### OFFICE OF THE GOVERNOR STATE OF MONTANA BRIAN SCHWEITZER 9 ;,Ak==--,Jf~ JOHN BOHLINGER GOVERNOR p,~c~ ;-~(+, LT . GOVERNOR



### October 16, 2006 Robert E. Roberts Regional Administrator USEPA, Region 8 999 18th Street, Suite 500 Denver, Colorado 80202-2466 Dear Mr. Roberts: Montana is submitting revisions to its State Implementation Plan (SIP)
. This submission contains revisions to the following rules: ARM 17.8.743 (with the exception of 17.8.743(1)(c)), and New Rules 1-VI, codified as ARM 17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606, pertaining to the regulation of oil and gas well facilities, and ARM

17.8.759, pertaining to Montana air quality permit applicability. The Montana Board of Environmental Review (Board) adopted these new rules and rule amendments on December 2, 2005. In addition to these submissions, Montana is also withdrawing the previous submission of ARM 17.8.743(1)(c) regarding the applicability of incinerators in the Montana air pollution permit programrules. ARM 17.8.743(1)(c) was inadvertently included in the submission dated May 28, 2003 (Board approval date - December 6, 2002)
. Montana is also submitting an update to the incorporation by reference ofARM 17.8.1402, adopted by the Board on June 5, 2003
. This submission contains two copies of the Records ofAdoption as required by 40 CFR Part 51, Appendix V

. Also enclosed are two copies of SIP narrative replacement pages. Ifyou have any questions concerning the contents of this submission, please direct them to Debra Wolfe, Montana Department of Environmental Quality at (406) 444-7916. Sincerely,

N SCHWEITZER Governor Enc.

STATE CAPITOL 0 P .O . BOX 200801 * HELENA, MONTANA 59620-0501

TELEPHONE : 406-444-3111 " FAX: 406-444-5529 0 WEBSITE : www .MT .GOV

# STATE OF MONTANA Rule Replacement Pages

ARM : 17.8.759 In the Matter of the Amendment of 17.8.759 pertaining to Montana air quality permit

application
. December 2, 2005

### Volume I

Chapter 9 

### STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject : Administrative Rules of Montana
AIR QUALITY 17.8.760 (b) the date bywhich all comments on the preliminarydetermination must be submitted in writing, which must be within: (i) 30days after the notice is mailed forapplications subjectto the federal airpermitting provisions of 42 U.S.C. 7475, 7503, or 7661 or the provisions of 75-2-215, MCA, or applications that require preparation of an environmental impact statement; or (ii) 15 days after the notice is mailed for all otherapplications, except as provided in (5) ; and (c) the date by which a final decision must be made pursuant to 75-2-211(9), MCA . (5) The department may, on its own action, or at the requestofthe applicantor member of the public, extend by 15 days the period within which public comments may be submitted as described in (4)(b)(ii) and the date for issuing a final decision on a permit application as described in 75-2-211(9)(b), MCA, if the departmentfindsthat an extension is necessarytoallow the department to make an informed decision. (a) Any requestforan extension, as provided under (5), by the applicantora member of the public must be submitted to the department by the date that written comments on the preliminary determination originally were due. (b) The department shall extend the comment period if the preliminary determination contains one or more requirements of 40 CFR part 63, as incorporated by reference in this chapter, that require a 30-day comment period. (c) The department shall notify the applicant of any extensions granted under (5)
. (6) The time for issuing a final decision may be extended for 30 days by written agreement of the department and the applicant. The department maygrant additional 30-day extensions at the request of the applicant. (History: 75-2-111, 75-2-204, MCA ; IMP, 75-2-211, MCA ; NEW , 2002 MAR p. 3567, Eff. 12/27/02; AMD , 2003 MARp. 2272, Eff. 10/17/03; AMD , 2005 MAR p. 2663, Eff. 12/23/05.) 17.8.760 ADDITIONAL REVIEW OF PERMIT APPLICATIONS (1) When an application for a Montana air quality permit requires an environmental impact statement under the Montana Environmental Policy Act, 75-1-101, et seq., MCA, the procedures for public revieware those required by the Montana Environmental PolicyAct and the rules adopted by the board and department to implement the Act, ARM Title 17, chapter4, subchapter 6, and ARM 17.4.701 through 17.4.703. ADMINISTRATIVE RULES OF MONTANA 12/31/05 17-445 Replaces Page: 9.2.2.7 (18) 1 Dated: September 26, 2003 December 2, 2005 Page: 18 of 30 Page 9 .2.2.7 (18)

### Volume I

Chapter 9 STATE OF MONTANA Subject : Administrative AIR QUALITY CONTROL Rules of IMPLEMENTATION PLAN Montana
17.8.762 ENVIRONMENTAL QUALITY (2) When an application for a Montana air quality permit is also an application for certification under the Major Facility Siting Act, public review is governed by the rules implementing that Act, ARM Title 17, chapter 20

. (History: 75-2-111, 75-2-204, 75-20-216, MCA ; IMP , 75-2-211, 75-20-216, MCA ; NEW , 2002 MARp. 3567, Eff. 12/27/02.) Rule 17.8.761 reserved 17.8.762 DURATION OF PERMIT (1) AMontana air quality permit is in effect until the permit is revoked underARM 17.8.763, amended underARM 17.8.764, or modified underARM 17.8.748. Portions of a Montana air quality permit may be revoked, amended, or modified without invalidating the remainder of the permit . (2) Apermit issued prior to construction or installation of a new or modified facility or emitting unit may provide that the permit or a portion ofthe permit will expire unless construction or installation is commenced within the time specified in the permit, which may not be less than one year or more than three years after the permit is issued. (History: 75-2-111, 75-2-204, MCA ; IMP, 75-2-211, MCA

; NEW , 2002 MAR p. 3567, Eff. 12/27/02.) 17.8.763 REVOCATION OF PERMIT (1) The department may revoke a Montana air quality permit or any portion of a permit upon written requestof the permittee, or for violation of any requirement of the Clean Air Act of Montana, rules adopted under that Act, the Federal Clean Air Act and rules promulgated under that Act (as incorporated by reference in ARM 17.8.767), or any applicable requirement contained in the Montana state implementation plan (as incorporated by reference in ARM 17.8.767)
. (2) The departmentshall notify the permittee in writing of its intent to revoke a permit or a portion of a permit . The department's decision to revoke a permit or any portion of a permit becomesfinal when 15 days have elapsed afterthe permittee's receipt of the notice unless the permittee requests a hearing before the board. (3) When the department revokes a permit under this rule, the permittee may requesta hearing before the board. A hearing request must be in writing and must be filed with the board within 15 days after receipt of the department's notice of intent to revoke the permit. Filing a requestfor a hearing postpones the effective date of the department's decision until issuance of a final decision by the board. 17-446 12/31/05 ADMINISTRATIVE RULES OF MONTANA 

### Replaces Page: 9

.2.2.7 (19) 1 Dated: September 26, 2003 December 2, 2005 Page: 19 of 30 Page 9.2.2.7 (19)

### Volume I

Chapter 9 STATE OF MONTANA Subject : Administrative AIR QUALITY CONTROL Rules of IMPLEMENTATION PLAN Montana
AIR QUALITY 17.8.765 (4) A hearing under this rule is governed by the contested case provisions of the Montana Administrative ProcedureAct, Title 2, chapter4, part 6, MCA . (History: 75-2-111, 75- 2-204, MCA

; IMP , 75-2-211, MCA

; NEW , 2002 MARp. 3567, Eff.12/27/02; AMD , 2003 MARp. 2272, Eff. 10/17/03.) 17.8.764 ADMINISTRATIVE AMENDMENT TO PERMIT (1) The department may amend a Montana air quality permit, or any portion of a permit, for the following reasons: (a) changes in any applicable rules adopted by the board; (b) changes in operation that do not result in an increase in emissions. The owner or operator of a facility may not increase the facility's emissions beyond permit limits unless the increase meets the criteria in ARM 17.8.745 for a de minimis change not requiring a permit, or unless the owneror operator applies for and receives another permit in accordance with ARM 17.8.748, 17.8.749, 17.8.752, 17.8.755, and 17.8.756, and with all applicable requirements in ARM Title 17, chapter 8, subchapters 8, 9, and 10; (c) administrative errors in the permit that do not affect substantive provisions of the permit. (2) Thedepartment shall notify the permittee in writing of anyproposed amendments to the permit. The permit is deemed amended in accordance with the notice when 15 days have elapsed fromthe date of the department's decision to amend the permit, unless the permittee requests a hearing before the board. (3) When the department amends a permit underthis rule, the permittee may request a hearing before the board. Ahearing request must be in writing and must be filed with the board within 15 days afterthe department issues its decision to amend the permit . Filing a requestfor hearing postpones the effective date of the department's decision until issuance of a final decision by the board. (4) A hearing under this rule is governed by the contested case provisions of the Montana Administrative ProcedureAct, Title 2, chapter4, part 6, MCA . (History: 75-2-111, 75- 2-204, MCA

; IMP , 75-2-211, MCA

; NEW , 2002 MARp. 3567, Eff. 12/27/02; AMD , 2003 MARp. 2272, Eff. 10/17/03.) 17.8.765 TRANSFER OF PERMIT (1) AMontana airqualitypermit maybe transferred fromone location to another if: (a) the department receives a complete notice of intent to transfer location, including: (i) written notice of intent to transfer location on forms provided by the department ; and ADMINISTRATIVE RULES OF MONTANA 12/31/05 17-447 Replaces Page: 9

.2.2.7 (20) 1 Dated: September 26, 2003 December 2, 2005 Page: 20 of 30 Page 9 .2.2.7 (20)

### Volume I

Chapter 9 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN 17.8.765 Subject : Administrative Rules of Montana ENVIRONMENTAL QUALITY (ii) documentation that the permittee has published notice of the intended transfer by means of a legal publication in a newspaper of general circulation in the area to which the transfer is to be made. The notice must include a statement that public comment will be accepted by the department for 15 days after the date of publication and that comments should be addressed to: Air Permitting Section, Air Resources Management Bureau, Department of Environmental Quality, 1520 E. 6th Ave., P.O

. Box 200901, Helena, MT 59620-0901 ; (b) the permitted facility will operate in the new location for less than one year; (c) the permitted facility can be expected to operate in compliance with: (i) the Federal Clean Air Act, the Clean Air Act of Montana and rules adopted under those acts, including the ambient air quality standards; and (ii) the Montana state implementation plan. (d) the owner or operator of the permitted facility complies with ARM Title 17, chapter 8, subchapters 8, 9 and 10, as applicable. (2) A Montana airquality permit may be transferred fromone owner or operator to another if the department receives written notice of intent to transfer, including the names and authorized signatures of the transferor and the transferee. (3) The department may not approve or conditionally approve a permit transferif approval would result in a violation of the Clean Air Act of Montana or rules adopted under that Act, including the ambient air quality standards. If the department does not approve, conditionally approve, ordeny a permit transferwithin 30days after receipt of a complete notice of intent to transfer, as described in (1)(a) or (2), the transfer is deemed approved. (History: 75-2-111, 75-2-204, MCA ; IMP, 75-2-211, MCA

; NEW , 2002 MAR p. 3567, Eff. 12/27/02.) Rule 17.8.766 reserved

NEXT PAGE IS 17-453 17-448 12/31/05 ADMINISTRATIVE RULES OF MONTANA Replaces Page: 9

.2.2.7 (21) 1 Dated: December 6, 2002 December 2, 2005 Page: 21 of 30 Page 9 .2.2.7 (21)

## STATE OF MONTANA

RECORD OF ADOPTION

ARM : 17.8.759

In the matter of the amendment pertaining to review ofpermit applications

Date of Final Adoption by the Board of Environmental Review : 

## December 2, 2005

# RECORD OF ADOPTION Regulatory Actions TABLE OF CONTENTS (1) BER agenda granting rulemaking authority. (2) MAR notice for proposed rulemaking. (3) Public notice statement . (4) Memorandums to newspapers of general circulation. (5) Affidavits of publication including news clipping. (6) MAR notice to Interested Parties, APCAC, & repositories, 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 fromrule adoption meeting. (13) Transcript fromBER rule adoption meeting. (14) Final MAR to notice to Interested Parties, APCAC, & repositories, including address list. (15) Final MAR posted on the state electronic access system . (16) Final MAR notice of amended rule (published copy)
.

Prepared by: Date:

# 1

# Board of Environmental Review PO . Box 200901 . Helena, MT 59620-0901 * (406) 444-2544 * Website:, www .deq.state.mt .n`s AGENDA BOARDOF ENVIRONMENTAL REVIEW

FRIDAY, JULY 29, 2005 METCALF BUILDING, CONFERENCE ROOM 111 1520 EAST SIXTHAVENUE, HELENA, MONTANA NOTE : Individual agenda items are not assigned specific times. For public notice purposes, the Board will begin the meeting at the time specified. However, the Board might not address the specific agenda items in the order they are scheduled. 9:00A .M . I . ADMINISTRATIVE AGENDA ITEMS A . Review

andapprove minutes ofJune 3, 2005, meeting. Draft Minutes II . BRIEFINGAGENDAITEMS

1 . Cases assigned to Hearing Officer Tom Bowe a . In the matter of CR Kendall Corporation's request for a hearing to appeal DEQ's decision to deny a minor permit amendment under the Metal Mine Reclamation Act (BER 2002-09 MM)
. CR Kendall and DEQ have jointly requested additional time to submit a proposed schedule. The Hearing Examiner has granted the requests. b. In the matter of the Petition for Reviewof Hazardous Waste Final Permit No. MTHWP-03-O1 issued to Flying J Petroleums, Inc. (BER 2003-14 HW)
. Flying J has requested a hearing under the Montana Hazardous Waste Act to reviewthe final decision of DEQto issue a Hazardous Waste Final Permit to Flying J for its former refinery located near Cut Bank. Counsel for theparties stipulated to astay ofcontested case proceedings while they discussed the terms of an order that could resolve this case. However, the case was not settled and the parties proposed a schedule for contested case proceedings. On April 5, 2005, the Hearing Examiner issued a scheduling order. The final prehearing conference was set for January 10, 2006. c. In the matter of Violations of the Montana Water Quality Act by the City of Lewistown Wastewater Treatment Plant (BER 2004-15 WQ)
. On October 20, 2004, the Board received a letter from the City Manager of Lewistown appealing $11,608 in administrative penalties for violations of the Water Quality Act. On September 21, 2004, DEQ had issued an Administrative Penalty Order for six discharges of sewage into Big Spring Creek. The parties proposed a schedule for contested case proceedings on March 1, 2005, and the Hearing Examiner issued a scheduling order. The final prehearing conference was set for October 12, 2005. A . CONTESTEDCASE UPDATE:

d. In the matter of Violations of the Montana Public Water Supply Laws by Darwin Simac d/b/a Jackson Creek Saloon, Montana City, Jefferson County (BER 2005- 05 PWS)
. The Board received a request for hearing on January 31, 2005, regarding a Notice of Violation and Administrative Compliance and Penalty Order for variousBoard of Environmental Review

July 29, 2005 Page 2 of 5

g.

J . violations of the Montana Public Water Supply Laws. The parties agreed on a schedule. Under the scheduling order, the hearing is set to begin onAugust 23, 2005. t e. In the Matter of Violations of the Montana Water Quality Act by Bar S Livestock, Inc., Toole County, Montana (BER-2005-06 WQ)
. Bar S Livestock, Inc. requested a hearing on the Notice of Violation and Administrative Compliance and Penalty Order issued by DEQrelating to the alleged failure of Bar S Livestock, Inc. to comply with the requirements of the general permit for the CAFOit operates near Shelby . The parties agreed on a schedule. Under the scheduling order the hearing is set to begin on October 5, 2005. f . In the matter of Violations of the Water Quality Act by ASARCO, Inc., (BER 2005-09WQ)
. The Board received a request for hearingregarding an Administrative Penalty Order issued by DEQ for the alleged failure to pay annual permit fees on the MGWPCS permit for discharges fromthe Paymaster Mine Adit located in Lewis and Clark County. DEQclaims ASARCOshould have paid permit fees for a permit that ASARCO argues should have been terminated in 2002. The parties requested until July 19, 2005 to submit a schedule or settlement papers and the Hearing Examiner granted the request. In the matter of Violations of the Opencut Mining Act by Kenneth Mikesell, d/b/a Mikesell Gravel Mine, Meagher County (BER 2005-10OC)
. DEQissued a notice of violation, statement of proposed penalty, and cessation and abatement order. In 1980, a permit was issued for an opencut gravel mine that would disturb 4 acres. An inspection in 2002 found about 20 acres of surface had been disturbed. Despite repeated requests, Mr . Mikesell did not submit an application to amend the permit and an additional bond, and was ordered to cease mining outside the 4-acre permitted area. Under the scheduling order, the final prehearing conference was set for October 3, 2005. h . In the matter of the application by Patty Irvine, d/b/a Marks Environmental Service, for renewal of septage disposal license (BER 2005-11 SW)
. DEQdenied license renewal by order dated March 29, 2005. The renewal was denied because the business is not being operated in compliance with septage disposal laws and rules . Alleged violations included the failure to maintain records, disposing of septage on land without first obtaining the written approval of the landowner and DEQ, and disposing of septage without a license. Under the scheduling order, the final prehearing conference was set for September 28, 2005. i . In the matter of the notice of Violation of the Opencut Mining Act by Mickelson Rock Products, LLC at the Tricon Pit #2, Mineral County (BER 2005-12 OC)
. DEQissued a notice of violation and statement ofproposed penalty for mining without a permit . Under the scheduling order, the hearingwill probably be held in December 2005. In the matter of Violations of the Montana Operator Certification and Public Water Supply Laws by Richard Kelly at the Ten Mile-Pleasant Valley Lagoons, Lewis and Clark County (BER 2005-13 PWS)
. The Board received a request for hearing on May 17, 2005, regarding the Notice of Violation and Administrative Compliance and Penalty Order issued by DEQfor the operation of a public sewage system without a certified operator . Under the scheduling order, the final prehearing conference was set for November 7, 2005. B. OTHER BRIEFNG ITEMSBoard ofEnvironmental Review July 29, 2005 Page 3 of 5 1. FAQs Update -The Board will be briefed on the status of updating the Board FAQs on

the Web . Revised Frequently Asked Questions III . ACTIONAGENDA ITEMS A . NPRC PETITION FOR RULEMAKING On May 17, 2005, the Board received a 70-page petition from17 entities, including Northern Plains Resource Council and Tongue &Yellowstone Irrigation District . Thepetition contains two components: (1) proposed adoption of new rules pertaining to treatment requirements for water fromCoal Bed Methane (CBM) development ; and (2) proposed amendment of ARM 17.30.670 pertaining to nondegradation requirements for electrical conductivity (EC) and sodium adsorption ratio (SAR), flow-based permitting, and the non-severability of these provisions. The Board received comments about the petition at its public meeting on June 3, 2005. The Petitioners agreed to extend the time for the Board to makes its decision on the Petition until the meeting on July 29, 2005. Under Mont . Code Ann . Sec. 2-4-315 and Model Rule 2, the Board will hear presentations by the petitioners and other interested persons regarding whether the Board should deny the petition or initiate rulemaking. Under Mont . Code Ann. Sec. 2-4-315, the Board's decision to deny the petition or to initiate rulemaking must be in writing and based on record evidence. Executive Summary Notice of Public Hearing on Proposed Amendment and Adoption Water Pollution Control Advisory Board Comment Pinnacle Gas Resources Comments Fidelity Exploration and Production Company Submittals Comments Letter Analysis of Petition TomOsborne, HydroSolutions Inc. Draft Testimony Schafer Ltd. Analysis ofWater Quality PowerPoint Presentation Petroleum

Association of Wyoming Technical Review and Analysis B. FINAL ACTION ONAPPEALS 1 . In the matter of the request for hearing of Nature ViewEstates, Missoula County, under Mont . Code Ann . § 76-4-126 (BER 2004-16 SUB)
. On Noveri3ber 3, 2004, the Boardreceived a letter fromthe law firmrepresenting the subdivision applicants, Jeff and

. Kori Hollenback. By letter dated October 4, 2004, the Missoula City-County Health Department stated that the subdivision couldn't be approved because of water supply deficiencies. The parties have filed a Stipulation for Dismissal stating that the parties have reached a settlement. Aproposed order dismissing the case will be presented to the Board for approval . 2 . In the matter of Violation of the Montana Strip and Underground Mine Reclamation Act by Westmoreland Resources, Inc. at the Absaloka Mine, Big Horn County (BER 2005-01 SM)
. Request for hearing was received on January 3, 2005, on aBoard of Environmental Review

July 29, 2005 Page 4 of 5 Notice of Violation and Statement of Proposed Penalty dated December 13, 2004. The

Department contends that Westmoreland (WRI) failed to regrade to the approved postmining topography and assessed a penalty of $800 for the violation . By letter dated January 31, 2005, DEQgave notice to the CrowCoal Regulatory Programof the case. The Tribe did not file a motion to intervene. The parties have stipulated to suspension of the abatement order as long as there is no immediate danger to health or safety. Prehearing conferences were conducted on May 18 and June 15, 2005, and the parties requested more time to attempt to reach a settlement . July 6, 2005, was set as the date to submit settlement papers or a proposed schedule for further proceedings
. On July 6, the Board received a stipulation to dismiss the case. A proposed order to dismiss the case will be presented for Board approval . C . NEW CONTESTEDCASES 1 . In the matter of Violations of the Opencut Mining Act by Century Companies, Inc . at the Bergh Pit, Plentywood, Sheridan County (BER 2005-14 OC)
. Request for hearing was received on June 14, 2005, on a Notice of Violation and Statement of Proposed Penalty relating to the alleged failure to complete reclamation on time. The parties requested until August 23, 2005, to pursue settlement . Standing InterimHearing Examiner TomBowe granted the request. The Board may appoint a permanent hearing examiner or decide to hear the case. 2. In the matter of the request for hearing of Sunnyside Orchards, Ravalli County, under Mont . Code Ann. § 76-4-126 (BER 2005-15 SUB)
. On June 29, the Board received a letter from Cleatus Johnson, a subdivision applicant, appealing the denial of his subdivision application by Ravalli County. By letter dated June 7, 2005, the Ravalli County Environmental Health Department stated that the subdivision application could not be approved because additional information was required to be provided by the applicant. The application was therefore denied pending submittal of the additional information. The Board may appoint a permanent hearing examiner to decide or hear the case. D . REMANDED CONTESTEDCASE In the matter of the issuance of the Air Quality Permit for the Roundup Power Project, Permit No. 3182-00 (BER 2003-04 AQ)
. On April 19, 2005, the Montana Supreme Court issued an opinion concluding that the Board, which conducted the contested case hearing on June 4-6, 2003, had not applied the correct standard of review . Additional information was provided in the memorandumwith attachments included in the Board packets for the Board meeting on June 3, 2005. The Supreme Court returned the case to the District Court on June 6, 2005. The District Court remanded the case to the Board by Order filed June 15, 2005. TomBowe, appointed hearing examiner for administration of the case, issued a scheduling order on June 17, 2005, setting a schedule for the parties to submit their posi .tions concerning the procedure on remand. The Board may decide whether to make a new decision based on the record or to receive additional evidence. The Board may set a schedule for further proceedings. E. INITIATION OF RULEMAKING The Department will propose that the Board concur in its recommendation to initiate ruiemaking to: 1 . Implement House Bill 581, which amends the Clean Air Act of Montana by modifying public conurnent periods for certain air quality permits and the filing deadline for affidavitsBoard of Environmental Review

July 29, 2005 Page 5 of 5 setting forth the grounds for requests for heating, and by authorizing the Board to issue

rules to extend public comment periods. The new legislationwas effective on July 1, 2005. Executive Summary Notice of Public Hearing on Proposed Amendment 2 . Implement Senate Bill 95, which amends the Clean Air Act of Montana to require the Board to adopt rules concerning air quality permit applications and air emission control requirements for certain oil or gas well facilities. The newlegislation is effective on January 1, 2006. It is necessary to initiate rulemaking in order to have rules in place by the effective date of the law . Executive Summary Notice of Public Hearing on Proposed Amendment and Adoption F. STANDING INTERIM HEARING EXAMINER The Board will designate a newstanding interim hearing examiner and will reassign all current and new

contested cases. G . MEIC PETITION FOR RULEMAKING On July 13, 2005, the Board received apetition fromthe Montana Environmental Information Center and the Fort Belknap Indian Community Council . The petition requests that the Board initiate rulemaking to amend ARM 17.24.116 pertaining to reclamation plans for metal mine permits. Under Mont. Code Ann. Sec. 2-4-315 and Model Rule 2, the Board will hear presentations by the petitioners and other interested persons regarding whether the Board should deny the petition or initiate rulemaking. Executive Summary IV. GENERAL PUBLICCOMMENT Under this item, members of the public may comment on any public matter within thejurisdiction of the Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings are not public matters on which the public may comment . V . ADJOURNMENT NOTE: Persons with disabilities who need an accommodation in order to participate in this meeting, should contact the Board Secretary at (406) 444-2544.

