OFFICE OF THE GOVERNOR 

STATE OF MONTANA 

BRIAN SCHWEITZER JOHN BOHLINGER
 

GOVERNOR LT. GOVERNOR
 

May 4,2009 

Carol Rushin 

Acting Regional Administrator 

USEPA, Region 8RA 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Re: Air Quality Program Administrative Rule Revision 

Dear I\I1s. Rushin: 

Montana is submitting revisions to its State Implementation Plan (SIP). This submission 

contains revisions to the following rules: ARM 17.8.308 and 17.8.744. The Montana 

Board of Environmental Review adopted these rule amendments on January 23, 2009. 

This submission contains two copies of the Records of Adoption as required by 40 CFR 

Part 51, Appendix V. For your convenience, I will also send two copies of the complete 

rule texts when they become available for distribution. If you have any questions 

concerning the contents of this submission, please direct them to Debra Wolfe, Montana 

Department of Environmental Quality, at (406) 444-7916. 

Sincerely, 

~---1:::;::>
 BRIAN SCHWEITZE ---...­ Governor 

Ene. RECEIVED 

c: Kathy Dolan MAY 26 2~09

USEPARNS OFFICE 

f\ a-oq -opo - Btl Ir- P P{;II 

STATE CAPITOL • P.O. Box 200801 • HELENA, MONTANA 59620-0801
 

TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV
 
...... ­
---

Correspondence Management System 

Control Number: RS-G9-G00-8019..QPRA 

Printing Date: May 27, 2009 01 :06:25 

Citizen Information 

CltlzenlOriginator: Schweitzer, Brian 

Organization: State of Montana 

Address: Post Office Box 200801, Helena, MT 59620-0901 

Constituent: N/A 

Committee: N/A Sub-Committee: N/A 

Control Information 

Control Number: R8-09-000-8019-0PRA Alternate Number: N/A 

Status: For Your Information Closed Date: NlA 

Due Date: N/A # of Extensions: o 

Letter Date: May4,2oo9 Received Date: May 26, 2009 

Addressee: R8-Regional Administrator ­ Addressee Org: EPA 

Region 8 

Contact Type: LTR (Letter) Priority Code: Normal 

Signature: N/A Signature Date: N/A 

File Code: CORR 127 - General Correspondence - Signature File (Reading) 

Subject: Air Quality Program Administrative Rule Revision 

Instructions: For Your Information - No action required - forwarded to OPRA 

Instruction Note: copy of letter only to 8-MO 

General Notes: N/A 

CC: N/A 

lead Information 

Lead Author: N/A 

Lead Assignments: 

I 

AufIner I=OfII=IC8=-~~~----,-IA . "_"'_--L.IA_,,_Igr_MMl_Date_--l..-IDue_._Date----'--._ICompleteDate 

No Record Found. 

Supporting Information 

Supporting Author: N/A
 

Supporting Assignments:
 

0IIIc8 As8fgMe AaslgnedDate 

Jim Lippincott R8 Jim Lippincott May 27,2009 

History 

AcIIonBy 0ftIce ActIon Date 

Jim Lippincott R8 Forward control to Jim Lippincott May 27, 2009 

Comments 

Page 1 of2 
RECORD OF ADOPTION
 

Regulatory Actions
 

TABLE OF CONTENTS
 

(1) BER agenda granting rulemaking authority. 

(2) MAR notice for proposed rulemaking. 

(3) Public notice statement. 

(4) Memorandums to newspapers of general circulation. 

(5) Affidavits of publication including news clipping. 

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

(7) MAR notice on the state electronic access system. 

(8) Department testimony. 

(9) Department HB 311 and 521 analysis. 

(10) Written public testimony. 

(11) Hearings officer report &transcript. 

(12) BER agenda from rule adoption meeting. 

(13) Transcript from BER rule adoption meeting. 

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

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

Prepared by: Date: 
STATE OF MONTANA 

RECORD OF ADOPTION 

ARM: 

17.8.308,17.8.504,17.8.744 and 17.8.1205 

In the matter of the amendment pertaining to particulate 

matter, permit application fees, general exclusions for air 

quality permits, and requirement for timely and complete 

air quality operating permit applications. 

Date of Final Adoption by the Board of Environmental Review: 

January 23, 2009 

,p/"-. 
1
 

 

yAfe>'7r C~ 1'7 <:7­

Board of Environmental Revievv 

AGENDA
 

BOARD OF ENVIRONMENTAL REVIEW
 

FRIDAY, OCTOBER 3,2008
 

STATE CAPITOL BUILDING, ROOM 152
 

1301 EAST SIXTH AVENUE, HELENA, MONTANA
 

*** Please note location change above***
 

NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the Board will begin the 

meeting no earlier than the time specified. However, the Board might not address the specific agenda items in the order 

they are scheduled. Persons with disabilities, who need an accommodation in order to participate in this meeting, should 

contact the Board Secretary at (406) 444-5270. 

9:00A.M. 

I.	 ADMINISTRATIVE ITEMS 

A.	 REVIEW AND APPROVE MINUTES 

1.	 August iL 2008, regularly scheduled Board meeting. 

II.	 BRIEFING ITEMS 

A.	 CONTESTED CASE UPDATE 

1.	 Cases assigned to Hearing Officer Katherine Orr 

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. On April 

27,2007, Hearing Examiner Katherine Orr issued an Order Requesting Status Report. On May 16, 

2007, DEQ filed a Status Report. An EIS and closure plan should be completed and evaluated in 

2008. 

b.	 In the matter of Violations of the Water Quality Act by ASARCO, Inc., BER 2005-09 WQ. A 

Stay ofProceedings was issued by the Hearing Examiner on January 19,2006, upon notification by 

the Department ofthe bankruptcy proceeding. 

c.	 In the matter of the appeal by the Town of Superior, BER 2007-05 WQ, regarding final 

MPDES Permit No. MT0020664, issued to the Town of Superior. On January II, 2008, the 

parties filed a Request for Extension. Hearing Examiner Katherine Orr issued an Order Granting 

Extension on January 15, 2008, giving the parties until November I, 2008, to file proposed 

settlement documents or a proposed prehearing schedule. 

d.	 In the matter of the appeal by Southern Montana Electric (SME) regarding its Air Quality 

Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. The parties are 

considering dismissal, settlement or continuation ofthe contested case proceeding. 

e.	 In the matter of the appeal by ExxonMobil regarding its Air Quality Operating Permit No. 

OP1564-02 for the Billings Refinery, Yellowstone County, Montana, BER 2007-27 AQ. The 

parties filed a Status Report on September 9, 2008. Settlement discussions are ongoing. 

f.	 In the matter of viOlations of the Water Quality Act by Park County, Gardiner, MT, BER 

2008-01 WQ. On August 20, 2008, the parties filed a fourth Request for Extension. The parties 

have until December 5, 2008 to present a Settlement Agreement. 

g.	 In the matter of violations of the Opencut Mining Act by James Timis at the Timis Excavation 

Site Flathead County, MT, BER 2008-02 Oc. Hearing Examiner Katherine Orr issued a First 

Scheduling Order on March 28, 2008. A telephonic prehearing conference is scheduled for 

September 22, 2008, and a hearing is scheduled for October 7, 2008. 

BER Agenda	 Page 1 of3 October 3, 2008 
h.	 In the matter of violations of the appeal by Plum Creek Manufacturing, Inc. of its Montana 

Groundwater Pollution Control System Permit No. MTX00092, BER 2008-06 WQ. The parties 

are considering dismissal of this case and may present dismissal documents at the December 5, 

2008, meeting. 

i.	 In the matter of violations of the Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-07 HW (MT Waste Systems). On August 13, 2008, the parties 

filed a Request for Extension. Hearing Examiner Katherine Orr issued a First Order Granting 

Extension giving the parties until November 21, 2008, to file a prehearing and hearing schedule or to 

present settlement documents. 

j.	 In the matter of the appeal by Eastgate Water and Sewer Association of Helena Sand and 

Gravel, Inco's Opencut Permit No. HSG-017, BER 2008-08 Oc. On August I, 2008, the 

department filed a Motion to Dismiss the portion of the case pertaining to MEPA. Hearing 

Examiner Katherine Orr issued an Order Dismissing Petitioner's Challenges to the Violations ofthe 

MEPA on August 22, 2008. An Order Requiring Petitioners to File a More Definite Statement and 

an Order Staying Proposed Hearing Schedule was issued on August 22, 2008. Petitioners filed 

"Petitioner's Response to Board's Order Requiring a More Defmite Statement" was filed on 

September 5, 2008. A hearing date will be determined on December 6, 2008, by telephone 

conference. 

k.	 In the matter of violations of the Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-09 HW (Three W's). The parties filed a Request for Extension 

on August 13, 2008. On August 22, Hearing Examiner Katherine Orr issued a First Order Granting 

Extension giving the parties until November 21, to file a prehearing and hearing schedule or to 

present settlement documents. 

\.	 In the matter of violations of the opencut mining act by TMC, Inc. at the Nuss Pit, Gallatin 

County, Montana, BER 2008-10 Oc. Hearing Examiner Katherine Orr issued a First Prehearing 

Order on August 22, 2008. The parties have until September 22, 2008, to consult and propose a 

hearing schedule. 

2.	 CASES IN LITlGATlON 

a.	 In the matter of the Notice of Appeal and Request for Hearing of the Citizens Awareness 

Network, Women's Voices for the Earth, and the Clark Fork Coalition regarding DEQ's 

approval of the Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, BER 2006-18 

AQ. A notice of appeal ofthe denial ofthe request to amend the affidavit was filed in District Court 

on July 8, 2008. 

b.	 In the matter of the appeal by Citizens for Clean Energy (CCE) and Montana Environmental 

Information Center (MEIC) regarding Air Quality Permit No. 3423-00 issued to Southern 

Montana Electric (SME) for its Highwood Generation Station, BER 2007-07 AQ. The 

Department of Environmental has indicated its intent to file a motion to intervene. The Board filed a 

Transmittal ofRecord on August 28, 2008. 

III. ACTION ITEMS 

A.	 lNITlATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

1.	 Amend ARM 17.8.308. ! 7.8.504. 7iP44. and 17.8.1205 regarding agricultural exemptions from air 

quality rules and changes regarding operating permit application and Montana Air Quality Application 

processes and the associated fee rule. 

B.	 REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

1.	 In the matter ofthe l1mendmenl oL\ iUv1 17.8.50S and 17.8514 for the annual adjustment of air quality 

operation and open burning fees. The Department will recommend the adoption ofthe rule amendments 

as proposed. 

BERAgenda	 Page 20f3 October 3, 2008 
2.	 In the matter of the update the Air Qualil} Incorporation hy ReiCrcncc Rules at ARM 17.8.102, 17.8.30 I, 

17.8.901,17.8.1007,17.8.1206,17.8.1212,17.8.1232, 17.8.1234, 17.8.1234, 17.8.1302, 17.8.1402, 

17.8.1502, and 17.8.1509 (annual update and housekeeping changes). The Department will recommend 

the adoption ofthe rule amendments as proposed. 

C.	 NEW CONTESTED CASE APPEALS 

I.	 In the matter of the violations of the Opencut Mining Act by Helena Sand and Gravel, Inc. at the 

Lake Helena Drive Pit, Lewis and Clark County, Montana, BER 2008-12 Oc. The Board received 

the appeal on August 4, 2008. The Board may appoint a permanent hearing examiner or decide to hear 

the matter. A Prehearing Order was issued on August 22, 2008. A First Scheduling Order was issued 

on September 5, 2008. A hearing date wilI be determined on January 20, 2009. 

2.	 In the matter of violations of the Montana Water Quality Act by Wilderness Club, LLC., at the 

Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 WQ. The Board received the 

appeal on August 12, 2008. The Board may appoint a permanent hearing examiner or decide to hear the 

matter. A First Prehearing Order was issued on August 22, 2008. The parties have until September 22, 

2008 to submit a proposed hearing and prehearing schedule. 

D.	 FINAL ACTION ON CONTESTED CASES 

I.	 In the matter of the appeal by CHS Inc. regarding its Title V operating permit No. OP1821-01 for 

the Laurel Refinery, Laurel, Montana, BER 2007-23 AQ. The parties filed a Stipulation hy DEQ ,md 

CHS·. fllc. for Dismiss,d of Contested CLiSe' on July 31, 2008. An order to dismiss the case wilI be 

presented for the Board's approval. 

2.	 In the matter of violations of the Montana Public Water Supply laws by Dale's Dairy at Dale's 

Dairy Convenience Store, Missoula, Montana, BER 2008-11-PWS. The Board received the appeal 

on August 4,2008. The parties filed a Stipulation/ill" Dismissal on September II, 2008. An ()rdcr to 

dismiss the case will be presented for the Board's approval. 

IV. GENERAL PUBLIC COMMENT 

A.	 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 

BER Agenda	 Page 3 of3 October 3, 2008 
2
 
-2224­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

In the matter of the amendment of ARM NOTICE OF PUBLIC HEARING ON 

17.8.308, 17.8.504, 17.8.744, and 

17.8.1205 pertaining to particulate 

matter, permit application fees, general 

exclusions for air quality permits, and 

requirements for timely and complete ai

quality operating permit applications 

) 

r) 

) 

PROPOSED AMENDMENT 

(AIR QUALITY) 

TO: All Concerned Persons 

1. On November 25,2008, at 1:30 p.m., the Board of Environmental Review 

will hold a public hearing in Room 111, 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., November 10, 2008, 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: 

17.8.308 PARTICULATE MATTER. AIRBORNE (1) through (4)(c) remain 

the same. 

(5) The provisions of this rule shall not apply to emissions of airborne 

particulate matter originating from any activity or equipment associated 'Nith the use 

of agricultural land or the planting, production, harvesting, or storage of agricultural 

crops (this exemption does not apply to the processing of agricultural products by a 

commercial businesst 

(a) any agricultural activity or equipment that is associated with the use of 

agricultural land or the planting. production, processing. harvesting. or storage of 

agricultural crops by an agricultural producer and that is not subject to the 

requirements of 42 USC 7475.7503, or 7661. as set forth in 75-2-111(1)(a). MCA; or 

(b) a business relating to the activities or equipment referred to in (5)(a) that 

remains in a single location for less than 12 months and is not SUbject to the 

requirements of 42 USC 7475, 7503. or 7661, as set forth in 75-2-111(1 )(b), MCA. 

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

IMP: 75-2-203, MCA 

REASON: In 2007, the Montana Legislature amended 75-2-111, MeA, to 

MAR Notice No. 17-278 20-1 0/23/08 
-2225­

limit the board's power to regulate certain agricultural activities for air quality 

purposes. The references to agricultural exemptions in the current rules are not 

sufficiently broad to encompass the activities the Legislature defined as exempt in 

75-2-111(1)(a) and (b), MCA. 

The current rules do not exempt commercial agricultural operations. 

However, the statute exempts commercial agricultural operations unless they remain 

in a single location for 12 months andlor are subject to federal permitting 

requirements. The board is proposing to revise the rules to conform to the statutory 

exemption. Because the requirements related to fugitive particulate emissions and 

Montana air quality permits are found only in the rules, it is necessary to add the 

statutory language in order to avoid inconsistency with the statutory amendments. 

17.8.504 AIR QUALITY PERMIT APPLICATION FEES (1) Concurrentwith 

submittal of An applicant submitting a Montana air quality permit application, as 

required in ARM Title 17, chapter 8, sUbchapters 7, 8,9, or 10, the applicant shall 

submit an application fee as provided in (1)(a) and (b): 

(a) and (b) remain the same. 

(2) Concurrent 'Nith submittal An applicant submitting one or more of the 

following air quality operating permit applications, as required in ARM Title 17, 

chapter 8, subchapter 12, the applicant shall submit an application fee of $500 for 

each application as follows: 

(a) an application for a new air quality operating permit that is not submitted 

concurrently with a Montana air quality permit application; 

(b) through (5) remain the same. - AUTH: 75-2-111,75-2-220,75-2-234, MCA
 

IMP: 75-2-211,75-2-220, 75-2-234, MCA
 

REASON: Under the current rules, a permit applicant is not charged an 

additional fee for an application for a Title V air quality major source operating permit 

if the application is submitted concurrently with an application for a Montana air 

quality permit (MAQP). However, the applications are reviewed separately and 

under different criteria, and review of each application requires a substantial amount 

of department staff time. Currently, the department is required to pay staff for review 

of Title V permit applications with funds from other sources, when the application is 

submitted concurrently with an application for an MAQP. However, the board 

believes that it would be more appropriate for the permit applicant to pay the 

department's costs in reviewing the application, regardless of whether it is submitted 

concurrently with an application for an MAQP or not. Therefore, the board is 

proposing to amend the rule to require a permit applicant to submit a separate fee 

for each permit application, regardless of when it is submitted. 

Pursuant to 2-4-302(1)(c), MCA, the proposed amendment is estimated to 

affect seven persons for a cumUlative increase of approximately $3,500 in fees 

collected per year. 

17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS 

(1) A Montana air quality permit is not required under ARM 17.8.743 for the 

- 20-10/23/08 MAR Notice No. 17-278 
-2226­

following: 

(a) through (c) remain the same. 

