### 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 ofthe Records ofAdoption as required by 40 CFR Part 51, Appendix V. For your convenience, Iwill also send two copies ofthe complete rule texts when they become available for distribution. Ifyou have any questions concerning the contents ofthis 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** 

# USEPARNSOFFICE f\

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STATE CAPITOL • P.O. Box 200801 • HELENA, MONTANA 59620-0801 TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV...... 

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# --- 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: 

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Control Information Control Number: R8-09-000-8019-0PRA Alternate Number: 

### N/A Status: ForYour Information Closed Date: NlA Due Date: 

### N/A # ofExtensions: 

### o Letter Date: May4,2oo9 Received Date: May 26, 2009 Addressee: R8-Regional Administrator

­ Addressee Org: EPA Region 8 ContactType: L TR (Letter) PriorityCode: Normal Signature: N/A Signature Date: N/A FileCode: CORR 127
- General Correspondence

- Signature File (Reading) Subject: Air Quality ProgramAdministrative Rule Revision Instructions: ForYour Information

- No action required

- forwarded to OPRA Instruction Note: copy ofletter only to 8-MO General Notes: 

### N/A CC: N/A


### lead Information LeadAuthor: 

### N/A LeadAssignments: 

# I AufIner

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# "_"'_--L.IA_,,_Igr_MMl_Date_--l..-IDue_._Date----'--.

# _ICompleteDate No Record Found. 

### Supporting Information SupportingAuthor: 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 toJim Lippincott May 27, 2009 

### Comments

Page 1of2

# 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 ofgeneral 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 OFMONTANA

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 ofFinal Adoption 

### by the Board ofEnvironmental Review: 

## January 23, 2009

,p/"-.

# 1yAfe>'7

### r**C~** 1'7<:7­ 

## Board ofEnvironmental Revievv
AGENDA BOARD OFENVIRONMENTALREVIEW FRIDAY, OCTOBER3,2008 STATE CAPITOL BUILDING, ROOM 152 1301 EAST SIXTHAVENUE, 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 contacttheBoard Secretary at (406)444-5270. 9:00A.M. I. ADMINISTRATIVE ITEMS A. REVIEW AND APPROVE MINUTES 1. August iL 2008, regularly scheduled Boardmeeting. II. BRIEFINGITEMS A. CONTESTED CASE UPDATE 1. Cases assigned to Hearing Officer Katherine Orr
a. In the matterofCRKendall Corporation'srequest for a hearingtoappeal DEQ'sdecision todeny a minorpermit amendment underthe Metal Mine Reclamation Act, BER2002-09 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 ofViolations ofthe Water Quality Act by ASARCO, Inc., BER2005-09 WQ. A Stay of Proceedings 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 Requestfor 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 oraproposedprehearing 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 consideringdismissal, settlement orcontinuation ofthecontested 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 aStatus Reporton 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 Requestfor Extension. The parties have until December 5, 2008 to present a Settlement Agreement. g. In the matterofviolations ofthe OpencutMining Act byJames 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 September22, 2008, and ahearing is scheduled for October7, 2008.

BERAgenda Page 1of3 October 3, 2008h. In the matter ofviolations ofthe appeal by Plum Creek Manufacturing, Inc. ofits Montana Groundwater Pollution Control System Permit No. MTX00092, BER2008-06 WQ. The parties are considering dismissal of this case and may present dismissal documents at the December 5, 2008, meeting. i. In the matter ofviolations ofthe 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 Requestfor Extension. Hearing Examiner Katherine Orr issued a First Order Granting Extension givingthe parties until November 21, 2008, to file a prehearing and hearing schedule orto 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 Orrissued an OrderDismissingPetitioner's Challenges to the Violations of the MEPA on August 22, 2008. An Order RequiringPetitioners 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 ofviolations ofthe 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 Requestfor Extension on August 13, 2008. OnAugust 22, Hearing Examiner Katherine Orrissued 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 oftheThompson River CO-Gen, LLC,Air QualityPermitNo. 3175-04, BER2006-18 AQ. A notice ofappeal ofthe denial ofthe requestto amendthe affidavit was filed in District Court on July 8, 2008. b. In the matter ofthe 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 ofEnvironmental has indicated its intentto file a motionto intervene. The Board filed a Transmittal of Recordon August 28, 2008. III. ACTION ITEMS A. lNITlATION OF RULEMAKING AND APPOINTMENTOFHEARING OFFICER 1. Amend ARM 17.8.308. !7.8.504. 7iP44. and 17.8.1205 regarding agricultural exemptions from air qualityrules and changes regarding operatingpermit application and MontanaAir QualityApplication processes and the associated fee rule. B. REPEAL, AMENDMENTOR ADOPTION OF FINAL RULES 1. In the matter ofthe l1mendmenl oL\iUv1 17.8.50S and 17.8514 forthe annual adjustment ofairquality operation and open burning fees. The Departmentwill recommendthe adoption ofthe rule amendments as proposed.

BERAgenda Page 20f3 October 3, 20082. In the matterofthe update the Air Qualil} Incorporation hy ReiCrcncc Rules at ARM 17.8.102, 17.8.30I, 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 (annualupdate and housekeeping changes). TheDepartmentwill recommend the adoption ofthe rule amendments as proposed. C. NEW CONTESTED CASE APPEALS I. In the matter ofthe violations ofthe 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 ofviolations 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 Boardmay appoint a permanent hearing examiner or decide to hearthe matter. A FirstPrehearing Order was issued on August 22, 2008. The parties have until September22, 2008 to submit a proposed hearing and prehearing schedule. D. FINAL ACTION ON CONTESTEDCASES I. In the matterofthe appeal by CHS Inc. regarding its Title V operating permitNo. OP1821-01 for the Laurel Refinery, Laurel, Montana,BER2007-23 AQ. Theparties filed aStipulation hy DEQ ,md CHS·. fllc. for Dismiss,d ofContested CLiSe' on July 31, 2008. An order to dismiss the case wilI be presented for the Board'sapproval. 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. GENERALPUBLIC COMMENT A. Under this item, members ofthe public may comment on any public matter within thejurisdiction ofthe Board that is not otherwise on the agenda ofthe meeting. Individual contested case proceedings are not public matters onwhich thepublic may comment. V. ADJOURNMENT

BER Agenda Page 3 of3 October 3, 2008

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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter ofthe amendment ofARM 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 ofthe 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 ofthis notice. Ifyou require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., November 10, 2008, to advise us ofthe nature ofthe accommodation thatyou 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 ofthis rule shall not apply to emissions ofairborne particulate matter originating from any activity or equipment associated 'Nith the use ofagricultural land or the planting, production, harvesting, or storage ofagricultural crops (this exemption does not apply to the processing ofagricultural 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 of42 USC 7475.7503, or 7661. as setforth 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 of42 USC 7475, 7503. or 7661, as setforth 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 ofAn 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 ofthe 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 permitthat 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: Underthe current rules, a permit applicant is not charged an additional fee for an application for a Title V air quality major source operating permit ifthe 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 ofeach application requires a substantial amount ofdepartment stafftime. Currently, the department is required to pay stafffor review ofTitle 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 itwould be more appropriate for the permit applicantto pay the department's costs in reviewing the application, regardless ofwhether 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 ofwhen it is submitted. Pursuant to 2-4-302(1)(c), MCA, the proposed amendment is estimated to affect seven persons for a cumUlative increase ofapproximately $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 underARM 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 ofagricultural land or the planting, produetion, harvesting, or storage ofagricultural emps (this exclusion does not apply to the proeessing ofagrieultural produGts by commercial businesses) any agricultural activity or equipment that is associated with the use ofagricultural land orthe 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, 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 of42 USC 7475, 7503, or 7661, as setforth 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 ofthis rule, a source that is person required to obtain a permit pursuantto 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 ofthis rule but commence operation after sueh adoption date, shall submit an air quality operating permit applieation no laterthan one year afterthe adoption date orwithin 30 days ofthe date the permit program is approved by the administrator (ineluding partial or interim approval), whiehever is later. The remainder ofthese sources shall submit a permit application no laterthan one year afterthe date the permit program is approved by the administrator (including partial or interim approval). 'ALithin 30 days afterthe adoption date ofthis rule, the department shall notify the 

### 1/3 ofthe above deseribed sources that are required to submit applications for permits underthis subchapter bythe first deadline setforth above. The method used by the departmentto determine which ofthe 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 ofair quality operating permit sources in terms ofsource 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 subjectto the permit program. 