# 2-1476-
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA In the matter of the amendment) NOTICE OF PUBLIC HEARING ON of ARM 17 .8 .759 pertaining to ) PROPOSED AMENDMENT review of permit applications ) ) (AIR QUALITY) TO: All Concerned Persons 1 . On October 3, 2005, at 1 :30 p .m., the Board of Environmental Review will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule . 2 . The Board will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice . If you require an accommodation, contact the Board no later than 5 :00 p .m., September 23, 2005, to advise us of the nature of the accommodation that you need . Please contact the Board Secretary at P .O. Box 200901, Helena, Montana 59620-0901 ; phone (406) 444- 2544 ; fax (406) 444-4386; or email berCmt .gov . 3 . The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined : 17 .8 .759 REVIEW OF PERMIT APPLICATIONS (1) through (3) remain the same . (4) After making a preliminary determination, the department shall notify those members of the public who requested such notification subsequent to the notice required by ARM 17 .8 .748 and the .applicant of the department's preliminary determination . The notice must specify that comments may be submitted on the information submitted by the applicant and on the department's preliminary determination . The notice must also specify the following : (a) remains the same . (b) the date by which all comments on the preliminary determination must be submitted in writing, which must be within : - (i) remains the same . (ii) 15 days after the notice is mailed for all other applications , except as provided in (5) ; and 

### ( c) remains the same . (5) The department may extend by 15 days the period within which public comments may be submitted as described in (4)(b)(ii) and the date for issuing a final decision on a permit application as described in 75-2-211(9)(b), MCA, under the following conditions : (a) if the department finds that an extension would serve the public interest ; (b) upon request of the applicant or a member of the public and if the request for an extension is submitted to the MAR Notice No . 17-228 15-8/11/05-1477- department by the date that written comments on the preliminary determination originally were due ; or (c) if the preliminary determination contains one or more requirements of 40 CFR part 63, as incorporated by reference in this chapter, that require a 30-day comment period . (6) The department shall notify the applicant of any extension requests that are granted . (5) remains the same, but is renumbered (7)
. AUTH: 75-2-111, 75-2-204, MCA IMP : 75-2-211, MCA REASON: HB 581, enacted by the 2005 Montana Legislature, requires the Board to adopt rules providing a period of 15 days in which the public may submit comments on certain draft air quality permits . The legislation also requires the Board to adopt rules providing the basis upon which the Department may extend, by 15 days, this comment period and the period for notifying an applicant of the Department's final decision on approval or denial of an application . Air quality permits can be complex documents that require considerable review to develop an understanding of the basis for and appropriateness of the conditions contained within them . In some instances, 15 days is insufficient to conduct the necessary review and provide useful comment . Because each source of air pollution, its impact and the circumstances of the affected individuals are unique, circumstances justifying an extension of time may vary widely from one situation to another . Accordingly, the Board believes that allowing an extension of time when it would serve the public interest would allow the Department to consider the unique circumstances of each situation when determining whether an extension of time is warranted . Granting an extension where an applicant or member of the public requests it in writing no later than the end of the original 15-day period would allow for comments from interested persons when the Department has not taken independent action to extend the time period . Also, the Board believes it is reasonably necessary to allow 30 days rather than 15 where federal regulations require it .

4 . Concerned persons may submit their data, views or arguments, either orally or in writing, at the hearing. Written data, views or arguments may also be submitted to the Board Secretary at Board of Environmental Review, 1520 E . Sixth Avenue, P.O. Box 200901, Helena, Montana, 59620-0901 ; faxed to (406) 444-4386 ; or emailed to berCmt .gov, no later than 5 :00 p .m., October 10, 2005 . 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 .
15-8/11/05 MAR Notice No . 17-228-1478-

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 and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding : air quality ; hazardous waste/waste oil ; asbestos control ; water/wastewater treatment plant operator certification ; solid waste ; junk vehicles ; infectious waste ; public water supplies ; public sewage systems regulation; hard rock (metal) mine reclamation ; major facility siting ; opencut mine reclamation ; strip mine reclamation ; subdivisions ; renewable energy grants/loans ; wastewater treatment or safe drinking water revolving grants and loans ; water quality ; CECRA; underground/ above ground storage tanks ; MEPA; or general procedural rules other than MEPA. Such written request may be mailed or delivered to the Board Secretary at Board of Environmental Review, 1520 E . Sixth Ave ., P .O. Box 200901, Helena, Montana 59620-0901 ; faxed to (406) 444- 4386 ; emailed to berCmt .gov ; or may be made by completing a request form at any rules hearing held by the Board . 7 . The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled . Reviewed by : BOARD OF ENVIRONMENTAL REVIEW

David M

. Rusoff BY : Joseph W . Russell DAVID M

. RUSOFF JOSEPH W . RUSSELL, M

.P .H ., Rule Reviewer Chairman Certified to the Secretary of State August 1, 2005
.

MAR Notice No . 17-228 15-8/11/05

# 3

### PUBLIC NOTICE ARM 5416-027 1) On October 3, 2005, at 1 :30p.m ., a public hearing will be held before Katherine Orr, presiding officer appointed by the Board of Environmental Review, in Room111 of the Metcalf Building, 1520 East 6`h Ave., Helena, Montana, to consider the amendment of ARM 17.8.759, pertaining to reviewofair quality permit applications. 2) Pursuant to House Bill 581, enacted by the 2005 Montana Legislature, the proposed rule changes would provide a period of 15 days in which the public may submit comments on certain draft air quality permits. The amendments would also provide the basis upon which the Department of Environmental Quality may extend, by 15 days, this comment period and the period for notifying an applicant of the Department's final decision on approval or denial of a permit application. , 3) The Board will be accepting public comment regarding the incorporation of the proposed amendments into the existing Montana administrative rules and on the inclusion of the proposed amendments into Montana's State Implementation Plan. 4) The proposed amendments to Montana's air quality rules could affect all parties required to obtain a Montana Air Quality Permit fromthe Department of Environmental Quality under the air quality rules. 5) Interested parties may reviewa copy of the proposed amendments on the Internet at <http://www

.deq.state.mt .us/dir/legal/hearina.asp> or at the following locations: a) Montana Department ofEnvironmental Quality Air Resources Management Bureau MetcalfBuilding 1520 E. Sixth Ave. Helena, Montana 59620-0901 b) MontanaDepartment of Environmental Quality Airport Industrial Park IP-9, 1371 Rimtop Drive Billings, Montana 59105-1978 c) Missoula City-County Health Department 301 West Alder Missoula, Montana 59802 d) Cascade City-County Health Department 115 4th Street South Great Falls, Montana 59401 e) Custer County Sanitarian Custer County Courthouse

### 1010 Main Street Miles City, Montana 59301 6) The Department will make reasonable accommodations for persons with disabilities who wish to participate in this hearing or need an alternative accessible format of this notice. Please contact the Board Secretary at (406) 444-2544, or email ber ,mt .aov, no later than 5 p.m

., September23, 2005, to advise us of the accommodation needed. 7) Interested parties may submit their data, views, or arguments concerning the proposed amendments either in writing, or orally at the hearing . Written data, views or arguments may also be submitted to Board Secretary, Board of Environmental Review, 1520 E. Sixth Avenue, P.O

. Box 200901, Helena, Montana, 59620-0901 ; faxed to (406) 444- 4386; or submitted electronically via email addressed to ber(u~mt .gov, no later than 5:00 p.m ., October 10, 2005. To be guaranteed consideration, written comments must be postmarked on or before that date.P. 1 COMMUNICATION RESULT REPORT ( AUG .22 .2005 8 :45AM ) * FAX HEADER : DEQ/PCD/AWMB TRANSMITTED/STORED : AUG.22.2005 8 :44AM 'ILE MODE OPTION ADDRESS RESULT PAGE --------------------------------------------------------------------------------------------------- 454 MEMORY TX 11505141814066571345 OK 3/3

------------------------------------=--------------------------------------------------------------- REASON FOR ERROR

E - 1 ) H AN a Up OR LINE FAIL E-2 ) BUSY E - 3 ) N O A N SW E R E-4 ) N O FACSIMILE CONNECTION

]P-C)- Sox 200901 FTefana, M2' 596Z0-090I FAX 'I'R.A.NSNU'XT.AJ . (406) 657--x34S (406) 444-2544 www .Heq_mt'_Sow
August 22, 2005 Billings Gazette Classified Ads 401 N

. Broadway Billings, MT 59107-6300 E-mail : Iegals@billingsgazette.coxn RF . : PiTBL1C 1'qOTICE FOR Y . .ECAT

. AD''VMR'I`YSENYFN'S (ARM

5016-027) Message: Please publish the enclosed document in the legal section ofyour newspaper on Sunday, August 2$, 2005 . Return

. the original af£xdaw'i,t of Publication and a copy of the billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generaIly.

Montana Department of Environmental Quality ,P~az Resovrces Management Bureau P .O . Box 200901 1-Telena, MT 59620-0901 If you have any questiozzs regarding tYhis notice, please call me at (406) 444-97'41 . I will also e-mall the public notice to youSincerely, _Tan Brown Air Quality Specialist Air Resources Management Bureau Montana Department ofEnvironxnezetal Quality E-mail_janbrotivrn@ .nzt .gov Enclosure

E8S07`OCMCLLDGI " lRldn - Permlee.na .4 Cemplcanee Divi~ien " PSnnning, Prerentian 8 Aasiacaneo D :vcacon " Ii .amedfatcon bcr"y(o~P .O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www .deq .mt .gov 

### FAXTRANSMITTAL (406) 657-1345 August 22, 2005 Billings Gazette Classified Ads 401 N . Broadway Billings, MT 59107-6300 E-mail : legals@billingsgazette.com RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5016-027) Message: Please publish the enclosed document in the legal section ofyour newspaper on Sunday, August 28, 2005. Return the original affidavit ofpublication and a copy of the billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generally.

Montana Department ofEnvironmental Quality Air Resources Management Bureau P .O . Box 200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at (406) 444-9741 . 1 will also e-mail the public notice to you . Sincerely,

Jan Brown Air Quality Specialist Air Resources Management Bureau Montana Department ofEnvironmental Quality E-mail :janbrown@mt .gov Enclosure

Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP. 1 COMMUNICATION RESULT REPORT ( AUG-22 .2005 8 :47AM ) * FAX HEADER : DEQ/PCD/AWMB TRANSMITTED/STORED : AUG.22.2005 8 :46AM ~ILE MODE OPTION ADDRESS RESULT PAGE -------------------------------------------- 455 MEMORY TX 11505141814067911436 OK 3/3

---------------------------------------------------------------------------------------------------- REASON FOR ERROR

E- 1 ) HANG3 U P OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION

' --i Mamtaixa~

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August 2°2, 2005 

## NTAIL of

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. MT 59620-0901 FAX TI2-4.NSM[TTQ T . (406) 791-1436

Great ]Falls Tribune ClassiEed Ads 205 River Dr_ So. ~`rreat Falls, M'Z' 59403 D-nzaak

: pbastaQgreatfal .gaal)a.ett .com BrianSchweiizer,Governor (4045) 444- .2544 " www .ri~c~_mt .gov

RE: PTTBLIC NOTxCE FORT.EGA~ ?~D'4T1;+ I2TxSEiV .IE1VT (A,atM

So16-o28) Message: Please publish the enclosed doctunent in the legal section ofyour newspaper Oil Sunday, A

.ugust 28, 2005. I2etcaz-u the original affidavit of publication and a copy ofthe billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Envirozuneatal Quality generally
. Montana I7epartrnent of Envizozm .ez] .tal Quality .Air Resources Management Bureau I'-0_ B0x 200901 Helena, MT 59620-0901 ' If you bave anyquestions regarding this notice, please call x11e at (406) 444-9741_ I will also o-n

.ma.il the public notice to you. Sincerely,,

Tan Drown

. Air Quality Specialist .Air I2.esourees Management Bureau Montana Department of EnviroYlrnental Quality E-mail : Janbiotivn@lnt .gov Enclosure

1E:+ .~or~e, .,ane D

;via :oa - 7P'crrustein~ St Con+pLianee Divtgion " Pl " naLary, Prevaneioa ee a?S9LS~a7~ce Ah'Fstoa " lte~nodiaclon DFvtsionP .O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

### FAXTRANSMITTAL (406) 791-1436 August 22, 2005 Great Falls Tribune Classified Ads 205 River Dr . So. Great Falls, MT 59403 E-mail : pbasta@greatfal .gannett .com RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5016-028) www .deq .mt .gov



### Message: Please publish the enclosed document in the legal section ofyour newspaper on Sunday, August 28, 2005. Return the original affidavit ofpublication and a copy of the billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generally.

Montana Department ofEnvironmental Quality Air Resources Management Bureau P .O . Box 200901 Helena, MT 59620-0901 ' Ifyou have any questions regarding this notice, please call me at (406) 444-9741 . I will also e-mail the public notice to you. Sincerely,

Jan Brown Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail :janbrown@mt .gov Enclosure

Enforcement Division " Permitting &Compliance Division " Planning, Prevention & Assistance Division - Remediation DivisionP, 1 COMMUNICATION RESULT REPORT ( AUG-22.2005 8 :48AM ) FAX HEADER : DEQ/PCD/AWMB TRANSMITTED/STORED : AUG.22 .2005 8 :47AM " ILE MODE OPTION ADDRESS RESULT PAGE ------------------------------------------------ 456 MEMORY TX 1150514184474052 OK 3/3

---------------------------------------------------------------------------------------------------- REASON FOR ERROR

E - 1 ) H A N G U P OR LINE FAIL E : 2) BUSY E - 3 ) N O AN SWER E 4) N O F A CSI M ILE CO

NN ECTION

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# --VMorntarna. Departrnent



## , O'' MCENTAXP, .O_ ~a~ 20090x

August 2 8, 2005 of
Fielens, MT 59620-0901

4 4 F'A~Y TRANSMITTAL

47- 052

Helena Classified Ads 317 Cruse E-mail- bev-allison(c

_ D helenair-com ja n

Independent Record Ave . Helena, MT 59604 m1a Sc6weaiYzex ; Governor 0 " (4 6) 444-2544 " www_deq .mt_gov

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### ( 5 ) 1~E_ USLICNOTICE FORLEGAI . AI7~ .ERTISFIVIFIVT a.RM 

### o16-ozs Message: Please enclosed ofyour newspaper on 28, of h billing the request Department publish the docu .tnezit in the legal section Sunday, August 2005_ Return the original affidavit ofpublication and a copy t e address below_ This statement to is in addition to any regular mailing . of bitllazzg statements to the Montana of Environmental Quality generally . Air Management e MontaYZa Jaeparte-uent afEnvironmentaY Quality ].2.esources Bureau P .O . Box 200901 Hel na, MT 59620-0901 have call me ) will e-mail If you any questions regarding this notice, please at (406 444-974 .1 . I also the public notice to you.

Jan :Brow= Air Quality Specialist of E-mail : Air Resources Management $tueau Montana L7epa .riznent E~avisonmental Quality janbrown - t_gov Enclosure

R Enloreemoaa Division " PermCiiinA ~ Campl ;anco D:vs:ea - Plsna.ny, Rr=+~" ntAoa dt Assistau¢¢ Division - em¢dintion DivisionP .O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

### FAXTRANSMITTAL 447-4052 August 28, 2005 Helena Independent Record Classified Ads 317 Cruse Ave. Helena, MT 59604 E-mail : bev.allison@helenair .com RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5016-029) www .deq .mt .gov



### Message: Please publish the enclosed document in the legal section ofyour newspaper on Sunday, August 28, 2005. Return the original affidavit of publication and a copy ofthe billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generally.

Montana Department ofEnvironmental Quality Air Resources Management Bureau P.O . Box 200901 Helena, MT 59620-0901 Ifyou have anyquestions regarding this notice, please call me at (406) 444-9741 . I will also e-mail the public notice to you. Sincerely,

Jan Brown Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail :janbrown@mt .gov Enclosure

Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP. 1 COMMUNICATION RESULT REPORT ( AUG.22 .2005 8 :50AM ) FAX HEADER : DEQ/PCD/AWMB ,TRANSMITTED/STORED : AUG-22 .2005 8 :48AM ILE MODE OPTION ADDRESS RESULT PAGE ------- ------------ 457 MEMORY TX 11505141814062346687 OK 3/3

REASON FOR ERROR

E - 1 ) HAN (3 Up OR LINE FAIL E-2 ) BUSY E-9) NO ANSWER E-4) NO FACSIMILE CONNECTION

E' .00 . Sox 200901
August 22, 2005 Heiexra, IriT 59620-0901 FA-~< TRA1V'S1v1rYZ"I'AL (406) 234-6657

Miles City Star Classified Ads 7, 3 No

. 6"' Miles City, M"I" 5930]
. E-zxxaiZ: rnilestar@drivers_com (406) 444-2S.44 - www_doq_zrxf .fi,ov

I2E: P"-CTBY.1C N'U'Y'ZCE FO12 . LEGAL ADVERTISEMENT (A-2.1V1 5016-030) Messago: please publish the enclosed document in the legal section ofyour newspaper on 1vXonday, .August 29, 2005. Return the original affidavit of publication and a copy of the billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generally . Montana Department ofEnv4ronmental Quality Air Resources Management Bureau 1"_0_ Box 200901 Helena, MT 59620-0901 Ifyou have anyquestions regarding tbis notice, please call xne at (406) 444-9741
_ T will also e-mail the public notice to you. Sincerely, J,6i Brown Air Quality Specialist Air Resources Management :Bureau Montao

.a Department of Environmental Quality E-zna%1_ iarlbrown(}iit
. gov :Enclosure

Ealor¢¢monc Disision " PermitcFnA B " Compl :ance DFs"FsFon " Planniny+, )PrevenelOn $~ ASSSSfanCe bivyyion - X2<mcd.iwtAnn bis " ixionP.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 - 

### FAXTRANSMITTAL (406) 234-6687 August 22, 2005 Miles City Star Classified Ads 13 No. 6" Miles City, MT 59301 E-mail : milestar@midrivers .com RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5016-030) www .deq .mt .gov



### Message: Please publish the enclosed document in the legal section ofyour newspaper on Monday, August 29, 2005. Return the original affidavit ofpublication and a copy of the billing statement to the address below . This request is in addition to anyregular mailing of billing statements to the Montana Department of Environmental Quality generally.

Montana Department of Environmental Quality Air Resources Management Bureau P.O . Box 200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at (406) 444-9741 . I will also e-mail the public notice to you. Sincerely,

Jan Brown Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail :janbrown@mt .gov Enclosure

Enforcement Division " Permitting & Compliance Division - Planning, Prevention &Assistance Division - Remediation DivisionCOMMUNICATION RESULT REPORT ( AUG.22 .2005 8 :51AM ) P. 1 FAX HEADER : DEQ/PCD/AWMB TRANSMITTED/STORED : AUG.22.2005 8 :49AM 7ILE MODE OPTION ADDRESS RESULT PAGE --- ---------------------------------------------------------------------- 458 MEMORY TX 11505141814065235221 OK 3/3

----------------------------------------------------------------------------------------------------

REASON FOR ERROR

E - 1 ) H A N q U P OR LIN E F A IL E- 2 ) BUS Y E - 3 ) NO, A N S W E R E- 4 ) NO F ACS IM ILE CO NN ECTI ON

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2' .O . ]Box 200901 - Weaex,a, Nx'x` 59G20-090x



### FAXTPLANSlvnTTAL (406) 523-5221 August 22.2005 The NIissoulian Classfr

.~ted Ads 500So_ Higgins Mi ssoula, MT 59807 E-mail : legals~,~a7}nissoulian .com Brian Sc?Aweitzer, Governor (406) 44.4-254rt

RE . : PUSLIC 1~70'x'~CE 1FOR LEGA .L AD"V'ERTTSEMI~NT (A~RM

5016-031) www : d4sq,xnt_LZow

Message_ Please publish the enclosed document in the legal section ofyour newspaper on Sunday,l?,ugust 28,200 :5- Return the original affidavit ofpublication and a copy ofthe billing statement to the address below . Tlzis request is in addition to any ragular xzxailizxg of billing statements to the Montana . Department of Environmental Quality generally. Montana Department of Environmental Quality Air Resources Management Bureau P.O . Bo :~ 200901 I-lelena, MT 59620-0901 If you have any duestions regarding this notice, please call me at (9,06) 444-9741 . I will also e-mail the public notice to you. Sincerely,

Jan Brown, Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail : janbrown a,nt .gov Enclosure

FIP.COF¢¢AA¢rtkAiIVAblOIA - )P¢~r,aitei.ng St CompAar.ce pivisFOn~ - R1as.aAr .q, Rxe'vrzn~AorA ~c Assisv.q,ce 7DA'vS, .cfoq - ~LexaadF>LGJa Dirs .oaP.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 - www .deq .mt .gov 

### FAXTRANSMITTAL (406) 523-5221 August 22, 2005 The Missoulian Classified Ads 500 So. Higgins Missoula, MT 59807 E-mail : legals@missoulian.com RE: PUBLIC NOTICE FORLEGAL ADVERTISEMENT (ARM 5016-031) Message: Please publish the enclosed document in the legal section ofyour newspaper on Sunday, August 28, 2005. Return the original affidavit ofpublication and a copy of the billing statement to the address below . This request is in addition to any regular mailing of billing statements to the Montana Department of Environmental Quality generally.