(d) any activity or equipment associated with the use of agricultural land or 

the planting, produetion, harvesting, or storage of agricultural emps (this exclusion 

does not apply to the proeessing of agrieultural produGts by commercial businesses) 

any agricultural activity or equipment that is associated with the use of agricultural 

land or the planting, production, processing, harvesting, or storage of agricultural 

crops by an agricultural producer and that is not subject to the requirements of 42 

USC 7475,7503, or 7661, as set forth in 75-2-111 (1)(a), MCA; 

(e) a business relating to the activities or equipment referred to in (1 Hd) that 

remains in a single location for less than 12 months and is not subject to the 

requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-11H1Hb), MCA: 

(e) through (I) remain the same, but are renumbered (f) through (m). 

AUTH: 75-2-111, 75-2-204, 75-2-234, MCA
 

IMP: 75-2-211, 75-2-234, MCA
 

REASON: See reason for ARM 17.8.308. 

17.8.1205 REQUIREMENTS FOR TIMELY AND COMPLETE AIR QUALITY 

OPERATING PERMIT APPLICATIONS (1) remains the same. 

(2) To be considered timely for the purposes of this rule, a source that is 

person required to obtain a permit pursuant to this subchapter R=H:I5t shall file tt& an 

application with the department as follows: 

(a) One third of all sources in existence on the date this rule is adopted by 

the board, or sources that have obtained Montana air quality permits prior to the 

adoption date of this rule but commence operation after sueh adoption date, shall 

submit an air quality operating permit applieation no later than one year after the 

adoption date or within 30 days of the date the permit program is approved by the 

administrator (ineluding partial or interim approval), whiehever is later. The 

remainder of these sources shall submit a permit application no later than one year 

after the date the permit program is approved by the administrator (including partial 

or interim approval). 'ALithin 30 days after the adoption date of this rule, the 

department shall notify the 1/3 of the above deseribed sources that are required to 

submit applications for permits under this subchapter by the first deadline set forth 

above. The method used by the department to determine which of the above 

deseribed sources are included in the initial 113 must be fair and equitable and shall 

to the greatest extent practicable provide for a representative sample of air quality 

operating permit sources in terms of source size and type. 

(at w An souree applicant applying for an air quality operating permit for the 

'first time due to the applicability of newly promulgated regulations shall submit a 

permit application within 12 months after the source becomes subject to the permit 

program.

tet.au Sources Persons required to obtain an air quality operating permit or 

permit revision that who are also required to obtain a Montana air quality 

preconstruction permit under this chapter shall submit an file a complete application 

for an air quality operating permit or permit revision concurrent with the submittal of 

MAR Notice No. 17-278 20-10/23/08 
-2227­

the Montana air quality permit application within 12 months after commencing 

operation, unless an existing operating permit would prohibit the construction or 

change in operation. If an existing operating permit would prohibit the construction 

or change in operation, the owner or operator shall obtain a permit revision before 

commencing operation. 

(i) The processing of the Montana air quality and operating permits will be 

coordinated to the greatest extent possible, but each permit will be issued according 

to the applicable procedures and time frames. Each application for an air quality 

operating permit, permit renewal, or permit revision and the associated Montana air 

quality permit application ',\liII be processed independently of any other pending 

application under this chapter, including sources with pending air quality operation 

permit applications who submit an application for a new or altered Montana air 

quality permit during the initial transition period. Submittal of new air quality permit 

applications shall not impede the issuance of any pending air quality permit 

application. 

(ii) During the initial transition period, sources that receive final M'ontana air 

quality permits prior to their submittal of an operating permit application shall be 

required to address any changes to their facility in the operating permit application. 

The operating permit application shall be submitted per the schedule prescribed in 

(2)(a). 

(at!£l For renewal, a source permittee shall submit a complete air quality 

operating permit application to the department not later than six months prior to the 

expiration of its the existing permit, unless otherwise specified in that permit. If 

necessary to ensure that the terms of the existing permit will not Ja.pse expire before _ 

the renewal permit is issued, the department may specify notify the permittee in 

writing to the permitted source a longer time period for submission of that the 

renewal application must be submitted by a specified deadline that is earlier than six 

months prior to permit expiration. Such written notification must be provided at least 

one year before the renewal application due date established in the existing permit. 

In no case sRaU may this extended time period or the time period established in the 

existing permit be greater than 18 months. 

. (e) Applications for initial phase II acid rain permits shall be submitted to the 

department by January 1, 199B for sulfur dioxide, and by January 1, 199B for 

nitrogen oxides. 

(3) To be deemed complete for the purposes of this rule, a source must file 

its an application for an air quality operating permit, or permit revision must be filed 

with the department as follows: 

(a) An air quality operating permit application must applicant shall provide all 

information required pursuant to this rule and ARM 17.8.1206. An application 

applicant for permit revision need supply such shall submit all required information 

only if it is related to the proposed change, and an. An application for renewal Reed 

ooJ.y must address in detail those portions of the permit application that require 

revision, updating, supplementation, or deletion. The applicant shall submit 

Hnformation submitted pursuant to this rule and ARM 17.8.1206 must be sufficient 

for the department to evaluate the subject source and its the application aRG 

pursuant to determine all applicable requirements. If the applicant provides 

sufficient information to satisfy the requirements of tAe application completeness 

- 20-10/23/08 MAR Notice No. 17-278 
-2228­

checklist.. then the application shall be deemed to be administratively complete for 

the purposes of applying the application shield provided for in ARM 17.8.1221, and 

the department shall notify the applicant of such administrative completeness. Yse 

of the completeness checklist is not intended to'replace a substantive completeness 

review and determination pursuant to this sUbchapter, but is only intended to 

facilitate the application of the application shield. A responsible official shall certify 

the submitted information consistent with ARM 17.8.1207. Except as otherwise 

provided in ARM 17.8.1220(6) and (7), or unless the department determines that an 

air quality operating application is not substantively complete within 60 days of 

receipt of the application, such application shall be deemed to be substantively 

complete. 

(b) If, while processing an application for an air quality operating permit or 

permit revision that has been determined or deemed to be substantively complete 

During the permit review process set forth in (3)(a), the department may determines 

that additional information is necessary to evaluate or take final action on tAat the 

application,.-ft and may request such information in writing and set a reasonable 

deadline for a response.. f which may not be less than 15 dayst. 

(c) The source's ability to operate without an air quality operating permit, as 

set forth in ARM 17.8.1221 (2), shall be in effect from the date the application is 

determined or deemed to be administratively complete until the final permit is issued, 

prOVided that the applicant submits any requested additional information by the 

deadline specified by the department. 

fdt 19.1 Sources that would qualify Applicants eligible for a general air quality 

operating permit ffitI5t shall provide written notification to the department of their 

intent to operate under the terms of the general permit, or ffitI5t shall apply for an air 

quality operating permit consistent with (1). The terms of the general permit adopted 

pursuant to ARM 17.8.1222 may prOVide for applications wRi6R that deviate from the 

requirements of (1). and ARM 17.8.1206, provided that!f such requirements 

applications are consistent with ++tie subchapter V of the FCAA, and include all 

information necessary for the department to determine qualification for, and assure 

compliance with, the general permit. 

fet!Ql An application applicant for an air quality operating permit revision that 

is submitted as a submits an application for a minor permit modification shall meet 

the requirements of ARM 17.8.1206, and shall include the following with the 

application: 

(i) remains the same. 

(ii) the source's applicant's suggested draft permit; 

(iii) and (iv) remain the same. 

fft!§l An application for an air quality operating permit revision that is 

submitted as part of a group processing of minor modifications sfla.U must meet the 

requirements of ARM 17.8.1206, and sfla.U must include the following: 

(i) remains the same. 

(ii) the source's applicant's suggested draft permit; 

(iii) remains the same. 

(iv) a list of the source's applicant's other pending permit modification 

applications awaiting group processing, and a determination at as to whether the 

requested modification, when aggregated with these other applications, equals or 

MAR Notice No. 17-278 20-1 0/23/08 
-2229­

exceeds the threshold set under ARM 17.8.1226(7)(b); 

(v) certification by a responsible official, consistent with ARM 17.8.1207, that 

the source has applicant notified the administrator of the proposed modification. 

Such notification need only contain a brief description of the requested modification; 

and 

(vi) remains the same. 

(4) Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in an application for an air quality operating permit or permit 

revision shall, upon becoming aware of such failure or incorrect submittal, promptly 

submit such supplementary facts or corrected information. In addition, an applicant 

shall provide additional information as necessary to address any requirements that 

become applicable to the source after the date Hthe applicant filed a substantively 

complete application, but prior to release of a draft permit. 

(5) 'JV.here 11 an applicant has submitted submits information to the 

department under a judicial determination of confidentiality, the source must 

applicant shall submit a copy of such information directly to the administrator. This 

requirement does not preclude or limit in any manner the rjght of the applicant to 

assert to the administrator the confidential status and nature of the information. 

AUTH: 75-2-217,75-2-218, MCA
 

IMP: 75-2-217,75-2-218, MCA
 

REASON: The board is proposing to amend ARM 17.8.1205(2) to ensure an 

MAQP and a Title V permit may be processed in an order that preserves the integrity 

of the timelines and, therefore, the validity of the final decision for each. 

The underlying federal Title V permit regulations upon which the state rules 

and associated enforcement authority are predicated provide that "[a] timely 

application for a source applying for a part 70 permit for the 'FIrst time is one that is 

submitted within 12 months after the source becomes subject to the permit program 

or on or before such earlier date as the permitting authority may establish." 40 CFR 

70.5(a)(1 )(i). The current state rule requires an applicant to submit an application for 

a Title V permit concurrently with an application for a MAQP. Upon receipt of a 

complete application for a Title V permit, the department is required, pursuant to 

ARM 17.8.1220(2), to take final action regarding the application within 18 months. 

Title V permits must include all requirements applicable to the facility, so, when a 

MAQP also is required, it is impractical to issue a Title V permit prior to issuing a 

final MAQP. However, the MAQP process may be interrupted or delayed for a 

variety of reasons outside the department's control. Therefore, the board is 

proposing to amend ARM 17.8.1205(2) to require the owner or operator to file an 

application for a Title V permit within 12 months after commencing operation, or, if 

an existing permit would prohibit the proposed construction or change, before 

commencing operation. 

ARM 17.8.1205(2) also contains provisions regarding the processing of initial 

applications, which occurred several years ago. These provisions are no longer 

necessary and are proposed for deletion. 

The board is proposing to delete from ARM 17.8.1205(3)(a) the references to 

an application completeness checklist. The checklist, which may be used by 

-


20-10/23/08 MAR Notice No. 17-278 
-2230­

department staff to assist them in determining whether an application is complete, is 

not required by rule. Therefore, although the checklist may be a useful aid to permit 

application reviewers, the board believes that it is not appropriate to refer to the 

checklist in the rule and that the formal determination of application completeness 

should be based on the requirements stated in the rules. 

The rule contains a provision at (3)(c) which is redundant of ARM 17.8.1221 

and is, therefore, unnecessary and proposed for deletion. 

The amendments also would correct a number of grammatical and syntax 

errors. 

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., November 25, 

2008. 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 

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; waterlwastewater 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 bye-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 notice requirements of 2-4-302, MCA, apply to the
 

MAR Notice No. 17-278 20-10/23/08
 
-2231­

proposed amendments related to the agricultural exemption, and the department 

has complied with those requirements. The bill sponsor was notified by U.S. mail on 

August 21,2008. 

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW 

/s/ David Rusoff BY: /s/ Joseph W Russell 

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

Rule Reviewer Chairman 

Certified to the Secretary of State, October 14, 2008. 

20-10/23/08 MAR Notice No. 17-278 
3­
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 

NOTICE OF PUBLIC HEARING
 

ARM5019-057
 

1.	 On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take pUblic comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

sUbmitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

.	 concurrently permit applications ,pursuant to subchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regUlation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deg.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17, 2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 
4
 
Montana Department of 

ENVIRONMENTAL QUALITY Brian Schweitzer, Governor 

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

DATE:	 October 20, 2008 

TO:	 Tammy Haar 

Billings Gazette 

P.O. Box 31238
 

Billings, MT 59107
 

FROM:	 Oline Barta 

Admin. Assistant 

MT - DEQ/ARMB 

RE:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-057) 

Please publish the attached document in the legal section of your newspaper on Thursday, 

October 23, 2008. Return the original affidavit of publication and a copy of the billing 

statement to the address below. 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, you can call me at (406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 

NOTICE OF PUBLIC HEARING
 

ARM5019-057
 

1.	 On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to subchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regUlation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deg.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17,2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 

-

Montana Department of 

ENVIRONMENTAL QUALITY Brian Schweitzer, Governor 

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

DATE:	 October 20, 2008 

TO:	 Brooke Summers 

Great Falls Tribune 

P.O. Box 5489
 

Great Falls, MT 59403
 

FROM:	 Oline Barta 

Admin. Assistant 

MT - DEQIARMB 

RE:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-053) 

Please publish the attached document in the legal section of your newspaper on Thursday, 

October 23, 2008. Return the original affidavit of publication and a copy of the billing 

statement to the address below. 

Montana Department of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, please call me at (406) 444-0524. 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 

NOTICE OF PUBLIC HEARING
 

ARM5019-053
 

1.	 On November 25,2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to subchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARIVI17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deq.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17,2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 
Montana Department of 

ENVIRONMENTAL QUALITY Brian Schweitzer, Governor 

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

DATE:	 October 20, 2008 

TO:	 Legal Notice Staff 

Helena Independent Record 

P.O. Box 4249
 

Helena, MT 59604
 

FROM:	 Oline Barta 

Admin. Assistant 

MT - DEQ/ARMB 

RE:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-054) 

Please publish the attached document in the legal section of your newspaper on Thursday, 

October 23, 2008. Return the original affidavit of publication and a copy of the billing 

statement to the address below. 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, you can call me at (406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 -


NOTICE OF PUBLIC HEARING
 

ARM5019-054
 

1.	 On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to subchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deq.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17, 2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 

-

Montana Department of 

ENVIRONMENTAL QUAUTY Brian Schweitzer, Governor 

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

DATE:	 October 20, 2008 

TO:	 Legal Notice Staff 

Miles City Star 

13 North 6th 

Miles City,MT 59301 

FROM:	 aline Barta 

Admin. Assistant 

MT - DEQIARMB 

RE:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-055) 

Please publish the attached document in the legal section of your newspaper on Thursday, 

October 23, 2008. Return the original affidavit of publication and a copy of the billing 

statement to the address below. 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, you can call me at (406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 

NOTICE OF PUBLIC HEARING
 

ARM5019-055
 

1.	 On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

lVIetcalf Building, 1520 E. 6th Avenue, Helena, lVIontana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to subchapter 1'2 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deq.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

- 5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17, 2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 
Montana Department of 

ENVIRONMENTAL QUAUTY Brian Schweitzer, Governor 

P. O. Box 20090 I Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov 

DATE:	 October 20, 2008 

TO:	 Legal Notice Staff 

Missoulian 

P.O. Box 8029
 

Missoula, MT 59807
 

FROM:	 Oline Barta 

Admin. Assistant 

MT - DEQ/ARMB 

RE:	 PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5019-056) 

Please publish the attached document in the legal section of your newspaper on Thursday, 

October 23, 2008. Return the original affidavit of publication and a copy ofthe billing 

statement to the address below. 

Montana Department of Environmental Quality
 

Air Resources Management Bureau
 

P.O. Box 200901
 

Helena, MT 59620-0901
 

If you have any questions regarding this notice, you can call me at (406) 444-0524. Please reply 

to this email to let me know that you have received it. Thank you. 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
 

NOTICE OF PUBLIC HEARING
 

ARM5019-056
 

1.	 On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to sUbchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deq.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17, 2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 
5
 
* * * Proof of Publication* * * 

Missoulian Classified 

Put us to work for you 

500 South Higgins Avenue
 

Missoula, MT 59801
 

Phone: (406) 721-6200 Toll Free: 1-800-332-6212
 

Fax: (406) 523-5221
 

Email: classified@missoulian.com
 

A~ley McDonal~EING FIRST DULY SWORN DEPOSES AND SAYS, THAT THE ABOVE NAMED IS A REPRESENTATIVE OF THE 

MISSOULlAN, THE PUBLISHERS OF THE MISSOULlAN, A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED 

IN THE CITY OF MISSOULA, COUNTY OF MISSOULA,. STATE OF MONTANA. AND THAT THE SUBJOINED A COPY OF WHICH 

AS PRINTED IS HERETO ATTACHED, WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID --\*$<'£_.__ . 

AD NUMBER: 3786913 

MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMS019·0S6 . 