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

### thatwho are also required to obtain a Montana air quality preconstruction permit underthis 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 permitwould prohibit the construction or change in operation. Ifan existing operating permitwould prohibitthe construction or change in operation, the owner or operator shall obtain a permit revision before commencing operation. (i) The processing ofthe Montana air quality and operating permits will be coordinated to the greatest extent possible, but each permitwill 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 ofany other pending application underthis 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 ofany 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 theirfacility in the operating permit application. The operating permit application shall be submitted perthe 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

### itsthe existing permit, unless otherwise specified in that permit. If necessary to ensure thatthe terms ofthe existing permitwill not

### Ja.pse expire before

_ the renewal permit is issued, the department may specify notify the permittee in writing to the permitted source a longertime period for submission ofthatthe renewal application must be submitted by a specified deadline that is earlierthan 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 greaterthan 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 ofthis rule, a source mustfile 

### 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 applicantfor 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 ofthe permit application that require revision, updating, supplementation, or deletion. The applicant shall submit Hnformation submitted pursuantto this rule and ARM 17.8.1206 must be sufficient for the departmentto evaluate the subjectsource and 

### itsthe application 

### aRG pursuantto determine all applicable requirements. Ifthe applicant provides sufficient information to satisfy the requirements oftAe application completeness



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checklist

.. then the application shall be deemed to be administratively complete for the purposes ofapplying the application shield provided for in ARM 17.8.1221,and the department shall notify the applicant ofsuch administrative completeness. 

### Yse ofthe completeness checklist is not intended to'replace a substantive completeness review and determination pursuantto this sUbchapter, but is only intended to facilitate the application ofthe 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 ofthe application, such application shall be deemed to be substantively complete. (b) If, while processing an application for an airquality 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 ortake 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 setforth in ARM 17.8.1221(2), shall be in effectfrom the date the application is determined or deemed to be administratively complete until the final permit is issued, prOVided thatthe applicant submits any requested additional information by the deadline specified by the department. 

## fdt 19.1 Sources thatwould qualify Applicants eligible for a general air quality operating permit

### ffitI5t shall provide written notification to the department oftheir intent to operate underthe terms ofthe general permit, or

### ffitI5t shall apply for an air quality operating permit consistent with (1). The terms ofthe general permit adopted pursuantto ARM 17.8.1222 may prOVide for applications 

### wRi6R that deviate from the requirements of (1). and ARM 17.8.1206, provided that!fsuch requirements applications are consistent with 

### ++tie subchapter

### V ofthe FCAA, and include all information necessary for the departmentto determine qualification for, and assure compliance with, the general permit. 

## fet!Ql An application applicantfor an air quality operating permit revision that is submitted as a submits an application for a minor permit modification shall meet the requirements ofARM 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 ofa group processing of minor modifications 

### sfla.U must meetthe requirements ofARM 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 ofthe source's applicant's other pending permit modification applications awaiting group processing, and a determination

## atas 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 ofthe proposed modification. Such notification need only contain a brief description ofthe requested modification; and (vi) remains the same. (4) Any applicantwho 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 ofsuch 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 applicantfiled a substantively complete application, but priorto release ofa draft permit. (5) 'JV.here 

## 11 an applicant has submitted submits information to the department under ajudicial determination of confidentiality, the source must applicant shall submit a copy ofsuch information directly to the administrator. This requirement does not preclude or limit in any mannerthe rjght ofthe applicantto assertto the administratorthe confidential status and nature ofthe 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 orderthat preserves the integrity ofthe timelines and, therefore, the validity ofthe 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 afterthe source becomes subjectto 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 applicantto submit an application for a Title V permit concurrently with an application for a MAQP. Upon receipt ofa 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 operatorto file an application for a Title V permitwithin 12 months after commencing operation, or, if an existing permitwould 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 

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

### -2230­
department staffto assistthem 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 ofapplication completeness should be based on the requirements stated in the rules. The rule contains a provision at (3)(c) which is redundant ofARM 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, atthe 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; ore-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 ofthe person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; waterlwastewatertreatment plant operator certification; solid waste; junkvehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; majorfacility siting; opencut mine reclamation; strip mine reclamation; subdivisions;renewable energy grants/loans; wastewatertreatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules otherthan 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 of2-4-302, 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 ofState, 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 November25, 2008 at 1 :30 p.m., oras soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take pUblic comment regarding the proposal ofthe Montana Board of Environmental Review to revise air quality rules in theAdministrative Rules of Montana. The Department also proposes sUbmitting ARM 17.8.308and 17.8.744 to EPAfor inclusion into the State Implementation Plan (SIP). 2. The proposed amendments to ARM 17.8.1205would eliminate the requirementto submit

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

pursuantto subchapter 7. The proposed amendments to ARM 17.8.505 clarify the rule regarding the fee paymentfor each type of permitapplication. The proposal also includes various non-substantive "housekeeping" changes. 3. The proposed amendmentstoARM 17.8.308 and 17.8.744would make the rules consistentwith 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 mayviewthe proposed rules on the Department's website at http://deg.mt.gov/dir/legal/hearing.asp or maycall the Department at406-444-7916 to have a copy made available fortheir inspection. 5. The State ofMontana 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 laterthan 5:00 p.m., November 17, 2008 to allowadequate time to arrange reasonable accommodation. 6. Interested persons may submittheirdata, views, or arguments regarding these documents atthe 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 laterthan 5:00 p.m., November25, 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 FORLEGAL ADVERTISEMENT (ARM 5019-057) Pleasepublishthe attached documentinthe legal section ofyour newspaperon

### Thursday, October23, 2008. 

### Returnthe original affidavit ofpublicationand a copy ofthe billing statementto the address below. MontanaDepartment ofEnvironmental Quality AirResources ManagementBureau P.O. Box 200901 Helena, MT 59620-0901 Ifyouhave any questions regardingthis notice, you can call me at (406) 444-0524. Please reply to this email to letmeknowthatyouhave 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 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the proposal ofthe 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 laterthan 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 atthe 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., November25, 2008.



# -

### Montana Department of 

# ENVIRONMENTAL 

# QUALITY Brian Schweitzer, Governor P. O. Box200901 Helena,MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov



### DATE: October 20, 2008

TO: Brooke Summers Great FallsTribune P.O. Box 5489 Great Falls, MT 59403 FROM: Oline Barta Admin. Assistant MT

- DEQI 

### ARMB



### RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM5019-053) Pleasepublishthe attached document inthe legal sectionofyournewspaperonThursday, October23, 2008. Returnthe original affidavit ofpublicationand a copy ofthe billing statementto the address below. MontanaDepartment ofEnvironmental Quality AirResources ManagementBureau P.O. Box 200901 Helena, MT 59620-0901 Ifyouhave any questions regarding thisnotice, please callme 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 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the proposal ofthe 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 17.8.1205would 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 fortheir 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 laterthan 5:00 p.m., November 25, 2008.

### Montana Department of 

# ENVIRONMENTAL 

# QUALITY Brian Schweitzer, Governor P. O. Box200901 Helena, MT 59620-0901 (406)444-2544 Website: www.deq.mt.gov



### DATE: October20, 2008

TO: Legal Notice Staff HelenaIndependent Record P.O. Box4249 Helena, MT 59604 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB



### RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5019-054) Pleasepublishthe attached document inthe legal section ofyour newspaper on

### Thursday, October23, 2008. Returnthe original affidavit ofpublication and a copy ofthe billing statement to the address below. MontanaDepartment ofEnvironmental Quality Air Resources Management Bureau P.O. Box 200901 Helena, MT 59620-0901 Ifyouhave any questions regarding this notice, youcancall me at (406) 444-0524. Pleasereply to this email to let me knowthatyou havereceived it. Thankyou.

# - MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARM5019-054 1. On November 25, 2008 at 1:30 p.m., oras soon thereafter as can be heard, the Department of Environmental Quality shall hold a public hearing in Room 111 ofthe Metcalf Building, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the proposal ofthe 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., November25, 2008.