Montana Department ofEnvironmental Quality Air Resources Management Bureau P.O . Box 200901 Helena, MT 59620-0901 Ifyou have any questions regarding this notice, please call me at (406) 444-9741
. I will also e-mail the public notice to you. Sincerely,

Jan Brown Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail :janbrown@mt .gov Enclosure

Enforcement Division " Permitting &Compliance Division - Planning, Prevention &Assistance Division " Remediation Division

# 5Ad Number: 2843396
PUBLIC NOTICE ARM 5016-027 1) On October 3, 2005, at 1 :30 p.m ., a public hearing will be held before Katherine Orr, presiding officer appointed by the Board of Environmental Review, In Room 111 of the Metcalf Building, 1520 East 6thAve., Helena, Montana, to consider the amendment of ARM 17.8.759, pertaining to reviewof air quality permit applications. 2) Pursuant to House Bill 581, enacted by the 2005 Montana Legislature, the proposed rule changes would provide a period of 15 days in which the public may submit comments on certain draftair quality permits. The amendments would also provide the basis upon which the Department of Environmental

~ . . ., Quality may extend, by 95 lays, this comment period ind the periodfor notifying an applicant of the Department's final decision on approval or denial ofa permit application. 31 The Board will be acceptIng public comment regardIng the incorporation of the proposed amendments Into the existing Montana administrative rules and on the Inclusion of the proposed amendments Into Montana's State Implementation Plan. 4) The proposed amendments toMontana's air qualIty rules couldaffect all parties required to obtain a Montana Air Quality Permit fromthe Department of Environmental Quality under theair quality rules. 5) Interested parties may reviewa copy of the proposed amendments on the Internet at httn~//www den state mt_us/dlr/leaal/ h ng naen or at the following locations: al Montana Department of Environmental Quality Air Resources Management Bureau Metcalf Building 1520 E. Sixth Ave. Helena, Montana 59620-0901 b) Montana Department of Environmental Quality Airport Industrial Park IP-9, 1371 Rimtop Drive Billings, Montana 59105-1978 cl Mlssoula City-County Health Department 301 WestAlder Missoula, Montana 59802 d) Cascade City-County Health Department '154th Street South reat Falls, Montana 59401 e1 Custer CountySanitarian Custer County Courthouse 1010 Main Street Mlles City, Montana 59301 

## ***** AFFIDAVIT OF PUBLICATION The BILLINGS GAZETTE ***** 401 N . 28th Billings, IVIT 59101 

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

# ECEIVI AUG 3 1 2005 MT Dept
. Environmental Quality Permitting &Compliance Divison A1rResources Management Bureau 

# Tammy Haar

, being first duly sworn, deposes and says: That she is the principal clerk of The Billings Gazette, a newspaper of general circulation published daily in the City of Billings, in the County of Yellowstone, State of Montana, and has charge of the Advertisements thereof. That the: !S Po`,t Tegal regarding: ARM 5016-027 a true copy of which is hereto annexed, was published in said newspaper on thefollowing d~atqs:via:

t7.g OS Making all ` publication(s) M belowif certificatation for the State of Montana. I hereby certify that I have read sec. 18-7-204 and 18-7-205, MCA, and sdbsequent revisions, and declare that the price or rate charged the State of Montana for the publication for which claimis made in the attached papers in eift-amount of $ 47.75 is not in excess of the minimumrate charged any other advertiser for publication of advertisement, set in the same size type and published for the same number of insertions. I further certify that this claimis correct andjust in all respects, and that payment or credit has not been received.
STATE OV-WISLNTANA County of Yellowstone On this day of Aug 29, 2005, before me, the undersifPaftW"ri"'Wa1or the State of Montana, personally appeared known to me to be the person whose name is subscribed to the within instrument 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 firsVabove written.


## Karen M . 'Vaughan

Page 1***** 

## ***** AFFIDAVIT OF PUBLICATION The BILLINGS GAZETTE

61 The Department will make reasonable accommodations for persons with disabilities whoWish to participate in this hearing or need an alternative accessible format of this notice. Please contact the Board Secretary at (406) 444-2544, or emall bpr&i!mt cloy , no later than 5 p.m

., September 23, 2005, to advise us of the accommodation needed. 7) Interested parties may submit their data, views, or arguments concerning the proposed amendments either In writing, or orally at the hearing. Written data, views or arguments may also be submitted to Board Secretary, Board of Environmental Review, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana, 59620- 0901 ; faxed to (406) 444- 4386 ; or submitted electronIcally via emall addressed to bPr&tmt any , no later than 5:00 p.m

., October 10, 2005

. To be guaranteed consideration, written comments must be postmarked on or before that date. 8-28-05 

## 401 N . 28th Billings, MT 59101 

## Phone: (406) 657-1212 Fax: (406) 657-1345person whose name is subscribed to the within instrument and acknowledged to me '~`mental~ Qu~litv,:±6hdgr the r;,1520f . E.~,~/Slxtl~ Avenue, - ,, that she executed the same. air quality roles. ~ :;~-, ~ . P

;o:- .-soxa 2oo9or; . Helena, llfiterestEdt~ t' s .~ d a

4 .^ . G'_7 N ..t w

AFFIDAVIT OF PUBLICATION THE GREAT FALLS TRIBUNE 205 RIVER DRS GREAT FALLS, MT 59405 Phone: (406) 791-1444 To:! Free (800

; 43&-6600 Janel Brandon, 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. . . . . PUBLIC NOTICE - ARM - 5016-028
Has been correctly published ONE time in the regular and entire issue of said paper on the following dates: AUGUST 28T" 2005

(STATE OF MONTANA County of Cascade

n ; t~r° .q(,i ;pqrties ;r,dqqi0ed-Sto~ob- .: ~rSIe4Y~~d~`~~rg~ . 'rriepts~ may On this 29 of AUGUST 2005, before me the undersigned, a Notary Public of toin _a' .MohtancyAJr Quail-, ., ; dlso : .be . 4ubmlttell' _to ' the State of Montana, personally appeared Janel Brandon, known to me to be the,~ part"~~entir~'~olA~~ Envirnn ' 'o °° Ehv rbd~mental'~Fi~vard

e~ In witness whereof, I have hereunto set my hand and and year first above written. Terri E VanLieshout Print Name , . par res ,(y1,orqtanq,-
.;p ; .59620x0901 ; may te41ew~ a cop~%"of the: ~. " ~;fazed~ to ~'W) °444=4386; or affixed m Notarial Seal the da ``PinT~rn mea~,~~'nrt on

. s,ub~mifted : e~ectronica(ly Y y -the htp~~r t.4Fd . erljailr :#ddFessed y ..www .dea statet~ ~idi , he'r®mt.go~ ~,,nor later . than ~°leaal/heanna d~S-`q~ :p t- ~.5;00 ,p.m

:,11October 1;0

.. .the..following,'locations : 3 " ( 2005 . . To- be guaranteed `consideration, written , comments must be post- marked on or before that date. - (167208) 8/28
. EnviPoHrneritahQuality~ a1'`°'~ 'INbntdna

~. . DepartmenT .of"
! MOIIaa(i1TC~YTr Ri Wun, ~ Air Resources PUBLIC : .ARM

501Q-028 E;;';=~,'t'-/ ''a'aMr~O~ErSi~1'h A e i v ~fiq~: p~m

October pubfic~h d

t . ~3t "2¢049bMOhTa~na ~'-Y-hg :~will' be : held- before b)~ MontaRo ;. Katherine Oi~~, presiding, ; f:~. ;~Dep~Ffiperit ofl . -'r; officer 'appointed

. by the Envfronmenta4 Quality; ; "eBOqT!d~`pf

; ; ~nVfronmentllI I~~h=,~AiFport`iridustr.ial Parl6 Review, In Room 111 of . Ip.-9, .1,371 Rimtop Drive' ,the Metcalf Building, 1520 'I~ B(Illrigs;`,~tAontana :; East 61h Ave:,. _Heleha .. , ., 59105-1978
_ t-- "- !Mbr~taira; -fo consider the am~hdment ; of ARM

_ Couht Health , ~7 .A.759,, pertaining to Ye- r°De ay` -,~~" ew of air quality ~ "W~ment~~

perm it .h ~ . _ .,v
- J ;301 est Alder , tabplications. " " -°zA t, -, ;YyfMissouIp; ;MohtarfaF59802 v2)T Pursuant to House I d)' - Cne~nrta r~T, ._ :

' 2005 Montana Legisi6t6ii . 'f,the'pr,op6sed rule changes ;woyld_,proviWbLc

de,a pert-ad'

~`f `~ri>3 `xn( BbOtirtitt~d de in `draff nr~%FjbiSFi- ty- permlis: .The 'amendme would'also provide "fhe `fia5is''up3ti"`tvfiFch"ihe : Department ~W, EnvfP feed! , Qual(ty
. .maY- ex- ¢end~; ,'~l'Y'%15 ;,daYs ; :' .this - Cust~r C~unfv" aqmrarian" . ~, Cr7ste8 Countv'v~r'y~+: .°.Cour, thrn~c~.~s~ I-'1u10"Main Sfrebt 9 tles r~)fv,,~! nta q .~t ~"_o s The ' ~)~T ,Qgpq~trner~t w411 ~ake ftea,5ondbYe.-pccor'si- otnmerit -period! and-'tfie , period for rroftfying aniqtr plicant of the D t

s cep In Bg pu I~c Comment 421 25 B rd: S4a~
- :.at (40¢) o,~~`?sdFdi~~~ahrigbrpora-'- 44 ; . , 11!, F3bk~~.' . 'emgil fidnk' " tif .t,ti , pYqposed- ber®m .f .gov; po; later, than amend ' ts- ' liito ,.-- "the .I 4 "g 4p;mi~;S'eptertber 23, ontopa, admlrt. .~ .?~0p5 -tp,=advise,~s of tFje isfrdtive r-les-qnd on The . ),Pa~ o~t OZiatl' ~h ; epa~ - ment's' :finaj : "decIsion ;Qn'. to. pq~tlcip,qte in -fhis., hear- approval : ~ o~of3 Ii~ig;orineed :6~r"c~'Ife'rriatiGe It'~~3 t~h~ B'o'bd'~r~dlwill~deniat :

'be 'ca

- I accgssikle _fo r~rq ~ this 41 noti~e;-i plea$~"ed~fact the

G r o . inclusion of the proposed ' needed. ,7),"
. . -Infeprested.' - garties qmendments fnto Montdn- . .tqm4-y~tsu,b_ F,t °~+theiC :datb, as 5tatg°,Impl~mentatf,dM-.f views~as-y uments o

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^ W >n~ C YC: L Q O CZ U a5 E o~ U "J N ,s -CPuattc rroncE ARM 5018 .030,, 1)_ Dd"boto6si"8'°~bpg''_;' MT Dept . Environmental Quality Permitting & Compliance Divison 7-'r) Resources Management Bureau ntana Department of irironmetjtatQiiatity ~ ' P.m ., a Public headn ac 1 :30- before 9will be held i Kaiherine Orr, presiding officer eppointed by-ffie :eoard of i Environmental Review, in Room ; 1~j of the Metcalf Building, 1520 I Easf8thAve., Helena, Montana, to I consider ~t the amendment of_ARM Pertaining to review of ' ai~quality Permit application. .

- :2j, Rursuattl

. .tclcHaus

..~ Bili,5~, -enact py the 2005 Montai9b Legislature, the proposed`rule ; changes would providea of Period 75 days in which the public may -submB comments on certairrdraft- air quality permits

. 't'he amend- ments would also provide the basis upon which the Department of Environmental Qtuality may extend, by 15 days, this comment period and the period for notifying an apPlicant of the 1)apartme t's ' f~nal declslon onapproval ordenial of a Permit application

. 3) The Board will be accepting " public 'comment , ;regarding .the r ~ incorporation ',of -the proposed 4c'~ amendments into the existing ~, ' Montana adminisirative _rules arid ' on, the incluslon of the proposed --amendments into Montana's State i nplementation Pfan

. - 4),,The proposed arryen1dments to Montana's air quality rules could , affect all parqes'req4'(red to'obfain a MontanaAir Quatity Permit'from ;'I'd Department of Environmental ' Qttality under the ainqu4ii~,,tiles

. : Sj Interestedparties °'-a

may reviewa -copy of the proposed mend- ~ I m~e,,n_ts on the fnterpe) .el j°' °` S /~1ID ~

ea.c tate :m~~ > or-at.th e.following . , i locations: Air Resources " Management Bureau Metcalf Building 1520 E. Sixth Ave

. y-,rHelena, Montana ;'k~sy6

~~ 20-0907

. . : , = Montana Depanment of Erivironmentat Quality

Airport Industrial Park iP-9, 1371 Rimtop Drive ' Billings, Montana -, 59105-197g lvli,, ;soua City-County Health ' Department
-- _.301 WestAid,,

Missoula, Montana; 59802 , Cascade City-County Health . . Department , . ,

, 115 41h Street southa g -Falls reat M

. . na59401" i "star CouVy Sanitarian

a,, uster CouOty

. .; : Cotirthouse ~'' 1010 Main Street : . Miles City,~rti(oritana 59301, " - >6)e ;A' :'K ~~ttmenlr.k%ilL. .rea.;~

make : Boiiahlc ., I

~~r~s ror per- " `si4rts with disabilities

=.who wish,.to I ., "'Participate imtHts

;t~eaiirig o%rieed i~ an. altemativa:aoda~sit;lb forinat .df j ~th(s'notice

. Please contact ~e i 7 B card Secretary at (406) .444 . Y `2544, or email .latsr than 5 p.m 3 I " ., Se tern ',f- ',~20p5, to advise us of the accom- rriodation needed.~ I

o e Pr Posed aritend- ~m~nts elther ln writing, dr~,o',e~~t I th9haarin9"~ Writtendata,>i~jewe qr ~drguments may also bB s ~ ' ¬ med -! Baatd , ;r~c'rataifr :,gQa~tria.i . ~Eit"4ironntentat' Revia ~Sf>stli'A4anue~ P,O

. Bo ~faxQed to tana,~~59~20-q901

(40 6) 444-4386;-or~sqb- - . ' mlhed electronically 'efnallr` ~' addressed to¢g aov, ~ .+ater ihan 5 :00 p.m ., Q~ober" 1o,`20p5

.'- ' ~ `T9 be guaranteed consideration, -, -~ ' wdtten comments must ba" post=`, + marked-on or before, that date - (Pub

.August 29, 2005) ~7j,plnterested:~p$dies may,~yh .~iheir data, views, or arguments r, `conceming th 

## Affidavit of Publication STATE OF MONTANA CountyofCuster } ss. Jan Dawson, being duly sworn on her oath, says that she is and during the time hereinafter mentioned, has been the principal clerk of the printer of the MILES CITY STAR, a daily newspaper of general circulation, printed and published at Miles City, in said County and State
. That the Public Notice ARM 5016-030, a printed and true copy of which, cut from the columns of said newspaper, is hereto attached, and made a part hereof, was printed and published in said newspaper, in the regular and entire issue of every number of the paper during the period and time of publication, on the following dates, to-wit : August 29, 2005, 1

Signed C .7~-~ ` -- Subscribed and sworn to before me this 2, day of
Daniel S. Hance, Notary Public for the state of Montana residing at Miles City, My Commission Expires November 12, 2005.

## * Proof of Publication* * * Missoulian Classified Put us to work for you 500South Higgins Avenue Missoula, MT 59801 Phone: (406) 721-6200 Toll Free: 1-800-332-6212

Fax: (406) 523-5221 Email : classifiedCmissoulian .com b11tVIRST DULY SWORN DEPOSES AND SAYS, THAT THE ABOVE NAMED IS A REPRESENTATIVE OF THE MISSOULIAN, THE PUBLISHERS OF THE MISSOULIAN, 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 OPY OF WHICH AS PRINTED IS HERETOATTACHED, WAS PRINTED AND PUBLISHED INTHE REGULAR AND ENTIRE ISSUE OF SAID ;W~0,0:5 .

AD NUMBER: 2680198 STATE OF MONTANA PUBLIC NOTICE ARM 5016-031 1) ON OCTOBER 3, 2(H)5, AT 1 :30 P.M

., A PUBLIC HEARING WILL BE HELD BEFORE KATHERINE ORR, '--RESIDING OFFICER APOINTED BY THE BOARD )F ENVIRONMENTAL REVIEW, IN ROOM 111 OF THE METCALF BUILDING, 1520 EAST 6TH AVE ., HELENA, MONTANA, TO CONSIDER THE AMENDMENT OF ARM 17 .8.759, PERTAINING TO REVIEW OF AIR QUALITY PERMIT APPLICATIONS

. 2) PURSUANT TO HOUSE BILL 581, ENACTED BY THE 2005 MONTANA LEGISLATURE, THE PROPOSED RULE CHANGES WOULD PROVIDE A PERIOD OF 15 DAYS IN WHICH THE PUBLIC MAY SUBMIT COMMENTS ON CERTAIN DRAFT AIR QUALITY PERMITS. THE AMENDMENTS WOULD ALSO PROVIDE THE BASIS UPON WHICH THE DEPARTMENT OF ENVIRONMENTAL QUALITY MAY EXTEND, BY 15 DAYS, THIS COMMENT PERIOD AND THE PERIOD FOR NOTIFYING AN APPLICANT OF THE DEPARTMENT'S FINAL DECISION ON APPROVAL OR DENIAL OF A PERMIT APPLICATION

. 3) THE BOARD WILL BE ACCEPTING PUBLIC COMMENT REGARDING THE INCORPORATION OF THE PROPOSED AMENDMENTS INTO THE EXISTINd MONTANA ADMINISTRATIVE RULES AND ON THE INCLUSION OF THE PROPOSED AMENDMENTS INTO MONTANA'S STATE IMPLEMENTATION PLAN. 4) THE P R OP OSED AMENDMENTS TO MONTANA'S AIR QUALITY RULES COULD AFFECT ALL PARTIES REQUIRED TO IBTAIN A MONTANA AIR UALITY PERMIT FROM .'HE DEPARTMENT OF ENVIRONMENTAL QUALITY UNDER THE AIR QUALITY RULES . 5) INTERESTED PARTIES COUNTY OF MISSOULA

SAID STATE, PERSONALLY APP ON SEP 1, 2005, BEFORE ME, A AND FOR WN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME.

NOTARY PUBLIC FORTHE STATE OF MONTANA RESIDING AT MISSOULA, MONTANA , : , I MY COMMISSION EXPIRES: Kalena J. VanLeuven PRINTED NAME 

# 1-8*** 

## PROOF OF PUBLICATION* * * 

## MISSOULIAN CLASSIFIED PUT US TOWORKFOR YOU

MAY REVIEW A COPY OF THE PROPOSED AMENDMENTS ON THE INTERNET A T < < H T T P : / / W W W .DEQ.STATE .MT. U S/DIR/ LEGAL/HEARING.ASP» OR AT THE FOLLOWING LOCATIONS: A) MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AIR RESOURCES MANAGEMENT BUREAU METCALF BUILDING 1520 E . SIXTHAVE, HELENA, MONTANA 59620-09(11 B) MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AIRPORT INDUSTRIAL PARK IP-9, 1371 RIMTOPDRIVE BILLINGS, MONTANA 59I05-197R C) MISSOULA CITYCOUNTY HEALTH DEPARTMENT 301 WEST ALDER MISSOULA, MONTANA 59802 D) CASCADE CITYCOUNTY HEALTH DEPARTMENT 1 15 4TH STREET SOUTH GREAT FALLS, MONTANA 59401 E) CUSTER COUNTY SANITARIAN CUSTER COUNTY COURTHOUSE I(11(1 MAIN STREET MILES CITY, MONTANA 59301 fi) THE DEPARTMENT WILL MAKE REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES WHO WISH TO PARTICIPATE IN THIS HEARING OR NEED AN ALTERNATIVE ACCESSIBLE FORMAT OF THIS NOTICE . PLEASE CONTACT THE BOARD SECRETARY AT (406) 444-2544, OR EMAIL BER@MT .GOV. NO LATER THAN 5 P.M

., SEPTEMBER 23, 2005. TO ADVISE US OF THE ACCOMMODATION NEEDED. 7) INTERESTED PARTIES MAY SUBMIT THEIR DATA, VIEWS, OR ARGUMENTS CONCERN ING THE PROPOSED AMENDMENTS EITHER IN WRITING, OR ORALLY AT THE HEARING . WRITTEN DATA, VIEWS OR ARGUMENTS MAY ALSO BE SUBMITTED TO BOARD SECRETARY, BOARD OF ENVIRONMENTAL REVIEW, 152(1 E. SIXTH AVENUE, P .O. BOX 200901, HELENA, MONTANA, 59620-Oylll ; FAXED TO (406) 444-43%6; OR SUBMITTED ELECTRONICALLY VIA EMAIL ADDRESSED TO 13ER@MT .GOV . NO LATER THAN 5:(X) P.M ., OCTOBER 10, 2005. TO BE GUARANTEED CONSIDERATION, WRITTEN COMMENTS MUST BE POSTMARKED ON OR BEFORE 500 SOUTH HIGGINS AVENUE MISSOULA, MT 59801 PHONE: (406) 721-6200 TOLL FREE: 1-800-332-6212

FAX : (406) 523-5221 EMAIL: CLASSIFIEDQMISSOULIAN .COM

## * * * PROOF OF PUBLICATION* * * MISSOULIAN CLASSIFIED PUT US TO WORK FORYOU 500 SOUTH HIGGINS AVENUE MISSOULA, MT 59801 PHONE: (406) 721-6200 TOLL FREE: 1-800-332-6212

FAX : (406) 523-5221 EMAIL: CLASSIFIEDQMISSOULIAN.COM

# 6P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www .deq .mt .gov 

### August 11, 2005

Dear Interested Party/ APCAC Member / Repository: RE: PUBLIC HEARINGS 10/3/05 - Reviewof Air Quality Permit Applications; and 10/4/05 - Permitting Requirements for Oil & Gas Well Facilities I have attached the initial notice of the public hearing on the proposed amendment ofARM

17.8.759, relating to reviewofair quality permit applications and extension of the public comment period for certain permit applications. The Montana Department of Environmental Quality will conduct apublic hearing on October 3, 2005, to receive comments regarding these proposed amendments. I have also attached the initial notice of the public hearing on the proposed amendment ofARM

17.8.743 and the proposed adoption of new rules pertaining to permitting ofoil and gas well facilities. The Montana Department of Environmental Quality will conduct a public hearing on October 4, 2005, to receive comments regarding these proposed amendments and proposed new rules. If you have questions regarding these notices, please e-mail or call me at (406) 444-9741 . Sincerely,

Air Quality Specialist AirResources Management Bureau Montana Department of Environmental Quality E-mail :janbrown@mt .gov Brown



### Enclosures

Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation Division-1476-
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA In the matter of the amendment) NOTICE OF PUBLIC HEARING ON of ARM 17 .8 .759 pertaining to ) PROPOSED AMENDMENT review of permit applications ) ) (AIR QUALITY) TO: All Concerned Persons 1 . On October 3, 2005, at 1 :30 p .m., the Board of Environmental Review will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule .

2 . The Board will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice . If you require an accommodation, contact the Board no later than, 5 :00 p .m

., September 23, 2005, to advise us of the nature of the accommodation that you need . Please contact the Board Secretary at P .O. Box 200901, Helena, Montana 59620-0901 ; phone (406) 444- 2544 ; fax (406) 444-4386 ; or email ber@mt .gov . 3 . The rule proposed to be amended provides as follows ; stricken matter interlined, new matter underlined : 17 .8 .759 REVIEW OF PERMIT APPLICATIONS (1) through (3) remain the same . (4) After making a preliminary determination, the department shall notify those members of the public who requested such notification subsequent to the notice required by ARM 17 .8 .748 and the .applicant of the department's preliminary determination . The notice must specify that comments may be submitted on the information submitted by the applicant and on the department's preliminary determination . The notice must also specify the following :

, (a) remains the same . (b) the date by which all comments on the preliminary determination must be submitted in writing, which must be within : (i) remains the same . (ii) 15 days after the notice is mailed for all other applications , except as provided in (5) ; and " 

### (c) remains the same . (5) The department may extend by 15 days the period within which public comments may be submitted as described in (4)(b)(ii) and the date for issuing a final decision on a permit application as described in 75-2-211(9)(b), MCA, under the following conditions : (a) if the department finds that an extension would serve the public interest ; (b) upon request of the applicant or a member of the public and i f the request for an extension is submitted to the MAR Notice No . 17-228 15-8/11/05department by the date that written comments on the preliminar .~r determination originally were due ; or

(c) if the preliminary determination contains one or more requirements of 40 CFR part 63, as incorporated by reference in this chapter, that require a 30-day comment period . (6) The department shall notify the applicant of any extension requests that are granted . (5) remains the same, but is renumbered (7)
. AUTH: 75-2-111, 75-2-204, MCA IMP : 75-2-211, MCA REASON: HB 581, enacted by the 2005 Montana Legislature, requires the Board to adopt rules providing a period of 15 days in which the public may submit comments on certain draft air quality permits . The legislation also requires the Board to adopt rules providing the basis upon which the Department may extend, by 15 days, this comment period and the period for notifying an applicant of the Department's final decision on approval or denial of an application . Air quality permits can be complex documents that require considerable review to develop an understanding of the basis for and appropriateness of the conditions contained within them . In some instances, 15 days is insufficient to conduct the necessary review and provide useful comment . Because each source of air pollution, its impact and the circumstances of the affected individuals are unique, circumstances justifying an extension of time may vary widely from one situation to another . Accordingly, the Board believes that allowing an extension of time when it would serve the public interest would allow the Department to consider the unique circumstances of each situation when determining whether an extension of time is warranted . Granting an extension where an applicant or member of the public requests it in writing no later than the end of the original 15-day period would allow for comments from interested persons when the Department has not taken independent action to extend the time period . Also, the Board believes it is reasonably necessary to allow 30 days rather than 15 where federal regulations require it . 4 . Concerned persons may submit their data, views or arguments, either orally or in writing, at the hearing . Written data, views or arguments may also be submitted to the Board Secretary at Board of Environmental Review, 1520 E . Sixth Avenue, P .O. Box 200901, Helena, Montana, 59620-0901 ; faxed to (406) 444-4386 ; or emailed to ber@mt .gov, no later than 5 :00 p .m., October 10, 2005 . 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 .
15-8/11/05 MAR Notice No . 17-228-1478-

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 and mailing address of the person to receive notices and specifies that~the person wishes to receive notices regarding : air quality; hazardous waste/waste oil ; asbestos control ; water/wastewater treatment plant operator certification; solid waste ; junk vehicles ; infectious waste ; public water supplies ; public sewage systems regulation ; hard rock (metal) mine reclamation; major facility siting ; opencut mine reclamation ; strip mine reclamation ; subdivisions ; renewable energy grants/loans ; wastewater treatment or safe drinking water revolving grants and loans ; water quality; CECRA;~ underground/ above ground storage tanks ; MEPA; or general procedural rules other than MEPA. Such written request may be mailed or delivered to the Board Secretary at Board of Environmental Review, 1520 E . Sixth Ave ., P.O . Box 200901, Helena, Montana 59620-0901 ; faxed to (406) 444- 4386; emailed to berCmt .gov ; or may be made by completing a request form at any rules hearing held by the Board . 7 . The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled . Reviewed by : BOARD OF ENVIRONMENTAL REVIEW

David M

. Rusoff BY : Joseph W . Russell DAVID M

. RUSOFF JOSEPH W . RUSSELL, M

.P .H ., Rule Reviewer Chairman Certified to the Secretary of State August 1, 2005 .

MAR Notice No . 17-228 15-8/11/05

### GAIL ABERCROMBIE MONTANAPETROLEUM SOC ~ v BOX 1186 HELENA, MT 59624-1186 DONALLEN WETA 2301 COLONIAL DRSTE 2A HELENA, MT 59601 MARTIN BASTA CITY OF GT FALLS PUBLIC WORKS POBOX5021 GREAT FALLS, MT 59403-5021 RUSS BOSCHEE YELLOWSTONE COUNTY APC POBOX 35052 BILLINGS, MT 59107 JEFF BRIGGS SMURFIT-STONE CONTAINER CORP ~ BOX4707

_ aSOULA, MT 59806 LEE BRUNER POBOX 2000 BUTTE, MT 59702 DEXTER BUSBY MONTANAREFINING CO 1900 lOTHST NE GREAT FALLS, MT 59404-1955 LORICLARK FOREST SERVICE AIRQUALITY PROGRAM 

### PO BOX 7669 MISSOULA, MT 59807 DANCORTI UOF M ENVIRONMENTAL HEALTH BLDG 32 MS 9144 N U-SSOULA, MT 59812 LAURAACKERMANN DECKERCOAL COMPANY POBOX 12 DECKER, MT 59025-0012 RONANDERSON LINCOLN CTY HEALTH DEPT 418 MINERAL AVE LIBBY, MT 59923 BRAD BLACK APCAC BOARD MEMBER POBOX 1442 LIBBY, MT 59923-1442 JOAN BOWSHER CITY-COUNTY HEALTH DEPT PO BOX 1723 HELENA, MT 59624 GREG BROWN CHS INC- LAUREL REFINERY POBOX909 LAUREL, MT 59044-0909 ROBINBULLOCK ARCO 317ANACONDA ROAD BUTTE, MT 59701 JIM CARLSON MISSOULA CITY-COHEALTH
-- REPOSITORY 301 W ALDER MISSOULA, MT 59802-4123 BRIAN KCLIFTON M .S. R .S. CITY COUNTY HEALTH DEPT 115 4THST SOUTH GREAT FALLS, MT 59405 BILL COURTNEY QUANECOLLC POBOX 7370 SHERIDAN, WY 82801 JOE ALINE SHUMAKERTRUCKING PO BOX 1279 GREAT FALLS, MT 59403 TINAANDERSON DEQAIR QUALITY DIVISION 1866 SOUTHSHERIDANAVE SHERIDAN, WY 82801 TIM BLUME US ARMY ENVIRONMENTAL 729-19TH ST 4THFLRRM 427 DENVER, CO 80202-2500 CHIP BREMER CITE POBOX 12763 RTP, NC 27709 JOHN BRUEGGEMAN STATE REPRESENTATIVE 321 LAKEVIEW

DR ' POLSON, MT 59860-9317 WANDABURGET POWDER RIVERCOAL CO CALLER BOX3034 GILLETTE, WY 82717 BRUCE CLARK GENESIS INC POBOX 1660 TROY, MT 59935 DALE COCKRELL CHRISTENSEN MOORE COCKRELL PO BOX 7370 KALISPELL, MT 59904-0370 FRANK CROWLEY POWERBLOCK BLDGSTE 300 HELENA, MT 59624-1185 ,OWLEY HAUGHEY HANSON DON DAY BARB DOWSKI TOOLE ANDDIETRICH PLLP STIMSONLUMBERCO REGEH &S MANAGER QWEST POBOX 797 875 HWY2 S EH &S HELENA, MT 59624-0797 LIBBY, MT 59923 1855 S FLATIRON COURT BOULDER, CO 80301

### RALPH DRIEAR HYDROMETRICS INC 1116 HELENA FLATS RD KALISPELL, MT 59901 LINDAJ DWORAK DVM APCAC BOARDMEMBER PO BOX 1663 HAMILTON, MT 59840 L AERICKSON ASARCOTROY UNIT PO BOX 1660 TROY, MT 59935 WILLIAM

E FLYNN LUZENACAMERICA 767 OLDYELLOWSTONE TR THREE FORKS, MT 59752 PEGGY FRUIT TOWNOF BROADUS POBOX 659 BROADUS, MT 59317 ALANGLUECKERT MILES CITY LAUNDRY POBOX 1409 MILES CITY, MT 59301 ELLA GUTZKE SHERIDAN MEMORIAL HOSPITAL 440W LAUREL AVE PLENTYWOOD, MT 59254 KATHY HARRIS PE APCACBOARDMEMBER 2205 LIME KILN RD HELENA, MT 59601 LYNNHILL MSE-HKM

INC POBOX7010 SHERIDAN, WY 82801 VICDUGAN EXXONMOBIL 13501 KATY FREEWAY CORPEMCC-L3-536 HOUSTON, TX 77079 NATHAN EKLUND SUMMIT ENVIROSOLUTIONS INC 1217 BANDANA BLVD ST PAUL, MN 55108 TODD EVERTS EQC STATE CAPITAL ROOM 106
- DEADHEAD . ROBERT DFOOTE EXXONMOBIL CORP 607 EXXON RD BILLINGS, MT 59101 RONALD GENRKE BIGSKY MININGCO PO BOX97 COLSTRIP, MT 59323 ALEXANDRA GORMAN WOMEN'SVOICES FORTHE EARTH POBOX 8743 MISSOULA, MT 59807-8743 RALPH HAMLER MADISONCOUNTY PO BOX278 VIRGINIACITY, MT 59755 ANNE HEDGES MEIC PO BOX 1184 HELENA, MT 59624 DAVIDHRUBES EASTERNMONTANA POBOX 36 RICHEY, MT 59259 JOHNW DUNCAN RR#1 POBOX 33 JOPLIN, MT 59531 ELLENENGSTEDT MONTANAWOODPRODUCTS POBOX 1149 HELENA, MT 59624-1149 JAMES FLANSBURG HAYS LODGE POLE SCHOOLS BOX 110 HAYS, MT 59527 ALAN FRONBERG GLACIERENGINEERING PC 124 1ST AVE S STE 17 GREAT FALLS, MT 59401 JOHN GERHART POBOX283 BELT, MT 59412 LEIF GRIFFIN SMURFIT-STONE CONTAINER CORP POBOX 4707 MISSOULA, MT 59806 WILLIAM

HARBRECHT WESTERNENERGY COMPANY POBOX 99 COLSTRIP, MT 59323 MARTIN HESTMARK US EPA-REGIONVIII 8ENF T 999 18TH ST STE 300 DENVER, CO 80202-2405 JIM HUGHES DEQ-BILLINGS -- REPOSITORY 1371 RIMTOP DR BILLINGS, MT 59105-1978 ROSE HUGHES DIANNE HUHTANEN BRUCE JOHNSON ~, THE CONSULTING ENGINEERS ROCKY MOUNTAIN LABS SUMMIT ENVIROSOLUTION~ 36 S LAST CHANCE GUL STE A 903 S 4TH ST INC HELENA, MT 59601 HAMILTON, MT 59840 1217 BANDANA BLVD ST PAUL, MN 55108

### DALE JJOHNSON ENVIRONMENTAL HEALTH 48 RIIVIROCK RD ~,iLLINGS, MT 59106 DICKJUNTUNEN RESOURCE MGMT ASSOCIATES 259 MCCLELLAN CREEK RD CLANCY, MT 59634 JAKE KAMMERER R .S. RAVALLI COUNTY ENV HEALTH 215 S 4THST STE D HAMILTON, MT 59840 PAT KIMMET CENEX POBOX 909 LAUREL, MT 59044-0909 CHRIS KOLSTAD APCACBOARDMEMBER HC74 BOX49 L.FDGER, MT 59456 MITCHELL LEU PLUM CREEK- APCAC MEMBER PO BOX 160 COLUMBIA FALLS, MT 59912 CHERRY LONEY CASCADE COHEALTH DEPT
-- REPOSITORY 1154THSTS GREAT FALLS, MT 59401-3618 MICHAEL MACHLER APCACBOARDMEMBER 771 TOPAZ AVE BILLINGS, MT 59105 DON MAY MAXIM TECHNOLOGIES INC POBOX2730 MISSOULA, MT 59801

. NMCKENNA ETS INTERNATIONAL 1401 MUNICIPAL RD NW ROANOKE, VA 24012-1309 DEANJOHNSON APCACBOARDMEMBER BOX 131 GLENDIVE, MT 59330 MICHAEL S KAKUK KAKUK LAW

OFFICES PC PO BOX747 HELENA, MT 59624-0747 BOBKELLY INTERTEC 619 S W

HIGGINS STE S MISSOULA, MT 59803 TOM KIRCHER STILLWATER MININGCO HC54 BOX 365 NYE, MT 59061 LARRY LAKNAR BEAVERHEAD COUNTY SANITARIAN 2 S PACIFIC ST DILLON, MT 59725-2799 LIONTECHNOLOGIES INC ATTN LIBRARY POBOX 700 LAFAYETTE, NJ 07848 RICHARDLONG US EPAREGIONVIII 8PAR 999 18THST STE 300 DENVER, CO 80202-2405 DEB MADISON FORT PECKTRIBES BOX 1027 POPLAR, MT 59255 GABRIEL MCAULIFFE SIERRA RESEARCH 1801 J ST SACRAMENTO, CA 95814 WILLIAM

MCLAUGHLIN 341 CES/CEVC 39 78TH ST N MALMSTROM

AFB, MT 59402- 7536 RILEYJOHNSON NFIB 491 SOPARK HELENA, MT 59601 THOMAS KALLENBACH FLUIDYNE INC &ELKGROVE DEVELOPMENT CO 155 ANNIE GLADE DR BOZEMAN, MT 59718-7691 CALVIN KIDNEY WELLS FARGO 877 W MAIN ST 5THFLOOR BOISE, ID 83702 JERRY D

. KNUTSON WEST TECH SUPPLY & SERVICES PO BOX 80711 BILLINGS, MT 59108 CATHY LAUGHNER BROWNINGKALECZYC POBOX 1697 HELENA, MT 59624 CARRIE LLOYD VETERANS AFFAIRS WILLIAMS ST FORT HARRISON, MT 59636 MICHAELJ LUCIANO FARM HARVESTINGOF EUREKA POBOX 1050 EUREKA, MT 59917 WAYNE MARCHWICK CENTRAL MT HEALTH DEPT 305 W WATSONST LEWISTOWN, MT 59457 BRIANMCHUGH MAXIM TECHNOLOGIES INC 618 S 25TH ST BILLINGS, MT 59107 WALTER L MCNUTT AG EQUIPMENT SALES 110 12THAVE SW SIDNEY, MT 59270

### ARNIE AMOHL BOB MONTGOMERY TIM MULLIGAN A-1 PAVING WESTERNENERGY CO RISK MANAGEMENT DIV 3131 HWY2 E POBOX 99 POBOX3767 KALISPELL, MT 59901 COLSTRIP, MT 59323 BUTTE, MT 59702 DARREL MYRAN ANNISSA NELSON ALLENNIPPLE WESTMORELAND RESOURCES TANKNOLOGY SPRING CREEK COAL CO INC 470 SCHROCKRDSTE L POBOX67 BOX449 COLUMBUS, OH 43229 DECKER, MT 59025-0067 HARDIN, MT 59034 DAVE NOELL ANNO'HAGAN SANDI OLSEN APCAC BOARD MEMBER WCEC INC DEQ 1318 BABCOCKCIRCLE 1030 SOUTHAVE W REM - DEADHEAD BILLINGS, MT 59105 MISSOULA, MT 59801 TRACY OPP OWEN ORNDORFF JOE O'ROURKE STONE ENERGY CORP YELP FH STOLTZE LAND &LUMBER 950 17TH ST STE 2600 1087 W RIVER ST STE 200 BOX 1429 DENVER, CO 80238 BOISE, ID 83702 COLUMBIA FALLS, MT 59912 JIM PARKER DICK PAULSEN MIKE PHILBIN PPL MT AMERICAN LUNGASSN BLM 1 WAREHOUSE RD 825 HELENAAVE 5001 SOUTHGATE DR COLSTRIP, MT 59323 HELENA, MT 59601 BILLINGS, MT 59101 STEVE PILCHER PO BOX 1715 HELENA, MT 59624-1715 ELLEN PORTER DANPOWERS ROSEBURG FOREST PRODUCTS BUTTE/SB HEALTH DEPT PO BOX4007 25 W FRONT ST MISSOULA, MT 59806 BUTTE, MT 59701, DONQUANDER TIM QUARLES JIM RAM AKR R HOLLANDAND HART THE RETEC GROUP INC PO BOX760 401 N31 ST ST STE 1500 2048 OVERLANDAVE STE 101 CHOTEAU, MT 59422 BILLINGS, MT 59101 BILLINGS, MT 59102 JEREMY RHODES RANDALL RICHERT MIKE RINALDI RS 341ST CES/CEV CONOCO ROSEBUDCOUNTY 39 78TH ST N POBOX 30198 SANITARIAN MALMSTRM

AFB, MT 59402- BILLINGS, MT 59101-0198 251 NO 17TH 7536 FORSYTH, MT 59327 HAL ROBBINS CORRINE A ROSE RS JOE RUSSELL BISONENGINEERING INC TETON/PONDEROSACOUNTY FLATHEAD CTY HEALTH DEPT 1400 11THAVE STE 3 BOX 610 1035 ISTAVE W HELENA, MT 59601-4516 CHOTEAU, MT 59422 KALISPELL, MT 59901 PAT SAINDON PLANNING DIVISION MT DOT - ENVIRONMENTAL
- DEADHEAD HELENA, MT GERALD SCHLOSSER CURT SCRIBNER SUPR OF PLANT SERVICES YELLOWSTONE ENERGY LT. 1101 26TH ST S 2215 FRONTAGE RD GREAT FALLS, MT 59405 BILLINGS, MT 59101-7307

### WADE SELLERS JONSESSO PETE SIMONICH SUPERIOR ENTERPRISES BUTTE/SILVER BOW PLAN COLSTRIP STEAM ELECTRIC
~ BOX 128 CRTHSE 155 W GRANITE STATION StJPERIOR, MT 59872 BUTTE, MT 59701 PO BOX38 COLSTRIP, MT 59323 DAVE SIlY1PSON WESTMORELAND RESOURCES PO BOX449 HARDIN, MT 59034 JAYSKABO MONTANADAKOTA UTILITIES 400 N4THST BISMARCK, ND 58501 DENNIS J SNOW RS DAWSONCITY SANITARIAN 207 W BELL GLENDIVE, MT 59330 RICH SOUTHWICK APCAC BOARD MEMBER 173 COTTONWOOD RD TOWNSEND, MT 59644 FRED STEELE CSKT TRIBAL HEALTH BOX 880 ST IGNATIUS, MT 59865 STEPHENBLANKENSHIP FORD 925 L ST STE 390 SACRAMENTO, CA 95814 FRED STIERS CONOCOINC POBOX 30198 BILLINGS, MT 59107-0198 SHANNONTHERRIAULT CITY COUNTY HEALTH DEPT 301 W ALDERST MISSOULA, MT 59802 BARRI TWARDOSKI MAXIM TECHNOLOGIES INC POBOX2730 MISSOULA, MT 59806 CALLIE VIDETICH US EPAREGIONVIII-8P-AR 999 18THST STE 300 DENVER, CO 80202-2466 PATRICIA SPENCER ENVIRONMENT REPORTER BNA-1231 25TH ST NW S-382 WASHINGTON DC, DC 20037 RICK STEFANIC BUREAU OF INDIANAFFAIRS 316 N26TH ST BILLINGS, MT 59101 SAM STEPHENSON ARCO 317ANACONDAAVE BUTTE, MT 59701 LARRYSVOBODA US EPAREGIONVIII-8P-AR 999 18THST STE 300 DENVER, CO 80202-2405 RAYTILMAN MONTANARESOURCES 600 SHIELDS AVE BUTTE, MT 59701 TONY TWEEDALE MT CHEER 404 E SPRUCE ST APT 2 MISSOULA, MT 59802-4655 STEVE WADE BROWNING KALECZYC BERRY &HOVEN PO BOX 1697 HELENA, MT 59624 LYNN STABENFELDT MULTISTATE ASSOCIATES INC 515 KINGST ALEXANDRIA, VA 22314 JODEE STEIN WELLS FARGO 175 N27 ST BILLINGS, MT 59101 STANSTERNBERG MT DOT - ENVIRONMENTAL MT DOT - ENVIRONMENTAL
- DEADHEAD HELENA, MT LILATAYLOR BOX 595 KIRLEY RT BUSBY, MT 59016 STEVE TURKIEWICZ MONTANAAUTODEALERS ASSN 501 NSANDERS ST HELENA, MT 59601 DARYL UR.AN WILLISTON BASIN INST PIPEL POBOX 131 GLENDIVE, MT 59330 GERALDWAGNER BLACKFEET TRIBAL POBOX 2029 BROWNING, MT 59417 b- i'SY WAHL SCOTT WALKER KEVIN K . WALSH EPA YELLOWSTONE CITY COUNTY ENVIRONMENTAL EPA-DEADHEAD 510 NBROADWAY CONSULTING BILLINGS, MT 59101 451 FREEDOM AVE BILLINGS, MT 59105

### JOHNWARDELL EPA EPA-DEADHEAD LINDAWIEGERT STEVE DWRIGHT MERIDIAN OIL INC COLUMBIA FALLS ALUMINUM 801 CHERRY ST STE 700 2000 ALUMINUM DR FORT WORTH, TX 76102 COLUMBIA FALLS, MT 599? JIM ZABROCKI LARRYZINK CARBONCOUNTY HEALTH CUSTERCOSANITARIAN'S MT SULPHUR&CHEMICAL CO DEPT OFFICE -- REPOSITORY PO BOX31118 BOX466 COURTHOUSE BILLINGS, MT 59107 RED LODGE, MT 59068 MILES CITY, MT 59301 CENTURY COMPANIES INC FARMERS UNIONOIL CO MONTANAMOTORCARRIERS BOX 739 1000 SMELTERAVE 501 N . SANDERS ST #201 LEWISTOWN, MT 59457 BLACKEAGLE, MT 59414 HELENA, MT 59601-4552
MONTANAAUDUBON MONTANAPOWER CO PO BOX595 PO BOX38 HELENA, MT 59624 COLSTRIP, MT 59323 NORTHERN PLAINS RESOURCE COUNCIL 2401 MONTANAAVE #200 BILLINGS, MT 59101-2336 

### PACK &COMPANY CONST POBOX 8150 Last edited by Barb, 8/1/05 KALISPELL, MT 59904-1150

### Montana DEQ- Legal Unit - Rule Notices With Hearing Page 1 of 2

o ~-1 ,~ (~,1 ~ Mantana £ .l~p~artmer~f r

~f ON ;,uiraanme~ntal Nuality QEQ HOME DIVISIONS PUBLIC INTEREST CONTACTS SEARCH Administrative Rules ofMontana 

# Notices of Proposed Rulemaking with Hearing

Public Hearing Date Where Comment Due Date Purpose 10:30a.m

. Room111, 1520 East 5:00 p.m . Proposed Amendment of October 4, 2005 Sixth Avenue, Helena, October 11, 2005 ARM 17.8.743, New Montana Rules I-VI (Air Quality - Oil and Gas Well Facilities - MAR Notice No. 17-229) 1 :30p.m . Room111, 1520 East 5:00p.m . Proposed Amendment of October 3, 2005 Sixth Avenue, Helena, October 10, 2005 ARM 17.8.759 (Air Montana Quality - Reviewof Permit Applications - MAR N otice No. 17-228) Amended Notice of Proposed Amendment (Water Quality - Concentrated Animal Feeding Operations - MARNotice Noj7-227) 10:30 a.m