I.ON NOVEMBER 25, 2008 AT 1:30 P.M.. OR AS SOON THEREAFTER AS CAN BE HEARD. THE DEPARTMENT ')F ENVIRONMENTAL QUALITY SHALL HOLD A PUBLIC .- SARING IN ROOM III OF THE METCALF BUILDING, 

;20 E. oTH AVENUE. HELENA. MONTANA, TO TAKE VBLIC COMMENT REGARDING THE PROPOSAL OF THE MONTANA BOARD OF ENVIRONMENTAL REVIEW TO REVISE AIR QUALITY RULES IN THE ADMINISTRATIVE RULES OF MONTANA. THE DEPARTMENT ALSO PROPOSES SUBMITTING ARM 17.8.308 AND 17.8.744 TO EPA FOR INCLUSION INTO THE STATE IMPLEMENTATION PLAN (SIP). 2.THE PROPOSED AMENDMENTS TO ARM 17.8.1205 WOULD ELIMINATE THE REQUIREMENT TO SUBMIT CONCURRENTLY PERMIT APPLICATIONS PURSUANT TO SUBCHAPTER 12 AND PERMIT APPLICATIONS PURSUANT TO SUBCHAPTER 7. THE PROPOSED AMENDMENTS TO ARM 17.8.505 CLARIFY THE RULE REGARDING THE FEE PAYMENT FOR EACH TYPE OF PERMIT APPLICATION. THE PROPOSAL ALSO INCLUDES VARIOUS NON­ SUBSTANTIVE "HOUSEKEEPING" CHANGES. 3.THE PROPOSED AMENDMENTS TO ARM 17.8.308 AND 17.8.744 WOULD MAKE THE RULES CONSISTENT WITH A STATUTORY EXEMPTION FROM REGULATION CREATED FOR CERTAIN AGRICULTURAL ACTIVITIES PURSUANT TO MONT. CODE ANN. §75-2-11l AS AMENDED BY THE 2007 LEGISLATURE IN HB 291. 4.INTERESTED PERSONS MAY VIEW THE PROPOSED RULES ON THE DEPARTMENT'S WEBSITE AT HTIP-/IDEO MT GOY/DIRILEGAUHEARING ASP OR MAY CALL THE DEPARTMENT AT 406-444-7916 TO HAVE A COPY MADE AV AlLABLE FOR THEIR INSPECTION. 5.THE STATE OF MONTANA MAKES REASONABLE ACCOMMODATIONS FOR ANY KNOWN DISABILITY THAT MAY INTERFERE WlTH A PERSON'S ABILITY TO PAR­ TICIPATE IN STATE GOVERNMENT PROCEEDINGS. PER­ SONS NEEDING ACCOMMODATION MUST NOTIFY ELOIS JOHNSON BY CALLING 40&-444-2630 NO LATER THAN 5:00 P.M., NOVEMBER 17, 2008 TO ALLOW ADEQUATE TIME TO ARRANGE REASONABLE ACCOMMODATION. 6.INTERESTED PERSONS MAY SUBMIT THEIR DATA, 

VIEWS, OR ARGUMENTS REGARDING THESE DOCUMENTS AT THE HEARING. WRITTEN DATA, VIEWS, OR AR­ GUMENTS MAY ALSO BE SUBMITTED TO ELOIS JOHNSON IN PERSON AT 1520 E. 6TH AVENUE, HELENA. MONTANA, BY MAIL AT: P.O. BOX 2U090I, HELENA, MONTANA 59620-0901, BY FAX AT: 406-444-4386, OR BY E-MAIL AT EJOHNSON@MT.GOV. ALL WRITTEN COMMENTS MUST BE RECEIVED NO LATER THAN 5:00 P.M., NO­ VEMBER 25, 2008. #3786913. OCTOBER 23. 2008. 

ON OCT 29, 2008, BEFORE 

TO 

ME TO BE THE PERSON	 WHOSE NAME IS SUBSCRIBED TO 

AND ACKNOWLEDGED TO ME THAT 

NOTARY PU L1C FOR THE STATE OF MONTANA 

RESIDING AT MISSOULA, MONTANA~un! b 2.0'· 'I' 'i 

MY COMMISSION EXPIRES: / ::::lI' , i 

I\1ichen~ bale 

Page 1 
MONTANA DEPARTMENT OF
 

z ENVIRONMENTAL, QUALITY
 UJ o :r ::.;:: 

'< 

o NOTICE OF PUBLIC HEARING c a 

CD ::+ -l ARM5019-054 :J ;:)'. 

m 

1. On November 25, 2008 at 1:30 p.m., or as soon 

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o ronmental Quality shall hold a public hearing _in._ CD CD 

-0 CD ;:4. 

Room 111 of the Metcalf, Building, 1520 E. 6th Ave-, :J =<; 

r· C nue, Helena, Montana, to take public comment rll­ -.'< 

IJJ y (() :::: 

garding the proposal of the Montana Board of EnV1: r 

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also proposes submitting ARM 17.8.308 an(}­ O' CD ~: rn 

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?;l o 

mentation Plan (SIP). ' cB 

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2. The proposed amendments to ARM 17.8.1205 (') 

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~­ o CD lD CD <0 0 rently permit applications pursuant to subchapter l2' -. III Ul 

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 ..... o 

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c- c.o CD :J CD 

::J o 

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:J ;t-lll~ ........... ous non-substantive "housekeeping" changes. ­
 

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- ..... 0 o 0 

<0 -. 3. The proposed amendments to ARM 17.8.308 alXl :J 

(D -0 

rJ) Q. 0"0l 0_ -I Q. 17.8.744 would make the rules consistent witH '8.' o fJ) CD ::I ::+: OJ 

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= ..........
 tlJ 

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=:0 0.0 on the Department's website 

-af 

::1. ill (') -to -t. o ­ http://deq.mt.goyIdir/lega!lhearing asP or may call the~ en 

(D' '0 

- 0
 

::J W g Department at 406-444-7916 to have a copy made,' 

a.. CD 

fJ) -" :J 0 available for their inspection. ' o 

cr ..... :J .-t. 5. The State of Montana makes reasonable aCCQITI- : '< (I) 

<g' o s­ 

-::I modations for any known disability that may interteCe _ 0.>

-.. Ol 0 Pl 

C 0- o

-t, ..... -. ...... Ol . with a person's ability to participate in state govern- , :J 

5: CL ment proceedings. Persons needing accommoc;la-,: '0 "- 

CD fJ) 00 ...... tlJ< Q ~. ::r 

tion must notify Elois Johnson by calling.: Ol II :E <' OJ 1"'-. :=;: 

o (ii' 406-444-2630 no later than 5:00 p.m., November 17, . Pl 

........ r-f' ' ... ...... 5..~ e. c)" 2008 to allow adequate time to arrange reasonabl,~; o' \' 'l:J 

:J ~t OJ ...... -to Ul ~::I accommodation. ,.: 

::+:0 o 6. Interested persons may submit their data, vie~s,._ 

<0= -. 0' Q~ '<

3 

o or arguments regarding these documents at tl!.i:l; , 

m Ol O~'" CD o "., 

::I ::J en hearing. Written data, views, or arguments may also:: ~. o (D '< (ii' 3 \'., :J 

-..-+ be submitted to Elois Johnson in person at 1520 E.: 

() -to

c 0 -, 0 6th Avenue, Helena, Montana, by mall at: P.O. Box-' u 

Q PJ ""'" 200901, Helena, Montana 59620-0901, by fax' at:"
 () 

CD .; --h S3. fll " 

..?- \\ 0) 0..<;:; 406·444-4386, or bye-mail at ejohnson@mt.gov. Ail' 

_. ;::+ -' 0 0­ " --......... D. 

::J =:1 ::J o' written comments must be received no later than 

5:00 p.m., November 25, 2008. ====11 

O~

Q 

October 23, 2008 
MONTANA DEPARTMENT
 

OF ENVIRONMENTAL QUALI­


TY
 

NOTICE OF PUBLIC HEAR­


ING
 

ARM5019.()55
 

1. On November 25, 2008 et 1:30 

p.m., or as soon thereafter as can 

be heard, the Depertment of 

Environmental Quality shall hold a 

public hearing in Room 111 of the 

Metcalf Building, 1520 E. 6th 

Avenue, Helena, Montana, to take 

public comment regarding the proposal of tha Montana Board of 

Environmental Review to revise air 

quality rules in the Administrative 

Rules of Montana. The 

Department .'so proposes submittingARM 17.8.308 and 17.8.744 to 

EPA for inclusion into the State 

Implementation Plan (SIP). 

2. The proposed amendments to 

ARM 17.8.1205 would eliminate 

the requirement to submit concurrently pennit applications pursuant 

to subchapter 12 and penni! appli· 

cations pursuant to subchapter 7. 

Tha proposed amendments to 

ARM 17.8.505 clarify the rule 

regarding the fee payment for 

each type of permit application. 

The proposal also includes various 

non-substantive "housekeeping" 

changes. 

3. The proposed amendments to 

ARM 17.8.308 and 17.8.744 would 

make the rules consistent with a 

statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code 

Ann. §75-2-111 as amended by 

the 2007 Legislature in HB 291. 

4. Interested persons may view 

the proposed rulas on the 

Department's weboite at 

hnp·/Ideq.mt qQvldjr/laqal/hearor may call the 

Department at 406·444·7916 tQ 

have a CQPY made available for 

their inspaction. 

5. The State of MQntana makes 

reasonable accQmmodatlons fQr 

any knQwn disability that may 

interfere with a person's ability to 

participate in state gQvernment 

proceedings. Persons needing 

accQmmQdation must nQtify Elois 

Johnson by calling 406·444-2630 

nQ later than 5:00 p.m., November 

17, 2008 tQ allQw adequate time to 

arrange reasonable accommodation. 

6. Interested persons may submit 

their data, views, or arguments 

regarding these documents at the 

hearing. Written data, views, Qr 

arguments may alsQ be submitted 

tQ Etois JQhnson in person at 1520 

E. 6th Avenue, Helena, Montana, 

by mail at: P.O. BQX 200901, 

Helena, Montana 59620-0901, by 

. fax at: 406-444-4386, Qr bye-mail 

at ejQhnson@mt.gov. All written 

comments must be received no 

later than 5:00 p.m., November 25,
 

2008.
 

(Published OctQber 24, 2008)
 

ttlT Dept. of En";ron~ental QU<J'i\y 

l'ermlffing &Corrniia'CB r)"Jis\,jc .!' J" .... 

Affidavit of Publication
 

3 

STATE OF MONTANA 

County of Custer } ss. 

Mary Halvorson, being duly sworn on her oath, says that 

she has been the principal clerk of the printer of the 

MILES CITY STAR, a daily newspaper of general 

circulation, printed and published at Miles City, in said 

County and State. That The ARM 5019-055. A printed 

and true copy which, cut from the columns of said 

newspaper, is hereto attached, and made a part hereof, 

was printed and published in said newspaper, in the 

regular and entire issue of every number of the paper 

during the period, October 24,2008. 

Signed '1~ OJ. Ut2ii/avm,) • I 7 

Subscribed and sw~m to before me this a.?~

daY)£~ ,2008

~~

Sharon Cline, Notary Public for the state of Montana, 

residing at Miles City. My Commission Expires October 

31,2009. 
Ad Number: 3603657 

MONTANA DEPARTMENT OF
 

ENVIRONMENTAL QUAI.ITV
 

NOTICE OF PUBLIC HEARING
 

ARM5019-057
 

1. On November 25, 2008 at 

1:30 p.m., or as soon there· 

after as can be heard, the 

Department of Envlronmen· 

tal Cuallty shall hold a pUb­ lic hearing In Room 111 of 

the Metcalf Building, 1520 E. 

6th Avenue, Helena, Montana, to take public com­ ment regarding the propos· al of the Montana Board Of 

Environmental Review to re­ vise air quality rules In the 

Administrative Rules of 

Montana. The Department also proposes submitting ARM 17.8.308 and 17.8.744 to 

EPA for Inclusion Into the 

state Implementation Plan 

(SIP). 

2. The proposed amendments to ARM 17.8.1205 

would eliminate the re­ ._qulrement to submit con· 'urrently permit appllca­ .Ions pursuant to subchapter 12 and permit appllca· tlons pursuant to subchap­ ter 7. The proposed amend· 

ments to ARM 17.8.505 clarl' 

fy the rule regarding the 

fee payment fOr each type of permit application. The 

proposal also Includes vari­ ous non·substantlve "housekeeping" changes. 

3. The proposed amend· 

ments to ARM 17.8.308 and 

17.8.744 would make the 

rules consistent with a stat· 

utory exemption from regu· latlon created for certain 

agricultural activities pursu· 

ant to Mont. Code Ann. 

§75-2-111 as amended by the 2007 Legislature In HB 

291. 

4. Interested persons may View the proposed rules on the Department's website atJUgtifl: 

lea~g\r,t gov/dlrLor may call the Department at 

406·444·7916 to have a copy made available fOr their Inspection. 

5. The State of Montana 

makes reasonable accom· modatlons fOr any known

disability that may Interfere 

with a person's ability to 

participate In state govern· ment proceedings. Persons 

needing accommodation 

must notify Elols Johnson 

by calling 406'444-2630 no later than 5:00 p.m.! Novem· 

ber 17, 2008 to alow adequate time to arrange rea· sonable accommodation. 

6. Interested persons may submit their data, views, or arguments regarding these ._ documents at the hearing. Written data, views, or argu· ments may also be submit· 

ted to Elols Johnson In per­ son at 1520 E. 6th Avenue, Helena, Montana, by mall at: P.O. BOX 200901, Helena, Montana 59620·0901, by fax 

***** AFFIDAVIT OF PUBLICATION ***** 

OCT 2 7 2008 

The BILI.INGS GAZETIE MT Dept. Environmental auality

401 I\J. 28th Pennilling &Compliance Divison 

Air Resources Management Bureau Billings, MT 59101 

Phone: (406) 657-1212 Fax: (406) 657-1345 

"~o f~ \:-' ';:1 '. ' being first duly sworn, deposes and says: That 

s e is Ii principiil d '0 The Billings Gazette, a newspaper of general circulation pUblished daily in the City of Billings, in the County of Yellowstone, State 

of Montana, and has charge of the Advertisements thereof. 

That the: 4 (~f,u') legal regarding: 

ARMB5019-057 

a true copy of which is hereto annexed, was published in said newspaper on 

the following dates: vt 

/0 () ;JoK 

Making all publication(s) 

Mar~j)elow if certificatation for the State of Montana. 

_____11,.1 hereby certify that I have read sec. 18-7-204 and 18-7-205, MCA, and 

subsequent revisions, and declare that the price or rate charged the State of 

Montana for the publication for which claim is made in the attached papers In 

the amount of $ 44.00 is not in excess of the minimum rate charged any other 

advertiser for pUblication of advertisement, set in the same size type and published for the sam mber of insertions. I further cert' this claim is correct 

and just in all re ects, and that payment or credo as not een received. 

STATE OF MONTANA 

County of Yellowstone 

On this day of Oct 23, 2008, before me, the undersigned, a Notary Public for the 

State of Montana, personally appeared N.e ( 4=Ce ,known 

to me to be the person whose name is sUbSClbed to the within i trument and 

acknowledged to me that he/she executed same. IN WITNESS WHEREOF, I 

have hereunto set my hand and affixed my notarial seal the day and year first 

abov~ written. .,,;. 

NOTARY for the State of Montana
 

Remdlogal."U0ll",MT ~' 'A>C-.ri,.O\ ,
 My c _ ' WIres: ,--..... ;'...J I . 

. "\ p.I'!\M '( I!t;r\'l't'h 

d 

""_,QT"1/? ···.··f· ~: ,,-- ' 0.: ~~

•••• ···,.·',.7 ",\ Tammy Hair 

<". \'" 

Page 1 
***** AFFIDAVIT OF PUBLICATION ***** 

The BILLINGS GAZETTE
 

401 N. 28th
 

Billings, MT 59101
 

Phone: (406) 657-1212 Fax: (406) 657-1345
 

at: 406-444-4386, or by e­ mail at ejohnson@mt gOY 

All written comments must be received no later than 

5:00 p.m .. November 25, 

2008. 

October 23, 2008 

Page 2 
R£C£IV£D
 

OCT 2 '1 2008 

MT ~ept. Environmental Quality 

Jermitting &Compliance Oiv;son 

rResources Management Bureau 

AFFIDAVIT OF PUBLICATION
 

THE GREAT FALLS TRIBUNE
 

205 RIVER DRS
 

GREAT FALLS, MT 59405
 

Phone: (406) 791-1444
 

Toll Free (800) 438-6600 

Terri VanLieshout, being first duly sworn deposes and says that GREAT FALLS 

TRIBUNE COMPANY is a corporation duly incorporated under the laws of the State of 

Delaware, that the said GREAT FALLS TRIBUNE COMPANY is the printer and 

publisher of the GREAT FALLS TRIBUNE, a daily newspaper of general circulation of 

the County of Cascade, State of Montana, and that the deponent is the principal clerk 

of said GREAT FALLS TRIBINE COMPANY, printer of the GREAT FALLS TRIBUNE, 

and that the advertisement here to annexed..... 

MT DEQ NOTICE OF PUBLIC HEARING ARM 5019-053 

Has been correctly published ONE time in the regular and entire issue of said paper 

on the following dates 

::-'.. f .OCTOBER 23 2008 RO 

·\..\lc.'t'\...\ \ l"-_ (\.."3-\\~\.hbl.k\ "'+­

STATE OF MONTANA \1\...._ 

County of Cascade 

24TH 

Public of the State of Montana, personally appeared Terri VanLieshout, known to me 

to be the person whose name is subscribed to the within instrument and 

acknowiedged to me that she executed the same. 

On this day of OCTOBER 2008, before me the undersigned, a Notary 

In witness whereof, I have hereunto set my hand and affixed my Notarial Seal the day 

and year first above written. 

