, 42 USC 7401 through 7671q (CAA), directs each state to 

assure that air quality in that state meets minimum standards applicable across the 

nation. The CAA directs the EPA to establish National Ambient Air Quality 

Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on 

public health and welfare. Pursuant to the CAA, EPA has authorized the state of 

Montana to regulate major sources in the state. For Montana to retain this authority, 

the board is required to adopt the minimum standards applicable to major source 

emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 

USC 7410(C). 

On November 29, 2005, EPA published regulations regarding the 

implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations 

required revisions to state programs for major source permitting. One of the 

requirements in the EPA regulations was to address ozone formation by regulating 

precursor pollutants. "Precursor pollutants" are pollutants that combine to form 

another pollutant. The federal regulations include nitrogen oxides (NOx) that react 

with volatile organic compounds to form ozone. In a decision published on May 19, 

2011, in the Federal Register at 76 FR 28934, EPA found Montana's PSD rules for. 

ozone inadequate because the rules do not address NOx as a precursor pollutant for 

ozone. The proposed amendments in this notice would address EPA's concerns 

and make Montana's rules for PSD permits adequate to implementing the 1997 8-

hour ozone NAAQS. 

Generally, the proposed amendments to the rules would add NOx as a 

precursor pollutant that contributes to the formation of ozone. The department and 

applicants for permits to construct or modify major sources would be required to 

analyze the applicability of PSD requirements based on NOx as a precursor to 

ozone. The following are brief descriptions of the proposed amendments: 

ARM 17.8.801(20)(a) would be amended by modifying the definition of "major 

modification," adding NOx as a precursor pollutant for ozone when NOx emissions 

exceed a significance threshold. 

ARM 17.8.801(22)(b) would be amended to add NOx as a precursor to ozone, 

MAR Notice No. 17-334 11-6/7/12 
) 

) 

-1101-

triggering consideration of a source as "major" for ozone when the source emits or 

has the potential to emit 100 tons per year of NOx. 

ARM 17.8.801(25) would be amended by adding a definition of the term 

nitrogen oxides or NOx, defining it as the sum of nitric oxide and nitrogen dioxide in 

the flue gas or emission point. 

ARM 17.8.801(27)(a) would be amended to add a significance level of 40 

tons or more per year of NOx because NOx is a precursor pollutant that, in 

combination with VOCs, creates ozone. Ozone is not a source emission; but an 

increase in NOx emissions, which is a source emission, is a good surrogate for the 

formation of ozone. A significant increase in ozone will be assumed based on a 40 

tpy or more net increase in the potential to emit of NOx. 

ARM 17.8.818(7)(a)(vi) would be amended to add that a net increase of 100 

tons or more per year of NOx, as a precursor to ozone formation, triggers an ambient 

impact analysis. 

The board is also proposing the following amendment concerning particulate 

matter smaller than 2.5 microns, referred to as PM-2.5: 

ARM 17.8.801(27)(a), would be amended by substituting "nitrogen oxides" for 

"nitrogen dioxide (N02)" as a precursor to PM-2.5 formation. In that subsection, a 

net emissions increase or potential to emit of 40 tons per year of NOx would cause a 

source to be considered major for PM-2.5 for the purpose of triggering PSD review. 

The use of "nitrogen dioxide (N02)" was a mistake when the rule was adopted in 

September 2011. The board intended to use "nitrogen oxides," which include the 

sum of nitric oxide and nitrogen dioxide in the flue gas or emission point because 

they are precursors to the formation of PM-2.5, and the board is proposing to correct 

that mistake. 

The board is also proposing to amend portions of rules listed above for 

consistency of language when referring to sulfur dioxide (S02) and nitrogen oxides 

(NOx). The proposed amendments would match the comparable language provided 

in the Code of Federal Regulations (CFR). These proposed amendments are not 

intended to change the substance of these rules. 

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 .0. 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 12, 2012. 

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

before that date. 

5. Katherine Orr, attorney for the board, or another attorney for the Agency 

Legal Services Bureau, has been designated to preside over and conduct the 

hearing. 

6. The board maintains a list of interested persons who wish to receive 

11-6/7/12 MAR Notice No. 17 -334 
) 

) 

-1102-

notices of rulemaking actions proposed by this agency. Persons who wish to have 

their name added to the list shall make a written request that includes the name, email, and mailing address of the person to receive notices and specifies that the 

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

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

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

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

reclamation; strip mine reclamation; subdivisions; renewable energy 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 a request form at any rules hearing held by the board. 