# -

### Montana Department of 

# ENVIRONMENTAL 

# QUAUTY Brian Schweitzer, Governor P. O. Box200901 Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### DATE: October20, 2008

TO: Legal Notice Staff Miles City Star 13 North 6th Miles City,MT 59301 FROM: alineBarta Admin. Assistant MT

- DEQIARMB



### RE: PUBLICNOTICE FORLEGALADVERTISEMENT (ARM 5019-055) Please publish the attacheddocument in the legal section ofyournewspaperon

### Thursday, October23,2008. Returnthe original affidavit ofpublicationand a copy ofthe billing statementto the address below. MontanaDepartment ofEnvironmental Quality AirResources Management Bureau P.O. Box 200901 Helena, MT 59620-0901 Ifyouhave any questions regardingthis notice, you cancall me at (406) 444-0524. Please reply to this email to letmeknowthatyouhave received it. Thank you.MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARM5019-055 1. On November25, 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 ofthe lVIetcalf Building, 1520 E. 6th Avenue, Helena, lVIontana, to take public comment regarding the proposal ofthe 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 17.8.744would 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 laterthan 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., November25, 2008.

### Montana Department of 

# ENVIRONMENTAL QUAUTY Brian Schweitzer, Governor P. O. Box 20090I Helena, MT 59620-0901 (406) 444-2544 Website: www.deq.mt.gov



### DATE: October 20, 2008

TO: LegalNotice Staff Missoulian P.O. Box 8029 Missoula, MT 59807 FROM: Oline Barta Admin. Assistant MT

- DEQ/ARMB



### RE: PUBLIC NOTICEFORLEGALADVERTISEMENT (ARM 5019-056) Pleasepublishthe attached document inthe legal section ofyournewspaper on

### Thursday, October23, 2008. Returnthe original affidavit ofpublication and a copy ofthe billing statementto the address below. MontanaDepartmentofEnvironmental Quality Air Resources ManagementBureau P.O. Box 200901 Helena, MT 59620-0901 Ifyou have any questions regardingthis notice, you can call me at (406) 444-0524. Pleasereply tothisemail to let me know thatyouhave 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 ofthe 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 17.8.744to 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 pursuantto 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 atthe 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 laterthan 5:00 p.m., November 25, 2008.

# 5

### * * * 

## Proof of Publication* * * 

## Missoulian Classified Putus to workforyou 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 OFENVIRONMENTAL QUALITY NOTICEOFPUBLIC 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 INTOTHESTATEIMPLEMENTATION 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 MADEAVAlLABLE 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

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## bale

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### 3 3 ", o or arguments regarding these documents at tl!.i:l; , 

### _. 3

..... m Ol

### O~'" CD 

### o "., :J ::.T ::I ::J en hearing. Written data, views, orarguments may also::**~.** 

### o (D '< (ii' 

### 3 \'., :J

### -'~, (D -..-+ be submitted to Elois Johnson in person at 1520

### E.: () 

### 3 <!l·.o -to c 0 -, 0 6th Avenue, Helena, Montana, by mall at: P.O. Box-' u 

### S _, _I. Q PJ ""'" 200901, Helena, Montana 59620-0901, by fax' at:" () 

### :J ::J 

### 0 CD .; --h 

### S3. fll " -, (1) 

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

...... _. ;::+ -' 0 0­ " 

### --......... D. ,. ::::r 0 ::J =:1 ::J 

## o' written comments must be received no later than Q) (II 5:00 p.m., November 25, 2008. ====11**O~** 

## Q

October 23, 2008MONTANA 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 Reviewto revise air quality rules in the Administrative Rules of Montana. The Department .'so proposes submittingARM 17.8.308and 17.8.744to 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 17.8.308and 17.8.744would 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 laterthan 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 laterthan 5:00 p.m., November25, 2008. (Published OctQber 24, 2008)

ttlTDept.of**En";ron~ental** QU<J'i\y l'ermlffing & Corrniia'CB r)"Jis\,jc

. !'

## J"

.... 

## Affidavit ofPublication

3 STATE OF MONTANA 

### County ofCuster 

# } ss.
MaryHalvorson, being duly sworn on her oath, says that she has been the principal clerkofthe printer ofthe MILES CITY STAR, a daily newspaper ofgeneral circulation, printed and published atMiles City, in said Countyand State. That The ARM 5019-055. A printed and true copy which, cutfrom the columns ofsaid
newspaper, is hereto attached, and made a part hereof,

was printed and published in said newspaper, in the regular and entire issue ofevery number ofthe paper duringthe period, October 24,2008. Signed

# '1~ OJ. 

# Ut2ii/avm,)

• I 7 Subscribed and

# sw~m to before me this

# a.?~ ,2008

# daY)£~**~~** 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 ENVIRONMENTALQUAI.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 DepartmentofEnvlronmen· tal Cuallty shall hold a pUb­ lic hearing In Room 111 of the MetcalfBuilding, 1520 E. 6th Avenue, Helena, Montana, to take public com­ ment regarding thepropos· al ofthe Montana Board Of Environmental Reviewtore­ vise air quality rules In the Administrative Rules of Montana. The Department also proposes submitting ARM 17.8.308and 17.8.744to 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 pursuantto subchapter 12 and permit appllca· tlons pursuantto subchap­ ter7. The proposedamend· mentstoARM 17.8.505 clarl' fy the rule regarding the fee payment fOr each type of permit application. The proposal also Includes vari­ ousnon·substantlve"housekeeping" changes. 3. The proposed amend· ments to ARM 17.8.308 and 17.8.744 would make the rules consistentwithastat· utoryexemptionfrom regu· latlon created for certain agriculturalactivities pursu· ant to Mont. Code Ann. §75-2-111 as amended by the 2007 Legislature In HB 291. 4. Interested persons may Viewthe proposed rules on the Department's website 

## atJUgtifl:\r,t gov/dlrL**lea~g** or may call the Department at 406·444·7916tohaveacopy made available fOr their Inspection. 5. The State of Montana makes reasonable accom· modatlons fOr any known disabilitythatmay Interfere with a person's ability to participate In state govern· mentproceedings. Persons needing accommodation must notify Elols Johnson by calling 406'444-2630 no laterthan5:00 p.m.! Novem· ber 17, 2008 to alow adequate time to arrange rea· sonable accommodation. 6. Interested persons may submittheir data, views, or arguments regardingthese

._documents at the hearing. Writtendata,views, orargu· ments may also be submit· ted to Elols Johnson In per­ son at 1520 E. 6th Avenue, Helena, Montana, bymall 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 AirResources ManagementBureau 

## Billings, MT 59101 Phone: (406) 657-1212 Fax: (406) 657-1345

## "~o**f~** \:-'';:1 '. ' being first dulysworn, deposes and says: That s e is Ii principiild '0 The Billings Gazette, a newspaperof general circulation pUblished daily in the City of Billings, in the County ofYellowstone, 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 certifythat I have read sec. 18-7-204and 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 ofthe minimum rate charged any other advertiser for pUblication ofadvertisement, set in the same size type and published forthe sam mber of insertions. Ifurther cert' this claim is correct and just in all re ects, and that payment or credo as not een received.

STATE OF MONTANA County ofYellowstone On this day ofOct 23, 2008, before me, the undersigned, a Notary Public for the State ofMontana, personally appeared N.e ( 

## 4=Ce ,known to me to be the person whose name is sUbSClbed tothe 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, MT59101 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. October23, 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 FALLSTRIBUNE 205 RIVER DRS GREAT FALLS, MT 59405

Phone: (406) 791-1444 TollFree (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 2008 ::-'.. f . OCTOBER 23RO 

# \ l"-

# "'+­ ·\..\lc.'t'\...\

_**(\.."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 ENVIRONMENTAL QUALITY NOTICE OF PUBLIC HEARING ARMS019-4lS3 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 air 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 BrianSchweitzer,Governor

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



### October 23, 2008
Representative Jack Ross, Interested Parties and APCAC members:

In 2007, the Legislature, concerned aboutthe possible regulation ofcertain agricultural hay-grinding activities, passed HB 291 which amended the authority ofthe Board of Environmental Reviewto 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 orderthat preserves the integrity of thetimelines and, therefore, the validity ofthe 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 forthe same proposal. Please help us save paper and postage by signing up on ourwebsite 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 ifyou no longer wish to be on the Interested Parties mailing list.