Vivian A Hunter _
 

Print Name
 

Signature 

NOTARY PUBLIC for the State of Montana 

Residing in Cascade County __ 

My commission expires: : 11/12109 

MONTANA DEPARTMENT OF 

ENVIRONME NTAL QUALITY 

NOTICE OF PUBLIC 

HEARING 

AR MS019-4lS3 1. On November 25, 2008 at 1:30 p.m., or as soon thereafter as can be 

heard, the Department of

Environmental Quality shall hold a public hearing in Room 11 I of the 

Metcalf Building, 1520 E. 

6th Avenue, Helena, Montana, to take public com­ ment regardIng the pro­ posal of the Montana 

Board of Environmental 

Review to revise ai r quality rules in the Administrative Rules of 

Montana. The Depart­ ment also proposes submitting ARM 17.8.308 and 

17.8.744 to EPA for inclusion into the State Imple· mentation Plan (SIP). 2. The praposed amend­ ments to ARM 17.8.1205 

would eliminate the re­ Quirement to submit con­ currently permit opplications pursuant to subchapter 12 and permit applications pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the 

rule regarding the fee 

payment far each type of

permit application. The 

proposal also includes 

variaus non-substantive 

nhousekeeping" changes. 

3. The proposed amend· ments to ARM 17.8.308 

and 17.8.744 would make 

the rules consistent with a statutary exemption 

from regUlation created 

for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2·111 as amended by the 2007 

Legislature in HB 291. 

4. Interestea persons 

may view the proposed rules on the Department's website at !J!1e.;fl deg.QJt goyfdjrlle9gl1 hegrlng gsp or may call 

the Department at 406· 444·7916 to have a COpy made available for their 

inspection.

5. The State of Montona 

makes reasonable ac­ commodations for any known disability that 

maY interfere with a per­ son's ability to partici­ pote in state government 

proceedings. Persons 

needing accommodation must notify Elois John­ son bY calling 406­

444-2630 no later than 

5:00 p.m., Navember 17, 

2008 to allow adequate time to arrange reasona· ble accommodation. 

6. Interested persons 

may submit their data, 

views, or arguments re­ g!lrding these documents at the hearing. Written 

data. views, or argu­ ments may also be submitted to Elois Johnson 

in person at 1520 E. 6th 

Avenue, Helena, Montana, bY mail at: P.O. 

Box 200901, Helena, Mon­ tana 59620-0901, by fax at: 406·444-4386, or by e-mail at ej!lhnson@mt. 

gov. All written com­ ments must be received no later than 5:00 p.m., 

November 25, 2008. 

(202886) 1003. 

Montana Department of 

ENVJ[RONMENlALQUAIl[TV Brian Schweitzer, Governor 

P.O. Box 200901 0 Helena, MT 59620-090] 0 (406) 444-2544 0 www.deq.mt.gov 

October 23, 2008 

Representative Jack Ross, Interested Parties and APCAC members: 

In 2007, the Legislature, concerned about the possible regulation of certain 

agricultural hay-grinding activities, passed HB 291 which amended the authority 

of the Board of Environmental Review to regulate agricultural business. Because 

the current agricultural exemption in the Board's air quality rules is not sufficiently 

broad to encompass the activities the Legislature defined as exempt, the rules 

are proposed for amendment. 

The Board also proposes amending Title V permit processes to ensure a MAQP 

and a Title V permit may be processed in an order that preserves the integrity of 

the timelines and, therefore, the validity of the final decision for each. The Board 

also proposes a change in the fee rule to ensure an applicant is appropriately 

charged for each permit application when applying for both an MAQP and a Title 

V permit for the same proposal. 

Please help us save paper and postage by signing up on our website to receive 

these notices electronically at: http://deq.mt.gov/AirQuality/AQinfo.asp or 

notifying Debra Wolfe, at: dwolfe@mt.gov or (406) 444-7916 if you no longer 

wish to be on the Interested Parties mailing list. 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY 

NOTICE OF PUBLIC HEARING 

1.	 On November 25,2008 at 1:30 p.m., or as soon thereafter as can be heard, the 

Department of Environmental Quality shall hold a public hearing in Room 111 of the 

MetcalfBuilding, 1520 E. 6th Avenue, Helena, Montana, to take public comment 

regarding the proposal of the Montana Board of Environmental Review to revise air 

quality rules in the Administrative Rules of Montana. The Department also proposes 

submitting ARM 17.8.308 and 17.8.744 to EPA for inclusion into the State 

Implementation Plan (SIP). 

2.	 The proposed amendments to ARM 17.8.1205 would eliminate the requirement to submit 

concurrently permit applications pursuant to subchapter 12 and permit applications 

pursuant to subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule 

regarding the fee payment for each type of permit application. The proposal also 

includes various non-substantive "housekeeping" changes. 

3.	 The proposed amendments to ARM 17.8.308 and 17.8.744 would make the rules 

consistent with a statutory exemption from regulation created for certain agricultural 

activities pursuant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature in 

HB 291. 

4.	 Interested persons may view the proposed rules on the Department's website at 

http://deg.mt.gov/dir/legal/hearing.asp or may call the Department at 406-444-7916 to 

have a copy made available for their inspection. 

5.	 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 notify Elois Johnson by calling 406-444-2630 no 

later than 5:00 p.m., November 17, 2008 to allow adequate time to arrange reasonable 

accommodation. 

6.	 Interested persons may submit their data, views, or arguments regarding these 

documents at the hearing. Written data, views, or arguments may also be submitted to 

Elois Johnson in person at 1520 E. 6th Avenue, Helena, Montana, by mail at: P.O. Box 

200901, Helena, Montana 59620-0901, by fax at: 406-444-4386, or bye-mail at 

ejohnson@mt.gov. All written comments must be received no later than 5:00 p.m., 

November 25, 2008. 
Email Address 

2horses@nemontel.net 

adambenkirane@hotmail.com 

aday@trinityconsultants.com 

ahedges@meic.org 

ahmed.sallam@sharbatlyfruit.com 

allenassociates@qwest.net 

andrea.perez@hexion.com 

asl@attglobal.net 

aussie_northcott@hotmail.com 

azzie_301 @hotmail.com 

barmiger@cavtel.net 

bcourtney@fiberpipe.net 

bdhohn@hohneng.com 

bdundas@truecos.com 

beamman6056@msn.com 

berrysoup@yahoo.com 

bhabeck@mt.gov 

bholland@crowleylaw.com 

bjohnson@summite.com 

bml@stateside.com 

bmontgomery@montana-wcc.com 

boschleicher@mt.gov 

bovard.tiberi@gmail.com 

brian.mchugh@tetratech.co.m 

brian.zieske@malmstrom.af.mil 

bsoamj@3rivers.net 

BSquires@nicnd.com 

Bstevenson@rosipower.com 

bsublasky@emsl.com 

bullorj@bp.com 

burns.betsy@epa.gov 

bvaughn@montana.com 

calvin.e.kidney@wellsfargo.com 

carlsonj@ho.missoula.mt.us 

cartoonsmart@mac.com 

cash 1230@esaphaseone.com 

cathy.atkins@rma.army.mil 

cathyl@bkbh.com 

chuck.buus@riotinto.com 

cindymed@hotmail.com 

cmhd@midrivers.com 

colburnm@ho.missoula.mt.us 

coolnickjr@hotmail.com 

cpowell@buysandassociates.com 

craig_nicholls@blm.gov 

crose@3rivers.net 

crwindmueller@wtrconsulting.com 

dan.corti@mso.umt.edu 

dan.reilly@noaa.gov 

daniel.cole86@yahoo.fr 

daveduttonfraser@yahoo.com 

Name 

Debbie Madison 

sss 

Aaron Day 

Anne Hedges 

Don Allen 

Andrea 

Alan S. Lafohn 

robert 

k 

William Armiger 

Bill Courtney 

Brian Hohn 

Bob Dundas 

Anderson 

bonita 

Bob Habeck 

B. Holland 

Bruce Johnson 

Becky Lukaesko 

Bob Montgomery 

Bob Schleicher 

Bovard Tiberi 

Brian McHugh 

Brian Zieske 

Mary Jane McGarity 

Bruce Squires 

Bruce Stevenson YELP 

ben 

Robin Bullock 

Betsy Burns 

Barbara Vaughn 

Calvin Kidney 

Jim Carlson 

BUddy Rogers 

John Meyers 

Cathy Atkins 

Cathy Laughner 

Charles D. Buus 

Cindy 

Mike Rinaldi 

Mamie Colburn 

randy lahey 

Chad Powell 

Craig L. Nicholls 

Corrine Rose 

C. Ray Windmueller 

Dan Corti 

Dan Reilly 

daniel cole 

dave 
davidJong@eogresources.com 

dblank@ncpa.org 

dbusby@montanarefining.com 

dday@stimsonlumber.com 

dhrubes@midrivers.com 

dianewilliams194@hotmail.com 

diannalin@msn.com 

djncjn@interbel.net 

dmyran@montana-wcc.com 

dominik.enkelmann@atasystem.it 

don.potts@cfc.umt.edu 

donald.may@tetratech.com 

donston71@yahoo.com 

dpaulsen@ala-nr.org dpavuk@crowleylaw.com 

dpowers@bsb.mt.gov 

dpowers@summite.com 

dquander@hollandhart.com 

dshonerd@multistate.com 

dsimonson@mt.gov 

dsimpson@montana-wcc.com 

dtooke@sustainableinc.com 

dwalsh@mt.gov 

dwolfe@mt.gov 

ed@mt.net 

edward.pettit@wbip.com 

eerp@mt.gov 

eisele.adam@epa.gov 

ellen@rfpco.com 

emilieboyles@yahoo.com 

fcrowley@doneylaw.com 

frank@shumaker.psemail.com 

frankschumacher@mountainviewcoop.com 

gabe.johnson@riotinto.com 

gaila_consulting@msn.com 

gcm@sierraresearch.com 

geraldschlosser@benefis.org 

ggraham@montanarefining.com' 

gmcgann@co.carbon.mt.us 

govtfeed@enstreet.com 

Greg. brown@chsinc.com 

grenzconnie@hotmail.com 

grey-nicolls@hotmail.com 

hestmark. martin@epa.gov 

hpeterson@mtech.edu 

hrobbins@bison-eng.com 

huhtanend@niaid.nih.gov 

info@kakuk.com 

info@lion.com 

info@northernplains.org 

Jackie. Flikkema@Kniferiver.com 

jackross@nemontel.net 

jade.stokke@riotinto.com 

David Long 

Danielle Blank 

Dexter Busby 

Don Day 

David Hrubes 

Diane Williams 

Dianna Lintner 

Dave Newburn 

Darrel Myran 

d 

Dr. Don Potts 

Don May 

Don Bostic 

Dick Paulsen 

D. Pavuk 

Dan Powers 

Dan Powers 

Don Quander 

David Shonerd 

Dave Simonson 

Dave Simpson 

David Tooke 

Dan Walsh 

Deb Wolfe 

Ed Santos 

Ned Pettit 

Elton Erp 

- Adam Eisele 

Ellen Porter 

emilie boyles 

Frank Crowley 

frank 

Frank Schumacher 

Gage Johnson 

Gail Abercrombie 

Gabe McAuliffe 

Gerald Schlosser 

George Graham 

Gregory McGann 

rohan 

Greg Brown 

Connie Grenz 

robert 

Martin Hestmark 

Holly Peterson 

Hal Robbins 

Diane Huhtanen 

Michael Kakuk 

Lion Technologies 

Northern Plains Resource Council 

Jackie Flikkema 

Jack Ross 

- Jade Stokke 
Jagadeesan.Sethuraman@whiting.com 

jake.weirich@edaw.com 

jakenny@mt.gov 

jcarlin@mt.gov 

jchaffee@bison-eng.com 

jcoefield@mt.gov 

jeff@ajaxcomputernetworking.com 

Jenna_k_02@hotmail.com 

jennifergoldman@ogap.org 

jenomara@mt.gov 

jfbriggs@smurfit.com 

jfladland@co.lewis-c1ark.mt.us 

jford2@mt.gov 

jhepke@lclark.edu 

jhughes@mt.gov 

Jiakun.zhang@stjude.org 

jmparker@pplweb.com 

joe.w.lierow@exxonmobil.com 

Joe@shumaker.psemail.com 

JOELKelm@msn.com 

John.Jones@larltd.com 

John@SenatorJohn.net 

jrussell@flathead.mt.gov 

jsesso@bsb.mt.gov 

jsites@crowleylaw.com 

jugorowski@mt.gov .....-... kdavid@flathead.mt.gov 

Kfetherston@bna.com 

kgessaman@mt.gov 

khooper@libby.org 

kirstLgilmour@hotmail.com 

kmoore@co.lewis-clark.mt.us 

krobertson@mjbradley.com 

kwalsh@enviroconsult.com 

kwebb@m-m.net 

larry@montanasulphur.com 

Ibauer@pcmh.org 

Iclark@fs.fed.us 

lee@prrlaw.com 

library@crowleylaw.com 

Ijordan@ravallicounty.mt.gov 

lIaknar@co.beaverhead.mt.us 

Imoody@all-lIc.com 

Izanto@mt.gov 

macka_maka@hotmail.com 

mariewithmine_20@yahoo.fr 

mark@aspence.net 

mbarton@co.missoula.mt.us 

mbasta@greatfallsmt.net 

mbrydges@mmm.edu 

mcferrins@mt.net 

mclaundr@midrivers.com 

mcsani@3rivers.net 

Jagadeesan Sethuraman 

Jake Weiriich 

Jake Kenny 

Jim Carlin 

Jeff Chaffee 

John Coefield 

Jeff 

Jenna Loring 

Jennifer Goldman 

Jenny O'Mara 

Jeff Briggs 

Jason Fladland 

McCloud (Joe) Ford 

Johannes Epke 

Jim Hughes 

Jiakun Zhang 

Jim Parker 

Joe Lierow 

Joe Aline 

Joel Kelm 

John Jones 

John Brueggman 

Joe Russell 

John Sesso 

J. Sites 

Joe Ugorowski 

Kelly David 

Kevin Fetherston 

Kathy Gessaman 

Kathi Hooper 

Kirsty Gilmour 

Kathy Moore 

KRopertson 

Kevin Walsh 

Kristi Webb 

Larry Zink 

Leonard Bauer 

Lori Clark 

Lee Bruner 

Crowley Law 

Lea Jordan 

Larry Laknar 

Lee Moody 

Lynn Zanto 

robert 

Marie Atata 

Mark C. Peterson 

Michael Barton 

Martin Basta 

michael 

Felicity McFerrin 

Alan Glueckert 

Ralph Hamler 
mhillman@trinityconsultants.com 

Mike_Philbin@mt.blm.gov 

Mitchell. Leu@plumcreek.com 

mitsi@qwest.net 

mmca@mttrucking.org 

mmeadows@sfwmd.gov 

mpa@montanapetroleum.org 

mpontiff@newfield.com 

mrlambrecht@pplweb.com 

mtaudubon@mtaudubon.org 

mtcoal@aol.com 

muffie@ns.sympatico.ca 

mwignot@hydrometrics.com 

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10:30 a.m. Room 111, Metcalf 5:00 p.m. Proposed Amendment (Air Quality -

NOllember Building, 1520 East NOllember 25, Particulate Matter, Permit Application Fees, 

25,2008 SiHth Allenue, 2008 General EHclusions for Air Qualit~, Permits, 

Helena, Montana Reguirements for Timely <snd Complete Air 

qualit~' Oper<sting Permit Applications- I r·.., AR Notice No. 17-278) I 

10:30 a.m. Room' 35, Metcalf Proposed Amendment (Underground 

Noyember 

5:00 p.m. 

Building, 1520 East NOllember 6, Storage Tanks - Leak Detection of 

5,2008 SiHth Allenue, 2008 Underground Storage Tanks - MAR Notice 

Helena, Montana No. 17-277) 

Notice ofEHtension of Comment Period on 

January 2, 

5:00 p.m. 

Proposed Amendment (See 17-254 below) 

2009 (W<ster Ouality - Outstanding Resource 

It'!ater Design<stion for the Gallatin Ri'.'erI MAR Notice No. 17-276) I 

9:30 a.m. Room 35, Metcalf 5:00 p.m. Proposed Amendment (Air Quality - Air 

September Building, 1520 East September qualit'J Operation Fees and Open Burning 

17,2008 SiHth Allenue, 25,2008 Fees - MAR Notice No.1 7-275) 

Helena, Montana 

9:30 a.m. Room 35, Metcalf 5:00 p.m. Proposed Amendment (Air Oualit't ­

September Building, 1520 East September Incorporation by Reference of Current 

17,2008 SiHth Allenue, 25,2008 Federal Regulations and Other Materials 

Helena, Montana Into Air Quality Rules - MAR Notice No, 

1:30 p.m. Room 35, Metcalf 5:00 p.m. 