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

Reviewed by: 

Isl David Rusoff 

DAVID RUSOFF 

Rule Reviewer 

BOARD OF ENVIRONMENTAL REVIEW 

BY: Isl Joseph W Russell 

JOSEPH W. RUSSELL, M.P.H., 

Chairman 

Certified to the Secretary of State, May 29, 2012. 

MAR Notice No. 17-334 11-6/7/12 
) 

) 

DATE: 

TO: 

FROM: 

RE: 

Montana Department of 

EmRONMENT AJL Qururv Steve Bullock, Governor 

Tracy Stone-Manning, Director 

P. 0. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • Website: www.deq.mt.gov 

January 17, 2013 

Air Interested Parties 

MT-DEQ, Air Resources Management Bureau (ARMB) 

Notice for Public Hearing for Submission of Administrative Rules into the 

Montana State Implementation Plan (SIP) 

The Department of Environmental Quality is inviting public comment on the submission 

of administrative rules into the Montana State Implementation Plan (SIP). The rules to 

be submitted are Administrative Rules of Montana (ARM) 17.8.801 and 17.8.818 

concerning updates for ozone implementation, pertaining to definitions and review of 

major stationary sources and major modifications. These changes related to ozone, set 

forth in MAR Notice No. 17-334, were adopted by the Board of Environmental Review 

on September 27, 2012. 

The public notice is included in this mailing. Interested parties may view the MAR 

Notice No. 17-334 at http://deq.mt.gov/pubcom.mcpx or may obtain a copy by calling 

the Department at 406·'444-0524. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
Lyris Interested Parties List 

January 17, 2013 

Email Address Name 

2horses@nemontel.net Debbie Madison 

/) Sfriendlyfish@bresnan.net Jack & Pamela Emard 

Abbie.Krebsbach@mdu.com Abbie Krebsbach 

aclark27@bloomberg.net Aaron Clark 

adam.poll@tetratech.com Adam Poll 

afa nderson@fs.fed.us Anna Anderson 

a hedges@meic.org Anne Hedges 

ahenolson@trinityconsultants.com Anna Henolson 

alexanderrr@cdm.com Bob Alexander 

alimurray@q.com Ali 

altmannscott@yahoo.com Scott 

alyssa.herbst@bsd7.org Alyssa 

andrea.perez@hexion.com Andrea 

anthonycalvertOl@yahoo.com tony 

antoine.paul33@gmail.com antoine paul 

apack@all4inc.com Amy Pack 

artr@aes4home.com art ratcliffe 

astecpermits@gmail.com Catherine 

aussie_northcott@hotmail.com robe rt 

Ayala.Kathy@epamail.epa.gov Kathy Ayala 

bacttracking@bdlaw.com Alex Mesmer 

bayxie@aol.com eddy 

) bdhohn@hohneng.com Brian Hohn 

bd undas@truecos.com Bob Dundas 

bea mman6056@msn.com Anderson 

benjamin.recker@tetratech.com Ben Recker 

berrysoup@yahoo.com bonita 

bettylu@blackfoot.net Jim Young 

bhabeck@mt.gov Bob Habeck 

bholland@crowleylaw.com B .. Holland 

b ig49sky@ya hoo .com Robert Burtch 

bigsky4ever@bresnan.net Henry Banuelos Sr 

bjohnson@summite.com Bruce Johnson 

blaise.leblanc@hotmail.com Blaise Leblanc 

blakecrk@gmail.com Krista Evans 

bmgorm@bresnan.net bev Gormley 

bml@stateside.com Becky Lukaesko 

bob.vantuyl@ashgrove.com Bob Vantuyl 

boschleicher@mt.gov Bob Schleicher 

brad.korpi@kochind.com Brad Korpi - Koch Ag. 