EnforcementDivision • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation DivisionMONTANA 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 ofthe MetcalfBuilding, 1520 E. 6th Avenue, Helena, Montana, to take public comment regarding the proposal ofthe 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 17.8.1205would 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 consistentwith 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 atthe 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 laterthan 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 davedavidJong@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 StokkeJagadeesan.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 Hamlermhillman@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 nickgeranios4317@msn.com nturnbull@montola.com obarta@mt.gov oguillemain@generali.fr Parker-Christensen.Victoria@epamail.epa.gov parkside@bigsky.net Pat.kimmet@chsinc.com pat@crowleyconsultants.com patels3@hotmail.com Paul.Cahoon@WBIP.com pauldsherrpc@yahoo.com pcollins@crowleylaw.com philip.chambers@usmc.mil pjsimonich@pplweb.com pnavratil@encoreacq.com psaindon@mt.gov randall.j.richert@conocophillips.com rct205@lehigh.edu rdaniel@ravallicounty.mt.gov rdriear@centurytel.net rebecca@bison-eng.com reed.j.marton@conocophillips.com rfink@co.carbon.mt.us rgilson@cbmainc.com rhughes@rmsmanagement.com rick.stefanic@bia.gov Rick.Walsh@Northwestern.com ricklarson@bsb.mt.gov rjeffrey@mt.gov robert.d.foot@exxonmobil.com rr@hayfam.com rsouthwick@gr-northern.com Runningelkcliff@aol.com russb@ycchd.org ruthjensen@transcanada.com RWeimer@stiliwatermining.com Melissa Hillman Mike Philbin Mitchell Leu Riley Johnson Montana Motorcarriers Molly Meadows Dave Galt Mike Pontiff Mark Lambrecht Montana Audubon Bud Clinch terri brown Michael Wignot Geranios Enterprises Inc Neil Turnbull Oline Barta Connard Victoria Parker-Christensen Jennifer Swearingen Pat Kimmet Pat Crowley patel Paul Cahoon Paul P. Collins Phil Chambers Pete Simonich Patrick Navratil Pat Saindon Randall Richert Rod Daniel Ralph Driear Rebecca Reed J. Marton Rodney Fink Robert Gilson Rose Hughes Rick Stefanic Rick Walsh Rick Larson Robert Jeffrey Robert Foot C.

### E.Robertson Rich Southwick Running Elk Russ Boschee Ruth Jensen Randy Weimer


# -ryanbridgwood@hotmail.co.uk sabrina_rojas@hotmail.com sabskb@gmail.com sanitarian@co.fergus.mt.us sbombard@natlforests.org schmidtb@ho.missoula.mt.us SFinley@coloradoenergy.com Shannon.morgan@rosi-boise.com sherry.bursey@anadarko.com sjohnson@co.cascade.mt.us smason@hydrometrics.com smullins@industrialinfo.com solsen@mt.gov srimsn@gmail.com ssternberg@mt.gov Stacy.aguirre@wbip.com steph. nelson@gallatin.mt.gov stevew@bkbh.com susanalise@cox:net swhite@co.cascade.mt.us swright@cfaluminum.com szehntner@mt.gov tander@wyo.gov tedk@ycchd.org teverts@mt.gov thehigmister@hotmail.com therriaults@ho.missoula.mt.us thodik@centurypaving.com thomas.pick@mt.usda.gov Tim.Roark@gallatin.mt.gov tjewett@NPCA.ORG tkircher@stillwatermining.com Todd.O'Hair@riotinto.com tom.gibbons@tetratech.com townofalberton@blackfoot.net tparliament@co.lewis-clark.mt.us tquarles@retec.com twardoskib@niaid.nih.gov twidboom@barr.com vi3tricebowl@yahoo.com victor.m.dugan@exxonmobil.com videtich.callie@epamail.epa.gov VJLanz@yahoo.com vsheppard@mt.gov walkers@cLbiliings.mt.us wardell.john@epa.gov Wburget@peabodyenergy.com whitem@dawsoncountymail.com wildcovenants@msn.com williammoore0077@gmail.com wjacobs@flathead.mt.gov wlneumiller@pplweb.com woodproducts@mt.net Ryan B Sabrina Scott and Sheree Bombard Dean Pomeroy Sheree Bombard Ben Schmidt Steven Finley Owen Orndorff -YELP Sherry Sandy Johnson Scott Mason Shane Mullins Sandi Olsen srimsn Stan Sternberg Stacy Aguirre Stephanie Nelson Steve Wade Susan Steve White Steve Wright Steve Zehntner Tina Anderson Ted Kylander Todd Everts Shannon Therriault Tom Pick Tim Roark Tony Jewett Tom Kircher Todd O'Hair Tom Gibbons Diane Jodsaas Tiffany Parliament Tim Quarles Barri Twardoski Tony Widboom Victor M. Dugan Callie Videtich Vanessa Lanz Vicki Sheppard Scott Walker John Wardell Wanda Burgett Mike While Linda Dwarak fdgdfdgfd Wendee Jacobs Bill Neumiller Ellen EngstedtSTEPHEN BLANKENSHIP FORD 925 L ST STE 390 SACRAMENTO, CA 95814

BARB DOWSKI REG MANAGER QWESTEH & S 1855 S FLATIRON COURT BOULDER, CO 80301

LAERICKSON ASARCO TROY UNIT POBOX 1660 TROY, MT59935

PEGGY FRUIT TOWN OF BROADUS PO BOX 659 BROADUS, MT 59317

LYNN HILL MSE-HKMINC POBOX 7010 SHERIDAN, WY 82801**B~-,** KELLY INTERTEC 619 S W HIGGINS STE S MISSOULA, MT 59803

JOHN MCKENNA ETS INTERNATIONAL 1401 MUNICIPAL RD NW ROANOKE, VA 24012-1309

JIM RAMAKER POBOX 760 CHOTEAU, MT 59422

GERALD WAGNER BLACKFEETTRIBAL POBOX 2029 BROWNING, MT 59417 BRUCE CLARK GENESIS INC POBOX 1660 TROY, MT 59935

JOHN W DUNCAN RR#l PO BOX 33 JOPLIN, MT 59531

JAMES FLANSBURG HAYS LODGEPOLE SCHOOLS BOX 110 HAYS, MT59527

RONALD GEHRKE BIG SKY MINING CO POBOX 97 COLSTRIP, MT 59323

TAMMY JOHNSON ENVIRONOMICS INC PO BOX 1026 WHITEHALL, MT 59759

JERRY D. KNUTSON WEST TECH SUPPLY & SERVICES PO BOX 80711 BILLINGS, MT 59108

WALTER L MCNUTT AG EQUIPMENT SALES 110 12TH AVE SW SIDNEY, MT 59270

FRED STEELE CSKT TRIBAL HEALTH BOX 880 ST IGNATIUS, MT 59865

PACK & COMPANY CONST PO BOX 8150 KALISPELL, MT 59904-1150 DALE COCKRELL CHRISTENSEN MOORE COCKRELL PO BOX 7370 KALISPELL, MT 59904-0370

NATHAN EKLUND SUMMITENVIROSOLUTIONS INC 1217 BANDANA BLVD STPAUL, MN 55108

ALAN FRONBERG GLACIERENGINEERING PC 124 1ST AVE S STE 17 GREAT FALLS, MT 59401

JOHN GERHART PO BOX 283 BELT, MT 59412

DICK JUNTUNEN RESOURCE MGMTASSOCIATES 259 MCCLELLAN CREEK RD CLANCY, MT 59634

MICHAEL J LUCIANO FARM HARVESTING OF EUREKA POBOX 1050 EUREKA, MT 59917

STEVE PILCHER PO BOX 1715 HELENA, MT 59624-1715

LILA TAYLOR HC42 BOX 595 BUSBY, MT59016

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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 forTimely <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 ofComment Period on January 2, 5:00 p.m. Proposed Amendment (See 17-254 below) 2009 (W<ster Ouality

- Outstanding Resource It'!ater Design<stion forthe 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.17-275) 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 ofCurrent 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 ofCurrent Federal Regulations and Other Materials in the Public Water Supply Rules

- MAR Notice No. 17-273) Linkto Federal Register for Lead and Copper ShortTennRevisions 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 ofagricultural exemptions to regulation and the removal ofthe requirement regarding the concurrent application process forTitle 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 limitthe 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 aTitle V permit may be processed individually in an order that preserves the integrity ofthe timelines and, therefore, the validity ofthe final decision on each application. The amendment ofARM 17.8.504(2)(c) also ensures an applicant is appropriately charged for each permit application when applying for both an MAQP aTitle V permit for the same proposal. Title V permits must include all requirements applicable to the facility, so it is impractical to issue aTitle V permit prior to issuing a final MAQP, when a MAQP also is reqUired. Upon receipt ofa complete application for a Title V permit, the Department is reqUired, pursuanttoARM 17.8.1220(2), to take final action regarding the application within 18 months. However, the two processes address different requirements and have differenttimeframes. 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 ofan application for aTitle V permit within 12 months after commencing operation, or, ifan existing permit would prohibit the proposed construction or other change, before commencing operation.