September Building, 1520 East September 

17,2008 SiHth Allenue, 25,2008
 

Helena, Montana
 

17-274) I 

Proposed Amendment and Adoption (Public 

"'!ater Supply - Incorporation by Reference 

of Current Federal Regulations and Other 

Materials in the Public Water Supply Rules -

MAR Notice No. 17-273) 

Link to Federal Register for Lead and 

Copp er Short Tenn Revisions 

3:00 p.m. Room 111, Metcalf 5:00 p.m. Proposed Amendment (Air Ouality - Air 

August 6, Building, 1520 East August 14, Ouality Operation Fees and Open Burning 

2008 SiHth Allenue, 2008 Fees - MAR Notice No. 17-272) 

Ag Exemptions / Title V Concurrent Applications
 

Testimony for Hearing - 11/25/08
 

Good afternoon. My name is Debra Wolfe and I am a planner with the Air 

Resources Management Bureau. I'm here today to represent the department 

regarding rule revisions in the matter of agricultural exemptions to regulation 

and the removal of the requirement regarding the concurrent application process 

for Title V and Montana Air Quality Permit Applications. 

With regard, firstly, to the amendments to exempt agricultural activities. In 

2007, the Montana Legislature amended Mont. Code Ann. §75-2-111 to limit the 

regulation of certain agricultural activities for air quality purposes. The 

references to agricultural exemptions in the current rules are not sufficiently 

broad to encompass the activities the Legislature defined as exempt in Mont. 

Code Ann. 75-2-111(1)(a) & (b). 

The current rules do not exempt commercial agricultural operations; however, 

the statute exempts commercial agricultural operations that remain in a single 

location for less than 12 months and are not subject to federal permitting 

reqUirements. The rules would be revised to be identical to the statutory 

exemption. 

Secondly, with regard to the changing reqUirements for Title V permit 

application, the department proposes amending the language to ensure a 

Montana Air Quality Permit (MAQP) and a Title V permit may be processed 

individually in an order that preserves the integrity of the timelines and, 

therefore, the validity of the final decision on each application. The amendment 

of ARM 17.8.504(2)(c) also ensures an applicant is appropriately charged for 

each permit application when applying for both an MAQP a Title V permit for the 

same proposal. 

Title V permits must include all requirements applicable to the facility, so it is 

impractical to issue a Title V permit prior to issuing a final MAQP, when a MAQP 

also is reqUired. Upon receipt of a complete application for a Title V permit, the 

Department is reqUired, pursuant to ARM 17.8.1220(2), to take final action 

regarding the application within 18 months. However, the two processes 

address different requirements and have different timeframes. The processing of 

one permit application process may have little to do with the requirements for 

processing the other. To correct this situation, the Department proposes that 

the Board amend ARM 17.8.1205(2)(c) to require submission of an application 

for a Title V permit within 12 months after commencing operation, or, if an 

existing permit would prohibit the proposed construction or other change, before 

commencing operation. 

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•
 
Montana Department of 

ENVl[RONMENTAILQlJillfV Brian Schweitzer, Governor 

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

OFFICE MEMORANDUM 

TO: Montana Board of Environmental Review 

FROM: David M. Rusoff, DEQ Staff Attorney 

SUBJECT: House Bill 521 and House Bill 311 review for proposed amendment of ARM 

17.8.308, 17.8.504, 17.8.744, and 17.8.1205. 

DATE: November 24,2008 

HB 521 REVIEW 

(Comparing Stringency of State and Local Rules 

to Any Comparable Federal Regulations or Guidelines) 

Sections 75-2-111 and 207, MCA, codify the air quality provisions ofHouse Bill 521 , from the 1995 

legislative session, by requiring the Board ofEnvironmental Review to make certain written findings 

after a public hearing and public comment, prior to adopting a rule to implement the Clean Air Act 

of Montana that is more stringent than a comparable federal regulation or guideline. 

In this proceeding, the Board is proposing to amend ARM 17.8.308 and 17.8.744 to implement 

amendments by the 2007 Montana Legislature to Section 75-2-1 11(l)(a) and (b), MCA, which 

amendments prohibit the Board from adopting permitting requirements or other rules, other than 

open burning rules, relating to: 

(a) any agricultural activity or equipment that is associated with the use of agricultural 

land or the planting, production, processing, harvesting, or storage of agricultural crops 

by an agricultural producer and that is not subject to the requirements of 42 U.S.c. 7475, 

7503, or 7661 [federal major source requirements]; or 

(b) a commercial operation relating to the activities or equipment referred to in 

subsection (a) that remains in a single location for less than 12 months and is not subject 

to the requirements of42 U.S.c. 7475, 7503, or 7661. 

These legislative amendments placed in statute the agricultural exemption from particulate 

matter control and permitting requirements for agricultural activities, other than the processing of 

agricultural products by a commercial business, currently found in ARM 17.8.308(5) and 

17.8.744(l)(d), and expanded the exemption so that it also applies to commercial businesses 

1 

Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division 
unless they remain in a single location for 12 months or more. The legislative amendments also 

clarified that the exemption does not apply to emission sources subject to federal major source ­

permitting requirements. 

The rule amendments are being p:r;oposed to conform the Board's rules to the statutory 

amendments. Although the statutory amendments expressly prohibit only "adoption" of rules 

regulating exempt agricultural emission sources, the Legislature placed the amendments in 

Section 75-2-111, MCA, which delineates the general powers of the Board, indicating a 

legislative intent that the Board not regulate these emission sources either through enforcing 

existing rules or through adoption of new rules. 

HB 521 does not apply to rules "required by state law." Although, the Board is not necessarily 

required to amend its rules to conform to the statutory amendments, the rule amendments are 

required in order for the rules to conform to state law. Also, there are no federal air quality 

regulations or guidelines addressing agricultural activities or equipment, other than regulations 

applicable to major stationary facilities, in general. Because major stationary facilities are not 

covered by the agricultural exemption, there are no federal regulations or guidelines that are 

comparable to the state agricultural exemption. Further, the proposed rules would broaden the 

exemption for agricultural activities and equipment and would not make the state rules more 

stringent. (SO, the proposed amendments would not make the state rules more stringent than 

comparable federal regulations or guidelines, and HB 521 does not apply. 

The Board also is proposing to amend ARM l7.8.504(2)(a) and 17.8.1205(2)(b), to allow the 

Department to charge separate application fees of$500 for each application, when an application for 

a Title V air quality operating permit is submitted simultaneously with an application for a Montana 

Air Quality Permit, and to allow owners and operators to wait until after the Department's decision 

regarding the application for a Montana Air Quality Permit has become final before submitting an 

application for a Title V permit. 

The language ofSection 75-2-207, MCA, impliesthat it was intended to apply only to standards such 

as emission limits and that it was not intended to apply to fee rules or to procedural requirements, 

such as requirements related to the timing ofpermit applications. The statutory language requiring a 

finding that the proposed "state standard or requirement" protects public health or the environment, 

can mitigate harm to public health or the environment, and is achievable under current technology 

does not seem applicable to fee rules or procedural requirements. Further, the statutory language 

requiring reference to peer-reviewed scientific studies in the record also is not applicable to fee rules 

or procedural requirements. 

However, even if HB 521 applied to the present rulemaking, the proposed changes to the fees in 

ARM 17.8.504(2)(a) would not make the State's rules more stringent than comparable federal 

regulations or guidelines. Federal statutes and regulations require states to maintain an air quality 

permit and permit fee program for major sources subject to regulation under the federal Clean Air 

Act (FCAA). The fee requirements are set by statute in Section 502 of the FCAA, 42 USC § 

7661a(b)(3)(B), and are restated in federal regulations at 40 CFR § 70.9. Neither the FCAA nor 

-. 2 
federal regulations set specific air quality pennit fees or address pennit application fees. 

Also, the proposed changes to the Title V pennit application timing requirements in ARM 

17.8.1205(2)(b) would not make the State rules more stringent than federal regulations or guidelines. 

Federal law related to the timing of Title V air quality operating pennit applications requires 

submission of an initial application for a Title V pennit within 12 months after the facility becomes 

subject to the Title V pennit program or by any earlier date established by the pennitting authority. § 

503(c), of the FCAA, 42 U.S.C. § 7661b(c); and 40 CFR § 70.5(a)(I)(i). A new major source 

becomes subject to the Title V program upon commencement ofoperation. § 502(a), ofthe FCAA, 

42 U.S.c. § 7661a(a); and 40 CFR § 70.5(a)(1)(ii). Federal law requires the owner or operator to 

obtain a pennit revision prior to making a modification or change in operation that would violate an 

existing Title V pennit. 40 CFR § 70.5(a)(1)(ii). The proposed amendments to ARM 

17.8.1205(2)(b) are consistent with, and not more stringent than, these federal provisions. 

In summary, HB 521 may not apply to the proposed amendments to ARM 17.8.308 and 17.8.744 

because the amendments merely confonn the Board's rules to state law. However, even ifHB 521 

otherwise would apply, it doesn't apply because there are no comparable federal'regulations or 

guidelines, and the proposed amendments would not make the state rules more stringent. 

HB 521 probably doesn't apply to the proposed amendments to ARM 17.8.504(2)(a) and 1205(2)(b) 

because HB 521 was intended to apply to standards and not fee rules and procedural requirements. 

However, as with the proposed amendments to ARM 17.8.308 and 17.8.744, even if HB 521 

otherwise would apply, it doesn't apply because the proposed amendments would not make the rules 

more stringent than comparable federal regulations or guidelines. 

Therefore, no further House Bill 521 analysis is required. 

HB 311 REVIEW
 

(Assessing Impact On Private Property)
 

Sections 2-10-101 through 105, MCA, codify House Bi1l311, the Private Property Assessment Act, 

from the 1995 Montana Legislature, by requiring 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. Under Section 2-10-103(1), MCA, "action with taking or damaging 

implications" means: 

a proposed state agency administrative rule, policy, or pennit condition or denial 

pertaining to land or water management or to some other environmental matter that if 

adopted and enforced would constitute a deprivation ofprivate property in violation 

ofthe United States or Montana constitution. 

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

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

implications. 

3 
The present proposed action involves rule amendments affecting use ofprivate real property, and the 

Board has discretion legally not to take the action, with the possible exception of the proposed 

amendments to conform the rules to the statutory agricultural activity exemption. So, I completed an 

Attorney General's Private Property Assessment Act Checklist, which is attached to this memo. The 

proposed rule amendments would not: 

*	 result in either a permanent or indefinite physical occupation ofprivate property; 

*	 deprive any owner of all economically viable uses ofprivate property; 

*	 deny a fundamental attribute of private property ownership; 

*	 require a private property owner to dedicate a portion of property or grant an 

easement; 

*	 have a severe impact on the value of private property; or 

*	 damage private property by causing a physical disturbance with respect to the 

property in excess ofthat sustained by the public generally. 

Based upon completion ofthe attached Attorney General's Checklist, the proposed rulemaking does 

not have taking or damaging implications, and no further House Bill 311 assessment is required. 

Ene. 

DMR 

_.
 

4 
Name of Project: Proposed Amendment of Air Quality Rules ARM 17.8.308, 17.8.504, 17.8.744, and
 

17.8.1205
 

MAR Notice No. 17-278
 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST
 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGIN"G 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? 

X 2. Does the action result in either a pennanent or indefinite physical occupation of 

private property? 

X 3. Does the action deprive the owner of all economically viable uses ofthe property? 

X 4. Does the action deny a fundamental attribute of ownership? (Ex.: right to exclude 

others; right to dispose of the property) 

X 5. Does the action require a property owner to dedicate a portion of property or to grant 

an easement? [If the answer is NO, skip questions 5a and 5b and continue with question 

6.] 

5a. Is there a reasonable, specific connection between the government requirement and 

legitimate state interests? 

5b. Is the government requirement roughly proportional to the impact of the proposed 

use ofthe property? 

X 6. Does the action have a severe impact on the value of the property? (Consider 

economic impact, investment-backed expectations, and the character of the 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 public generally? [If the answer 

is NO, do not answer questions 7a - 7c.] 

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

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

waterlogged, or flooded? 

7c. Has government action diminished 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 Taking or damaging implications? (Taking or damaging implications exist if YES is 

checked in response to question 1 and also to anyone or more ofthe following questions: 

2, 3,4,6, 7a, 7b, or 7c; or if NO is checked in response to question 5a or 5b. 

NO WRITTEN PUBLIC TESTIMONY WAS RECEIVED.
 
· 11
 
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

In the matter of the amendment of 

ARM 17.8.308,17.8.504, 17.8.744, ) 

and 17.8.1205 {>ertaining to particulate matter, 

permit applicatIOn fees, general PRESIDING OFFICER 

exclusions for air quality permits, and REPORT 

requirements for timely and complete air quality 

operating permit applications ) 

1. On November 25, 2008, at 1:30 p.m., the undersigned Presiding 

Officer presided over and conducted a public hearing held in Room 111 of the 

Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to take public 

comment on the above-captioned proposed amendments. The amendments 

implement Mont. Code Ann. § 75-2-111exempting certain agricultural activities for 

air quality purposes. The amendments also change requirements for Title V permit 

applications such that a Montana Air Quality Permit (MAQP) and a Title V permit 

may be processed individually. 

2. Notice ofthe hearing was contained in the Montana Administrative 

Register (MAR), Notice No. 17-278, published on October 23,2008, in Issue No. 20 

at pages 2224 through 2231. A copy of the notice is attached to this report. 

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

3. The Court Reporter, Susan Johnson, of Lesofski Court Reporting, 

located in Helena, Montana transcribed the hearing. 

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

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

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

Code Ann. § 2-4-302(7)(a). 

PRESIDING OFFICER REPORT 

PAGE 1 
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SUMMARY OF HEARING 

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

Bureau, Department ofEnvironmental Quality submitted a written statement. (The 

written statement is attached.) 

6. There were no written comments submitted. 

7. A written memorandum was submitted from DEQ staff attorney, 

David Rusoff, with HB 521 and HB 311 reviews of the proposed amendments and a 

Private Property Assessment Act Checklist. (Mr. Rusoffs memorandum is attached 

to this report.) 

8. The proposed amendments to ARM 17.8.308 and 17.8.744 are rule 

amendments implementing state law and would not make the state rules more 

stringent than comparable federal regulations or guidelines which do not exist. 

Therefore in the case of these two rule amendments, HB 521 does not apply. The 

proposed amendments to ARM 17.8.1205(2)(b) are consistent with, and are not 

more stringent than federal provisions governing the timing of air quality permit - applications. 

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

Code Ann. §§ 2-10-101 through 105), the State is required to assess the taking or 

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

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

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

proposed amendments do not have taking or damaging implications. Therefore, no 

further assessment is required. 

10. The period to submit comments ended at 5 p.m. on November 25, 

2008. 

PRESIDING OFFICER REPORT 

PAGE 2 
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PRESIDING OFFICER COM~,'lENTS

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

Mont. Code Ann. §§ 75-2-111, 75-2-204, 75-2-217, 75-2-218, 75-2-220, 75-2-234. 

12. The conclusions in the memorandum ofMr. Rusoff 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 ofthe 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 ofthe date 

the Board published the notice of proposed rulemaking in the Montana 

Administrative Register, or by April 28, 2009. 

DATED this day of January, 2009. 

KATHERIJ'JE 1. ORR 

Presiding Officer 

PRESIDING OFFICER REPORT
 

PAGE 3
 
BEFORE THE DEPARTMENT OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

.. 

Inthe matter of the amendment of ARM ) 

17.8.308,17.8.504,17.8.744, and 17.8.1205) 

perraining to p~uticulate matter, permit ) 

application fees, general exclusions for ) 

air quality permits, and requirements for ) 

timely and complete air quality operating ) 

permit applications ) 

.TRANSCRIPT OF PROCEEDINGS 

Heard in the Metcalf Building, Room III 

1520 East Sixth Avenue 

Helena, Montana 

November 25, 2008 

1:30 p.m. 

SUSAN JOHNSON, RPR 

Lesofski Court Reporting, Inc. 

7 West 6th Avenue, Suite 519 

Helena, Montana 59601 

(406)443-2010 
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM 

17.8.308, 17.8.504, 17.8.744, and 17.8.1205 

pertaining to particulate matter, permit 

application fees, general exclusions for 

air quality permits, and requirements for 

timely and complete air quality operating 

permit applications 

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
 

TRANSCRIPT OF PROCEEDINGS
 

On the 25th day of November, 2008, beginning 

at 1:30 PM, the above-referenced matter was 

heard in Room 111 of the Metcalf Building, 

1520 East Sixth Avenue, Helena, Montana, before 

Katherine Orr, Hearing Examiner, and Susan Johnson, 

Registered Professional Reporter, Notary Public. 

251 __
 
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The following testimony was taken: 

* * * * * * * * 

MS. ORR: This hearing is called to order. 

Let the record show it is 1:30 PM on November 25th, 

2008. This hearing is taking place in room 111 of the 

Metcalf Building. My name is Catherine Orr. I have 

been designated by the Board of Environmental Review to 

preside over and conduct this hearing. 

This is the time and place set for the public 

hearing in the matter of the amendment of ARM 17.8.308, 

17.8.504, 17.8.744 and 17.8.1205 pertaining to 

particulate matter, permit application fees, general 

exclusions for air quality permits and requirements for 

timely and complete air quality operating permit 

applications. Copies of the notice of public hearing on 

the proposed rulemaking are available on the table. 

The presiding officers are required, under 

Montana Code Annotated 2-4-302(7) (a), to read the Notice 

of Function of Administrative Rule Review Committee. 