bret@bison-eng.com Bret Gallo 

brian.mchugh@tetratech.com Brian McHugh 

brianna@clarkfork.org Brianna Randall 

) Brianne_dugan@baucus.senate.gov Brianne Dugan 

brinda@serafinatechnical.com Brinda Ramanathan 

Brittanys07@yahoo.com Brittany steinbrook 

1 
Lyris Interested Parties List 

January 17, 2013 

brogers@newfield.com Brad Rogers 

Bruce.Krepley@naes.com Bruce Krepley 

bschmidt@co.missoula.mt.us Ben Schmidt 

bsoamj@3rivers.net Mary Jane McGarity 

BSquires@nicnd.com Bruce Squires 

Bstevenson@rosipower.com Bruce Stevenson YELP 

bsublasky@emsl.com ben 

burns.betsy@epa.gov Betsy Burns 

bvaughn@montana.com Barbara Vaughn 

c2nites2000@yahoo.com Kermit Snow 

ca lvin.e.kidney@wellsfargp.com Calvin Kidney 

ca rtoonsmart@mac.com Buddy Rogers 

cash1230@esaphaseone.com John Meyers 

cathyl@bkbh.com Cathy Laughner 

cbengtson@belgradeschools.com Connie Bengtson 

cboe@mt.gov Chris Boe 

cclawson@yahoo.com cheryl 

cefarms@tetonwireless.net Chad Dohney 

cflanders@nobleenergyinc.com Catherine Flanders 

cgernand@mt.gov Candice Gernand 

chalbert@landauinc.com Chip Halbert 

chenine.wozniak@ch2m.com Chenine Wozniak 

chomer@mt.gov Charles Homer 

chowchowizclee@hotmail.com Chelsea Lee 

chuck@netentrust.com ) chuck 

chuckp@cskt.org Chuck Page 

cindy_buschman@mccormick.com Cindy Buschman 

ci ndymed@hotm a ii.com Cindy 

claseur@plainsjustice.org Carrie La Seur 

clcolclasure@hollandhart.com Chris Colclasure 

cmhd@midrivers.com Mike Rinaldi 

cmrcd@midrivers.com Monty L. Sealey 

cnuno@billingsclinic.org Crystal Nuno 

coate.carson@epa.gov Carson Coate 

coolnickjr@hotmail.com randy lahey 

Corie.downey@gmail.com Corie 

coupscounter@yahoo.com David saylor 

cpowell@ltenv.com Chad Powell 

cranecreationsl@yahoo.com Julia Crane 

crose@3rivers.net Corrine Rose 

csturtevant@aquionix.com Colby Sturtevant 

ctaft@co.bighorn.mt.us Craig Taft 

d .keane@bresnan.net Senator Keane 

dan.corti@mso.umt.edu Dan Corti 

Daniellelmsw@me.com Danielle Trimarco ) darrell.soyars@avistacorp.com Darrell Soyars 