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## Department of 

# ENVl[RONMENTAILQlJillfV BrianSchweitzer,Governor Helena, MT 59620-0901 (406) 444-2544 www.deq.mt.gov P.O. Box 200901 

### OFFICE MEMORANDUM TO: Montana Board ofEnvironmental Review FROM: DavidM. Rusoff, DEQ StaffAttorney 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: November24,2008 HB 521 REVIEW (Comparing Stringency ofState and Local Rules to AnyComparableFederal Regulations orGuidelines) Sections 75-2-111 and207, MCA, codifythe airqualityprovisionsofHouseBill 521 ,fromthe 1995 legislative session,byrequiringtheBoardofEnvironmentalReviewto makecertainwrittenfindings after apublichearingandpublic comment,priorto adopting arule to implementthe CleanAirAct ofMontanathat is more stringentthan a comparable federal regulationorguideline.
In 

### this proceeding, the Board is proposing to amend ARM 17.8.308 and 17.8.744 to implement amendments bythe 2007 MontanaLegislature to Section 75-2-1 11(l)(a) and (b), MCA, which amendments prohibitthe Board from adoptingpermittingrequirements orotherrules, otherthan openburningrules, relating to: (a) any agricultural activity or equipmentthat is associated withtheuse ofagricultural landorthe planting, production, processing, harvesting, or storage ofagricultural crops byan agricultural producer and that is not subject to the requirements of42 U.S.c. 7475, 7503, or7661 [federal major source requirements]; or

(b) a commercial operationrelatingto the activities or equipmentreferred 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, or7661. These legislative amendments placed in statutethe agricultural exemptionfrom particulate mattercontrol and permittingrequirements for agricultural activities, otherthan the processing of agricultural productsby acommercialbusiness, currently found in ARM 17.8.308(5) and 17.8.744(l)(d), and expandedthe exemption so that it also applies to commercialbusinesses

1

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

### unless theyremain in a single location for 12 months ormore. The legislative amendments also clarifiedthat the exemption does not applyto emission sources subject to federal major source ­ permitting requirements. Therule amendments are beingp:r;oposed to conform the Board'srules to the statutory amendments. Although the statutory amendments expresslyprohibit only "adoption" ofrules regulating exempt agricultural emission sources, the Legislatureplaced the amendments in Section 75-2-111, MCA, which delineates the general powers ofthe Board, indicating a legislative intent that the Boardnot regulate these emission sources eitherthrough enforcing existingrules orthrough adoption ofnew rules. HB 521 does not applyto rules "requiredby state law." Although, the Board is not necessarily required to amend its rules to conform to the statutory amendments, therule amendments are required in order for the rules to conformto 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. Becausemajor stationaryfacilities are not coveredbythe agricultural exemption, there are no federal regulations orguidelines that are comparable to the state agricultural exemption. Further, theproposed rules wouldbroaden the exemption for agricultural activities and equipment and would not make the staterules more stringent. (SO, the proposed amendments would notmake the staterules 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 Departmentto charge separateapplicationfees of$500foreach application,whenanapplicationfor aTitleVairqualityoperatingpermitis submitted simultaneously with an applicationfor aMontana Air QualityPermit, and to allowowners andoperatorsto waituntil aftertheDepartment'sdecision regarding the application for aMontanaAir QualityPermithas become final before submitting an application for a Title Vpermit. ThelanguageofSection 75-2-207, MCA,impliesthatitwas intendedto applyonlyto standards such as emission limits and that it was not intended to apply to fee rules orto procedural requirements, such asrequirements related to the timingofpermitapplications. The statutorylanguagerequiring a finding thattheproposed "statestandardorrequirement"protectspublichealthortheenvironment, can mitigate harmto public health orthe environment, and is achievable undercurrent technology does not seem applicable to fee rules or procedural requirements. Further, the statutorylanguage requiringreferenceto peer-reviewed scientificstudiesintherecord alsois not applicableto fee rules orprocedural requirements. However, even ifHB 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. Federalstatutes andregulations require states to maintain an airquality permit and permit fee program for major sources subject to regulation underthe federal Clean Air Act (FCAA). The fee requirements are set by statute in Section 502 ofthe 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 airqualitypennitfees or address pennit application fees. Also, the proposed changes to the Title V pennit application timing requirements in ARM 17.8.1205(2)(b)wouldnotmaketheStaterulesmorestringentthanfederalregulationsorguidelines. Federal law related to the timing of Title V air quality operating pennit applications requires submissionofaninitial applicationfor aTitleVpennitwithin 12 months afterthefacilitybecomes subjecttotheTitleVpennitprogramorbyanyearlierdateestablishedbythepennittingauthority. § 503(c), ofthe FCAA, 42 U.S.C. § 7661b(c); and 40 CFR § 70.5(a)(I)(i). A new major source becomes subjectto theTitleVprogramuponcommencementofoperation. §502(a), oftheFCAA, 42 U.S.c. § 7661a(a); and40 CFR § 70.5(a)(1)(ii). Federal law requires the owneroroperatorto obtainapennitrevisionpriorto makingamodificationorchangein operationthatwouldviolatean 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 stringentthan, these federal provisions.
In summary, HB 521 maynot apply to theproposed amendments to ARM 17.8.308 and 17.8.744 becausethe amendments merelyconfonntheBoard'srules to state law. However, evenifHB 521 otherwise would apply, it doesn't apply because there are no comparable federal'regulations or guidelines, and theproposed amendments would not make the state rules more stringent.
HB521 probablydoesn'tapplytotheproposedamendmentsto ARM 17.8.504(2)(a)and 1205(2)(b) because HB 521 wasintended to applyto standards andnot fee rules andproceduralrequirements. However, as with the proposed amendments to ARM 17.8.308 and 17.8.744, even ifHB 521 otherwisewouldapply,itdoesn'tapplybecausetheproposedamendmentswouldnotmaketherules more stringentthan comparable federal regulations orguidelines. Therefore, no further HouseBill 521 analysis is required.
HB 311 REVIEW (AssessingImpact OnPrivate Property) Sections2-10-101 through 105,MCA,codifyHouseBi1l311,thePrivatePropertyAssessmentAct, from the 1995 Montana Legislature, byrequiring that, priorto taking an action that has taking or damaging implications forprivatereal property, a state agencymustprepare a taking ordamaging 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 pertainingto landorwatermanagementorto someotherenvironmentalmatterthatif adopted and enforcedwouldconstitutea deprivationofprivatepropertyinviolation ofthe United States orMontanaconstitution. Section2-10-104,MCA,requirestheMontanaAttorneyGeneralto developguidelines, includinga checklist, to assist agencies in detennining whether an agency action has taking or damaging implications.
3

### Thepresentproposedactioninvolvesruleamendmentsaffectinguseofprivaterealproperty, andthe Board has discretion legally not to take the action, with the possible exception ofthe proposed amendmentstoconformtherulesto thestatutoryagriculturalactivityexemption. So,Icompletedan AttorneyGeneral'sPrivatePropertyAssessmentActChecklist,whichis attachedto thismemo. The proposedrule amendments wouldnot: 

## * result in either apermanentorindefinitephysical occupation ofprivateproperty; 

## * deprive any ownerofall economically viable uses ofprivate property; 

## * denya fundamental attribute ofprivatepropertyownership; 

## * require a private property owner to dedicate a portion ofproperty 

### or grant an easement; 

## * have a severe impact onthe value ofprivateproperty; 

### or 

## * damage private property by causing a physical disturbance with respect to the propertyin excess ofthat sustainedbythe public generally. BaseduponcompletionoftheattachedAttorneyGeneral'sChecklist,theproposedrulemakingdoes nothavetaking ordamaging implications, and no further House Bill 311 assessment is required.
Ene.
DMR