The Notice that I'm required to read is as follows: 

Administrative rule review is a function of 

interim committees and the Environmental Quality 

Counsel. These interim committees and the EQC have 

administrative rule review, program evaluation and 

monitoring functions for executive branch agencies and 
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the entities attached to agencies for administrative 

purposes. 

In this case, the EQC has those functions for 

the Department of Environmental Quality and for the 

Board of Environmental Review. These interim committees 

and the EQC have the authority to make recommendations 

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. They also may poll the members of the 

Legislature assuming to determine if a proposed rule is 

consistent with the intent of the Legislature, or during 

a legislative session introduce a bill repealing a rule 

or directing an agency to adopt or amend a rule or a 

joint resolution recommending that an agency adopt, 

amend or repeal a rule. 

The interim committees 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 the 

existing or proposed rules. The mailing address is 

P.o. Box 201706, Helena, Montana 59620-1706. 

That completes the reading of the notice of 

function of Administrative Rule Review Committee .. 

Notice of this hearing was contained in MAR Notice 
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17-278, and it was published on October 23rd, 2008. 

Written comments must be submitted to the board 

secretary no later than 5:00 PM today, November 25th, 

2005. 

At this hearing, it looks like the Department 

is here to make a presentation in favor of the rule, and 

we will hear that, to begin with. 

MS. WOLFE: Good afternoon. My name is Debra 

Wolfe, and I'm a planner with the Air Resources 

Management Bureau. I'm here today to represent the 

Department regarding rule revisions in the matter of 

agricultural exemptions to regulation and the removal of 

the requirement regarding the concurrent application 

process for Title V and Montana Air Quality Permit 

Applications. 

With regard, firstly, to the amendments to 

exempt agricultural activities. In 2007, the Montana 

Legislature amended Montana Code Annotated Section 

75-2-111 to limit the regulation of certain agricultural 

activities for air quality purposes. The references to 

agricultural exemptions in the current rules are not 

sufficiently broad to encompass the activities the 

Legislature defined as exempt in Montana Code Annotated 

75-2-111 (1) (a) and (b).
 

251 The current rules do not exempt agricultural
 
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commercial operations. However, the statute exempts 

commercial agricultural operations that remain in a 

single location for less than 12 months and are not 

subject to federal permitting requirements. The rules 

would be revised to be identical to the statutory 

exemption. 

Secondly, with regard to the changing 

requirements for Title V permit application, the 

Department proposes amending the language to ensure a 

Montana Air Quality Permit (MAQP) and a Title V permit 

may be processed individually in an order that preserves 

the integrity of the timelines and, therefore, the 

validity of the final decision on each application. The 

amendment of ARM 17.8.504 (2) (c) also ensures an 

applicant is appropriately charged for each permit 

application when applying for both an MAQP and a Title V 

permit for the same proposal. 

Title V permits must include all requirements 

applicable to the facility, so it is impractical to 

issue a Title V permit prior to issuing a final MAQP 

when an MAQP is also required. Upon receipt of a 

complete application for a Title V permit, the 

Department is required, pursuant to ARM 17.8.1220(2), to 

take final action regarding the application within 18 

months. However, the two processes address different 
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requirements and have different timeframes. The 

processing of one permit application process may have 

little to do with the requirements for processing the 

other. To correct this situation, the Department 

proposes that the Board amend ARM 17.8.1205(2) (c) to 

require submission of an application for a Title V 

permit within 12 months after commencing operation, or 

if an existing permit would prohibit the proposed 

construction or other change, before commencing 

operations. 

The current rule also contains provisions 

regarding the processing of initial applications that 

occurred several years ago. These provisions are no 

longer necessary and are proposed for repeal. 

Additionally, the rule contains a provision at 

ARM 17.8.1205(3) (c), which is redundant of ARM 17.8.1221 

and is, therefore, unnecessary. The proposed amendments 

would also correct a number of grammatical and syntax 

errors. 

The Department supports the revisions as 

proposed in the notice. 

MS. ORR: Thank you very much. And there is 

no one in the audience who is going to testify today 

further on this rule, so I will call the matter of this 

251 hearing closed. 
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(Whereupon, the taking of the deposition was concluded 

at 1: 40 PM.) 

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STATE OF MONTANA 

COUNTY OF LEWIS AND CLARK 

I, Susan Johnsonr- Registered Professional Reporter 

and Notary Public, do hereby certify: 

That the foregoing matter was taken before me at 

the time and place herein named; and that the proceedings 

were reported and transcribed by me with a computer-aided 

transcription system, and that the foregoing pages contain a 

true record of the proceedings to the best of my ability. 

IN WITNESS WHEREOF, I have hereunto set my hand and 

, (-{ 

affixed my notarial seal this \6 

2008.
 

c 

I,\ . ' .. 

,~~uC C'-'­

SUSAN JOHNSON, RPR 

.~ "..'.' -.....' "".;/ ".. ~,' . i,"dlll,;UII 

)\lot2(Y Pubilc i), 1.1'(' :::.:t:;lfC oj i\l!U;;1.,3iIZ.
 

;~2'::'::irJl;:Q ,.:.;t HG;'.Y'c.L :\'~:Jntc..:ni;
 

:'.fiy Cornnlls.t.;:on ~XGlre5
 

:J3iI5!201 j 
In the matter of the amendment of ARM 17.8.308, TRANSCRIPT OF PROCEEDINGS 

17.8.504, 17.8.744, and 17.8.1205 November 25, 2008 

1 

1:30 (1) 

2:4 

1:40 (1) 

7:2 

111 (1) 

2:5 

12 (2) 

5: 3;6: 7 

17.8.1205 (1) 

2:11 

17.8.12052c (1) 

6: 5 

17.8.12053c (1) 

6:16 

17.8.12202 (1) 

5:23 

17.8.1221 (1) 

6:16 

17.8.308 (1) 

2:10 

17.8.504 (1) 

2:11 

17.8.5042c (1) 

5:14 

17.8.744 (1) 

2: 11 

17-278 (1) 

4: 1 

18 (1) 

5:24 

2 

2005(1) 

4:4 

2007 (1) 

4:17 

2008 (2) 

2: 5;4: 1 

201706 (1) 

3:22 

23rd (1) 

4: 1 

2-4-3027a (1) 

2:18 

25th (2) 

2: 4;4: 3 

5 

5:00 (1) 

4:3 

59620-1706 (1) 

3:22 

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75-2-111 (1) 

4:19 

75-2-1111a (1) 

action (1) 

5:24 

activities (3) 

4:17,20,22 

6:15 

address (2) 

3:21;5:25 

adopt (2) 

3:14,15 

adoption (1) 

3:7 

afternoon (1) 

4: 8 

agencies (2) 

2:25;3: 1 

agency (4) 

3: 7, 8,14,15 

ago (1) 

6:13 

air (6) 

amend (3) 

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amended (1) 

4:18 

amending (1) 

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2:10;3: 7;5:14 

4:16;6:17 

Annotated (3) 

2:18;4:18,23 

appear (1) 

3:18 

applicable (1) 

5:19 

applicant (1) 

5:15 

2:12;4:13;5: 8,13,16,22, 

24;6: 2, 6 

applications (3) 

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applying (1) 

5:16 

appropriately (1) 

5:15 

ARM (6) 

2:10;5:14,23;6: 5,16,16 

assuming (1) 

3:11 

attached (1) 

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attention (1) 2:22,23;3: 5,17 

3:20 complete (2) 

A audience (1) 2:14;5:22 

,6:23 completes (1) 

I authority (1) 3:23 

3:6 concluded (1) 

available (1) 7: 1 

2:16 concurrent (1) 

Additionally (1) 4:13 

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2: 8 

begin (1) consistent (1) 

Administrative (5) 4:7 3: 12 

2: 19,21 ,24;3: 1,24 bill (1) construction (1) 

3:13 6: 9 

Board (4) contained (1) 

2: 7;3: 5;4: 2;6: 5 3:25 

both (1) contains (2) 

5:16 6:11,15 

Box (1) Copies (1) 

3:22 2:15 

branch (1) Counsel (1) 

2:25 2:23 

bring (1) current (3) 

3:20 4:21,25;6:11 

broad (1) 

agricultural (6) 4:22 D 

4:12,17,19,21,25;5: 2 Building (1) 

2:6 Debra (1) 

2:13,14;4: 9,14,20;5:10 Bureau (1) 4: 8 

4:10 decision (1) 

5: 13 

C defined (1) 

4:23 

call (1) Department (7) 

6:24 3: 4;4: 5,11 ;5: 9,23;6: 4, 

amendment (3) called (1) 20 

2:3 deposition (1) 

amendments (2) case (1) 7: 1 

3: 3 designated (1) 

Catherine (1) 2: 7 

2:6 determine (1) 

certain (1) 3:11 

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change (1) 5:25;6: 1 

6:9 difficulties (1) 

changing (1) 3:20 

5:7 directing (1) 

application (9) charged (1) 3:14 

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Environmental (4) 

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EQC (4) 

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errors (1) 

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estimated (1) 

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evaluation (1) 

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exclusions (1) 

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executive (1) 

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exempt (3) 

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exemption (1) 

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exemptions (2) 

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exempts (1) 

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existing (2) 

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facility (1) 

5:19 

favor (1) 

4: 6 

federal (1) 

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fees (1) 

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final (3) 

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firstly (1) 

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following (1) 

2: 1 

follows (1) 

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Function (3) 

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functions (2) 

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further (1) 

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Good (1) 

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grammatical (1) 

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hear (1) 

(1) 1:30 - hear 

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closed (1) 

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Code (3) 

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commencing (2) 

6: 7,9 

comments (2) 

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commercial (2) 

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Committee (2) 

2:19;3:24 

committees (4) 

during (1) 

3:12 

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economic (1) 

3:9 

encompass (1) 

4:22 

ensure (1) 

5:9 

ensures (1) 

5:14 

entities (1) 
In the matter of the amendment of ARM 17.8.308, TRANSCRIPT OF PROCEEDINGS 

17.8.504,17.8.744, and 17.8.1205 November 25, 2008 

4: 7 ORR (3) I public (3) Review (6) 

hearing (8) 1M2:3, 6;6:22 2: 9,15;3:18 2: 7,19,21,24;3: 5,24 

2: 3, 5, 8,10,15;3:25;4: 5; e--------------j over (1) published (1) revised (1) 

6:25 mailing (1) 2: 8 4: 1 5: 5 

Helena (1) 3:21 >-----~-----~ purposes (2) revisions (2) 

3:22 Management (1) P 3:2;4:20 4:11;6:20 

-----------14:10 f-----------------j pursuant (1) room (1) 

I MAQP (4) particulate (1) 5:23 2: 5 --~--------15:1O,16,20,21 2:12 f---------- Rule (14) 

identical (1) MAR (1) permit (13) Q 2:19,21,24;3: 8,11,13,14, 

5: 5 3:25 2:12,14;4:14;5: 8,10,10, f---------- 16,24;4: 6,11;6:11,15,24 

impact (1) matter (4) 15,17,20,22;6: 2, 7, 8 I quality (7) rulemaking (1) 

3: 9 2:10,12;4:11;6:24 permits (2) 2:13,14,22;3: 4;4:14,20; 2:16 

impractical (1) may (3) 2:13;5:18 5:10 rules (4) 

5:19 3:10;5:11;6: 2 permitting (1) f---------- 3:21;4:21,25;5: 4 

include (1) members (2) 5: 4 R 

5:18 3:10,18 pertaining (1) s 

individually (1) Metcalf(1) 2:11 read (2) 

5:11 2: 6 place (2) 2:18,20 same (1) 

initial (1) monitoring (1) 2: 5, 9 reading (1) 5: 17 

6:12 2:25 planner (1) 3:23 Secondly (1) 

integrity (1) Montana (7) 4: 9 receipt (1) 5: 7 

5:12 2:18;3:22;4:14,17,18,23; PM (3) 5:21 secretary (1) 

intent (1) 5:10 2: 4;4: 3;7: 2 recommendations (1) 4: 3 

3:12 months (3) PO(1) 3:6 Section (1) 

interim (4) 5: 3,25;6: 7 3:22 recommending (1) 4:18 

2:22,23;3: 5,17 much (1) poll (1) 3:15 send (1) 

introduce (1) 6:22 3:10 record (1) 3:19 

3:13 must (2) prepare (1) 2: 4 session (1) 

invite (1) 4: 2;5:18 3: 8 redundant (1) 3:13 

3:18 f---------- presentation (1) 6:16 set (1) 

issue (1) N 4: 6 references (1) 2: 9 

5:20 -- preserves (1) 4:20 several (1) 

issuing (1) name (2) 5: 11 regard (2) 6: 13 

5:20 2: 6;4: 8 preside (1) 4:16;5: 7 show (1) 

~-------------I necessary (1) 2: 8 regarding (5) 2: 4 

J 6:14 presiding (1) 3: 7;4:11,13;5:24;6:12 single (1) 

-~-------- notice (7) 2: 17 regulation (2) 5: 3 

joint (1) 2:15,18,20;3:23,25,25; prior (1) 4:12,19 situation (1) 

3:15 6:21 5:20 remain (1) 6: 4 --------- November (2) process (2) 5: 2 statement (1) 

L 2: 4;4: 3 4:14;6: 2 removal (1) 3: 9 

-----------1 number (1) processed (1) 4:12 statements (1) 

language (1) 6:18 5:11 repeal (3) 3:19 L

5: 9 'I ---------------1 processes (1) 3: 7,16;6:14 statute (1) 

later (1) 0 5:25 repealing (1) 5: 1 

4: 3 f---------------j processing (3) 3:13 statutory (1) 

legislative (1) occurred (1) 6: 2, 3,12 represent (1) 5: 5 

3:13 6:13 program (1) 4:10 subject (1) 

Legislature (4) October (1) 2:24 request (1) 5: 4 

3:11,12;4:18,23 4: 1 prohibit (1) 3: 8 submission (1) 

less (1) officers (1) 6: 8 require (1) 6: 6 

5: 3 2: 17 proposal (2) 6: 6 submitted (1) 

limit (1) one (2) 3: 10;5: 17 required (4) 4: 2 

4:19 6: 2,23 proposed (7) 2:17,20;5:21,23 sufficiently (1) 

little (1) operating (1) 2:16;3:11,21;6:8,14,17, requirement (1) 4:22 

6:3 2:14 21 4:13 supports (1) 

location (1) operation (1) proposes (2) requirements (6) 6:20 

5:3 6:7 5:9;6:5 2:13;5:4,8,18;6:1,3 I syntax (1) 

longer (1) operations (3) provision (1) resolution (1) 6: 18 

6:14 5: 1,2;6:10 6:15 3:15 -------­

looks (1) I order (3) provisions (2) Resources (1) T

4: 5 -L2_:_3_;3_:_19_;5_:_1_1 ---'-_6:_1_1,_13 L 

(2) hearing - syntax 
In the matter of the amendment of ARM 17.8.308, TRANSCRIPT OF PROCEEDINGS 

17.8.504,17.8.744, and 17.8.1205 November 25, 2008 I 

table (1) I 

2:16 I 

testify (1) I 

6:23 

testimony (1) 

2: 1 

therefore (2) 

5:12;6:17 

timeframes (1) 

6: 1 

timelines (1) 

5:12 'I 

timely (1) 

2:14 

Title (8) 

4:14;5: 8,10,16,18,20,22; 

6:6 

today (3) 

two 

43'10~ (1) 1 

5:25 

U ' 

under (1) 

2:17 

unnecessary (1) 

6:17 

Upon (1) 

5:21 I 

V 

validity (1) 

5:13 

W 

welcome (1) 

3:17 

Whereupon (1) 

7: 1 

within (2) 

5:24;6: 7 

WOLFE (2) 

4: 8,9 

written (2) 

3:19;4:2 

y 

years (1) 

6:13 

I 

(3) table - years 
12
 
Y .lkfc:>in [crrzcr 

Board of EnviroDDl.ental Revie-wAGENDA
 

BOARD OF ENVIRONMENTAL REVIEW
 

FRIDAY, JANUARY 23, 2009
 

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. Persons with disabilities, who need an 

accommodation in order to participate in this meeting, should contact the Board Secretary at (406) 444-670 I. 