. Room111, 1520East 5:00p.m . Proposed Amendment of August 3, 2005 Sixth Avenue, Helena, August 10, 2005 ARM 17.8.504, 505, 514 Montana (Air Quality - Air Quality Permit Application, Operation and Open Burning Fees - MAR Notice No. 17-2261 1 :30p.m . Room111, 1520 East 5:00p.m . Proposed Amendment of March 23, 2005 Sixth Avenue, Helena, March 30, 2005 ARM 17.8.102, 103, 202, Montana etc. Air Q uality - Incorporation By Reference - MAR Notice No. 17-225) 10:30 a.m

. Room35, Metcalf 5:00 p.m . Proposed Amendment of March 3, 2005 Building, 1520 East March 10, 2005 ARM 17.53.102, 105, Sixth Avenue, Helena, etc. (Hazardous Waste - Montana Authorization of the Hazardous Waste Program- MAR Notice No. 17-224) 1 :30 p.m . Room111, 1520 East 5 :00 p.m . Proposed Amendment of January 14, 2005 Sixth Avenue, Helena, January 21, 2005 ARM 17.38 .106 (Public Montana Water Supply - Fees for Review of Public Water and Sewage System Plans and Specifications - MAR Notice No

. 17- 223 8:30 a.m . Room111, 1520 East 5:00 p.m . Proposed Amendment of January 14, 2005 Sixth Avenue, Helena, February 4, 2005 ARM 17.30.1301, 1304, Montana 1310, etc. Water Q uali ty
- Concentrated Animal Feeding Operations - 

### http://www

.deq.state.mt .us/dir/legal/hearing.asp 8/4/20058P .O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www .deq.mt .gov
DEPARTMENT OF ENVIRONMENTAL QUALITY TESTIMONY IN THE MATTER OF AMENDMENT OF AIR QUALITY RULES PERTAINING TO REVIEW OF AIR QUALITY PERMIT APPLICATIONS October 3, 2005 For the record, my name is Debbie Skibicki . I am an Environmental Engineering Specialist in the Montana Department of Environmental Quality's Air Resources Management Bureau . I am here to present testimony for the Department . The Department is proposing to amend ARM 17 .8 .759, review of permit applications . This rule affects parties regulated by the Department under the air quality rules . HE 581, enacted by the 2005 Montana Legislature, requires the Board to adopt rules providing a period of 15 days in which the public may submit comments on certain draft air quality permits . The legislation also requires the Board to adopt rules providing the basis upon which the Department may extend, by 15 days, this comment period and the period for notifying an applicant of the Department's final decision on approval or denial of an application. Air quality permits can be complex documents that require considerable review to develop an understanding of the basis for and appropriateness of the conditions contained within them . In some instances, 15 days is insufficient to conduct the necessary review and provide useful comment . Because each source of air pollution, its impact and the circumstances of the affected individuals are unique, circumstances justifying an extension of time may vary widely from one situation to another . Allowing an extension of time when it would serve the public interest would allowthe Department to consider the unique circumstances of each situation when determining whether an extension of time is warranted. Granting an extension where an applicant or member of the public requests it in writing no later than the end of the original 15-day period would allow for comments from interested persons when the Department has not taken independent action to extend the time period . In addition, the proposed rule would allow 30 days rather than 15 where federal regulations require it . Jane Amdahl, DEQ staff attorney, has prepared a HE 521 review, comparing stringency of state and local rules to any comparable federal regulations, and a HE 311 review, assessing impact on private property . In regard to the HE 521 review, the proposed new rule would not make the state rules more stringent than comparable federal regulations or guidelines . Therefore, no further HB 521 analysis is required . In regard to the HE 311 review, the present proposed action involves rules affecting use of private real property for operation of air pollutant sources, and the Board has discretion legally not to take the action . Therefore, the Private Property Assessment Act applies to this proposed rulemaking, and completion of an Attorney General's Private Property Assessment Act Checklist is required . This checklist was completed . Based upon completion of the checklist, the proposed

Enforcement Division " Permitting & Compliance Division " Planning, Prevention &Assistance Division " Remediation Divisionrulemaking does not have taking or damaging implications, and no further HD 311

assessment is required . In addition to the MAR notice, the proposed amendment was publicly noticed in five daily newspapers in Montana and was mailed to the Department's interested parties list and the Air Pollution Control Advisory Council . The Department recommends adoption of the amendments to ARM 17 .8 .759 as proposed ai tiie Montana ACa .uiilitlstratave Register

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

### OFFICE MEMOR

ANDUM TO : Board of Environmental Review FROM : Jane B. Amdahl, DEQStaffAttorney SUBJECT: House Bill 521 and House Bill 311 review for proposed amendment of air quality rule ARM

17.8.759, providing for a 15-day extension of the existing 15-day time period within which public comments may be submitted on certain air quality permit applications, and setting the bases for when such extensions may be allowed. DATE: September 23, 2005 HB 521 REVIEW

(Comparing Stringency ofState and Local Rules to Any Comparable Federal Regulations or Guidelines) Sections 75-2-111 and 207, MCA, codify the air quality provisions of House Bill 521, from the 1995 legislative session, by requiring the Board of Environmental Review to make certain written findings after apublic hearing and public comment, prior to adopting a rule to implement the Clean Air Act of Montana that is more stringent than a comparable federal regulation or guideline. In this proceeding, the Board is proposing to amend ARM 17.8.759 to: provide for a 15-day extension of the initial 15-day public comment period on the Department's preliminary determination and the information submitted by an applicant for an air quality permit;- 0 identify the conditions under which the Department may allowsuch a 1~-day extension: (a) if the Department finds that an extension would serve the public interest ; 

### (b) if the applicant or a member of the public requests it in writing before the original 15-day period expires; or

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

### (c) ifthe preliminary determination contains one or more requirements of 40 CFRpart 63 that require a 30-day comment period; and " provide for the Department to notify the applicant of any extension requests that are granted. HB 521 probably does not apply to the proposed amendments to ARM 17.8.759 because the proposed amendments are strictly procedural . However, in an excess ofcaution, I have undertaken a stringency analysis nonetheless
. Federal regulations governing comment periods on applications for air quality permits do not specifically provide for extensions oftime. However, where federal regulations relating to various aspects of the permitting process exist, they provide for, comment periods ofat least 30 days for submittal of public comments. See, e.g., 40CFR 51 .165(f)(5) ("at least 30 days"), 40 CFR63.43(h)(ii) ("30days") and 40 CFR 63.54(c)(2) ("at least 30days")
. The state comment period under ARM 17.8.759, without extensions, is only 15 days. By adding an additional 15 days to the comment period when the preliminary determination contains one or more requirements of 40 CFRPart 63 that require a 30-day comment period as set forth in proposed subpart 5(c) ofthe proposed rule modification, the proposed modification makes it equal to the comparable federal comment period of 30 days. In other words, it would bring the comment period to a level that would be neither more nor less stringent (to that extent that termcan be applied at all) than the federal comment period. . In sum ;providing for an extra 15 days to be added to the comment period when the Department deems it to be in the public interest, when requested by the applicant or a member ofthe public, or when required by federal law, merely brings the comment period to the same length as similar federal comment periods. Although a stringency analysis does not appear necessary to this purely procedural issue, to the extent a stringency analysis is undertaken, it is clear that none of the proposed amendments would make the State rules more stringent than comparable federal regulations or guidelines. Therefore, no further House Bill 521 analysis is required. HB 311 REVIEW (Assessing Impact on Private Property) Sections 2-10-101 through 105, MCA, codify: House Bill 311, the Private Property . Assessment Act, fromthe 1995 legislative session, by requiring that, prior to taking an action that has taking or damaging implications for private real property, a state agency must prepare a taking or damaging impact assessment . Under Section 2-10-103(1), MCA, "action with taking or damaging implications" means: a proposed state agency administrative rule, policy, or permit condition or denial pertaining to land or water management or to some other environmental matter that if adopted and enforced would constitute a deprivation of private property in violation of the United States or Montana constitution.

### Name of Project: Proposed Amendment ofAir Quality Rule ARM 17.8.759 MARNotice No. 17-228 PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST DOES THE PROPOSEDAGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS

UNDERTHE PRIVATE PROPERTY ASSESSMENT ACT? YES NO X 1 . Does the action pertain to land or water management or environmental regulation

affecting p

rivate real prop

erty or water rights? X 2 . Does the action result in either a permanent or indefinite physical occupation of private p rop erty? X 3. Does the action deprive the owner ofall economically viable uses ofthe pro p erty?

_ X 4. Does the action deny a fundamental attribute ofownership? (Ex
. : right to exclude others ; right to dispose of the property) X 5. Does the action require a property owner to dedicate a portion of property or to grant an easement? [Ifthe answer is NO, skip questions 5a and 5b and continue with question 6 .] 5a. Is there a reasonable, specific connection betweenthe government requirement and legitimate state interests? 5b. Is the government requirement roughly proportional to the impact of the proposed use of the prop

erty? X 6 . Does the action have a severe impact on the value of the property? (Consider economic impact, investment-backed expectations, and the character of the government action.) X 7. Does the action damage the property by causing some physical disturbance with respect to the property in excess ofthat sustained by the public generally? [Ifthe answer is NO, do not answer questions 7a - 7c.] 7a. Is the im

p act of government action direct, p eculiar, and significant? 7b. Has government action resulted in the property becoming practically inaccessible, waterlogged, or flooded? 7c. Has government action diminished property values by more than 30% and necessitated the physical taking ofadjacent property or property across a public way from the property in q

uestion? X Taking or damaging implications? (Taking or damaging implications exist ifYES is checked in response to question 1 and also to any one or more of the following questions: 2, 3, 4, 6, 7a, 7b, or 7c; or if NOis checked in response to question 5a or 5b . Signature of Reviewer 

## qb'3

# /O ~') ate

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

including a checklist, to assist agencies in determining whether an agency action has taking or damaging implications
. The present proposed action involves a rule potentially affecting use of private real property. I've completed an Attorney General's Private Property Assessment Act Checklist, which is attached to this memo. The proposed rule amendments would not:

result in either a permanent or indefinite physical occupation of private property; * deprive any owner ofall economically viable uses ofprivate property; * deny a fundamental attribute ofprivate property ownership; * require a private property owner to dedicate a portion of property or grant an easement ; * have a severe impact on the value of private property; or * damage private property by causing a physical disturbance with respect to the property in excess ofthat sustained by the public generally. Based upon completion of the attached Attorney General's Checklist, the proposed rulemaking does not have taking or damaging implications, and no further House Bill 311 assessment is required. Enc. JBA

# 10

### Ref

. 8P-AR 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 99918T" STREET - SUITE 300 DENVER, CO 80202-2466 Phone 800-227-8917 http:b'www

.epa.govlregion08 

### Board of Environmental Review P.O . Box 200901 Helena, Montana 59620-0901 Dear Board Members: 

## SEP 29 2005

The purpose of this letter is to provide EPA's comments on proposed revisions to the Administrative Rules ofMontana (ARM), subchapter 7, that were announced in MAR Notice No. 17-228, 15-8/11/05
. We are commenting on the provisions in ARM 17.8.759(5) that pertain to extending the public reviewperiod on certain preliminary permit determinations. The Board will hold a public hearing on these proposed changes on October 3, 2005. We applaud the Board for proposing to provide a longer public reviewofpreliminary determinations. We understand that the proposed revisions were prompted by HB 581, enacted in 2005, and may allowthe department to extend by 15 days the periodwithin which public comments may be submitted on certain preliminary permit determinations. One ofthe reasons allowed for extending the public comment period is if the preliminary determination contains one or more requirements of40 CFR part 63 that require a 30-day comment period. As noted, some provisions of 40 CFR part 63 require a 30-day public review of preliminary determinations yet the proposed regulations indicate that the department may extend the public comment period by 15 days (to 30-days) . We encourage the Board to further evaluate HB 581, to determine whether a 30-day comment period can be required for preliminary determinations that contain provisions of 40 CFR part 63 that require a 30-day comment period. Please contact me at (303) 312-6005 if you have any questions regarding this letter.

cc: Don Vidrine, Montana Department of

Environmental Quality 

### John Wardell, 8M0

## LEGAL MEMO

TO : CARY HEGREBERG, EXECUTIVE DIRECTOR, MONTANA

CONTRACTORS' ASSOCIATION (MCA) 

### FROM : MICHAEL S

. KAKUK, ATTORNEY RE: HB581 - SUGGESTEDAMENDMENTS DATE: SEPTEMBER4, 2005 

### Please reviewthe following amendments to the DEQproposed language implementing HB581 . In my opinion, the amendments provide at least some objective criteria by which to determine whether or not a request for an extension should be granted. The DEQand MEIChave reviewed this language. (See Attachment 1) Admittedly, it is difficult to see the DEQdenying an extension request under the "fully informed decision" criteria but at least the extension is not automatic as proposed by the DEQ . (See DEQproposed language, paragraph (5)(b) .) (5) (a) The department may, on its own action, or at the request o the applicant or a member ofthe public, extend by 15 days the period within which public comments may be submitted as described in (4)(b)(ii) and the datefor issuing a final decision on a permit application as described in 75-2-211(9)(b), MCA, unde {-a-} ifthe departmentfinds that an extension weuld serv-o

; is necessaa to allowthe department to make a fully informed decision. (b) upert Any request.for an extension provided in subparagraph (5) (a) above by Of the applicant or a member ofthe public ' must _be submitted to the department by the date that written comments on the preliminary determination originally were due ;ei=. 

## (c) The department must also extend the comment period ifthe preliminary determination contains one or more requirements of40 CFRpart 63, as incorporated by reference in this chapter, that require a 30-day comment period. {--4 (d) The department shall notify the applicant ofany extension requests that ^r° rtYan}~ under this paragraph (5) .

MCA, PROPOSED RULE AMENDMENTS, HB581 1

### RE: Draft language still under review by everybody.



### Michael S. Kakuk From : Anne Hedges fahedges@meic.org] Sent : Tuesday, September 20, 2005 3:51 PM To: mkakuk@kakuk.com Subject : RE: Draft language still under reviewby everybody. 

### Page 1 of 1

NOPE. I LIKEDIT TI3E WAYIT WAS BUT I CANLIVE WITHTIES IFJT`N1-AKES YOU HAPPIER

. Any suggestions on how to improve it to remove your the source of your "dislike"? Thanks again for the help, MSK Michael S . Kakuk Attorney Kakuk Law Offices, P .C. 40 F7 . 14th St ., Ste 2D Helena, MT 59624-0747 406-443-7788 - Phone 406-449-7090 - Fax info@kakuk .com - email htta://w-N

w .kakuk .com - Web Page Providing a full range of intellectual property and entertainment legal services including business, copyright, trademark, and patent law .

~x*~z~~****~********~*** 

### Anne Hedges ProgramDirector Montana Environmental Information Center P .O . Box 1184 Helena, MT 59624 (406) 443-2520 fax : (406) 443-2507 ahedges@meic.org http://www

.meic.org

### RE: Draft language still under review by everybody

. ---Page 1 of 1



### Michael S. Kakuk From : Sent: To: Anne Hedges [ahedges@meic.org]

Tuesday, September 20, 2005 3:17 PM mkakuk@kakuk.com

; 'Brown, Jan' ; 'Homer, Charles' ; 'Skibicki, Debbie' ; 'Kiemp, Dave' ; 'Rusoff, David'

.. Cc: dquander@hoflandhart.com Subject : RE: Draft language still under reviewby everybody. 

### I don't really like it but I think I can live with it. Anne At 2:38 PM

-0600 9/20/05, M'tchael S. Kakukwrote: Any thoughts fromanyone on the draft language? Thanks, MSK Michael S . Attorney Kakuk Kakuk Law Offices, P. C. 40 W . 14th St ., Ste 2D Helena, MT 59624-0747 406-443-7788 406-449-7090 info@kakuk .com http ://www

._kakuk .com - Phone

- Fax

- email
- Web Page Providing a full range of intellectual property and entertainment legal services including business, copyright, trademark, and patent law .

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

### Anne Hedges Program

Director Niontana Environmental P .O . Box 1184 Helena, MT 59624 (406) 443-2520 fax: (406) 443-2507 ahedges@meic.org htip://www

.meic.org Infarmation Center

### Page 1 of 1



### Brown, Jan From : Homer, Charles Sent : Tuesday, October 11, 2005 10:38 AM To: Brown, Jan Subject : FW

: Comment on rulemaking ARM 17.8.759 -----Original Message----- From : Wittenberg, Joyce On Behalf Of DEQ BER Sent : Tuesday, October 11, 2005 9:25 AM To: Orr, Katherine; Homer, Charles; Rusoff, David Subject : FW

: Comment on rulemaking ARM17.8.759 -----Original Message----- From : Don Quander [mailto:DQuander@hollandhart .com] Sent : Monday, October 10, 2005 4:30 PM To: DEQ BER Subject : Comment on rulemaking ARM17 .8.759 Secretary to the Board of Environmental Review : Please file the attached comments of the Montana Industry Clean Air Act Coalition in the captioned rulemaking proceeding, ARM

17.8.759 (HB 581)
. If there are any questions, please contact me by e-mail at this address or at 406-252-2166
. Thank you for your assistance. Donald W

. Quander



### 10/11/2005

### Secretary, Board of Environmental Review

1520 E. Sixth Avenue Helena, Montana 59620-0901 Re: Comment on Proposed Amendment to ARM 17.8.759 Pertaining to Review of Permit Applications Board of Environmental Review : The Montana Industry Clean Air Act Coalition ("Coalition"), including Smurfit Stone Container Corporation, Stillwater Mining Company, Holcim(US) Inc., and ExxonMobil Corporation, appreciates the opportunity to comment on the proposed rule amendment. The Legislature adopted HB 581, and directed the BER to undertake this rulemaking, with the clear intention and expectation that extensions of the longstanding statutory 15-day period for comment on permit applications should be the exception, not the rule, of normal permit review . Most permit applications, whether for new or modified permits, are not controversial and require no additional time for public comment---most receive no comments. Testimony before the House Committee was consistent in the expectation that such extensions should be granted only under defined circumstances, and not automatically, and comments of Committee members reflected this understanding and intention. . The rule as proposed would require an extension upon a request not only by the applicant (which is appropriate), but also upon a request by any "member of the public," apparently with our without cause shown, or upon the Department's simply deciding that an extension "would serve the public interest ." This goes well beyond the statute. The statute as written presumes that the public interest is normally served by a 15-day comment period, which balances the respective interests of public input and timely permitting. If a bare request by any person or an unsupported decision by the Department is the standard for an extension, then the balanced presumption of the statute is effectively reversed, and it might as well provide for a 30 day period, with exceptions for shortening the period to 15 days : But this is not what the statute provides or was intended to provide . 

### We urge that the BERadopt revised language that allows for 15-day extensions, as the legislature intended, only in circumstances that specificallyjustify this exception. At a minimum, that requires that some reasonable basis be provided for why an exceptional extension is needed
. An interested member of the public that believes that more time than the usual statutory period is necessary for comment should be obliged to provide some specific explanation; likewise, the Department should be obliged to make some specific finding about why the usual statutory period is inadequate for reviewof the permit at hand. Neither of these requirements presents a particularly high hurdle or unreasonable obstacle to varying a statutory time period, if there is good cause for doing so. Anything less would amount to re-writing the statutory presumptions of the

### appropriate statutory period for comment and action. The legislature surely could have

changed the statutory time frames for permit review, but clearly (and consciously) did not do so. In short, our Coalition objects to the proposed rule language because it seeks to re-write the statute. We recommend that BER revise the rule to reflect the exceptional nature of 15-day extensions, in part by requiring some reasonable statement of basis for requests for extension by members of the public and a specific finding by the Department of why and extension is required to serve the public interest (not simply a conclusory statement that it is)
. This would accommodate those special circumstances where it is reasonable to allowmore than the usual statutory time for permit comment and action. Again, we appreciate the opportunity to comment and we hope that our comments will assist the BER and Department in adopting a workable rule that maintains a flexible but balanced approach to permit review . Donald W

. Quander Holland & Hart, LLP. 401 North 31 st Street Billings, MT 59101 (406) 252-2166 

### Counsel to the Coalition.

### Brown, Jan -From : Homer, Charles ent : Tuesday, October 11, 2005 10:38 AM To: Brown, Jan Subject : FW : MEIC Comments on air rule
-----Original Message----- From : Wittenberg, Joyce On Behalf Of DEQ BER Sent : Tuesday, October 11, 2005 9 :23 AM To : Rusoff, David ; Homer, Charles ; Orr, Katherine Subject : FW

: MEIC Comments on air rule
-----Original Message----- From : ahedgesQmeic .org [mailto :ahedges@meic .org] Sent : Monday, October 10, 2005 4 :37 PM To : DEQ BER Subject : MEIC Comments on air rule October 10, 2005 Board of Environmental Review 1520 E . Sixth Ave . Helena, MT 59620-0901 )ear Board: The Montana Environmental Information Center supports the rule proposed regarding amendment of ARM 178 .759 pertaining to review of air quality permit applications . MEIC was the primary proponent of the legislation that requires the development of this rule . The public should be allowed sufficient time to review air quality permit applications . Air quality permit applications and draft permits can be long and complex. A one size fits all requirement for the public review period makes little sense . The rule implementing this law should be as permissive as possible to .guarantee that the public has adequate time to review the work of the Department in issues that could affect their health . MEIC supports the Department's draft language . Sincerely, Anne Hedges ********************** Anne Hedges Program Director Montana Environmental Information Center P .O. Box 1184 Helena, MT 59624 (406) 443-2520 fax : (406) 443-2507 ahedgesQmeic .org http ://www

.meic .org

### Comments to Proposed rule ARM 17.8.759 Page 1 of 1 

### Brown, Jan From : Homer, Charles Sent : Tuesday, October 11, 2005 10:38 AM To: Brown, Jan Subject : FW

: Comments to Proposed rule ARM 17.8.759 -----Original Message----- From : Wittenberg, Joyce On Behalf Of DEQ BER Sent : Tuesday, October 11, 2005 9:22 AM To: Homer, Charles; Orr, Katherine; Rusoff, David Subject : FW

: Comments to Proposed rule ARM17.8.759 -----Original Message----- From : Briggs, Jeffrey F. [mailto :JFBRIGGS@SMURFIT .COM] Sent : Monday, October 10, 2005 6:37 PM To: DEQ BER Cc: Griffin, Leif ; Marxer, Neal Subject : Comments to Proposed rule ARM17.8.759 Secretary to the Montana Board of Environmental Review, Please find attached comments to the proposed rule ARM17.8.759 in response to HB 581 . If you have any questions please contact meat this email address or the phone number below . Thank you for your attention in this matter . «HB 581 Rule Comment to BER.DOC» 

### JB Jeff Briggs Smurfit-Stone Environmental Engineer (406) 626-4833 (406) 491-4543



### 10/11/2005

### Submitted via Email

Secretary, Board of Environmental Review 1520 E. Sixth Avenue Helena, Montana 59620-0901 Re: Smurfit-Stone Container - Missoula Mill Comment on Proposed Amendment to ARM17.8.759 Board of Environmental Review : Smurfit-Stone Container's Missoula Mill appreciates the opportunity to comment on the proposed rule amendment . The 2005 Montana Legislature adopted HB 581, and directed the BER to undertake rulemaking, to allowan extension of the long-standing statutory 15- day period for comment on air quality permit applications. While the Missoula Mill supports an extension of the comment period for complex applications where there is significant public interest, the rule as proposed will make the 30- day extension essentially automatic. It is clear that the legislature presumes that the public interest is normally served by a 15-day comment period, which balances the respective interests of public input and timely permitting. If, as in the proposed rule, a single unsupported request by any person is the standard for an extension, then the Missoula Mill believes that the balanced presumption of the statute is effectively reversed, and a 30 day comment period will become the standard, with the exception being a 15 day period The vast majority of permit applications are not controversial and require no additional time for public comment---most receive no comments . Testimony before the House Committee indicated that the expectation is that such extensions should be granted only under defined circumstances, and not automatically. Comments of committee members reflected this intention. The Missoula Mill supports revised language that allows for 15-day extensions only when the specifics of the application justify this exception. At a minimum, some reasonable basis must be established for why an exceptional extension is needed. A member of the public that believes that more time than the usual statutory period is necessary for comment should be obliged to provide specific justification. The Missoula Mill does not believe that this requirement presents a unreasonable barrier to extending the comment period, if there is good cause for doing so. The Missoula Mill recommends that the BER revise the rule to ensure that the 15-day extension remains the exception as was the legislature's clear

### intent . This can be done, in part, by requiring some reasonable statement of

basis for requests for extension by members of the public. This would effectively accommodate those special circumstances where it is reasonable to allowmore than the usual statutory time for permit comment and action. The Missoula Mill suggests that Section (5)(b) of the proposed rule be revised with the following language. (5)(b) upon request of the applicant or a member of the public that sets forth unique circumstances iustifying an extension and if the request for an extension is submitted to the department by the date that written comments on the preliminary determination originally were due; or Again, the Missoufa Mill appreciates the opportunity to comment and we hope that the BER and Department will work to adopt a workable rule that maintains a flexible but balanced approach to permit review . Jeff Briggs Environmental Engineer Smurfit-Stone Container Enterprises Inc.