dave.burnett99@hotmail.com dave burnett 

2 
Lyris Interested Parties List 

January 17, 2013 

daveduttonfraser@yahoo.com dave 

davew@kirkwoodcompanies.com Dave 

) david_long@eogresources.com David Long 

dblank@ncpa.org Danielle Blank 

dbusby@montanarefining.com Dexter Busby 

dcowan@mt.gov Devin Cowan 

dcquickdraw@gmail.com Devin Cowan 

de bbies _ design@yahoo.com Debra Vetter 

deborah.perry@oneok.com Deborah Perry 

detroit03mm@yahoo.com Mike 

dhart@cleanair.com Dean Hart 

dhrubes@midrivers.com David Hrubes 

dia@kboz.com Dia Johnson 

diannalin@msn.com Dianna Lintner 

djohnsonhorne@barrick.com Deborah Johnson-Horne 

dlambrecht@jbrenv.com David Lambrecht 

dlorenzen@pioneer-technical.com Diane Lorenzen 

dmunson@mt.gov Darren Munson 

dnunn@fs.fed.us David Nunn 

donald.may@tetratech.com Don May 

dpaulsen@ala-nr.org Dick Paulsen 

d pavuk@crowleylaw.com D.Pavuk 

dshonerd@multistate.com David Shonerd 

) dsimonson@mt.gov Dave Simonson 

dsoehren@bresnan.net Doug Soehren 

dtabish@flatheadbeacon.com Dillon Tabish 

dteske@mt.gov Dee 

dugiejm@hotmail.com Jeff 

dujohnson@mt.gov Dusti 

dustin_northern@omimexgroup.com Dustin Northen 

dvanhyningl@msn.com Dyrck Van Hyning 

DVizzolini@collisionsync.com Dana Vizzolini 

dwalsh@mt.gov Dan Walsh 

dwolfe@mt.gov Deb Wolfe 

ed@mt.net Ed Santos 

edmadler@hotmail.com Edward Madler -APCAC 

edward.hookl@montana.edu ej hook 

eemc@bresnan.net Dave Wang 

eisele.ada m@epa.gov Adam Eisele 

elbrunner@gmail.com Erica Brunner 

eleigh@libby.org Erik Leigh 

emcrae@fageninc.com Edward McRae 

emerchant@mt.gov Eric Merchant 

ernilieboyles@yahoo.com emilie boyles 

) eric.detmer@cldpk.com Eric Detmer 

ericb@rfpco.com Eric Bornhorst 

esa@platts.com Esa 

3 
Lyris Interested Parties List 

January 17, 2013 

expedite.maynard@yahoo.com Robin Maynard 

fcrowley@doneylaw.com Frank Crowley 

fisherm@ftsd.org fisher 

) fotto@ups.com Friedhelm Otto 

fra nk@shumaker.psemail.com frank 

ga ila_consulting@msn.com Gail Abercrombie 

gcm@sierraresearch.com Gabe McAuliffe 

ge raldschlosser@benefis.org Gerald Schlosser 

gfox@alliedengineering.com Gary Fox 

gmcgann@co.carbon.mt.us Gregory McGann 

gpeakl@gmail.com Lee 

Greg.brown@chsinc.com Greg Brown 

grodway@bison-eng.com Grant Radway 

guy@axmen.com guy hanson 

hbedbury@montanarefining.com Hadley Bedbury 

h b runer@mt.gov Heidy Bruner 

hector. ybanez@holcim.com Hector Ybanez 

hestmark.martin@epa.gov Martin Hestmark 

hhsgreengroup@gmail.com HHS Green Group 

hkaiser@hydrometrics.com Heidi Kaiser 

hpeterson@mtech.edu Holly Peterson 

hrash@mt.gov Hoby Rash 

h robbins@bison-eng.com Hal Robbins 

hthigpen@mt.gov Helen Thigpen 

info@kakuk.com Michael Kakuk ) 