9:00A.M. 

x.	 ADMINISTRATIVE ITEMS 

A.	 REVIEW AND APPROVE MINUTES 

1.	 December 5, 2008, regularly scheduled Board meeting. 

II.	 BRIEFING ITEMS 

A.	 CONTESTED CASE UPDATE 

1.	 Cases assigned to Hearing Officer Katherine Orr 

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 EIS on 

the mine closure plan is on hold until collection of water quality data is completed. Once the data has 

been collected, the EIS will be completed and the case may become moot. The case is stayed pending 

completion ofthe EIS. The parties anticipate completion ofthe EIS in 2009. 

b.	 In the matter of Violations of the Water Quality Act by ASARCO, Inc., BER 2005-09 WQ. A 

Stay ofProceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by 

the Department of the bankruptcy proceeding. 

c.	 In the matter of the appeal by the Town of Superior, BER 2007-05 WQ, regarding final 

MPDES Permit No. MT0020664, issued to the Town of Superior. On November 20, 2008, the 

Hearing Examiner issued a Fourth Order Granting Extension. The parties had until January 6,2009, 

to file a proposed settlement or a pre-hearing schedule. 

d.	 In the matter of the appeal by Southern Montana Electric (SME) regarding its Air Quality 

Permit No. 3423-00 for the Highwood Generation Station, BER 2007-06 AQ. The Department of 

Environmental Quality filed a status report on September 19,2008, requesting a stay until the EPA 

evaluated a reference test method for condensable particulate matter and SME filed a status report on 

September 19,2008, requesting a stay of 6 months. An Order Granting Stay of Proceedings was 

issued by the Hearing Examiner on December 19,2008. 

e.	 In the matter of violations of the Water Quality Act by Park County, Gardiner, MT, BER 

2008-01 WQ. On September 5, 2008, the parties were granted an extension to December 5, 2008, to 

complete a Supplemental Environmental Plan (SEP) and settlement documents. The DEQ filed a 

Status Report and Request for Extension on December 5, 2008. The requested extension is for 90 

days and is for the purpose of fmalizing the supplemental environmental project to repair an 

impaired stream. 

f.	 In the matter of violations of the Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-07 HW (MT Waste Systems). On January 13,2009, the parties 

were granted an extension until February 19,2009, to present a proposed settlement or submit a prehearing schedule. 

Page I of4 
g. In the matter of the appeal by Eastgate Water and Sewer Association of Helena Sand and 

Gravel, Inc.'s Opencut Permit No. HSG-017, BER 2008-08 OC. (The Board has retained 

jurisdiction on this case to hear contested case matters.) On December 2, 2008, the parties jointly 

filed a Motion to Stay. An Order Granting Stay of Proceedings was filed on December 9, 2008, 

giving the partied until February 9,2009, to settle or propose a hearing schedule. The parties are still 

involved in settlement negotiations. 

h. In the matter of violations of the Hazardous Waste Act by the Three W's, Inc., and Montana 

Waste Systems, Inc., BER 2008-09 HW (Three W's). (The Board has retained jurisdiction on this 

case to hear contested case matters.) On November 20,2008, the Hearing Examiner issued a Second 

Order Granting Extension until February 19,2009, for the parties to provide settlement documents 

or submit a pre-hearing schedule. 

1.	 In the matter of violations of the opencut mining act by TMC, Inc. at the Nuss Pit, Gallatin 

County, Montana, BER 2008-10 Oc. The parties have settled this matter and are in the process of 

signing an Administrative Order on Consent. 

j.	 In the matter of the violations of the Opencut Mining Act by Helena Sand and Gravel, Inc. at 

the Lake Helena Drive Pit, Lewis and Clark County, Montana, BER 2008-12 OC. The parties 

have verbally agreed on a settlement and are fmalizing a written agreement. 

k.	 In the matter of violations of the Montana Water Quality Act by Wilderness Club, LLC., at 

the Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 WQ. (The Board has 

retained jurisdiction on this case to hear contested case matters.) On November 20, 2008, the Board 

received a Witnesses and Exhibits document from the appellant. A telephonic pre-hearing conference 

will be held on May 19, 2009, and a hearing is set for May 27, 2009. The hearing date may be 

changed to coincide with a regularly scheduled meeting date of the Board. 

1.	 In the matter of violations of the Montana Public Water Supply Laws by Loyal Order of the 

Moose #639, Helena, Montana, BER 2008-14 PWS. An Order Granting Extension was issued on 

November 20, 2008, by the Hearing Examiner. The parties have until January 22, 2009, to respond 

to the First Prehearing Order. 

m.	 In the matter of violations of the Montana Underground Storage Tank Act by Dutton School 

District 28 at Dutton Public School, Dutton, Montana, BER 2008-16 UST. A pre-hearing 

conference is scheduled for March 31, 2009, and a hearing is scheduled for April 15, 2009. 

n.	 In the matter of violations of the Montana Underground Storage Tank Act by Tom Pelican 

and Theresa Pelican at Swan Lake Stage Stop, 72241 Highway. 83, Swan Lake, Lake County, 

Montana, BER 2008-18 UST. The parties have verbally agreed on a settlement and are fmalizing a 

written agreement. 

o.	 In the matter of the appeals of the Record of Decision under the Major Facility Siting Act 

related to the Montana Alberta Tie Ltd. transmission line, BER 2008-19, 20, 21-MFS, by Jerry 

McRae and Katrina Wilson Martin, Chris Stephens, and Michael Koenig. On December 23, 

2008, the three cases were consolidated and the party NaturEner USA, LLC, was allowed intervenor 

status. On January 13, 2009, the Board received Appellant Martin's Withdrawal from Case No. BER 

2008-19 MFS, withdrawing appellant Katrina Wilson Martin. On January 15, 2009, the Board 

received More Detailed Statements of Claims from Appellant's Koenig and McRae. There is a 

prehearing conference on May 4, 2009. The hearing is scheduled for May 18-22,2009. 

p.	 In the matter of the appeal and request for hearing by Montana Environmental Information 

Center, Citizens for Clean Energy, Sierra Club, and National Parks Conservation Association 

of the Southern Montana Electric Generation and Transmission Cooperative Highwood 

Generating Station Air Quality Permit No. 3423-01, BER 2008-23 AQ. (The Board has retained 

jurisdiction on this case to hear contested case matters.) Hearing Examiner Katherine Orr issued a 

First Prehearing Order on December 8, 2008. On December 10, 2008, the appellants filed an 

Affidavit ofMontana Environmental Information Center, Et AI. setting forth the grounds for their 

BERAgenda	 Page 2 of4 January 23, 2009 
request for hearing. On December 19, 2008, Hearing Examiner Katherine Orr issued an Order 

Granting Extension after the parties requested an extension of time to submit a proposed prehearing 

and hearing schedule. The parties now have until January 16, 2009, to submit a prehearing and 

hearing schedule. 

2.	 Cases in litigation 

a.	 In the matter of the Notice of Appeal and Request for Hearing of the Citizens Awareness 

Network, Women's Voices for the Earth, and the Clark Fork Coalition regarding DEQ's 

approval ofthe Thompson River CO-Gen, LLC, Air Quality Permit No. 3175-04, HER 2006-18 

AQ. On December 22, 2008, the District Court issued an Order denying Petitioners' Motion for 

Summary Judgment, affuming the February 2, 2007, order of the hearing officer concerning the 

denial of Petitioner's Motion for Leave to File an Amended Affidavit and affirming the order of the 

Board of June 11, 2008. The District Court also denied Intervenors' (DEQ's and Thompson River 

Power's) Motion to Dismiss. A Notice of Entry of Judgment was filed on January 5, 2009, by the 

Respondent-Intervenor, Thompson River Power. 

b.	 In the matter of the appeal by Citizens for Clean Energy (CCE) and Montana Environmental 

Information Center (MEIC) regarding Air Quality Permit No. 3423-00 issued to Southern 

Montana Electric (SME) for its Highwood Generating Station, BER 2007-07 AQ. On June 30, 

2008, CCE and MEIC filed a district court Petition for Review of the Board's May 30, 2008, Order 

fmding that a Best Available Control Technology (BACT) analysis was not required for carbon 

dioxide (C02), because it is not a regulated air pollutant. SME intervened by Court order on 

September 19, 2008. DEQ filed a Motion to Strike affidavits filed by the Petitioners with their 

Opening Brief. SME joined in this motion. SME and DEQ filed Answer Briefs in response to the 

Opening Brief of the Petitioners on October 21, 2008. On October 21, 2008, the National Rural 

Electric Cooperative Association filed an amicus brief in support ofrespondents SME and DEQ. On 

December 12,2008, the parties filed supplemental briefs regarding the November 13,2008, decision 

of the U.S. Environmental Appeals Board in the case of In re: Deseret Power Electric Cooperative. 

On December 31, 2008, DEQ filed a further Notice of Supplemental Authority, attaching EPA's 

Interpretation of Regulations that Determine Pollutants Covered By Federal Prevention of 

Significant Deterioration (PSD) Permit Program, issued by EPA in response to the Deseret 

decision. On January 12,2009, SME filed a Request for Oral Argument, requesting that the district 

court schedule oral argument for sometime after January. 

B.	 UPPER BLACKFOOT MINING COMPLEX - David Bowers will brief the Board on the present status of 

the Upper Blackfoot Mining Complex. The briefmg will provide a short history of events from the time the 

Board rescinded ASARCO's Temporary Standards permit for the UBMC to the present. ATTACHMENT 

C.	 LEGISLAnON BRIEF - DEQ will provide a summary of its proposed Legislation, as well as other Bills of 

interest. ATTACHMENT 

D.	 GALLATIN OUTSTANDING RESOURCE WATER (ORW) BRIEFING - The Department will provide a 

brief presentation relative to: I) ORW designation and nondegradation policy as a component of water 

quality standards; and 2) how we evaluated the potential for groundwater connection to surface water in the 

EIS to assure that nutrients from septic systems would not cause a permanent change in water quality of the 

Gallatin River. ATTACHMENT 

III. ACTION ITEMS 

A.	 INInAnON OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department will propose that the Board concur in its recommendation to initiate rulemaking to: 

1.	 In the matter of the amendment of 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 

BER Agenda	 Page 3 of4 January 23, 2009 
prohibiting any permanent change in the water quality of an ORW resulting from point source 

discharges. The Department will request that the Board issue a notice of supplemental rulemaking to 

extend the comment period. ATTACHMENTS 

2.	 Adopt model organizational rulemaking and contested case rules as revised by the Secretary of State and 

Attorney General pursuant to HB 70 of the 2007 Legislature, which transferred certain model rules from 

the Attorney General to the Secretary of State. Because the Department does not expect any public 

comments, the Department is proposing that the Board proceed with this rulemaking without scheduling 

a public hearing. /l,TT/l.CH MENTS 

B.	 REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

1.	 In the matter of the amendment of ARM 17.8.308, 17.8.504, 7.8.744, and 17.8.1205 regarding 

agricultural exemptions from air quality rules and changes regarding operating permit application and 

Montana Air Quality Application processes and the associated fee rule. The Department will recommend 

the adoption of the rule as the Board proposed in the notice of rulemaking. ATTACHMENTS· 

C.	 NEW CONTESTED CASE APPEALS 

1.	 In the matter of violations of the Montana Water Quality Act by Jim Gilman Excavating, Inc., at 

Augusta-South, Lewis and Clark County, BER 2008-24 WQ. The Board received the appeal on 

December 8, 2008. The Board may appoint a permanent hearings examiner or decide to hear the matter. 

APPEAL 

2.	 In the matter of the appeal by the USDA Forest Service Northern Region of the air quality major 

open burning permit fee for calendar year 2009, BER 2009-01 AQ. The Board received the appeal on 

January 16,2009. The Board may appoint a permanent hearings examiner or decide to hear the matter. 

APPEAL 

D.	 FINAL ACTION ON CONTESTED CASES 

1.	 In the matter of the appeal by ExxonMobil regarding its Air Quality Operating Permit No. 

OP1564-02 for the Billings Refinery, Yellowstone County, Montana, BER 2007-27 AQ. On 

December 19, 2008, Hearing Examiner Katherine Orr issued an Order to Submit Proposed Scheduling 

Order. The parties have entered into a stipulation to dismiss this case and an Order ofDismissal will be 

presented for signature by the Chairman. DISMISSAL ORDER 

2.	 In the matter of violations of the Opencut Mining Act by James Timis at the Timis Excavation Site 

Flathead County, MT, BER 2008-02 Oc. On December 11, 2008, the parties filed a Stipulation to 

Dismiss. An Order ofDismissal will be presented for signature by the Chairman. DISMISSAL ORDER 

3.	 In the matter of violations of the Montana Septic Disposal and Licensure laws by Missoula Septic 

Service, Inc., Missoula, Montana, BER 2008-17 SDL. On January 16, 2009, the parties filed a 

Stipulation to Dismiss. An Order of Dismissal will be presented for signature by the Chairman. 

DISMISSAL ORDER 

4.	 In the matter of the appeal by the USDA Forest Service Northern Region of the air quality major 

open burning permit fee for calendar year 2009, BER 2008-22 AQ. On January 15,2009, DEQ filed 

a Motion to Dismiss Without Prejudice. A Dismissal Order will be presented for signature by the 

Chairman. DISMISSAL ORDER 

IV. GENERAL PUBLIC COMMENT 

A.	 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 4 of4 January 23, 2009 

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Laurie Crutcher - RPR 406-442-8262 

Page 1 

1 BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

2 OF THE STATE OF MONTANA 

3 

4 BOARD MEETING 

JANUARY 23, 2009 

6 

7 TRANSCRIPT OF PROCEEDINGS 

8 

9 Heard at the Metcalf Building 

1520 East Sixth Avenue, Room 111 

11 Helena, Montana 

12 January 29, 2009 

13 9:05 a.m. 

14 

BEFORE CHAIRMAN JOSEPH RUSSELL, 

16 BOARD MEMBERS LARRY MIRES, HEIDI KAISER, GAYLE 

17 SKUNKCAP, ROBIN SHROPSHIRE; 

18 and BILL ROSSBACH and DON MARBLE (By telephone) 

19 

21 PREPARED BY: LAURIE CRUTCHER, RPR 

22 COURT REPORTER, NOTARY PUBLIC 

23 P.O. BOX 1192, HELENA, MT 59624 

24 (406) 442-8262 

LAURIE CRUTCHER, RPR 

406-442-8262 
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Laurie Crutcher - RPR 406-442-8262 

1 

i 

NR. RUSOFF: I also suppose that there 

Page 93 

2 

3 

4 

could be p~ople who represent various groups 

i 

might feel :that they should be there just to , 

what comments are made, so you're probably 

who 

see 

correct. 

6 CHAIRMAN RUSSELL: With that, is there 

7 anyone in the audience who would like to speak to 

8 this before the Board takes any action? 

9 (No response) 

CHAIRMAN RUSSELL: With that, I'll 

11 entertain a motion to initiate rulemaking and 

12 publish th~ notice. 

13 MR. MIRES: So moved. 

14 CHAIRMAN RUSSELL: It's been moved. 

Is there a ~econd?

16 MR. MARBLE: Second. 

17 

18 Don. All 

CHAIRMAN 

I 

those in 

RUSSELL: It's bee'n seconded by 

favor, signify by saying aye. 

19 (Response) 

21 

CkAIRMAN RUSSELL: 

I

(No response) 

Opposed. 

22 CHAIRMAN RUSSELL: Motion carries. The 

23 next item on the agenda is the matter of 

24 amendments of ARM 17.8.308, 50S, 744, 2505, and I 

see Deb is front of us. 

LAURIE CRUTCHER, RPR 

406-442-8262 
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Laurie Crutcher - RPR 406-442-8262 

Page 94 

1 MS. WOLFE: Good morning, Chairman 

2 Russell, members of the Board. My name is Debra 

3 Wolfe, and I'm a planner with the Air Resources 

4 Management Bureau, and I'm here today to represent 

the Department regarding the Board's consideration 

6 of the proposed rulemaking in the matter of the 

7 agricultural exemptions to regulation, and the 

8 removal of the requirement regarding the 

9 concurrent application process for Title 5 and 

Montana air quality permit applications. 

11 The proposed revision of ARM 17.8.308 

12 and 17.8.744 clarifies the legislative directive 

13 to exempt certain commercial agricultural 

14 operations consistent with the statutory 

exemption. The revision of 17.8.1205 ensures a 

16 Montana air quality permit and a Title 5 permit 

17 may be processed in an order that preserves the 

18 respective timelines and therefore the validity of 

19 the final decision on each permit application. 

The amendment of ARM 

21 17.8.504(2) (c) ensures that an applicant is 

22 appropriately charged for each permit application 

23 when applying for both a Montana air quality 

24 permit and a Title 5 permit for the same proposal. 

Following the Board's initiation of 

LAURIE CRUTCHER, RPR 

406-442-8262 
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.,,......,,., 

Laurie Crutcher - RPR 406-442-8262 

1 rulemaking last October in this matter, notice was 

2 published, comments solicited, Katherine Orr 

3 presided at a hearing held on November 25, 2008. 

4 No comments were received during the course of the 

comment period or during the course of the 

6 hearing. 

7 The Department also prepared an analysis 

8 of stringency and takings which is included in 

9 your packet for this action. I'm available for 

any questions. 

11 CHAIRMAN RUSSELL: All right. Any 

12 questions before we move along with this? 

13 (No response) 

14 CHAIRMAN RUSSELL: Seeing none, I will 

entertain a motion to amend the regulations as 

16 noticed, adopt the Hearing Officer's report, and 

17 the 521 and 311 analysis. Is there a motion? 

18 MS. KAISER: So moved. 

19 CHAIRMAN RUSSELL: Is there a second? 

MR. MIRES: Second. 

21 CHAIRMAN RUSSELL: Is there anyone out 

22 there -- before we take action. I think it's just 

23 your staff now. If you guys want to check out and 

24 come back as a member of the public, I'm willing 

to hear from you, but if not -- I just need to get 

Page 95 

-,
 

LAURIE CRUTCHER, RPR 

406-442-8262 
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...-, 

Laurie Crutcher - RPR 406-442-8262 

1 it on the record.
 

2
 Seeing none, all those in favor, signify 

3 by saying aye.
 

4
 (Response) 

CHAIRMAN RUSSELL: Opposed. 