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA
In the matter of the amendment of ARM 17 .8 .759 pertaining to review of permit applications ) PRESIDING OFFICER REPORT ) )

INTRODUCTION 1 . On October 3, 2005, I presided over and conducted the public hearing held in Room 111 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to take public comment on the above-captioned proposed amendment to ARM 17 .8 .759 . This amendment implements HB 581 which was codified at Mont . Code Ann. § 75-2-211 . This statute requires the Board to adopt rules providing a period of 15 days in which the public may submit comments on certain draft air quality permits . Notice of the hearing was contained in the 2005 Montana Administrative Register (MAR) No . 15, MAR Notice No . 17-228, published on August 11, 2005 . A copy of the notice is attached to this report . (Attachments are provided in the same order as they are referenced in this report .) 2 . The hearing began at 1 :30 p .m . and concluded at approximately 2 p .m . A court reporter, Ms . Sheryl Romsa, of Lesofski and Walstad in Helena, MT recorded the hearing . 3 . I announced that persons at the hearing would be given an opportunity to submit their data, views, or arguments concerning the proposed action, either orally or in writing . At the hearing, I identified and summarized the MAR notice, stated that copies of the MAR notice were available

PRESIDING OFFICER REPORT PAGE 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 in the hearing room, and read the Notice of Function of Administrative Rule Review Code Ann . § 2-4-302(7)(a)
. interested persons list placed on that list . I proposed rule, Committee as required by Mont . I addressed the rulemaking and the opportunity to have names recited the authority to make the announced the opportunity to present matters at the hearing or in writing, as stated and explained the order of presentation in the MAR notice, At the conclusion of the hearing I announced that the proposed rulemaking was expected to be considered by the Board at its meeting on December 2, 2005 . SUMMARY OF HEARING 4 . Ms . Debbie Skibicki, an Environmental Engineering Specialist with the Air Resources Management Bureau of the Department of Environmental Quality (DEQ) made an oral statement and submitted a written statement, which is attached to this report
. Ms . Brown stated that DEQ recommends adoption of the proposed rule amendments . 5 . At the hearing, Mr . Michael Kakuk an attorney representing the Montana Contractors' Association submitted written amendments to the proposed rule changes including subjective criteria by which to determine whether or not a request for amendments . an extension should be granted . See attached

His proposed language contained a standard for an extension necessary to allow the department to make an informed decision . The Department expressed support of these amendments . Mr . Don Allen, Executive Director of the Western

PRESIDING OFFICER REPORT PAGE 21

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Environmental Trade Association stated at the hearing that the suggested amendments of Mr . Kakuk clarified what the intent of the legislature was . SUMMARY OF WRITTEN MATERIALS 6 . Ms . Skibicki's written comments describing the reasons for adopting language to allow extensions to the permit review process are attached to this report . After the hearing, written comments were received from Mr . Donald W . Quander, Esq ., on behalf of the Montana Industry Clean Air Act Coalition ("Coalition") including Smurfit Stone container corporation, Stillwater Mining company, Holcim (US) Inc ., and ExxonMobil Corporation, on October 10, 2005, during the public comment period . Mr . Quander stated that the Board should revise the rule to reflect the exceptional nature of 15-day extensions in part by requiring some reasonable statement of the basis for requests for extension and a specific finding by the Department of why an extension is required to serve the public interest
. A copy of Mr . Quander's letter is attached . Ms . Ann Hedges of Montana Environmental Information Center stated in a written comment dated October 10, 2005, that the rule should be allow the public adequate time to review the work of the Department on issues that could affect their health . Mr . Jeff Briggs an Environmental Engineer with SmurfitStone container Enterprises Inc . submitted written comments dated October 10, 2005, to the effect that there should be a

PRESIDING OFFICER REPORT PAGE 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 standard set forth justifying the extension such as a showing of unique circumstances by the applicant or member who asks for the extension . The U.S . Environmental Protection Agency, Region 8, sent a letter dated September 29, 2005 stating that some provisions of 40 CFR part 63 require a 30-day public review of preliminary determinations and the letter encouraged the board to determine whether a 30-day comment period can be required for the federal provisions . The rule as it reads now takes into account these concerns . Ms . Skibicki also submitted a written statement and submitted a memorandum from DEQ staff attorney, Jane B. Amdahl, with HB 521 and HB 311 reviews of the proposed amendments and a Private Property Assessment Act Checklist . Ms . Amdahl's memorandum is attached to this report . 7 . HB 521 does not apply to the propose amendments because the proposed amendments are strictly procedural . To provide for an extra 15 days to be added to the comment period brings the comment period to the same length as similar federal comment periods and thus no more stringent than federal requirement . Therefore, no further HB 521 analysis is required .

8 . With respect to HB 311 (the Private Property Assessment Act, Mont . Code Ann . State is required to assess the implications of a proposed rule real property . This rulemaking §§ 2-10-101 through 105), the taking or damaging affecting the use of private affects the use of private

PRESIDING OFFICER REPORT PAGE 41

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 real property . A Private Property Assessment Act Checklist was prepared, which shows that the proposed amendments do not have taking or damaging implications . Therefore, no further assessment is required . 9 . No other written comments were received . The period to submit comments ended at 5 p .m . on October 10, 2005 . PRESIDING OFFICER COMMENTS 10. The Board has jurisdiction to adopt, amend, and repeal rules for the administration, implementation, and enforcement of the Clean Air Act of Montana . Mont . Code Ann . § 75-2-111, 75-2-212 . The Board has specific authority to issue rules concerning permit applications under Mont . Code Ann . § 75-2-111 . 11 . House Bill 521 (1995), generally provides that the Board may not adopt a rule that is more stringent than comparable federal regulations or guidelines, unless the Board makes written findings after public hearing and comment . The proposed amendments are not more stringent than a comparable federal regulation or guideline . Therefore written findings are not necessary . 12 . House Bill 311 (1995), the Private Property Assessment Act, codified as Mont . Code Ann . § 2-10-101 through -105, provides that a state agency must complete a review and impact assessment prior to taking an action with taking or damaging implications . The proposed amendments affect real property . A Private Property Assessment Act

PRESIDING OFFICER REPORT PAGE 51

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Checklist was prepared in this matter . The proposed amendments do not have taking or damaging implications . Therefore, no further HB 311 assessment is necessary . 13 . The procedures required by the Montana Administrative Procedure Act, including public notice, hearing, and comment, have been followed . 14 . The Board may adopt the proposed rule amendments, or reject them, or adopt the rule amendments with revisions not exceeding the scope of the public notice . 15 . Under Mont . Code Ann . § 2-4-305(7), for any acts in the rulemaking process to be valid, the Board must publish a notice of adoption within six months of the date the Board published the notice of proposed rulemaking in the Montana Administrative Register, or by February 11, 2006 . Dated this day of November, 2005 .

KATHERINE J . ORR Presiding Officer

PRESIDING OFFICER REPORT PAGE 6TRANSCRIPT OF PROCEEDINGS

1 2 3 BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 4 OF THE STATE OF MONTANA 5 6 In the matter of the amendment ) 7 of ARM 17 .8 .759 pertaining to ) 

### review of permit applications ) 8 9 10 11 TRANSCRIPT OF THE PUBLIC HEARING 12 

### 13 14 On the 3rd day of October 2005, beginning at 15 1 :30 p .m ., the public hearing on the proposed rule changes 16 was held at Montana Department of Environmental Quality, 17 Room 111 of the Metcalf Building, 1520 East Sixth Avenue, 18 Helena, Montana, Katherine Orr, Hearing Examiner, before 19 Cheryl Romsa, Court Reporter, Notary Public . 20 21 22 23 24 25

LESOFSKI &WALSTADCOURT REPORTING (406) 443-2010TRANSCRIPT OF PROCEEDINGS

~ I WHEREUPON, the following proceedings were had: 2 HEARINGOFFICERORR : This hearingis called to 3 order. Let the record show that it is 1 :30 on 4 October 3rd, 2005
. This hearingis taking place in 5 Room111 of the MetcalfBuilding. This is the time and 6 place set for thepublic hearing in the matter ofthe 7 amendment ofARM 17.8.759, pertaining to reviewof air 8 quality permit applications. 9 This public hearingis being recorded by acourt 10 reporter, Cheryl Romsa, covering for Lesofski &Walstad. 11 My name is Katherine Orr. I'man assistant attorney 12 general for the StateofMontana. I am assigned to the 13 Agency Legal Services Bureau. The Board of Environmental 14 Review

has designated me to preside over and conduct this 15 hearing. 16 Copies ofthe notice of public hearingon the proposed 17 rulemaking are available on the table near the door for 18 anyone who has not received a copy. Anyone whowants to 19 make a statement or submit written materials at this 20 hearing should fill outa Notice to PresidingOfficer form 21 and give it to me before he or she speaks. 22 Montana CodeAnnotated 2-4-302(7)(a) requires 23 presiding officers at rule hearings to read the Notice of 24 Function ofthe Administrative Rule Review Committee. And 25 then I'mgoing to read this notice, with everyone's Page 4 Page 3 Page 5 1 P.O . Box 201706, Helena, Montana, 59620. 2 Okay, then there's another code section, 3 2-4-302(2)(a), which requires each agency, including 4 boards, to create and maintain a list of interested 5 persons and the rulemaking subject or subjects in which 6 each person on the list is interested
. Apersonwho 7 submits awritten comment or attends a hearing regarding 8 the proposed agency rulemaking must be informed ofthe 9 list by the agency. On the table near the door are forms 10 for interested persons to designate their areas of 11 interest
. Ifyou would like to be placed on the list, 12 please complete one of the forms and leave it on the 13 table. 14 Notice of this hearing was contained in Montana 15 Administrative Register Notice No. 17-228, published on 16 August l lth, 2005, in issue No. 15, at pages 1458 through 17 1531 . The notice stated that a public hearing would be 18 held and that interested persons could submit their 19 comments. Written comments submitted after this hearing 20 should be addressed to the Board and delivered to the 21 boardsecretary at the Metcalf Building, and that's 22 Joyce Wittenberg. AndI can give an e-mail address to 23 anyone interested. A complete copy of the notice of 24 public hearing will be included in the official record of 25 this hearing.

. indulgence because everyone has heardthis many times. 2 Administrative rule review is afunction of interim 3 committees andthe Environmental Quality Council . These ' 4 interimcommittees and the EQChave administrative rule 5 review, programevaluation, and monitoring functions for 6 executivebranch agencies and the entities attached to 7 agencies for administrative purposes. In this case, the 8 EQChas those functions for the Department of 9 Environmental Quality and for the Board ofEnvironmental 10 Review

. 11 These interimcommittees and the EQChave the 12 authorityto make recommendations to an agency regarding 13 the adoption, amendment, or repeal of a rule or to request 14 that the agency prepare a statement of the estimated 15 economic impact of a proposal . They also may poll the 16 members of the legislature to determine ifa proposed rule 17 is consistent with the intent of the legislature or, 18 during a legislative session, introducea bill repealing a 19 rule or directingan agency to adopt or amend a rule or a 20 joint resolution recommending that an agency adopt, amend, 21 or repeal a rule. The interim committees and the EQC 22 welcomecomments and invite members of the public to 23 appear before themor to send written statements in order 24 to bring to their attention any difficulties with the 25 existing or proposed rules. Themailing address is Page 6 ' 1 Because of its length, 1 will summarize the notice
. 2 In thenotice, the Board ofEnvironmental Reviewproposed i 3 to amend an air quality rule regarding reviewofpermit 4 applications to extend the time for public comment as 5 required by HouseBill 581, now known as 75-2-211 . The 6 authorityofthe Board of Environmental Review to 7 undertakethis rulemaking is contained in Montana Code 8 Annotated, Section 75-2-111 . 9 The order ofpresentations by persons making 10 statements will be as follows: The Department, then any 11 proponents, then any opponents, and then anyone wishingto 12 be heard. And we have here today Michael Kakuk, whowants 13 to be heard on thebasis ofneutrality, and since he's the 14 only one here other than the Department, we'll have him 15 followthe Department . Anyone whomakes a statement, 16 please come up to the table so that the court reporter can 17 hear you. 18 And with that, I would invite a representative of the 19 Department to come up and speak aboutthis rule. 20 MS. SKIBICKI : Fortherecord, my name is 21 Debbie Skibicki . I'man environmental engineering 22 specialist in the Montana Department of Environmental 23 Quality's Air Resources Management Bureau. I amhere to 24 present testimonyfor the Department . The Department is 25 proposing to amend ARM 17 .8 .759, reviewofpermit

3 (Pages 3 to 6) LESOFSKI &WALSTAD COURT REPORTING

(406) 443-2010TRANSCRIPT OF PROCEEDINGS Page 11 I 1 again suggest and appreciate DEQ's reviewofour 2 suggestions. 3 Thank you. 4 HEARINGOFFICERORR : And does this mean, then, 5 that the Department wouldlike to incorporate your rule 6 changes? 7 MR

. KAKUK

: Ma'am, I'll let the Department speak 8 to that . 9 HEARINGOFFICER ORR : Okay. 10 MS. SKIBICKI : Forthe record, again, my name is 11 Debbie Skibicki, and I represent the Department. The only 12 suggestion that we had under Section (5)(c) was to strike 13 the "also." So it would sayonly, "The department shall 14 extend the comment period." The Department supports and 15 agrees with the proposed changes by Mr. Kakuk. 16 HEARING OFFICER ORR : Okay, thank you. 17 Does anyone else wish to speak regarding these rules? 18 Don? 19 MR

. ALLEN

: For the record, my name is Don Allen, 20 and I'mthe executive director of the Western 21 Environmental Trade Association, WETA. And I would just 22 simply concur with the amendments that Mr. Kakukpresented 23 and also with the amendments that the Department wanted. 24 I wouldjust say that I believethe amendments 25 suggested by Mr . Kakuksimply clarify the -- the intent of Page 12 1 what we were saying in the session andwhat the intent of 2 the rule was. So we wouldjust simply go on record in 3 concurrence with that. 4 HEARINGOFFICERORR : Great. Thankyou

. 5 Anyone else who is in the room have anyobservations 6 to put on the record? 7 (Noresponse.) 8 HEARINGOFFICERORR : 9 forward, this matter is closed. No one wanting to come 10 Written comments canbe provided up to October l Oth, 11 2005
. They have to be postmarked on or before that date. 12 This rule will most likely be presentedto the Board 13 when it meets on December 2nd of2005, at whichtime I 14 will have prepared a report and the Department will have 15 prepared a rule notice, a notice ofadoption. 16 So without anything else to add, we'll close the 17 hearing. Thankyou all . 18 (The proceedings were concluded at 1 :47 p.m .) 19 ****** 20 21 22 23 24 25 Page 13 COURT REPORTER'S CERTIFICATE STATE OF MONTANA )

ss. COUNTY OF LEWIS ANDCLARK ) I, CHERYL ROMSA, Court Reporter, NotaryPublic in andfor the County ofLewis andClark, State ofMontana, do hereby certify

: That the foregoing proceedings were reported by me in shorthandand later transcribed into typewriting; and that the -12- pages contain atrue record of the proceedings to thebest ofmy ability . INWITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this 12th dayof October 2005. CHERYL A . ROMSA Court Reporter - Notary Public My Commission Expires 8/4/2007

5 (Pages 11 to 13) LESOFSKI &WALSTADCOURT REPORTING

(406) 443-2010TRANSCRIPT OF PROCEEDINGS Page 1

-~ A ability 13:14 Act 8:21,23 action 8:6,18,20 actions 9:23 add 12 :16 addition 8:7 9:3 address 4

:25 5:22 addressed 5:20 administrative 3:24 4 :2 4:4,7 5:15 9:8 adopt 4:19,20 7:6,9 10:10 adoption 4:13 9:7 12:15 Advisory 9:6 affixed 13 :17 afternoon 10:7 agencies 4

:6,7 agency 3:13 4

:12,14,19 4:20 5:3,8,9 agrees 11 :15 air 3:7 6:3,23 7:2,8,14 7:19 8:19 9:6 Allen 2 :8 11 :19,19 allow 7:24 8:4,7 Allowing 7:23 ,'-Amdahl 8:9 .nend 4:19,20 6

:3,25 amendment 1 :6 3:7 4 :13 9 :3 10:16 amendments 9:7 10:13 10:25,25,25 11 :22,23 11 :24 analysis 8:16 Annotated 3:22 6

:8 appear 4

:23 applicability 9:20 applicant 7:12 8:2 application 7:13 applications 1 :7 3:8 6:4 7:1 applies 8:21 appreciate 11 :1 appropriateness 7:16 approval 7:13 areas 5:10 ARM 1 :7 3:7 6:25 9

:8 assessing 8:12 assessment 8:21,23 9:2 assigned 3:12 assistant 3:11 Association 10:9,24 ' 11 :21 .Utached 4

:6 Ends 5:7

. attention 4 :24 attorney 3:11 8:9,22 August 5:16 authority 4

:12 6:6 automatic 9:21 available 3:17 Avenue 1 :17

B Based 8:24 basis 6:13 7:10,16 beginning 1 :14 believe 11 :24 best 13:14 bill 4 :18 6:5 7:5 10:11 bit 7:4 9:17 board 1 :3 3:13 4

:9 5:20 5:21 6:2,6 7:6,9 8:20 12:12 boards 5:4 Box 5:1 branch 4

:6 bring 4:24 Building 1 :17 3:5 5:21 Bureau 3:13 6:23

C c 10:20 11 :12 called 3:2 case 4 :7 9:20 certain 7:8 CERTIFICATE 13:1 certify 13:9 CFR9:20 change 9

:17 changes 1 :15 9:18 11 :6 11 :15 checklist 8:23,24,25 Cheryl 1 :19 3:10 13:7 13 :20 circumstances 7:20,21 7:25 clarify 11 :25 Clark 13:4,8 close 12:16 closed 12:9 code 3:22 5:2 6:7 come 6 :16,19 10:5 12:8 comment 5:7 6

:4 7:11 9:22 10:21 11 :14 comments 2:5,6,8 4:22 5:19,19 7:8,19 8:4 12 :10 Commission 13:21 Committee 3:24 committees 4:3,4,11,21 comparable 8:11,14 comparing 8:10 complete 5:12,23 completed 8:24 completion 8:22,25 complex 7:14 concerns 10:11 concluded 12:18 concur 11 :22 concurrence 12:3 conditions 7:16 conduct 3:14 7:18 consider 7:25 considerable 7:15 consistent 4:17 contain 13:13 contained 5:14 6:7 7:17 Contractors 10:9,24 Control 9:6 Copies 3:16 copy 3:18 5:23 Council 4:3 9:6 County 13:4,8 court 1 :19 3:9 6:16 13:1,7,21 covering 3:10 create 5:4 currently9:15

D D2:1 daily 9:4 damage 9

:1 date 12:11 dated 10:13 day 1 :14 13:17 days 7:7,11,17 8:7 9

:22 Debbie 2:5,7 6:21 11 :11 December 12:13 decision 7:12 10:18,19 delivered 5:20 denial 7:13 department 1 :16 4:8 6:10,14,15,19,22,24 6:24 7:2,10,24 8

:5 9 :7,13,19 10

:20,22 11 :5,7,11,13,14,23 12:14 Department's 7:12 9

:5 DEQ8:9 10:15,17,21 10:22 DEQ's 11 :1 designate 5:10 designated 3:14 determine 4:16 determining 8:1 develop 7:15 difficulties 4:24 directing 4

:19 director 11 :20 discretion 8:20 discussed 9:18 documents 7:14 Don2 :8 11 :18,19 door 3:17 5:9 draft 7:8 drafted 9:15

E E 2 :1 East 1 :17 economic 4:15 enacted 7:5 engineering 6

:21 entities 4:6 environmental 1 :3,16 3:13 4 :3,9,9 6:2,6,21 6:22 11 :21 EPA9:11 EPA's 9 :14 EQC4:4,8,11,21 estimated 4:14 evaluation 4

:5 everyone's 3:25 Examiner 1 :18 executive 4

:6 11 :20 existing 4

:25 10:12 Expires 13:21 extend 6:4 7:10 8:6 10:21,22 11 :14 extension 7:22,23 8:1,2 9:21 e-mail 5:22F federal 8:8,11,14 figured 9:14 fill 3:20 final 7:12 five 9:4 follow6:15 following 3:1 follows 6:10 foregoing 13:11 form 3:20 forms 5:9,12 forward 10:5 12:9 fully 10:18 function 3:24 4

:2 functions 4:5,8 further 8:15 9:1 G genera13:12 General's 8:23 give 3:215:22 go 12:2 going 3:25 Good 10:7 Granting 8:2 Great 12:4 ground 10:5 guidelines 8:15

H hand 13:16 HB 8:10,11,13,15,17 9:2 hear 6 :17 heard 4:16:12,13 hearing 1 :11,15,18 3:2 3:2,4,6,9,15,16,20 5:7,14,17,19,24,25 7:3 9 :10,13,24 10:2,4 11 :4,9,16 12:4,8,17 hearings 3:23 held 1 :16 5:18 Helena 1 :18 5:1 hereunto 13:16 House 6 :5 7:5 10:11 I impact 4:15 7:20 8:12 implement 10:10,11 implications 9