# _. 4

### Name ofProject: Proposed Amendment ofAir QualityRules ARM 17.8.308, 17.8.504, 17.8.744, and 17.8.1205 MARNotice No. 17-278 PRIVATE PROPERTY ASSESSMENTACT CHECKLIST DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGIN"G IMPLICATIONS UNDERTHE PRIVATE PROPERTY ASSESSMENT ACT? YES NO X 

### 1. Does the action pertain to land orwatermanagement or environmentalregulation affectingprivatereal propertyorwaterrights? X 

### 2. Does the action result in either apennanent or indefinitephysical occupation of privateproperty? X 

### 3. Does the action deprive the owner ofall economicallyviable uses oftheproperty? X 

### 4. Does the action deny a fundamental attribute ofownership? (Ex.: right to exclude others; right to dispose ofthe property) X 

### 5. Does the action require aproperty ownerto dedicate aportion ofproperty orto grant an easement? [Ifthe answer is NO, skip questions 5aand 5b and continue with question 6.] 5a. Is there a reasonable, specific connectionbetween the government requirement and legitimate state interests? 5b. Is the governmentrequirement roughlyproportional to the impact ofthe proposed use ofthe property? X 

### 6. Doesthe action have a severe impact on the value ofthe property? (Consider economic impact, investment-backed expectations, and the character ofthe government action.) X 

### 7. Doesthe action damage thepropertybycausing somephysical disturbance with respect to the propertyin excess ofthat sustainedbythe public generally? [Ifthe answer is NO, do not answer questions 7a

- 7c.] 7a. Is the impact ofgovernment action direct, peculiar, and significant? 7b. Has government action resulted in the propertybecomingpracticallyinaccessible, waterlogged, orflooded? 7c. Has government action diminished property values bymore than 30% and necessitated the physical takingofadjacent property orproperty across apublic way from the propertyin question? X 

### Taking or damaging implications? (Taking ordamaging implications exist ifYES is checked in response to question 1and also to anyone ormore ofthe following questions: 2, 3,4,6, 7a, 7b, or7c; orifNO is checked in response to question 5aor 5b.

## NO WRITTEN PUBLIC TESTIMONY WAS RECEIVED.

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### BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

Inthe matter ofthe 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 airquality operatingpermit applications )

1. 

### OnNovember25, 2008, at 1:30 p.m.,the undersigned Presiding Officerpresidedoverand conducted a publichearing held inRoom 111 ofthe MetcalfBuilding, 1520 East SixthAvenue, Helena, Montana, to take public comment on the above-captioned proposed amendments. The amendments implementMont. CodeAnn. § 75-2-111exempting certain agricultural activities for airquality purposes. The amendments also change requirements for Title V 

### permit applications such that aMontanaAir QualityPermit (MAQP) and a Title V 

### permit maybeprocessed individually. 2. Notice ofthehearing was contained in the MontanaAdministrative Register (MAR), Notice No. 17-278, published on October23,2008, in Issue No. 20 atpages 2224 through 2231. A copyofthe notice is attached to this report. (Attachments are provided in the same orderas they are referenced inthisreport.) 3. The CourtReporter, SusanJohnson, ofLesofski CourtReporting, located in Helena, Montanatranscribed the hearing. 4. 

### There were no members ofthe public at the hearing. Atthe hearing, the Presiding Officeridentified and summarizedthe MARnotice andreadthe Notice ofFunction ofAdministrativeRule Review Committee as required by Mont. CodeAnn. § 2-4-302(7)(a).

PRESIDING OFFICERREPORT PAGE 1

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### SUMMARY OFHEARING 5. Ms. DebraWolf, a plannerwiththe AirResources Management Bureau, Department ofEnvironmental Quality submitted a written statement. (The written statement is attached.) 

### 6. There were no written comments submitted. 

### 7. A writtenmemorandum was submitted from DEQ staffattorney, DavidRusoff, withHB 521 and HB 311 reviews ofthe proposed amendments and a Private PropertyAssessmentAct Checklist. (Mr. Rusoffsmemorandum is attached to thisreport.) 

### 8. The proposed amendments to ARM 17.8.308 and 17.8.744 are rule amendments implementing state law and wouldnotmake the state rules more stringentthan comparable federal regulations or guidelines whichdo notexist. Therefore inthe case ofthese two rule amendments, HB 521 does notapply. The proposed amendments to ARM 17.8.1205(2)(b) are consistentwith, and are not



# - more stringentthan federal provisions governingthe timing ofair qualitypermit applications. 

### 9. Withrespectto HB 311 (the Private PropertyAssessmentAct, Mont. Code Ann. §§ 2-10-101 through 105), the State is requiredto assess the taking or damaging implications ofa proposedrule or amendments affectingthe use of private real property. Thisrulemaking affects the use ofprivate real property. A Private PropertyAssessmentAct Checklist wasprepared, which shows thatthe proposed amendments do nothavetaking or damaging implications. Therefore, no further assessment is required. 10. The periodto submit comments ended at 5 p.m. onNovember 25, 2008.

PRESIDING OFFICERREPORT PAGE 2

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### PRESIDING OFFICER**COM~,'lENTS** 

### 11. The Boardhasjurisdictionto 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. Rusoffconcerning House Bill 521 (1995) andHouse Bill 311 (1995) are correct. 13. The procedures required bythe MontanaAdministrative Procedure Act, including public notice, hearing, and comment, have beenfollowed. 14. TheBoard may adoptthe proposedrule amendments, reject them, or 

### adopt the rule amendments withrevisions not exceedingthe scope ofthe public notice. 15. UnderMont. CodeAnn. 

### §2-4-305(7), for the rulemakingprocess to be valid, the Boardmust publish a notice ofadoption within six months ofthe date the Boardpublishedthe notice ofproposedrulemaking in the Montana Administrative Register, orbyApril 28, 2009. DATED this day ofJanuary, 2009.

KATHERIJ'JE 1. 

### ORR Presiding Officer

PRESIDING OFFICERREPORT PAGE 3

## BEFORETHE DEPARTMENT OF ENVIRONMENTAL REVIEW OF THESTATEOF MONTANA

.. Inthematterofthe amendment ofARM )

17.8.308,17.8.504,17.8.744, and 17.8.1205) perrainingto**p~uticulate** 

### matter, permit ) application fees, general exclusions for ) air quality permits, and requirements for ) timely and complete air quality operating ) permit applications )



## .TRANSCRIPT OFPROCEEDINGS

Heardinthe MetcalfBuilding, Room III 1520 East SixthAvenue Helena, Montana November25, 2008 

### 1:30 p.m.

SUSANJOHNSON, RPR LesofskiCourtReporting, Inc. 7West6th Avenue, Suite 519

Helena,Montana59601 (406)443-2010

### 1
1 2 

### 3 

### 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 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

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 

### 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

### 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 

### 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

### 1 

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### 12 13 14 15 16 17 18 19 20 21 22 23 24 6 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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### 25 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. 

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SUSAN JOHNSON, RPR**.~** "

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.**~,'** 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 jIn the matter ofthe amendmentofARM 17.8.308, TRANSCRIPT OFPROCEEDINGS 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
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### A audience (1) 2:14;5:22 ,6:23 completes (1)

I authority (1) 3:23

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### B conduct (1) 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 

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### F facility (1) 5:19 favor (1) 4: 6 federal (1) 5:4 fees (1) 2:12 final (3) 5:13,20,24 firstly (1) 4:16 following (1) 2: 1 follows (1) 2:20 Function (3) 2:19,21;3:24 functions (2) 2:25;3: 3 further (1) 6:24 

### G Igeneral (1) 2:12 Good (1) 4: 8 grammatical (1) 6:18 I 

### H

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### E economic (1) 3:9 encompass (1) 4:22 ensure (1) 5:9 ensures (1) 5:14 entities (1)In the matter ofthe amendment ofARM 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 -----------1 4:10 f-----------------j pursuant (1) room (1) 

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### 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) 

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### N 4: 6 references (1) 2: 9 5:20

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### 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

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### T I 4: 5 -L2_:_3_;3_:_19_;5_:_1_1 ---'-_6:_1_1,_13 

# L
(2) hearing - syntaxIn the matter ofthe amendmentofARM 17.8.308, TRANSCRIPT OFPROCEEDINGS 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)

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### V validity (1) 5:13 

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## Board ofEnviroDDl.ental Revie-wAGENDA BOARD OF ENVIRONMENTAL REVIEW FRIDAY, JANUARY 23, 2009 METCALFBUILDING, ROOM 111 1520 EAST SIXTHAVENUE, 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 mightnotaddress the specific agendaitems inthe orderthey are scheduled. Persons with disabilities, who need an accommodationin ordertoparticipateinthis meeting, shouldcontactthe Board Secretary at (406) 444-670I. 9:00A.M. 