6 (No response) 

7 q-iAIRMAN RU'S~ELL: Thank you. 'The next I 

8 item on the/ I

agenda is ~ew cases, new co~tested I ! ! 

9 cases on ap~eal. The first one is the m~tter of I 

violation of the Monta~a Water Quality Aqt by Jim 

i i 

11 Gilman Exc~vating, Incl.
 

12 MS. ORR: Mr!. Chairman, members of the
 

I ' 

13 Board, thiS involved precipitation eveqt that 

14 happened iq spring of poos, and an excav1ting 

company th~t .was hire1 by the Department lof 

16 Transportation to exc~vate and install a Inew 

i! i 

17 roadway up. by Augusta.1 And they were diicharging 

18 sediment to Elk creek/and Dry creek, andltheir 

i 

19 BMP's fail~d in that ~eriod, in spring 0 2008. 

~o this is In appeal from an N V that 

I 

21 was issued, stating th t Gilman Construct'on failed 

22 to install; and mainta n adequate BMP's, nd that , 

23 they're li~ble for un pproved discharges of 

24 sediment to State wat rs, significant se iment to 

State wate~s. The pe alty requested is 400,434. , 

Page 96 

LAURIE CRUTCHER, RPR 

406-442-8262 
14
 
rnt,gov - Montana's Official Website It", 

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)irector's Office 

)ownload Adobe R.eader 

Administrative Rules of Montana 

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;;E~e'ctive'

2/13/09 

1/16/08	 Notice of Amendment (Underground Storage Tanks ­

Reporting of Suspected Releases - MAR Notice No. 17­

280) 

12/25/08	 Notice of Amendment and Adoption (Public Water Supply 

- Incorporation by Reference of Current Federal 

Regulations and Other rYiaterials in the Public Water 

Supply Rules and Consecutive System Coverage - MAR 

Notice No. 17·273) 

11/27/08	 Notice of Amendment Wnderground Storage Tanks ­

Leak Detection of Underground Storage Tanks - MAR 

Notice No. 17-277) 

10/24/08 Notice of Amendment (Air Quality· Air Quality Operation 

and Open Burning Fees - ~"'AR Notice No. 17-275) 

10/24/08	 Notice of Amendment (Air Quality - Incorporation by 

Reference of Current Federal Regulations and Other 

r"laterials into Air Quality Rules - MAR Notice No. 17-274) 

, 

.. 

.. ;pu.rpllse . 

Notice of Amendment (Air Quality - Particulate f"latter ,
 

Permit Application Fees, General Exclusions for Air
 

Qualit,," Permits, and Reguirements for Timely and
 

Complete Air Quality Operating Permit Applications - r·~AR.
 

Notice No, 17 -278)
 
15
 
AIR QUALITY 17.8.308 

17.8.308 PARTICULATE MATTER, AIRBORNE (1) No person shall cause 

or authorize the production, handling, transportation, or storage of any material 

unless reasonable precautions to control emissions of airborne particulate matter are 

taken. Such emissions of airborne particulate matter from any stationary source 

shall not exhibit an opacity of 20% or greater averaged over six consecutive 

minutes, except for emission of airborne particulate matter originating from any 

transfer ladle or operation engaged in the transfer of molten metal which was 

installed or operating prior to November 23, 1968. 

(2) No person shall cause or authorize the use of any street, road, or parking 

lot without taking reasonable precautions to control emissions of airborne particulate 

matter. 

(3) No person shall operate a construction site or demolition project unless 

reasonable precautions are taken to control emissions of airborne particulate matter. 

Such emissions of airborne particulate matter from any stationary source shall not 

exhibit an opacity of 20% or greater averaged over six consecutive minutes. 

(4) Within any area designated nonattainment in 40 CFR 81.327 for PM, any 

person who owns or operates: 

(a) any existing source of airborne particulate matter shall apply reasonably 

available control technology (RACT); 

(b) any new source of airborne particulate matter that has a potential to emit 

less than 100 tons per year of particulate matter shall apply best available control 

technology (BACT); 

(c) any new source of airborne particulate matter that has a potential to emit 

more than 100 tons per year of particulate matter shall apply lowest achievable 

emission rate (LAER). 

(5) The provisions of this rule shall not apply to emissions of airborne 

particulate matter originating from: 

(a) any agricultural activity or equipment that is associated with the use of 

agricultural land or the planting, production, processing, harvesting, or storage of 

agricultural crops by an agricultural producer and that is not subject to the 

requirements of42 USC 7475,7503, or7661, as set forth in 75-2-111(1)(a), MCA; or 

(b) a business relating to the activities or equipment referred to in (5)(a) that 

remains in a single location for less than 12 months and is not subject to the 

requirements of 42 USC 7475,7503, or7661, as set forth in 75-2-111(1)(b), MCA. 

(History: 75-2-111,75-2-203, MCA; IMP, 75-2-203, MCA; Eft. 12/31/72; AMD, 1979 

MAR p. 145, Eft. 2/16/79; AMD, 1993 MAR p. 2530, Eft. 10/29/93; TRANS, from 

DHES, 1996 MAR p. 2285; AMD, 2000 MAR p. 836, Eft. 3/31/00; AMD, 2009 MAR 

p. 142, Eft. 2/13/09.) 

ADMINISTRATIVE RULES OF MONTANA 3/31/09 17-309
AIR QUALITY 17.8.744 

(2) An owner or operator who has submitted an application and received a 

completeness determination from the department pursuant to ARM 17.8.759 may, 

prior to receiving a Montana air quality permit, initiate the following seasonal 

construction activities that, when completed, would have no anticipated increases in 

emissions of regulated air pollutants associated with them: 

(a) installing concrete foundation work; 

(b) installing below-ground plumbing; 

(c) installing ductwork; or 

(d) other infrastructure and/or excavation work involving the same. 

(3) Notwithstanding the ability to undertake the construction activities 

described above, the department may issue a letter instructing the owner or operator 

to immediately cease such activities pending a final determination on an application 

if it finds that the proposed project would result in a violation of the State 

Implementation Plan or would interfere with the attainment or maintenance of any 

federal or state ambient air quality standard. 

(4) Nothing in (2) obligates the department to issue a Montana air quality 

permit. An owner or operator who has received a completeness determination and 

who elects to engage in initial construction activities accepts the regulatory risks of 

engaging in such activities. The owner or operator acknowledges that the 

department may subsequently order cessation of initial construction activities, 

ultimately decline to issue a Montana air quality permit, or issue a permit that 

diminishes or renders useless the value of work completed prior to permit issuance. 

In voluntarily choosing to engage in such activities while knowing of these risks, the 

owner or operator agrees that, in the event the department seeks injunctive relief to 

halt or prohibit construction, no irreparable harm has resulted in any way to the 

owner or operator from these activities. 

(5) The provisions of (2) do not supersede any other local, state, or federal 

requirements associated with the activities set forth therein. (History: 75-2-111, 75­

2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02; AMD, 

2005 MAR p. 2660, Eff. 12/23/05.) 

17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS 

(1) A Montana air quality permit is not required under ARM 17.8.743 for the 

following: 

(a) residential fireplaces, barbecues, and similar devices for recreational, 

cooking, or heating use; 

(b) mobile emitting units, including motor vehicles, trains, aircraft, and other 

such self-propelled vehicles; 

(c) laboratory equipment used for chemical or physical analysis; 

(d) any agricultural activity or equipment that is associated with the use of 

agricultural land or the planting, production, processing, harvesting, or storage of 

agricultural crops by an agricultural producer and that is not subject to the 

requirements of 42 USC 7475, 7503, or7661, as set forth in 75-2-111(1)(a), MCA; 

(e) a business relating to the activities or equipment referred to in (1 )(d) that 

remains in a single location for less than 12 months and is not subject to the 

requirements of 42 USC 7475, 7503, or 7661, as set forth in 75-2-111 (1 )(b), MCA; 

ADMINISTRATIVE RULES OF MONTANA 3/31/09 17-429
17.8.745 ENVIRONMENTAL QUALITY 

(f) emergency equipment installed in hospitals or other public institutions or 

buildings for use when the usual sources of heat, power, or lighting are temporarily 

unobtainable or unavailable; 

(g) emergency equipment installed in industrial or commercial facilities for 

use when the usual sources of heat, power, or lighting are temporarily unobtainable 

or unavailable and when the loss of heat, power, or lighting causes, or is likely to 

cause, an adverse effect on public health or facility safety. Emergency equipment 

use extends only to those uses that alleviate such adverse effects on public health 

or facility safety; 

(h) any activity or equipment associated with the cOAstruction, maintenance, 

or use of roads except emitting units for which a permit is required under ARM 

17.8.743; 

(i) open burning, which is regulated under ARM Title 17, chapter 8, 

subchapter 6, and an open burning permit may be required under that subchapter; 

0) drilling rig stationary engines and turbines that do not have the potential to 

emit more than 100 tons per year of any pollutant regulated under this chapter and 

that do not operate in any single location for more than 12 months; 

(k) temporary process or emission control equipment, replacing 

malfunctioning process or emission control equipment, and meeting the 

requirements of ARM 17.8.110(7) through (9); 

(I) routine maintenance, repair, or replacement of equipment and equipment 

used to perform routine maintenance, repair, or replacement; or 

(m) any facility that has been registered with the department in accordance 

with ARM Title 17, chapter 8, subchapter 17. (History: 75-2-111,75-2-204, 75-2­

234, MCA; IMP, 75-2-211,75-2-234, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02; 

AMD, 2006 MAR p. 893, Eff. 417/06; AMD, 2009 MAR p. 142, Eff. 2/13/09.) 

17.8.745 MONTANA AIR QUALITY PERMITS--EXCLUSION FOR DE 

MINIMIS CHANGES (1) A Montana air quality permit is not required under ARM 

17.8.743 for de minimis changes as specified below: 

(a) Construction or changed conditions of operation at a facility for which a 

Montana air quality permit has been issued that do not increase the facility's 

potential to emit by more than 15 tons per year of any pollutant except: 

(i) 'any construction or changed conditions of operation at a facility that would 

violate any condition in the facility's existing Montana air quality permit or any 

applicable rule contained in this chapter is prohibited, except as allowed in (2); 

(ii) any construction or changed conditions of operation at a facility that would 

qualify as a major modification of a major stationary source under subchapters 8, 9, 

or 10 of this chapter; 

(iii) any construction or changed conditions of operation at a facility that 

would affect the plume rise or dispersion characteristics of the emissions in a 

manner that would cause or contribute to a violation of an ambient air quality 

standard or an ambient air increment, as defined in ARM 17.8.804; 

(iv) any construction or improvement project with a potential to emit more 

than 15 tons per year may not be artificially split into smaller projects to avoid 

permitting under this subchapter; and 

17-430 3/31/09 ADMINISTRATIVE RULES OF MONTANA 
AIR QUALITY 17.8.744
 

(2) An owner or operator who has submitted an application and received a 

completeness determination from the department pursuant to ARM 17.8.759 may, 

prior to receiving a Montana air quality permit, initiate the following seasonal 

construction activities that, when completed, would have no anticipated increases in 

emissions of regulated air pollutants associated with them: 

(a) installing concrete foundation work; 

(b) installing below-ground plumbing; 

(c) installing ductwork; or 

(d) other infrastructure and/or excavation work involving the same. 

(3) Notwithstanding the ability to undertake the construction activities 

described above, the department may issue a letter instructing the owner or operator 

to immediately cease such activities pending a final determination on an application 

if it finds that the proposed project would result in a violation of the State 

Implementation Plan or would interfere with the attainment or maintenance of any 

federal or state ambient air quality standard. 

(4) Nothing in (2) obligates the department to issue a Montana air quality 

permit. An owner or operator who has received a completeness determination and 

who elects to engage in initial construction activities accepts the regulatory risks of 

engaging in such activities. The owner or operator acknowledges that the 

department may subsequently order cessation of initial construction activities, 

ultimately decline to issue a Montana air quality permit, or issue a permit that 

diminishes or renders useless the value of work completed prior to permit issuance. 

In voluntarily choosing to engage in such activities while knowing of these risks, the 

owner or operator agrees that, in the event the department seeks injunctive relief to 

halt or prohibit construction, no irreparable harm has resulted in any way to the 

owner or operator from these activities. 

(5) The provisions of (2) do not supersede any other local, state, or federal 

requirements associated with the activities set forth therein. (History: 75-2-111, 75­

2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02; AMD, 

2005 MAR p. 2660, Eff. 12/23/05.) 

17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS 

(1) A Montana air quality permit is not required under ARM 17.8.743 for the 

following: 

(a) residential fireplaces, barbecues, and similar devices for recreational, 

cooking, or heating use; 

(b) mobile emitting units, including motor vehicles, trains, aircraft, and other 

such self-propelled vehicles; 

(c) laboratory equipment used for chemical or physical analysis; 

(d) any agricultural activity or equipment that is associated with the use of 

agricultural land or the planting, production, processing, harvesting, or storage of 

agricultural crops by an agricultural producer and that is not subject to the 

requirements of 42 USC 7475,7503, or 7661, as set forth in 75-2-111 (1)(a), MCA; 

(e) a business relating to the activities or equipment referred to in (1)(d) that 

remains in a single location for less than 12 months and is not subject to the 

requirements of 42 USC 7475,7503, or 7661, as set forth in 75-2-111 (1)(b), MCA; 

ADMINISTRATIVE RULES OF MONTANA 3/31/09 17-429
 
17.8.745 ENVIRONMENTAL QUALITY 

(f) emergency equipment installed in hospitals or other public institutions or 

buildings for use when the usual sources of heat, power, or lighting are temporarily 

unobtainable or unavailable; 

(g) emergency equipment installed in industrial or commercial facilities for 

use when the usual sources of heat, power, or lighting are temporarily unobtainable 

or unavailable and when the loss of heat, power, or lighting causes, or is likely to 

cause, an adverse effect on public health or facility safety. Emergency equipment 

use extends only to those uses that alleviate such adverse effects on public health 

or facility safety; 

(h) any activity or equipment associated with the construction, maintenance, 

or use of roads except emitting units for which a permit is required under ARM 

17.8.743; 

(i) open burning, which is regulated under ARM Title 17, chapter 8, 

subchapter 6, and an open burning permit may be required under that subchapter; 

G) drilling rig stationary engines and turbines that do not have the potential to 

emit more than 100 tons per year of any pollutant regulated under this chapter and 

that do not operate in any single location for more than 12 months; 

(k) temporary process or emission control equipment, replacing 

malfunctioning process or emission control equipment, and meeting the 

requirements of ARM 17.8.110(7) through (9); 

(I) routine maintenance, repair, or replacement of equipment and equipment 

used to perform routine maintenance, repair, or replacement; or 

(m) any facility that has been registered with the department in accordance 

with ARM Title 17, chapter 8, subchapter 17. (History: 75-2-111,75-2-204,75-2­

234, MCA; IMP, 75-2-211, 75-2-234, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02; 

AMD, 2006 MAR p. 893, Eff. 4/7/06; AMD, 2009 MAR p. 142, Eff. 2/13/09.) 

17.8.745 MONTANA AIR QUALITY PERMITS--EXCLUSION FOR DE 

MINIMIS CHANGES (1) A Montana air quality permit is not required under ARM 

17.8.743 for de minimis changes as specified below: 

(a) Construction or changed conditions of operation at a facility for which a 

Montana air quality permit has been issued that do not increase the facility's 

potential to emit by more than 15 tons per year of any pollutant except: 

(i) 'any construction or changed conditions of operation at a facility that would 

violate any condition in the facility's existing Montana air quality permit or any 

applicable rule contained in this chapter is prohibited, except as allowed in (2);· 

(ii) any construction or changed conditions of operation at a facility that would 

qualify as a major modification of a major stationary source under subchapters 8, 9, 

or 10 of this chapter; 

(iii) any construction or changed conditions of operation at a facility that 

would affect the plume rise or dispersion characteristics of the emissions in a 

manner that would cause or contribute to a violation of an ambient air quality 

standard or an ambient air increment, as defined in ARM 17.8.804; 

(iv) any construction or improvement project with a potential to emit more 

than 15 tons per year may not be artificially split into smaller projects to avoid 

permitting under this subchapter; and 

17-430 3/31/09 ADMINISTRATIVE RULES OF MONTANA 
-142­

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment of ARM ) NOTICE OF AMENDMENT
 

17.8.308,17.8.504,17.8.744, and )
 

17.8.1205 pertaining to particulate ) (AIR QUALITY)
 

matter, permit application fees, general )
 

exclusions for air quality permits, and )
 

requirements for timely and complete air)
 

quality operating permit applications )
 

TO: All Concerned Persons 

1. On October 23, 2008, the Board of Environmental Review published MAR 

Notice No. 17-278 regarding a notice of public hearing on the proposed amendment 

of the above-stated rules at page 2224,2008 Montana Administrative Register, 

issue number 20. 

2. The board has amended the rules exactly as proposed. 

3. No comments or testimony were received. 

Reviewed by: BOARD OF ENVIRONMENTAL REVIEW

-, 

lsi David Rusoff By: lsi Joseph W Russell 

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

Rule Reviewer Chairman 

Certified to the Secretary of State, February 2, 2009. 

'''-. 

Montana Administrative Register 3-2/12/09