info@lion.com Lion Technologies 

info@northernplains.org Northern Plains Resource Council 

Jackie.Flikkema@Kniferiver.com Jackie Flikkema 

jackross@nemontel.net Jack Ross 

Jagadeesan.Seth u rama n@whiting.co m Jagadeesan Sethuraman 

ja h ughes@mt.gov Jim Hughes 

jajehn@marathonoil.com John Jehn 

jake.weirich@edaw.com Jake Weiriich 

jakenny@mt.gov Jake Kenny 

james.makowecki@taqa.ca James Makowecki 

jamie.christopher@aecom.com Jamie Christopher 

jamiew@slservices.net Jamie Whiteman 

javid@mod2.com Javid Nia 

jcarlin@mt.gov Jim Carlin 

jcarlson@co.missoula.mt.us Jim Carlson 

jcarlson@glacierbancorp.com Jen Carlson 

jchaffee@bison-eng.co m Jeff Chaffee 

jdorris@mt.gov Joshua Dorris 

jdunbar60@gmail.com jean dunbar 

jean.semborski@conocophillips.com Jean Semborski 

jeannehallesy@yahoo.com ) Jeanne 

jeff.briggs@ashgrove.com Jeff Briggs 

4 
Lyris Interested Parties List 

January 17, 2013 

jeff@ajaxcomputernetworking.com Jeff 

Jenna_k_02@hotmail.com Jenna Loring 

) jennifer.cinq-mars@ang.af.mil Jen 

je nnifergold ma n@ogap.org Jennifer Goldman 

jenomara@mt.gov Jenny O'Mara 

JeremyFlesch@yahoo.com Jeremy Flesch 

jerry.dismukes@whiting.com Jerry Dismukes 

jespvl@gmail.com Jes 

jfdowns@ba bcoc k.com John Downs 

jford2@mt.gov McCloud {Joe) Ford 

Jiakun.Zhang@stjude.org Jiakun Zhang 

jilesejibril@yahoo.com Jilese 

jill.linn@wbip.com Jill Linn 

jjahnke@co.missoula.mt.us Josy Jahnke 

j ma riepatrick@3rivers.net June Patrick 

JMBlanco@marathonpetroleum.com Julius Blanco 

jmerkel@mt.gov Julie Merkel 

jmherbenson@msn.com Jerry Herbenson 

jm parker@pplweb.com Jim Parker 

joanna_547@hotmail.com joanna 

jodyf@anacondaheadstart.org Jody 

Joe@shumaker.psemail.com Joe Aline 

John@SenatorJohn.net John Brueggman 

) john_lei@ibew.org John Lei - APCAC 

john_mcmichael@xtoenergy.com John McMichael 

jon.madison@mdu.com Jon madison 

jonnysanty@gmail.com Jonny Santy 

joseph.w.lierow@exxonmobil.com Joe Lierow 

josephfdepaz@yahoo.com Joseph F. de Paz 

joshua.jua@riverstonehealth.org Joshua 

joystevensl@bresnan.net Joy Stevens 

jpowell@step2compliance.com Jill Powell 

jrossow@bepc.com Josh Rossow 

jrussell@flathead.mt.gov Joe Russell 

jscott@cherrycreekradio.com Jay Scott 

jskoog@rmsmanagement.com Jay Skoog 

jugorowski@mt.gov Joe Ugorowski 

jwalsh@wayzpartners.com John Walsh 

Kalle.Kuether@mdu.com Kalle Kuether 

kdavid@flathead.mt.gov Kelly David 

kenre@comcast.net Kenneth Reeves 

khooper@libby.org Kathy Hooper 

Kirby_campbell-rierson@baucus.senate.g1 Kirby Campbell 

kirsty _gilmour@hotmail.com Kirsty Gilmour 

) klricord@yahoo.com kl 

kmoore@co.lewis-clark.mt.us Kathy Moore 

korr@mt.gov Katherine Orr 

5 
Lyris Interested Parties List 

January 17, 2013 

kra ndall@fvcc.edu Katie Randall 

ksolberg@anacondadeerlodge.mt.gov Karen Solberg 

ktooke@enerplus.com Kirsti Tooke 

kwalsh@enviroconsult.com Kevin Walsh ) lanakay@live.com alana 

larry@montanasulphur.com Larry Zink 

Ida rk@fs.fed.us Lori Clark 

lea h.bennett@rocketmaii.com Leah Bennett 

lee@prrlaw.com Lee Bruner 

lepodal@yahoo.com Debbie Lepo 

Leslie.Holtz@va.gov Leslie Holtz 

lhendley@co.lewis-clark.mt.us L Hendley 

library@crowleylaw.com Crowley Law 

linda@livingcenter.com The Livingcenter 

lindsay.spurlock@imerys.com Lindsay Spurlock 

lisasandoval@contres.com Lisa Sandoval 

lkambham@trinityconsultants.com Latha kambham 

lloken@wpcnd.com Lance Loken 

lmoody@all-llc.com Lee Moody 

lmoral@trinityconsultants.com Lani Moral 

lnguyen@trinityconsultants.com Linda Nguyen 

lonnie.fallin@jacobs.com Lonnie Fallin 

Loraderm@gmail.com Lora Behlmer 

lpeterson@mt.gov Lisa Peterson 

lstuder@stmaryland.com luke ) 

Lukeduane@gmail.com Luke 

lweeks@nemont.net Linda Weeks 

lza nto@mt.gov Lynn Zanto 

macka~maka@hotmail.com robe rt 

macwilly66@msn.com Representative McChesney 

MaineBear26@yahoo.com Barry 

marcellama@cskt.org Marcella Mahseelah 

Margaret.Zebley@aecom.com Margaret Zebley 

margaret@montanasulphur.com Margaret 

marilyn.tap@riverstonehealth.org Marilyn Tapia 

mark.lin@gmail.com Mark 

marketing@destinationyellowstone.com Jan 

markschaffer57@hotmaii.com mark schaffer 

mary.blel@chsinc.com Mary Blel 

maureneh@msn.com Maurene 

mbarton@co.missoula.mt.us Michael Barton 

m basta@greatfa llsmt. net Martin Basta 

mbayne@abraxaslusk.com Marc Bayne 

mbrown@ap.org Matt Brown 

mcferrins@mt.net Felecity McFerrins 

mglenn@slawsoncompanies.com Matthew Glenn ) 