:1 included 5:24 including5:3 incorporate 11 :5 independent 8:6 individuals 7:21 indulgence 4:1 informed 5:8 10:18,19 instances 7:17 insufficient 7:18 intent 4 :17 9:19 11 :25 12:1 interest 5:117:24 interested 5:4,6,10,18 5:23 8:5 9

:5 interim 4:2,4,11,21 introduce 4

:18 invite 4 :22 6:18 involves 8:18 issue 5:16 J 11

LESOFSKI &WALSTADCOURT REPORTING

(406) 443-2010TRANSCRIPT OF PROCEEDINGS Page 3

Trade 11 :21 15-day 8:4 9:21 transcribed 13:12 1520 1 :17 TRANSCRIPT 1 :11 15315:17 true 13:13 17-228 5:15 two 10:16 17.8.759 1 :7 3:7 6:25 typewriting 13 :12 9:8

U 2 understand 10:10 2nd 12:13 understanding 7:15 2-4-302(2)(a) 5:3 undertake 6:7 2-4-302(7)(a) 3:22 unique 7:21,25 2005 1 :14 3:4 5:16 7:6 use 8:18 12 :11,13 13:18 useful 7:19 2017065 :1 V 3 vary 7:22 3 2:4 3rd 1 :14 3:4 30 8:7 9:22 Walstad 3:10 3118:11,17 9:2 wanted 11 :23 wanting 12:8 4 wants 3:18 6:12 4th 10:14 warranted 8:1 40 9:20 way 9:15 welcome 4:22 5 Western 11 :20 5 10:17 11 :12 WETA 11 :21 5218:10,13,15 we'll 6:14 12:16 5816:5 7:5 10 :11 WHEREOF 13 :16 596205:1 widely 7:22 wish 11 :17 6 wishing 6

:11 10:4 62:5 WITNESS 13:16 63 9 :20 Wittenberg 5:22 word 10:23 23 7

, writing 8:3 7 10:17 written 3:19 4

:23 5:7 75-2-1116 :8 5:19 9:11 12:10 75-2-2116 :5 X 8 X2 :1 8/4/2007 13:21 1 1 :30 1 :15 3:3 1 :47 12:18 10 2:6 10th 12:10 112 :7,8 11th 5:16 Ill 1 :17 3:5 12 13:13 12th 13:17 13 10:19 1458 5:16 155:16 7:7,11,17 8:8 LESOFSKI &WALSTAD COURT REPORTING (406) 443-2010

# 12

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### AGENDA BOARD OF ENVIRONMENTAL REVIEW THURSDAY &FRIDAY, DECEMBER 1 & 2 METCALF BUILDING, CONFERENCE ROOM 111 1520 EAST SIXTHAVENUE, HELENA, MONTANA NOTE: Individual agenda items are not assigned specific times. For public notice purposes, the Board will begin the meeting at the time specified. However, the Board might not address the specific agenda items in the order they are scheduled. Persons with disabilities who need an accommodation in order to participate in this meeting, should contact the Board Secretary at (406) 444-2544 . DECEMBER 1 1 :30 P.M

. I . CBM

RULEMAKINGHEARING

II
. The Board will hold a hearing to take written and oral comment .on proposed amendments to ARM 17.30.670 and 17.30.1202 pertaining to nondegradation requirements for electrical conductivity and sodium adsorption ratio and definitions for technology-based effluent limitations and the adoption of new water quality Rules I through X pertaining to minimumtechnology-based controls and treatment requirements for the coal bed methane industry. GENERAL PUBLICCOMMENT Under this item, members of the public may comment on any public matter within thejurisdiction of the Board that is not otherwise on the agenda ofthe meeting
. Individual contested case proceedings are not public matters on which the public may comment. DECEMBER2 9:00A.M

. I
. ADMINISTRATIVE AGENDA ITEMS A . Review

and approve minutes of September 30, 2005, meeting. B . Set 2006 Meeting Schedule; Budget Information. II . BRIEFINGAGENDA ITEMS

, A . CONTESTEDCASE UPDATE : 1 . Cases assigned to Hearing Officer Katherine Orr a. In the matter of CR Kendall Corporation's request for a hearing, to appeal . DEQ's decision to deny a minor permit amendment under the Metal Mine Reclamation Act (BER 2002-09 NM

. The Hearing Examiner, upon request of the parties, has vacated the hearing schedule placed the case on hold until further notice of one or more of the parties or upon initiative ofthe Hearing Examiner . b . In the matter of the Petition for Review of Hazardous Waste Final Permit No. MTHWP03-O1 issued to Flying J Petroleums, Inc. (BER 2003-14 HW)

. Flying J has requested a hearing under the Montana Hazardous Waste Act to review the final decision of DEQto issue a - Hazardous Waste Final Permit to Flying J for its former refinery located near Cut Bank. Counsel for the parties stipulated to a stay of contested case proceedings while they discussed the terms of an order that could resolve this case. However, 'the case was not settled and the parties proposed a schedule for contested case proceedings. On April 5, 2005, the Hearing Examiner issued a scheduling order. The final prehearing conference was set for January 10,Board of Environmental Review

December 1 & 2, 2005 Page 2 of 4 2006. On August 23, 2005, the Hearing Examiner, Katherine Orr, issued a notice of

Assumption of Jurisdiction retaining all deadlines except the discovery deadline, which was extended until October 25, 2005. In the matter of Violations of the' Montana Water Quality Act by the City of Lewistown Wastewater Treatment Plant (BER 2004-15 WQ)
. On October 20, 2004, the Board received a letter from the City Manager of Lewistown appealing assessment of $11,608 in administrative penalties for violations of the Water Quality Act . On September 21, 2004, DEQ had issued an Administrative Penalty Order for six discharges of sewage into Big Spring Creek
. The parties proposed a schedule for contested case proceedings on March 1, 2005, and the Hearing Examiner issued a scheduling order
. The final Prehearing Conference was set for October 12, 2005. The parties have requested a stay of proceedings pending settlement discussions . The interim dates in the scheduling order have been vacated by the Hearing Examiner, Katherine Orr until October 7, 2005. The Hearing Examiner has requested the parties to file a proposed scheduling order by November 15, 2005. It is expected that the parties will ask for an extension to finalize the details of a supplemental environmental project (SEP)
. d. In the Matter of Violations of-the Montana Water Quality Act by Bar S Livestock, Inc., Toole County, Montana (BER-2005-06 WQ)
. Bar S Livestock, Inc. requested a hearing on the Notice of Violation and Administrative Compliance and Penalty Order issued by DEQrelating to the alleged failure of Bar S Livestock, Inc. to comply with the requirements of the general permit for the CA TO it operates near Shelby
. The parties agreed on a schedule. Upon written request of the parties dated August 10, 2005, the scheduling order has been vacated by Hearing Examiner, Katherine Orr, pending settlement discussions up to October 7, 2005. At this time, the case will be submitted as settled or a revised hearing schedule will be developed. On October 7, 2005, the parties requested that they be given more time to finalize the settlement documents . The Hearing Examiner have given the parties until December 7, 2005 to do this. e. In the matter ofViolations of the Water Quality Act by ASARCO, Inc., (BER 2005-09 WQ)
. The Board received a request .for hearing regarding, an Administrative Penalty Order issued by DEQfor the alleged failure to pay annual permit fees on the MGWPCS permit for discharges fromthe Paymaster Mine Adit located in Lewis and Clark County. DEQclaims ASARCOshould have paid permit fees for a permit that ASARCOargues should have been terminated in 2002. The parties requested until July 19, 2005, to submit a schedule or settlement papers and the Hearing Examiner granted the request . On August 24, 2005, the Hearing Examiner issued a notice of Assumption of Jurisdiction and upon reviewof the Department's proposed hearing, schedule, set a date for a Prehearing Conference of December 14, 2005 atwhich time a date for the hearing will be determined. f . In the .matter of Violations of the Montana Operator Certification and Public Water Supply Laws by Richard Kelly at the Ten Mile-Pleasant Valley Lagoons, Lewis and Clark County (BER 2005-13 PWS)
. The Board received a request for hearing on May 17, 2005, regarding the Notice of Violation and Administrative Compliance and Penalty Order issued .by DEQ for the alleged operation of a public sewage systemwithout a certified operator. Under the scheduling order, the final prehearing conference was set for November 7, 2005.. A pre-hearing conference was held on November 14, 2005 and a contested case hearing has been set for November 22, 2005. g. In the matter of the issuance of the Air Quality Permit for the Roundup Power Project, Permit No. 3182-00 (BER 2003-04 AQ)
. On June 6, 2005, the Montana Supreme Court remanded an appeal to the District Court . On June 15, 2005, the district Court remanded the case to the Board. The Board was to decide whether to make a new decision based on theBoard of Environmental Review

December 1 &2, 2005 Page 3 of 4 record or to receive additional evidence. On July 29, .2005, the Board issued an Order Staying

Contested Case Proceedings indefinitely. On August 24, 2005, Hearing Examiner issued an Assumption ofJurisdiction referencing the Order Staying Contested Case Proceedings . B. OTHER BRIEFING ITEMS 1 . TMDL Update III . ACTIONAGENDA ITEMS A . REPEAL, AMENDMENT ORADOPTION OF FINAL RULES: 1
. Amend ARM

17.8.759 pertaining to review of permit applications and extending public comment periods . Presiding Officer Katherine Orr conducted the public hearing on October 3, 2005
. Several interested parties submitted written public comments. The Department has prepared a draft final notice modifying the proposed amendments by incorporating some of the public comments, and recommends adoption of the proposed amendments with the modifications. 2. Amend ARM17.8.743 and adopt NewRules I through VI pertaining to air quality permit applications and air emission control requirements for certain oil or gas well facilities
. Presiding Officer Katherine Orr conducted .the public hearing on October 4, 2005. Several interested parties submitted written public comments. The Department has prepared a draft final notice modifying the proposed amendments by incorporating some of the public comments, and recommends adoption ofthe proposed amendments with the modifications
. B. INITIATION OF RULEMAKIh1GANDAPPOINTMENT OF HEARING OFFICER: The Department will propose that the Board concur in its recommendation to initiate rulemaking to: 1 . Update rules adopted under the Metal Mine Reclamation Act (ARM 17 .24.101, et seq. and the Strip and Underground Mine Reclamation Act (ARM17.24.301, et se . to BB 428 and 429 enacted by the 2005 Montana Legislature. BB 428 streamlines and makes uniform the enforcement procedures applicable to state mining laws, including the Metal Mine Reclamation Act and the Strip and Underground Mine Reclamation Act . BB 429 amended sixteen environmental laws, including the Metal Mine Reclamation Act and the Strip and Underground Mine Reclamation Act, to provide standardized penalty factors that must be considered in determining a penalty in an enforcement action. 2. Amend ARM

17.8.504, 17.8.505, and 17.8.744 and adopt NewRules I through IX to establish a registration systemfor certain facilities that presently require an air quality permit . The proposed newrules would establish a general registration systemand would establish rules that apply the systemto oil and gas well facilities. 3. Amend ARM

Title 17, Chapter 8, subchapters 8 and 9 to adopt federal_reforms to the New Source Review permitting regulations as set forth, in 40 CFR 51 .165 and 40 CFR 51 .166. Portions ofthe federal rules vacated or remanded by the DC Circuit Court of Appeals Ruling ofJune 24, 2005, are not included in the proposal . 

### C . FINAL ACTIONONAPPEALS: 1 . In the matter ofViolations of the Opencut Mining Act by Kenneth Mikesell, d/b/a Mikesell Gravel Mine, Meagher County, (BER 2005-10 OC)
. DEQ issued a notice of violation, statement of proposed penalty, and cessation and abatement order for mining outside the permitted boundary. Under the scheduling order, the final prehearing conference was set for October 3, 2005. On August 24, 2005, the Hearing Examiner, Katherine Orr issued a notice ofAssumption ofJurisdiction. The parties submitted a Stipulation for Dismissal on October 24, 2005.Board of Environmental Review

December 1 &2, 2005 Page 4 of 42. In the matter of the notice of Violation of the Opencut Mining Act by Mickelson Rock

Products, LLC at the Tricon Pit #2, Mineral County (BER 2005-12 OC)
. DEQissued a notice ofviolation and statement of proposed penalty for alleged mining without a permit . On October 19, 2005 the parties submitted an Administrative Order on Consent . 3. In the matter of Violations of the Montana Public Water Supply Laws by Darwin Simac d/b/a Jackson Creek Saloon, Montana City, Jefferson County (BER 2005-05 PWS)
. The Board received a request for hearing on January 31, 2005, regarding a Notice ofViolation and Administrative Compliance and Penalty Order for various alleged violations of the Montana Public Water Supply Laws. The parties agreed on a schedule
. Under the scheduling order, a hearing was held on August 23, 2005, before the Hearing Examiner, Katherine Orr. An Order of Recommended Findings of Fact and Conclusions of Lawwill be issued for the Board's review prior to the December 2, 2005 meeting
. 4. In the matter of the Denial of the Approval of Subdivision Plans of Sunnyside Orchards #1, Block 6, Lots 29,30 and 31, Ravalli County, EQ# 05-2598 (BER2005-15-SUB)
. On June 29, the Board received a letter fromCleatus Johnson, a subdivision applicant, appealing the denial of his subdivision application for failure to submit adequate application information. Hearing Examiner Katherine Orr issued a First Prehearing Order on August 17, 2005, requesting the parties to propose a hearing schedule by August 29, 2005. Upon application to the Hearing Examiner, the parties have until September 19, 2005 to submit a proposed pre-hearing and hearing schedule. On September 16, 2005 the parties requested an additional 60 days until November .18, 2005 to submit an agreed schedule. The parties have been ordered to submit a proposed prehearing and hearing schedule by November 18, 2005. The appellant has withdrawn his appeal and the Board will be evaluating an Order ofDismissal . D . NEW CONTESTED CASE APPEALS: 1 . In the matter. of the request for hearing ofJay Gasvoda, d/b/a Gasvoda Construction, BER 2005-17 OC, regarding the Notice of Violation and Statement of Proposed Penalty issued by DEQon September 14, 2005. On October 6, 2005, the Board received the appeal letter fromMr. Gasvoda appealing the issuance of a Notice of Violation and Statement of Proposed Penalty concerning an opencut mining operation. A First Prehearing Order was issued on November 7, 2005 . The parties have until November 18, 2005 to propose a hearing schedule. 2. In the matter of the appeal by the Town of Ennis, BER 2005-18 WQ, regarding MPDES Permit No. MT0030732. On October 6, 2005, the Board received notice from Ralph Hernandez, Mayor, that the Town of Ennis appeals its MPDES permit for its wastewater discharge system, which was recently issued by DEQ . A First Prehearing Order was issued on November 7, 2005. The parties have until November 18, 2005 to propose a hearing schedule. 3. In the matter of the appeal by Westmorland Resources Inc., BER 2005-19 SM (strip mining), appealing the issuance of a Notice of Violation and Statement of Proposed Penalty. A First Prehearing Order will be issued prior to the Board- hearing. IV . GENERAL PUBLIC COMMENT Under this item, members ofthe public may comment on any public matter within thejurisdiction of the Board that is not otherwise on the agenda of the meeting. Individual contested case proceedings are not public matters on which the public may comment
. V . ADJOURNMENT

# 131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE MONTANA BOARD OF -ENVIRONMENTAL REVIEW

BOARD MEETING Z Tune---3--, 2005 ) ) )

TRANSCRIPT OF PROCEEDINGS

Heard at Room 111 of the Metcalf Building

1520 East Sixth Avenue Helena, Montana December 2, 2005 9 :00 a .m. _
BEFORE CHAIRMAN JOSEPH RUSSELL ; BOARD MEMBERS HEIDI KAISER, GAYLE SKUNKCAP, BILL ROSSBACH, ROBIN SHROPSHIRE, and DON MARBLE

PREPARED BY : LAURIE CRUTCHER, RPR COURT REPORTER, NOTARY PUBLICP .O. BOX 1192 HELENA, MT 59624 (406) 442-8262 

# OR[GINAL1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20~ 21 22 23 24 25 modifications to municipal wastewater systems, the

Department does have a State revolving fund program with good resources . It's heavily tapped, but there are pretty significant re.sources available for financing of these modifications, and we began several years to begin to integrate the TMDL process into the prioritization for funding under that program as well . As we complete more TMDL's, we need to continue to integrate that, so that when we prioritize funding requests under that program, that those TMDL priorities perc to the top of the list, we more heavily weight that criteria . We've started down that road . CHAIRMAN RUSSELL : Thanks . Are there any other questions for --



### (No response) CHAIRMAN RUSSELL : Nice job, George . The next item on the agenda is : We're into the repeal, amendment, or adoption of final rules . And the first item on the agenda is the executive summary for action on rulemaking on ARM 17 .8 .759 . And Katherine, you conducted a hearing on that? MS . ORR: Yes, Mr . Chairman . And Mr . LAURIE CRUTCHER, RPR 406-442-8-262 3 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Homer said he would come up and provide a summary for the Board .

CHAIRMAN RUSSELL : Thank you . MR . HOMER : Good morning, Mr . Chairman . As you pointed out, the Board held a hearing on this on October 3rd . The issue at hand was implementation of House Bill 581 from the last session . Comments were received from the public . The Department has prepared a draft notice of adoption that addresses some of those comments .

The two major comments were to provide a standard by which the Board could judge whether or not to extend public comment ; and EPA submitted a comment requesting that we mandate a 30 day review period for permits that are implementing a MACT,
or a hazardous air pollutant standard . The Department is proposing to include both of those, stating we shall extend the comment period for MACTs, and then applying a standard of if Department finds that an extension is necessary to allow us to make an informed decision .

If there's any other questions, I'd be
more than happy to answer them . MR . MARBLE : I have some questions . Where in the packet is the thing we're-talking LAURIE CRUTCHER, RPR 406-442-8262 311 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21I' 22 23 24 25 . about? CHAIRMAN RUSSELL : It's III(A)(1)
. It should be pretty close to the top .

MS . SHROPSHIRE : To clarify, for public comment on extending public comment periods on what specifically? I'm confused .

MR . HOMER: Mr . Chairman, Ms . Shropshire, the Clean Air Act statutorily requires certain public comment periods . For three major types of actions, a 30 day comment period is mandated . For other actions, a 15 day comment period is mandated . House Bill 581 added a provision to that, allowing the Department to extend the 15 day comment period to 30 days . This ; rule adopts the standard -- The Board is setting the standard that the Department will use when determining to extend that .

MS . SHROPSHIRE : How does it tie to MEPA? Does MEPA have a certain day limit for public comment, or it just says public comment has to be incorporated?

MR. HOMER: Mr . Chairman, Ms . Shropshire, the MEPA process and the permitting process is two entirely two processes . They happen at the same time . When an EA is done, when LAURIE CRUTCHER, RPR 406-442-8262 321 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

- 18I 19 20 21 22 23 24 25 we do just a normal MEPA review for every permit

that we issue, we do that based on the required permit time frames . So we will issue our draft EA when we issue our preliminary permit, and the final EA goes with the final permit .

Where an EIS is required, then the statute provides extended time frames for issuance of a permit, and the MEPA comment time frames then are the governing requirements .

CHAIRMAN RUSSELL : Any other questions
_ for Chuck? MR . MARBLE : This is Paragraph 5, this is 17 .8 .759?

MR. HOMER : Yes . MR . MARBLE : It says in there you want to add language that if the Department finds an extension is necessary to allow the Department to make an informed decision, and then you've got an "A" and a "B," and "B" says, "shall extend the comment period if preliminary determination contains one or more of these requirements," and so on . So does this say that if it contains one of those, you automatically will grant an extension regardless of what it says up here about, "If an extension is necessary to make an LAURIE CRUTCHER, RPR 406-442-8262 331 2 3 4

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 informed .decision"? MR . HOMER : Mr . Chairman, Mr . Marble, this is kind of a delicate issue to address . As I stated before, the statute mandates the comment periods for the permits . EPA's MACT rules mandate a comment period for establishment of a MACT standard . A rule cannot be more stringent, and it cannot change the statute . So we couldn't adopt a rule that mandated a time frame of 30 days for a permit containing a MACT, because that would be in opposition to the statute . So --

MS . SHROPSHIRE : Why would -- It seems to me that 15 days is more stringent than 30 days .

MR . HOMER : Mr . Chairman, Ms . Shropshire, stringency aside, the statute says 30 days for these permits, and 15 days for these permits . We can't really change that . It doesn't allow the Board the opportunity to do that, other than 581 prescribed that the Department may extend the 15 days . So what this is doing is this is establishing the Board's direction to the Department that for a MACT standard, in order to comply with the federal requirements, in order to be fully informed, we have to use that full 30 days . So while you can't contradict the 15 days
LAURIE CRUTCHER, RPR 406-442-8262 341 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in the statute, you are telling us through this

that you need to make an informed decision, and in order to do that for MACT determinations, it has to be -- M .S . SHROPSHIRE : I would just -- maybe more of a comment, is it seems that it should be easy for the public to comment on these things . That would make sense to me that it's a simple process ., And so in order to extend the comment period, what does someone have to do? Can you just be more -- explain that a little more .

MR . HOMER: Mr . Chairman, Ms . Shropshire, all that this requires is starting at the beginning of five, it says, "The Department may on its own action, or at the request of an applicant or member of the public, request -- or the Department may extend by 15 days ." So if we believe that more time is necessary for public involvement, regardless of whether anyone requests it, we may extend . If someone requests it, we will make a determination whether or not we-need more time to be informed on the decision .

I believe that the Department has never said that public comment will not help us at a,ll . That's not to say there might be a time when we LAURIE CRUTCHER, RPR 406-442-8262 351 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 24 25 view a request to be merely a way to delay

issuance by

. another 15 days, either by a company that doesn't want that permit to go out that way, or by the public . But I think that giving the Department additional information is a fairly easy standard for the public to meet .

CHAIRMAN RUSSELL : Thanks, Chuck . Any further questions for Mr . Homer.? Before we take action, is there anyone in the public that would like to speak to this matter?

MS . HEDGES : Mr . Chairman, members of the Board, Ann Hedges with the Montana Environmental Information Center . I'm responsible for this bill, largely responsible for this bill being introduced in the Legislature and moving through the process and being adopted . I think the Department ha,s done a good job here . I think that the Department always does a very good job of trying to allow the public ample opportunity to comment, and I think the changes that were made here are quite satisfactory . Thank you .

MR . QUANDER : Mr . Chairman, the door having been opened, I'll simply add the comments, some of which went into hearing . I'm Don Quander, and I'm Counsel to Stillwater Mining company, LAURIE CRUTCHER, RPR 406-442-8262 361 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Holsum, Inc ., Exxon Mobile, and actually a number of other folks, and comments offered on behalf of them collectively . We also participated in the legislative process on this .

One thing that was very clear i~n the legislative hearings is that the committee intended the extension to be the exception, not the rule . Quite frankly, as you've heard it just described, it's largely under this language that it's the rule rather than the exception . This is
a pretty easy standard to meet .

While it ought to be the case that the Department would not automatically extend the 30 days, as you have just heard described, that's the easiest course for them to follow, we expect they typically will, and quite frankly, that's dead opposite what the Legislature intended . They intended that they continue the statutory 15 days, they refused to change that to 30 days, but they created a waiver ; because some instances have arisen in the past where people wanted more time, didn't get it, and it was a concern to the committee, and the Legislature felt there ought to be exceptional circumstances where the Department would have the ability to extend for that
LAURIE CRUTCHER, RPR 406-442-8262 372 3 4 5 6 7 8 9 10 1 :1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 additional 15 days . We do not really oppose .that or disagree with that . We are concerned that it not become the rule rather than the exception . That's my only comment, Mr . Chairman .

