B R IAN S CHWEITZER J OHN B OHLINGER

G OVERNOR L T. G OVERNOR

S TATE C APITOL • P.O. B OX 200801 • H ELENA, M ONTANA 59620

- 0801

T ELEPHONE : 406

- 444

- 3111 • F AX : 406

- 444

- 5529 • W EBSITE : WWW.MT.GOV 

## O FF ICE OF THE 

## G

OVERNOR

S TATE OF 

### M ONTANA

March 28, 2011

Mr. Jim Martin

Regional Director

US SPA Region 8

1595 Wynkoop Street

Denver, CO 80202

- 1129

RE: Withdrawal of SIP submissions

Dear Mr. Martin:

I am apprised the Department of Environmental Quality is providing assistance to EPA with its

task of clearing a backlog of state submissions to the State Implementation Plan (SIP) for which

EPA had not taken administrative action

. I understand WildE arth Gu ardians sued EP A over a

year ago and secured a consent decree executed May 26, 2010

, ordering EPA to take action on

several of the backlogged items. Four of those backlogged items include :

Montana’s submission of revisions to the Kraft Pulp Mill Rule (ARM 17.8.321) ;

R evisions to Montana’s Stack Height Rule (ARM 17.8.401) ;

R evisions to Montana’s Open Burning Rules (ARM 17.8.604) ; and

Montana’s Oil and Gas Registration Program ( ARM 17.8 , subchapters 16 & 17)

.

EPA indicated in discussions that it would not object if Montana withdrew these rules from

consideration for inclusion into the SIP.

With regard to the Kraft Pulp Mill Rule , Montana’s sole Kraft Pulp Mill facility has since closed

down and is no longer in operation. Therefore, Montana withdraws its submission of revisions

to ARM 17.8.321 dated December 11, 1998.

Montana also withdraws its submission of ARM 17.8.743, 17.8.1601, 17.8.1602, 17.8.1603,

17.8. 1604, 17.8.1605, 17.8.1606, and 17.8.759 (dated December 2, 2005) as submitted on

October 16, 2006. Montana withdraws ARM 17.8.1701, 17.8.1702, 17.8.1703, 17.8.1704,

17.8.1705, 17.8.1710, 17.8.1711, 17.8.1712, 17.8.1713, and 17.8.744 (dated March 23, 2006 )

as submitted on November 1, 2006. Montana does not have sufficient resources to regulate oil

and gas well facilities using rules developed for stationary sources. We need to have these

rules included in the SIP and I want to work deliberately to ensure the SIP submittal is

administratively complete before proceeding.Mr. Jim Martin

March 28 , 2010

P age two

Additionally, Montana withdraws its submissions of revisions to ARM 17.8.401 dated January

20, 1995 ; December 9, 1996 ; March 28, 2003 ; and March 26, 2004. The revisions to ARM

17.8.401 were related to correcting clerical errors or making internal references consistent with

other rules. As currently codified, ARM 17.8.401 is grammatically correct and does not reflect

any apparent internal inconsistencies . T he rule w ill continue to be interpreted in context with

other revised provisions in order to maintain comprehensibility for the reader and preserve the

integrity of the rules as the Board of Environmental Review (BER) intended.

The BER , at its March 25, 2011

, m eeting, is set to take action on a recent proposal to revise

ARM 17.8.604 of Montana’s open burning rules. This revision directly addresses EPA’s

objections set forth in its proposal to disapprove the submission of ARM 17. 8.604 dated

December 12, 2002 ( 69 FR 43371 )

. Montana has no reason to believe the BER will not adopt

ARM 17.8.604 as proposed. Because Montana expects to shortly submit an approvable rule,

withdrawal of the 2002 revision of ARM 17.8.604 is appropriate and Montana does so withdraw

.

If you have any questions regarding these withdrawals or would like to request any other

assistance, please contact Debra Wolfe at 406

- 444

- 7916 or dwolfe@mt.gov

.

Sincerely,

BRIAN SCHWEITZER

Governor