J 

mhillman@trinityconsultants.com Melissa Hillman 

6 
Lyris Interested Parties List 

January 17, 2013 

mhoffman@jeffco.mt.gov Michael G: Hoffman II 

m ichelle.rossow@live.com Michelle Rossow 

/'-) M ike.Barnes@northwestern.com Mike Barnes 

mike.simpson2009@gmail.com Mike Simpson 

m iosh_com@yahoo.com Ken Liston 

M itchell.Leu@plumcreek.com Mitchell Leu 

mlct@mt.net Alec Hansen 

montanabobcat@gmail.com Bob 

mpa@montanapetroleum.org Dave Galt 

mpontiff@newfield.com Mike Pontiff 

m raile@montanarefining.com Mike Raile 

m rlambrecht@pplweb.com Mark Lambrecht 

msanchez@samson.com Matthew Sanchez 

msimonich@helenahar.com Mark Simonich 

msthompson@barrick.com Mark Thompson 

mtaudubon@mtaudubon.org Montana Audubon 

muncie1929@itstriangle.com Muncie Morger 

mwignot@hydrometrics.com Michael Wignot 

nancy_grosulak@xtoenergy.com Nancy Grosulak 

natalie@northernplains.org Natalie Snyders 

ncobble@bresnan.net Nancy Cobble 

nczarhecki@lowhamwalsh.com Nick Czarnecki 

n icholas.hobbs@hussfilters.com Nick 

) nickgeranios4317@msn.com Geranios Enterprises Inc 

njohnson@helena.kl2.mt.us Nikki Johnson 

ntownsend2@mt.gov Nathan Townsend 

nturnbull2.@gmaii.com Neil Turnbull 

obarta@mt.gov Oline Barta 

omar_232@cOde.net Smith 

owen.weber@umontana.edu Owen Weber 

parker-christensen.victoria@epa.gov Victoria Parker-Christensen 

pa rkside@bigsky.net Jennifer Swearingen 

Pat.kimmet@chsinc.com Pat Kimmet 

pat@crowleyconsultants.com Pat Crowley 

patricia.j.sebella@gmail.com PSebella 

patty@johnsonlanematerials.com Patty 

paul.a.caruana@gov.mt 

pauldsherrpc@yahoo.com Paul 

pbik@mt.gov Patricia Blk 

pcollins@crowleylaw.com P. Collins 

phippsangela@stanleygroup.com Angela Phipps 

pjsimonich@pplweb.com Pete Simonich 

pkukay@hotmail.com PaulKukay 

pmckenzie@stoltzelumber.com Paul R. McKenzie 

) ptstrand@gmail.com Peter 

ralph.a.tanner.civ@mail.mil 

randall.j.richert@conocophillips.com Randall Richert 

7 
Lyris Interested Parties List 

January 17, 2013 

rd riear@centurytel.net Ralph Driear 

rdrudick@q.com Rod Drudick 

rebecca@bison-eng.com Rebecca 

rebecca@northernplains.org Rebecca Fischer ) reed.j.marton@conocophillips.com Reed J. Marton 

rfi nk@co.carbon.mt.us Rodney Fink 

rgilson@cbmainc.com Robert Gilson 

rgilson@H2Eincorporated.com Robert Gilson 

rgorka@slawsoncompanies.com Ray Gorka 

rha mmer@altusenviro.com Robert Hammer 

rkenyon@cgrs.com Randy Kenyon 

rmalone@qrinc.com Rodney Malone 

roark@imt.net Carol Lee-Roark 

robert.richards.12@us.af.mil Robert Richards 

robertkjeffrey@msn.com Bob Jeffrey 

ron.hyatte@imerys.com Ron Hyatte 

ross.whelchel@northwestern.com Ross Whelchel 

rr@hayfam.com C.E.Robertson 

rsouthwick@gr-northern.com Rich Southwick 

ru crossley@hotma ii .com Rachel Crossley 

Runningelkcliff@aol.com Running Elk 

russ.bos@riverstonehealth.org Russ Boschee 

russb@ycchd.org Russ Boschee 

ruthjensen@transcanada.com Ruth Jensen 

RWeimer@stillwatermining.com Randy Weimer ) 