## x. ADMINISTRATIVE ITEMS A. REVIEW AND APPROVE MINUTES 1. December 5, 2008, regularly scheduledBoardmeeting. II. BRIEFING ITEMS A. CONTESTED CASEUPDATE 1. Cases assignedto Hearing OfficerKatherine Orr
a. Inthe matterofCRKendall Corporation'srequestfor a hearingto appealDEQ's decision to deny a minorpermitamendmentundertheMetal MineReclamation Act, BER2002-09 MM. AnEIS on the mine closure plan is on hold until collection ofwater 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. Theparties anticipatecompletion ofthe EIS in2009. b. In the matter ofViolations ofthe Water QualityAct by ASARCO, Inc., BER 2005-09 WQ. A Stay of Proceedings was issued by the Hearing Examiner on January 19, 2006, upon notification by the Departmentofthe bankruptcyproceeding.
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 aFourth Order GrantingExtension. The parties haduntil January 6,2009, to file aproposed settlement orapre-hearing schedule. d. In the matter ofthe appeal by Southern Montana Electric (SME) regarding its Air Quality Permit No. 3423-00for theHighwood Generation Station, BER2007-06 AQ. The Departmentof Environmental Quality filed a status report on September 19,2008, requesting a stay until the EPA evaluated a reference testmethodfor condensable particulatematterand SME filed a statusreport on September 19,2008, requesting a stay of6 months. An Order Granting Stay of Proceedings was issuedbythe HearingExamineron 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 extensionto December 5, 2008, to complete a Supplemental Environmental Plan (SEP) and settlement documents. The DEQ filed a Status Report andRequestfor 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. Inthe matter ofviolations ofthe 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 aproposed settlement or submit aprehearing schedule.

Page I of4g. 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 partiesjointly filed a Motion to Stay. An Order Granting Stay of Proceedings was filed on December 9, 2008, givingthe partieduntil February 9,2009, to settle or propose ahearing schedule. The parties are still involved in settlement negotiations. h. In the matter ofviolations ofthe Hazardous Waste Act by the Three W's, Inc., and Montana Waste Systems, Inc., BER2008-09 HW (ThreeW's). (The Board has retainedjurisdiction on this caseto hear contested case matters.) On November 20,2008, the Hearing Examiner issued aSecond Order Granting Extension until February 19,2009, for the parties to provide settlement documents or submit apre-hearing schedule.
1. In the matter ofviolations ofthe opencut mining act by TMC, Inc. at the Nuss Pit, Gallatin County, Montana, BER2008-10 Oc. The parties have settled this matter and are in the process of signing an Administrative Order on Consent. j. In the matter ofthe violations ofthe 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 awritten agreement. k. In the matter ofviolations ofthe Montana Water Quality Act by Wilderness Club, LLC., at the Wilderness Club Eureka, Lincoln County, Montana, BER 2008-13 WQ. (The Board has retainedjurisdiction on this case to hear contested case matters.) On November 20, 2008, the Board received a Witnesses andExhibits document from the appellant. Atelephonic pre-hearing conference will be held on May 19, 2009, and a hearing is set for May 27, 2009. The hearing date may be changedto coincide with aregularly scheduled meeting date ofthe Board. 1. In the matter ofviolations ofthe Montana Public Water Supply Laws by Loyal Order ofthe 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 ofviolations ofthe 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 ahearing is scheduled for April 15, 2009.
n. In the matter ofviolations 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, BER2008-18 UST. The parties have verbally agreed on a settlement and are fmalizing a written agreement.
o. In the matter of the appeals ofthe Record of Decision under the Major Facility Siting Act related to the Montana AlbertaTie Ltd. transmission line, BER2008-19, 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 NaturEnerUSA, LLC, was allowed intervenor status. On January 13, 2009, the Board receivedAppellantMartin's Withdrawal from CaseNo. BER 2008-19 MFS, withdrawing appellant Katrina Wilson Martin. On January 15, 2009, the Board received More Detailed Statements ofClaims 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 ofthe 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 of Montana Environmental Information Center, Et AI. setting forth the grounds for their

BERAgenda Page 2 of4 January 23, 2009request for hearing. On December 19, 2008, Hearing Examiner Katherine Orr issued an Order Granting Extension after the parties requested an extension oftime 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 oftheThompson River CO-Gen, LLC,AirQualityPermitNo. 3175-04, HER2006-18 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 ofPetitioner's Motion for Leave to File an Amended Affidavit and affirming the order ofthe Board ofJune 11, 2008. The District Court also denied Intervenors' (DEQ's and Thompson River Power's) Motion to Dismiss. A Notice ofEntry ofJudgment was filed on January 5, 2009, by the Respondent-Intervenor, Thompson RiverPower. b. In the matter ofthe 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 ofthe 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. SMEjoined in this motion. SME and DEQ filed Answer Briefs in response to the Opening Brief ofthe Petitioners on October 21, 2008. On October 21, 2008, the National Rural Electric Cooperative Association filed an amicus briefin supportofrespondents SME andDEQ. On December 12,2008,theparties filed supplemental briefs regarding the November 13,2008, decision ofthe U.S. Environmental Appeals Board in the case ofIn re: Deseret PowerElectric Cooperative. On December 31, 2008, DEQ filed a further Notice of Supplemental Authority, attachingEPA's Interpretation ofRegulations 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 afterJanuary. B. UPPER BLACKFOOT MINING COMPLEX

- David Bowers will briefthe Board on the present status of the Upper Blackfoot Mining Complex. The briefmg will provide a short history ofevents from the time the BoardrescindedASARCO's Temporary Standards permit for the UBMC to thepresent. ATTACHMENT C. LEGISLAnON BRIEF

- DEQ will provide a summary ofits 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 ofthe Gallatin River. ATTACHMENT III. ACTION ITEMS A. INInAnONOFRULEMAKING AND APPOINTMENTOF HEARING OFFICER The Departmentwill propose thatthe Board concur in its recommendation to initiaterulemakingto: 1. In the matter ofthe amendment ofARM 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, 2009prohibiting 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 extendthe comment period. ATTACHMENTS 2. Adopt model organizational rulemaking and contested case rules as revised by the Secretary ofState and Attorney General pursuant to HB 70 ofthe 2007 Legislature, whichtransferred certain model rules from the Attorney General to the Secretary of State. Because the Department does not expect any public comments, the Department is proposingthat the Board proceed with this rulemaking without scheduling a public hearing. /l,TT /l.CH MENTS B. REPEAL, AMENDMENT OR ADOPTION OF FINALRULES 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 ofthe rule as the Boardproposed inthe notice ofrulemaking. ATTACHMENTS· C. NEW CONTESTED CASE APPEALS 1. In the matter ofviolations ofthe 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 ofthe appeal by the USDA Forest Service Northern Region ofthe air quality major open burningpermitfee for calendaryear2009, BER2009-01 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. FINALACTION 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 of Dismissalwill be presented for signature by the Chairman. DISMISSAL ORDER 2. In the matterofviolations ofthe OpencutMining Act byJames Timis attheTimis Excavation Site Flathead County, MT, BER 2008-02 Oc. On December 11, 2008, the parties filed a Stipulation to Dismiss. An Order of Dismissalwill be presented for signature by the Chairman. DISMISSAL ORDER 3. In the matter ofviolations ofthe 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 ofDismissal will be presented for signature by the Chairman. DISMISSAL ORDER 4. In the matter ofthe appeal by the USDA Forest Service Northern Region ofthe air quality major open burning permit fee for calendaryear 2009, BER2008-22 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. GENERALPUBLICCOMMENT A. Under this item, members ofthe public may comment on any public matter within thejurisdiction ofthe Board that is not otherwise on the agenda ofthe 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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25 Laurie Crutcher - RPR 406-442-8262
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### 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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### 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.