sa brina_rojas@hotmail.com Sabrina 

sa bskb@gmail.com Scott and Sheree Bombard 

sandy.burns@imerys.com Sandy Burns 

sbassett@blm.gov Susan Bassett 

sbombard@natlforests.org Sheree Bombard 

sbrown@aquionix.com Sean Brown 

scoe@mt.gov Stephen Coe 

Shannon.morgan@rosi-boise.com Owen Orndorff-YELP 

sharikayz@yahoo.com Shari Kay 

sharon.deboer53@gmail.com Sharon DeBoer 

shatten@mt.gov Skye Hatten 

sherry.bursey@anadarko.com Sherry 

shiqita@hotmail.com tatiana 

shsullivan@westernsugar.com Shawn Sullivan 

sjohnson@co.cascade.mt.us Sandy Johnson 

smason@hydrometrics.com Scott Mason 

smullins@industrialinfo.com Shane Mullins 

snowakowski@mt.gov Sonja Nowakowski 

sobrien@oasisemission.com Shawna O'Brien 

solsen@mt.gov Sandi Olsen \ 

SsteinbrookOO@gmail.com Steven steinbrook ) 

stellaholt@live.com Stella 

8 
Lyris Interested Parties List 

January 17, 2013 

stevew@bkbh.com Steve Wade 

suetaylor120@gmail.com sue taylor 

/) susanalise@cox.net Susan 

swilliams@sglong.com sue williams 

swright@cfaluminum.com Steve Wright 

szehntner@mt.gov Steve Zehntner 

tashiajadelove@gmail.com Tashia Love 

taylor@theoutlawpartners.com Taylor Anderson 

tbrown1937@bresnan.net thomas brown 

tdzomba@fs.fed.us Thomas Dzomba 

terr.mavencamp@bluemarblebio.com Terri Mavencamp 

teverts@mt.gov Todd Everts 

themontanapost@gmail.com Blake de Pastino 

thomas.nelson@stantec.com Tom Nelson 

tinamariekb4@aol.com Tina 

tiphlmiller@yahoo.com Tiphanie Keefe 

tjewett@NPCA.O RG Tony Jewett 

tjlkmd@gmail.com Kathy Drudick 

tkircher@stillwatermining.com Tom Kircher 

tmerrill@aquionix.com Teresa Merrill 

todd.mortag@ang.af.mil Todd E. Mortag 

todd.rudolph@aecom.com Todd 

todg@cordite.com Tod Glenn 

) to mdavis@wispwest.net ,T. Davis 

townofalberton@blackfoot.net Diane Jodsaas 

tracie.e.norman@gmail.com Tracie Norman 

traciebuhl@fs.fed.us Tracie 

trentb@townpump.com Trent Biggers 

twidboom@barr.com Tony ,Widboom 

videtich .ca llie@e pa .gov Callie Videtich 

walkers@ci.billings.mt.us Scott Walker 

. Wburget@peabodyenergy.com Wanda Burgett 

whitem@dawsoncountymail.com Mike While 

william.thompson@northwestern.com Bill Thompson 

wjacobs@flathead.mt.gov Wendee Jacobs 

wjbowden3@hotmail.com Bowden 

wlneumiller@pplweb.com Bill Neumiller 

woodwardjj@cdm.com Jesse Woodward 

wwalsh2@mt.gov Whitney Walsh 

wwmercer@hollandhart.com bill mercer 

yoonyoung.choi@mcdean.com Yoonyoung Choi 

zoombee96@gmail.com Emma 

) 

9 
STEPHEN BLANKENSHIP FORD 

925 L ST STE 390 

SACRAMENTO CA 95814 

/) 

JAMES FLANSBURG 

HAYS LODGE POLE SCHOOLS 

BOXllO 

HAYS MT 59527 

LYNN HILL 

MSE-HKM INC 

POBOX7010 

SHERIDAN WY 82801 

BOB KELLY 

INTERTEC 

619 SW HIGGINS STE S 

MISSOULA MT 59803 

JOHN MCKENNA 

ETS INTERNATIONAL 

1401 MUNICIPAL RD NW 

ROANOKE VA 24012-1309 

FK)D STEELE 

CSKT TRIBAL HEALTH 

BOX880 

ST IGNATIUS MT 59865 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX2029 

BROWNING MT 59417 

) 

DALE COCKRELL 

CHRISTENSEN MOORE COCKRELL 

PO BOX7370 

KALISPELL MT 59904-0370 

PEGGY FRUIT 

TOWN OF BROADUS 

POBOX659 

BROADUS MT 59317 

TAMMY JOHNSON 

ENVIRONOMICS INC 

PO BOX1026. 