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### 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

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25 .,,......,,., 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

### 5

10

15

20

25 

## . ..-, 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/ agenda is

# ~ew cases, new

# co~tested I 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

# 14rnt,gov
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# Final Notice of Rulemaking**;;E~e'ctive'** 2/13/09

1/16/08 Notice of Amendment (Underground Storage Tanks

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-**~"'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 ofany material unless reasonable precautions to control emissions of airborne particulate matterare taken. Such emissions of airborne particulate matterfrom any stationary source shall not exhibit an opacity of 20% or greateraveraged over six consecutive minutes, exceptfor emission ofairborne particulate matter originating from any transfer ladle or operation engaged in the transfer of molten metal which was installed or operating priorto November 23, 1968. (2) No person shall cause orauthorize the use ofany 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 ofairborne particulate matterfrom any stationary source shall not exhibit an opacity of20% 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 ofairborne particulate matter shall apply reasonably available control technology (RACT); (b) any new source ofairborne particulate matterthat has a potential to emit less than 100 tons peryear ofparticulate matter shall apply best available control technology (BACT); (c) any new source ofairborne particulate matterthat has a potential to emit more than 100tons per year of particulate mattershall apply lowest achievable emission rate (LAER). (5) The provisions ofthis rule shall not apply to emissions ofairborne particulate matter originating from: (a) any agricultural activity or equipment that is associated with the use of agricultural land orthe 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 setforth 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 of42 USC 7475,7503, or7661, as setforth 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.)

17-309 ADMINISTRATIVE RULES OF MONTANA 3/31/09

### 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 itfinds that the proposed project would result in a violationofthe State Implementation Plan orwould interfere with the attainment or maintenance ofany federal or state ambient air quality standard. (4) Nothing in (2) obligates the departmentto issue a Montana air quality permit. An owner or operatorwho 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 declineto issue a Montana air quality permit, or issue a permit that diminishes or renders useless the value ofwork completed priorto permit issuance. In voluntarily choosing to engage in such activities while knowing ofthese risks, the owner or operator agrees that, in the eventthe department seeks injunctive reliefto halt or prohibit construction, no irreparable harm has resulted in anyway to the owner or operatorfrom these activities. (5) The provisions of (2) do not supersede any other local, state, orfederal requirements associated with the activities setforth 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 MONTANAAIR QUALITY PERMITS--GENERAL EXCLUSIONS (1) A Montana air quality permit is not required underARM 17.8.743for the following: (a) residential fireplaces, barbecues, and similar devices for recreational, cooking, or heating use; (b) mobile emitting units, including motorvehicles, 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 orthe 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 setforth in 75-2-111(1)(a), MCA; (e) a business relating to the activities orequipment referred to in (1)(d) that remains in a single location for less than 12 months and is not subject to the requirements of42 USC 7475, 7503, or7661, as setforth in 75-2-111 (1)(b), MCA;

17-429 ADMINISTRATIVE RULES OF MONTANA 3/31/09

### 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 orfacility safety. Emergency equipment use extends only to those uses that alleviate such adverse effects on public health orfacility safety; (h) any activity orequipment associated with the cOAstruction, maintenance, or use of roads except emitting units forwhich a permit is required underARM 17.8.743; (i) open burning, which is regulated underARM Title 17, chapter 8, subchapter 6, and an open burning permit may be required underthat subchapter; 

### 0) drilling rig stationary engines and turbines that do not have the potential to emit more than 100tons peryear ofany pollutant regulated underthis chapter and that do not operate in any single location for more than 12 months; (k) temporary process oremission control equipment, replacing malfunctioning process oremission control equipment, and meeting the requirements ofARM 17.8.110(7) through (9); (I) routine maintenance, repair, or replacement ofequipment and equipment used to perform routine maintenance, repair, or replacement; or (m) anyfacility 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 MONTANAAIR QUALITY PERMITS--EXCLUSION FOR DE MINIMIS CHANGES (1) A Montana air quality permit is not required underARM 17.8.743for de minimis changes as specified below: (a) Construction orchanged conditions ofoperation 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 peryear ofany pollutant except: (i) 'any construction orchanged conditions ofoperation at a facility thatwould violate any condition in the facility's existing Montana airquality permit or any applicable rule contained in this chapter is prohibited, except as allowed in (2); (ii) any construction or changed conditions ofoperation at a facilitythat would qualify as a major modification ofa majorstationary source under subchapters 8, 9, or 10 ofthis chapter; (iii) any construction orchanged conditions ofoperation at a facility that would affect the plume rise ordispersion characteristics ofthe emissions in a mannerthatwould cause or contribute to a violation ofan ambient air quality standard or an ambient air increment, as defined in ARM 17.8.804; (iv) any construction or improvement projectwith a potential to emit more than 15 tons peryear may not be artificially split into smaller projects to avoid permitting underthis 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 ofthe State Implementation Plan or would interfere with the attainment or maintenance ofany federal or state ambient air quality standard. (4) Nothing in (2) obligates the departmentto issue a Montana air quality permit. An owner or operatorwho 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 thatthe 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 ofwork completed priorto permit issuance. In voluntarily choosing to engage in such activities while knowing ofthese risks, the owner or operator agrees that, in the eventthe department seeks injunctive reliefto halt or prohibit construction, no irreparable harm has resulted in anyway to the owner or operatorfrom these activities. (5) The provisions of (2) do not supersede any other local, state, orfederal requirements associated with the activities setforth 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 MONTANAAIR QUALITY PERMITS--GENERAL EXCLUSIONS (1) A Montana air quality permit is not required underARM 17.8.743 forthe following: (a) residential fireplaces, barbecues, and similardevices for recreational, cooking, or heating use; (b) mobile emitting units, including motorvehicles, trains, aircraft, and other such self-propelled vehicles; (c) laboratory equipment used for chemical or physical analysis; (d) any agricultural activity or equipmentthat 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 setforth in 75-2-111 (1)(a), MCA; (e) a business relating to the activities orequipment referred to in (1)(d) that remains in a single location for less than 12 months and is not subjectto the requirements of42 USC 7475,7503, or7661, as setforth 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 aretemporarily 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 orfacility safety; (h) any activity or equipmentassociated 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 underARM Title 17, chapter 8, subchapter6, and an open burning permit may be required underthat subchapter; 

### G) drilling rig stationary engines and turbines that do not have the potential to emit more than 100tons peryear ofany pollutant regulated underthis 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 ofARM 17.8.110(7) through (9); 

### (I) routine maintenance, repair, or replacement ofequipment 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 MONTANAAIR QUALITY PERMITS--EXCLUSION FOR DE MINIMIS CHANGES (1) A Montana air quality permit is not required underARM 17.8.743 for de minimis changes as specified below: (a) Construction orchanged conditions ofoperation at a facility forwhich a Montana air quality permit has been issued that do not increase the facility's potential to emit by more than 15 tons peryear ofany pollutant except: (i) 'any construction orchanged conditions ofoperation at a facility that would violate any condition in the facility's existing Montana airquality permit or any applicable rule contained in this chapter is prohibited, except as allowed in (2);· (ii) any construction or changed conditions ofoperation at a facility that would qualify as a major modification ofa major stationary source undersubchapters 8, 9, or 10 ofthis chapter; (iii) any construction or changed conditions ofoperation at a facility that would affectthe plume rise ordispersion characteristics ofthe emissions in a mannerthat would cause or contribute to a violation ofan ambient air quality standard oran ambient air increment, as defined in ARM 17.8.804; (iv) any construction or improvement project with a potential to emit more than 15tons peryear may not be artificially split into smaller projects to avoid permitting underthis 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 ofthe amendment ofARM ) 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 ofthe 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 

# -,

lsiDavid 

### Rusoff By: 

### lsiJoseph W Russell DAVID RUSOFF JOSEPH W. RUSSELL, M.P.H. Rule Reviewer Chairman Certified to the Secretary ofState, February 2, 2009.

'''-. 

### Montana Administrative Register 3-2/12/09