WHITEHALL MT 59759 

JERRY KNUTSON 

WEST TECH SUPPLY & SERVICES 

PO BOX80711 

BILLINGS MT 59108 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

11012TH AVE SW 

SIDNEY MT 59270 

LILA TAYLOR 

HC42 BOX595 

BUSBY MT 59016 

BARB DOWSKI 

REG MANAGER QWEST EH & S 

1855 S FLATIRON COURT 

BOULDER CO 80301 

JOHN GERHART 

POBOX283 

BELT MT 59412 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY MT 59634 

MICHAEL J LUCIANO 

FARM HARVESTING OF EUREKA 

PO BOX 1050 

EUREKA MT 59917 

JIM RAMAKER 

POBOX760 

CHOTEAU MT 59422 

NEIL TURNBULL 

POBOX404 

BROCKTON MT 59213 
Members: 

~ud Clinch 

Carol Kenney 

Cathy Atkins 

Cliff Runningelk 

Don Potts 

Don Powers 

Erik Suffridge 

John Sesso 

Lori Bocchino 

Mike Ellitt 

Mike Philbin 

Mikel. Siemens 

R. Daniel 

Rick Larson 

Stephen T. Smith 

Tim Roark 

William Rogers 

) 

) 

Interested Parties not on Lyris 

January 17, 2013 

Oline Barta 

mtcoal@aol.com 

carolsrainbow@aol.com 

cathy.atkins@rma.army.mil 

runningelkcliff@aol.com 

don. potts@cfc.umt.edu 

dpowers@bsb.mt.gov 

erik.suffridge@mt.usda.gov 

jsesso@bsb.mt.gov 

lbocch@wyo.gov 

plessie.ellitt@usmc.mil 

Mike_Philbin@blm.gov 

mikel@rlkhydro.com 

rdaniel@rc.mt.gov 

ricklarson@bsb.mt.gov 

stephentsmith@earthlink.net 

Tim. Roark@gallatin.mt.gov 

william.rogers@deq.idaho.gov 

2 
Montana Department ot Environmental ~ua11ty (Uh~) - Publlc Comment Penods 

DEPARTMENT OF ENVIRO~MENTAL QUALITY 

) 

) 

Home » Public Comment Periods 

Public Comment Periods 

By Subject or Program: 

~Air Quality Permits 

~ Draft TMDL Reports 

~Major Facility Siting CMFS) 

~ Water Quality Discharge Permits 

~ Nutrient Management Plans 

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

Download Acrobat Reader to view the pdf documents. 

Site/Subject 

Public Notice for 1997 Ozone ARM 

rule changes to be included in the 

Montana .SIP 

MAR Notice No. 17-334 

Public Notice for Scoping Period on 

Proposed Otter Creek Coal, LLC 

Coal Mine Project (Please note that 

these are large PDF files. We are 

working to break down these files 

to enable faster downloads for 

slower internet connections) 

Application 

Permit Text 

Permit Maps 

Baseline Report-Water Resources 

Data 

Baseline Report-Climate and 

Meteorological 

Baseline Report-Fish and Wildlife 

Baseline Report-Geologic Scenic 

Comment 

Period Ends 

February 22, 

2013 

February 4, 

2013 

Document 

Location 

Montana 

Department of 

Environmental 

Quality 

1520 E. 6th 

Avenue 

P.O. Box 200901 

Helena, MT 59620 

Montana 

Department of 

Environmental 

Quality, Industrial 

and Energy 

Minerals Bureau, 

Coal & Uranium 

Mining Program, 

2001 11th Avenue, 

Building B, Helena, 

MT 59620 

http://deq.mt. gov /pubcom.mcpx 

Send Comments To 

Comments can be sent 

to: 

Oline Barta 

MT-DEQ/ARMB 

PO Box 200901 

Helena, MT 59620-0901 

Phone: ( 406) 444-0524 

Kristi Ponozo, DEQ 

MEPA Project Manager, 

PO Box 200901, 

Helena, MT 59620-0901 

or by email to 

OtterCreekEIS@mt.gov 

Page 1of5 

1117/2013 
/) 

) 

) 

NO PUBLIC COMMENTS WERE RECEIVED FROM THE PUBLIC NOTICE 

REGARDING THE INCLUSION OF THESE MONTANA ADMINISTRATIVE 

RULE CHANGES IN THE STATE IMPLEMENTATION PLAN. 

~ (j}cvt:ip d/2.z;/!J 

Oline Barta Date