CHAIRMAN RUSSELL : Anyone else? (No response) CHAIRMAN RUSSELL : Seeing no further comments, I will entertain a motion to adopt the amendments, accept the Hearing Examiner report, the Department's 521 and 311 analysis, and the comments and the responses to comments .

There is only one thing . Katherine, on Page 3 line 22, there is a "B" that shouldn't be in there . MS . ORR: I just crossed that out .

MR . ROSSBACH : So moved . CHAIRMAN RUSSELL : It's been moved by Bill . Is there a second?

MR. SKUNKCAP : Second . CHAIRMAN RUSSELL : Seconded by Gayle . Is there any further discussion?

(No response) CHAIRMAN RUSSELL : Seeing none, all those in favor, signify by saying aye . LAURIE CRUTCHER, RPR 406-442-8262 381

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Response) CHAIRMAN RUSSELL : Opposed . (No response) CHAIRMAN RUSSELL : The next item on the agenda is Agenda Item III(A)(2), and that is executive summary for action on rule amendments on ARM 17 .8 .743 . New rules will be codified in new Subchapter ARM 17, Title 17, Chapter 8 . Tom . MR . LIVERS : Mr . Chairman, you'll get a chance to hear from Mr . Homer on this one .

MR . HOMER: Mr . Chairman, members of the Board, I'm not sure I introduced myself last time . I'm Charles Homer, and I'm with the Air Resource Management Bureau, the Technical Support Section .

The Board held a hearing on this rule on October 4th, and again, comments were received from the public . The Department has prepared a draft notice of final adoption addressing those comments . I'll quickly go through those .

One comment requested that a definition of "potential to emit" be added . That was done . It is the same definition that we used throughout our program for all permitted sources .

One comment also said that we needed to clarify exactly which facilities this applied to . LAURIE CRUTCHER, RPR 406-442-8262 39

# 14

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

### December 20, 2005 Dear Interested Party / APCACMember / Repository: RE: PUBLIC HEARING -Establishing a general registration systemand applying that systemto traditional oil and gas well facilities ; and NOTICE OF ADOPTION - (1) Review of permit applications and extending public comment periods; and (2) Permits for oil and gas well facilities I have attached MARNotice No. 17-238, the notice ofpublic hearing on the proposed amendment ofARM 17.8.504, 17.8.505, 17.8.744, and 17.8.1204, and the adoption of new

rules to establish a general registration system for certain facilities that presently require an air quality permit, and to apply that systemto traditional oil and gas well facilities. The Montana Department of Environmental Qualitywill conduct a public hearing on January 23, 2006, to receive comments regarding these proposed amendments. The notices ofadoption are attached for (1) the amendment ofARM 17.8.759, pertaining to reviewofpermit applications and extending public comment periods (MARNotice No. 17-228) ; and (2) the amendment ofARM 17.8.743 and adoption of new

rules pertaining to permitting oil and gas well facilities (MAR Notice No. 17-229)
. Ifyou have questions regarding these notices, please call me at (406) 444-9741 . The notices may also be found on the DEQ website by going to the following and then clicking on the appropriate link: http://www .deq.mt .gov/dir/leaal/index.asp. Sincerely,

Air Quality Specialist Air Resources Management Bureau Montana Department of Environmental Quality E-mail : janbrown@mt .gov Brown



### Enclosures

Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division-2663-

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA In the matter of the amendment) NOTICE OF AMENDMENT of ARM 17 .8 .759 pertaining to ) review of permit applications )
. (AIR QUALITY) TO: All Concerned Persons 1 . On August 11, 2005, the Board of Environmental Review published MAR Notice No . 17-228 regarding a notice of public hearing on the proposed amendment of the above-stated rule at page 1476, 2005 Montana Administrative Register, issue number 15 . 2 . The Board has amended the rule as proposed, but with the following changes :

17 .8 .759 REVIEW OF PERMIT APPLICATIONS (1) through (4) remain as proposed .

. (5) The department may, on its own action, or at the request of the applicant or member of the public, extend by 15 days the period within which public comments may be submitted as described in (4) (b) (ii) and the date for issuing a final decision on a permit application as described in 75-2-211(9)(b), MCA, under the-fellewing eendi-tre-ns : if the department finds that an extension is necessary to allow the department to make an informed decision . (a) ; f }he department finds that--an-e3Etensien weuld serve

(a) Any request for an extension, as provided under (5), by the applicant or a member of the public must be submitted to the department by the date that written comments on the preliminary determination originally were due . (b) The department shall extend the comment period if the preliminary determination contains one or more requirements of 40 CFR part 63, as incorporated by reference in this chapter, that require a 30-day comment period . -E-6~ (c) The department shall notify the applicant of any extensions requests that -are granted under (5)
. (7,) remains as proposed, but is renumbered (6)
. 3 . The following comments were received and appear with the Board's responses :

Montana Administrative Register 24-12/22/05-2664-

COMMENT NO. l : EPA commented that it would be more appropriate to require a 30-day public comment period for those preliminary determinations that contain one or more requirements of 40 CFR part 63 instead of the current language, which states that the Department may extend the public-comment period by 15 days (to 30 days) if such requirements were applicable
. RESPONSE : The Board agrees with the comment and has amended the proposed rule to reflect the change . The proposed rule now states, "The Department shall extend the comment period if the preliminary determination contains one or more requirements of 40 CFR part 63 . . ., that require a 30-day comment period ."

COMMENT NO. 2 : The Board received comments that the proposed rule should provide at least some objective criteria by which to determine whether or not a request for an extension should be granted . Specific language was suggested to include the criteria that the Department would need to find that an extension was necessary to allow the Department to make an informed decision
. RESPONSE : The Board agrees with the comment and has amended the proposed rule to reflect the proposed language .

COMMENT NO. 3 : The Board received comments that state while the commentor supported an extension of the comment period for complex applications where there is significant public interest, the rule as proposed would make the 30-day comment period essentially automatic . One commentor requested revised language that would allow for 15-day extensions only when the extension request "sets forth unique circumstances justifying an extension ." Another commentor requested revised language that would require the requestor to provide some specific explanation as to why an extension was warranted and the Department to make some specific finding about why the usual statutory period is inadequate for the permit at hand . RESPONSE : The Board does not find that the hearing record supports requiring the requestor to cite "unique circumstances" or requiring the Department to make a finding that the 15-day comment period is inadequate in order to allow additional public comment . Reviewed by : BOARD OF ENVIRONMENTAL REVIEW
/s/ DA-VID RUSOFF By : /s/ JOSEPH W . RUSSELL DAVID RUSOFF JOSEPH W . RUSSELL, M

.P .H. Rule Reviewer Chairman Certified to the Secretary of State, December 12, 2005.

24-12/22/05 Montana Administrative Register

### LAURAACKERMANN JOE ALINE DONALLEN

DECKER COAL COMPANY SHUMAKERTRUCKING WETA PO BOX 12 PO BOX 1279 2301 COLONIAL DR STE 2A DECKER, MT 59025-0012 GREAT FALLS, MT 59403 HELENA, MT 59601 RONANDERSON LINCOLN CTY HEALTH DEPT 418 MINERAL AVE LIBBY, MT 59923 TINAANDERSON DEQ AIR QUALITY DIVISION 1866 SOUTHSHERIDANAVE SHERIDAN, WY 82801 MARTIN BASTA CITY OF GT FALLS PUBLIC WORKS PO BOX5021 GREAT FALLS, MT 59403-5021 BRADBLACK APCAC BOARDMEMBER POBOX1442 LIBBY, MT 59923-1442 JOAN BOWSHER CITY-COUNTY HEALTH DEPT PO BOX 1723 HELENA, MT 59624 GREG BROWN CHS INC- LAUREL REFINERY POBOX909 LAUREL, MT 59044-0909 ROBINBULLOCK ARCO 317ANACONDA ROAD BUTTE, MT 59701 JIM CARLSON MISSOULA CITY-COHEALTH -- REPOSITORY 301 W ALDER MISSOULA, MT 59802-4123 BRIAN KCLIFTON M .S. R .S. CITY COUNTY HEALTH DEPT_ 115 4THST SOUTH GREAT FALLS, MT 59405 BILL COURTNEY QUANECOLLC POBOX 7370 SHERIDAN, WY 82801 )N DAY 

### STIMSON LUMBERCO 

# 875 HWY2 S LIBBY, MT 59923 TIM BLUME US ARMY ENVIRONMENTAL 729-19TH ST 4THFLRRM 427 DENVER, CO80202-2500 CHIP BREMER CITE PO BOX 12763 RTP, NC27709 JOHN BRUEGGEMAN STATE REPRESENTATIVE 321 LAKEVIEW

DR POLSON, MT 59860-9317 WANDA BURGET POWDER RIVER COAL CO CALLER BOX3034 GILLETTE, WY 82717 BRUCE CLARK GENESIS INC PO BOX 1660 TROY, MT 59935 DALE COCKRELL CHRISTENSEN MOORE COCKRELL POBOX 7370 KALISPELL, MT 59904-0370 FRANK CROWLEY POWERBLOCK BLDG STE 300 HELENA, MT 59624-1185 BARB DOWSKI REG EH &S MANAGER QWEST EH &S 1855 S FLATIRON COURT BOULDER, CO80301 RUSS BOSCHEE YELLOWSTONE COUNTY API POBOX35052 BILLINGS, MT 59107 JEFF BRIGGS SMURFIT-STONE CONTAINEF CORP PO BOX4707 MISSOULA, MT 59806 LEE BRUNER POBOX2000 BUTTE, MT 59702 DEXTER BUSBY MONTANAREFININGCO 190010TH ST NE GREAT FALLS, MT 59404-1955 LORI CLARK FOREST SERVICE AIR QUALITY PROGRAM PO BOX7669 MISSOULA, MT 59807 DANCORTI U OF M

ENVIRONMENTAL HEALTH BLDG 32 MS 9144 MISSOULA, MT 59812 CROWLEY HAUGHEY HANSON TOOLE ANDDIETRICH PLLP PO BOX797 HELENA, MT 59624-0797 RALPHDRIEAR HYDROMETRICS INC 1116 HELENA FLATS RD KALISPELL,IVIT 59901

### VIC DUGAN

EXXONMOBIL 13501 KATY FREEWAY CORPEMCC-L3-536 HOUSTON, TX 77079 NATHAN EKLUND SUMMIT ENVIROSOLUTIONS INC 1217 BANDANA BLVD ST PAUL, MN55108 TODD EVERTS EQC STATE CAPITAL ROOM 106
- DEADHEAD ROBERT DFOOTE EXXONMOBIL CORP 607 EXXON RD BILLINGS, MT 59101 DAVID GALT MONTANA PETROLEUM ASSOC PO BOX 1186 HELENA, MT 59601 ALAN GLUECKERT MILES CITY LAUNDRY POBOX 1409 MILES CITY, MT 59301 LEIF GRIFFIN SMURFIT-STONE CONTAINER CORP POBOX 4707 MISSOULA, MT 59806 WILLIAM

HARBRECHT WESTERN ENERGY COMPANY PO BOX99 COLSTRIP, MT 59323 MARTIN HESTIYIARK US EPA-REGION VIII 8ENF T 999 18THST STE 300 DENVER, CO80202-2405 JIMHUGHES DEQ-BILLINGS

-- REPOSITORY 1371 RIMTOP DR BILLINGS, MT 59105-1978 JOHNW DUNCAN RR#1 POBOX33 JOPLIN, MT 59531 ELLEN ENGSTEDT MONTANAWOODPRODUCTS POBOX1149 HELENA, MT 59624-1149 JAMES FLANSBURG HAYS LODGE POLE SCHOOLS 

# BOX 110 HAYS, MT 59527 ALAN FRONBERG GLACIERENGINEERINGPC 124 1STAVE S STE 17 GREAT FALLS, MT 59401 RONALD GEHRKE BIG SKY MINING CO PO BOX 97 COLSTRIP, MT 59323 JENNIFER GOLDMAN OIL &GAS ACCOUNTABILITY PROJECT POBOX 7193 BOZEMAN, MT 59771 ELLA GUTZKE SHERIDAN MEMORIAL HOSPITAL 440W LAUREL AVE PLENTYWOOD, MT 59254 KATHY HARRIS PE APCACBOARD MEMBER 2205 LIME KILN RD HELENA, MT 59601 LYNN HILL MSE-HKM

INC PO BOX7010 SHERIDAN, WY 82801 ROSE HUGHES THE CONSULTING ENGINEERS 36 S LAST CHANCE GUL STE A HELENA, MT 59601 LINDAJ DWORAK DVM APCACBOARD MEMBER PO BOX 1663 HAMILTON, MT 59840 L AERICKSON ASARCOTROY UNIT PO BOX1660 TROY, MT 59935 WILLIAM

E FLYNN LUZENACAMERICA 767 OLDYELLOWSTONE TR THREE FORKS, MT 59752 PEGGY FRUIT TOWN OF BROADUS PO BOX 659 BROADUS, MT 59317 JOHN GERHART POBOX 283 BELT, MT 59412 ALEXANDRA GORMAN WOMEN'S VOICES FORTHE EARTH POBOX 8743 MISSOULA, MT 59807-8743 RALPHHAMLER MADISONCOUNTY POBOX278 VIRGINIA CITY, MT 59755 ANNE HEDGES MEIC PO BOX 1184 HELENA, MT 59624 DAVIDHRUBES EASTERNMONTANA PO BOX 36 RICHEY, MT 59259 DIANNE HUHTANEN ROCKY MOUNTAIN LABS 903 S 4THST HAMILTON, MT 59840

### BRUCE HUNNER

RAVALLI COUNTY ENV ENFORCEMENT & COMPLIANCE 215S4THSTSTED DEANJOHNSON APCAC BOARD MEMBER BOX 131 GLENDIVE, MT 59330 MICHAEL S KAKUK KAKUK LAW

OFFICES PC POBOX 747 HELENA, MT 59624-0747 BOB KELLY INTERTEC 619 SW

HIGGINS STE S MISSOULA, MT 59803 TOMKIRCHER STILLWATER MINING CO HC54 BOX 365 NYE, MT 59061 LARRY LAKNAR BEAVERHEAD COUNTY SANITARIAN 2 S PACIFICST DILLON, MT 59725-2799 LIONTECHNOLOGIES INC ATTN LIBRARY POBOX 700 LAFAYETTE, NJ 07848 RICHARD LONG US EPAREGIONVIII 8P AR 99918THST STE 300 DENVER, CO80202-2405 DEBMADISON FORT PECKTRIBES BOX 1027 POPLAR, MT 59255 BRUCEJOHNSON SUMMIT ENVIROSOLUTIONS INC 1217 BANDANA BLVD ST PAUL, MN 55108 RILEY JOHNSON NFIB 491 SOPARK HELENA, MT 59601 THOMAS KALLENBACH FLUIDYNE INC &ELK GROVE DEVELOPMENT CO 155ANNIE GLADE DR BOZEMAN, MT 59718-7691 CALVIN KIDNEY WELLS FARGO 877 W MAIN ST 5TH FLOOR BOISE, ID 83702 JERRY D

. KNUTSON WEST TECHSUPPLY & SERVICES PO BOX 80711 BILLINGS, MT 59108 CATHY LAUGHNER BROWNING KALECZYC PO BOX1697 HELENA, MT 59624 CARRIE LLOYD VETERANS AFFAIRS WILLIAMS ST FORT HARRISON, MT 59636 MICHAEL J LUCIANO FARM HARVESTING OF EUREKA PO BOX 1050 EUREKA, MT 59917 WAYNE MARCHWICK CENTRAL MT HEALTH DEPT 305 W WATSON ST LEWISTOWN, MT 59457 DALEJJOHNSON ENVIRONMENTAL HEALTI 4748 RIMROCKRD BILLINGS, MT 59106 DICKJUNTUNEN RESOURCE MGMT ASSOCIATES 259 MCCLELLANCREEKRD CLANCY, MT 59634 JAKE KAMMERERR .S. RAVALLI COUNTY ENV HEALTH 215S4THSTSTED HAMILTON, MT 59840 PAT KIMMET CENEX POBOX909 LAUREL, MT 59044-0909 CHRIS KOLSTAD APCACBOARD MEMBER HC 74 BOX49 LEDGER, MT 59456 MITCHELL LEU PLUM CREEK- APCAC MEMBER PO BOX 160 COLUMBIA FALLS, MT 59912 CHERRY LONEY CASCADE COHEALTH DEPT
- - REPOSITORY 115 4THST S GREAT FALLS, MT 59401-3618 MICHAEL MACHLER APCACBOARDMEMBER 771 TOPAZ AVE BILLINGS, MT 59105 DON MAY MAXIM

TECHNOLOGIES INC PO BOX 2730 MISSOULA, MT 59801 ABRIEL MCAULIFFE BRIAN MCHUGH JOHN MCKENNA SIERRA RESEARCH MAXIM TECHNOLOGIES INC ETS INTERNATIONAL 1801 J ST 618 S 25TH ST 1401 MUNICIPAL RD NW SACRAMENTO, CA95814 BILLINGS, MT 59107 ROANOKE, VA24012-1309

### WILLIAM MCLAUGHLIN 341 CES/CEVC 39 78TH ST N MALMSTROM

AFB, MT 59402- 7536 BOB MONTGOMERY WESTERNENERGY CO PO BOX 99 COLSTRIP, MT 59323, ANNISSA NELSON TANKNOLOGY 470 SCHROCK RD STE L COLUMBUS, OH43229 SANDI OLSEN DEQ REM - DEADHEAD JOE O'ROURKE FH STOLTZE LAND & LUMBER BOX 1429 , COLUMBIA FALLS, MT 59912 MIKE PHILBIN BLM 5001 SOUTHGATE DR BILLINGS, MT 59101 DAN POWERS BUTTE/SB HEALTH DEPT 25 W FRONT ST BUTTE, MT 59701 JIM RAMAKER POBOX760 CHOTEAU, NIT 59422 MIKE RINALDI RS ROSEBUDCOUNTY SANITARIAN 251 NO17TH FORSYTH, MT 59327 JOE RUSSELL FLATHEAD CTY HEALTH DEPT 1035 1ST AVE W KALISPELL, MT 59901 WALTER L MCNUTT AG EQUIPMENT SALES 110 12THAVE SW SIDNEY, MT 59270 TIM MULLIGAN RISK MANAGEMENT DIV POBOX 3767 BUTTE, MT 59702 ALLENNIPPLE SPRING CREEK COAL CO PO BOX 67 DECKER, MT 59025-0067 TRACY OPP STONE ENERGY CORP 950 17TH ST STE 2600 DENVER, CO80238 JIMPARKER PPL MT 1 WAREHOUSE RD COLSTRIP, MT 59323 STEVE PILCHER POBOX 1715 HELENA, MT 59624-1715 DONQUANDER HOLLANDAND HART 401 N31ST ST STE 1500 BILLINGS, MT 59101 JEREMY RHODES 341ST CES/CEV 39 78TH ST N lYIALMSTRM

AFB, MT 59402- 7536 HAL ROBBINS BISONENGINEERINGINC 1400 11TH AVE STE 3 HELENA, MT 59601-4516 PAT SAINDON PLANNING DIVISION MT DOT - ENVIRONMENTAL
- DEADHEAD HELENA, MT ARNIE A MOHL A-1 PAVING 3131 HWY2 E KALISPELL, MT 59901 DARREL MYRAN WESTMORELAND RESOURCES INC BOX449 HARDIN, MT 59034 DAVE NOELL APCAC BOARD MEMBER 1318 BABCOCK CIRCLE BILLINGS, MT 59105 OWENORNDORFF YELP 1087 W RIVER ST STE 200 BOISE, ID 83702 DICK PAULSEN AMERICAN LUNGASSN 825 HELENA AVE HELENA, MT 59601 ELLENPORTER ROSEBURG FOREST PRODUCTS PO BOX 4007 MISSOULA, MT 59806 TIM QUARLES THE RETEC GROUPINC 2048 OVERLANDAVE STE 101 BILLINGS, MT 59102 RANDALL RICHERT CONOCO POBOX30198 BILLINGS, MT 59101-0198 CORRINE AROSE RS TETON/PONDEROSACOUNTY BOX 610 CHOTEAU, MT 59422 GERALD SCHLOSSER SUPR OF PLANT SERVICE 1101 26THST S GREAT FALLS, MT 59405

### CURT SCRIBNER WADE SELLERS JONSESSO

YELLOWSTONE ENERGY LTD SUPERIOR ENTERPRISES BUTTE/SILVER BOW PLAN 2215 FRONTAGE RD POBOX 128 CRTHSE 155W GRANITE BILLINGS, MT 59101-7307 SUPERIOR, MT 59872 BUTTE, MT 59701 JAGADEESAN SETHURAMAN WHITINGPETROLEUM 1700 BROADWAY STE 2300 DENVER, CO80290 PETE SIMONICH COLSTRIP STEAM

ELECTRIC STATION PO BOX38 COLSTRIP, MT 59323 DAVE SIMPSON WESTMORELAND RESOURCES PO BOX449 HARDIN, MT 59034 JAY SKABO MONTANADAKOTA UTILITIES 400 N4THST BISMARCK, ND 58501 PATRICIA SPENCER ENVIRONMENT REPORTER BNA-1231 25THST NW S-382 WASHINGTON DC, DC 20037 RICK STEFANIC BUREAU OF INDIAN AFFAIRS 316 N26TH ST ~BILLINGS, MT 59101 SAM STEPHENSON ARCO 317ANACONDA AVE BUTTE, MT 59701 LARRYSVOBODA US EPAREGION VIII-8P-AR 999 18TH ST STE 300 DENVER, CO80202-2405 RAY TILMAN MONTANARESOURCES 600 SHIELDS AVE BUTTE, MT 59701 TONY TWEEDALE MT CHEER 404 E SPRUCE ST APT 2 MISSOULA, MT 59802-4655 I'EVE WADE BROWNING KALECZYC BERRY &HOVEN POBOX 1697 HELENA, MT 59624 DENNIS J SNOW RS DAWSON CITY SANITARIAN 207 W BELL GLENDIVE, MT 59330 LYNN STABENFELDT MULTISTATE ASSOCIATES INC 515 KING ST ALEXANDRIA, VA 22314 JODEE STEIN WELLS FARGO 175N27ST BILLINGS, MT 59101 STANSTERNBERG MT DOT - ENVIRONMENTAL MT DOT - ENVIRONMENTAL
- DEADHEAD HELENA, MT LILA TAYLOR BOX595 KIRLEY RT BUSBY, MT 59016 STEVE TURKIEWICZ MONTANAAUTODEALERS ASSN 501 NSANDERS ST HELENA, MT 59601 DARYL URAN WILLISTON BASININST PIPEL PO BOX 131 GLENDIVE, MT 59330 GERALDWAGNER BLACKFEET TRIBAL POBOX2029 BROWNING, MT 59417 RICH SOUTHWICK APCACBOARD MEMBER 173 COTTONWOOD RD TOWNSEND, MT 59644 FREDSTEELE CSKT TRIBAL HEALTH BOX 880 ST IGNATIUS, MT 59865 STEPHEN BLANKENSHIP FORD 925 L ST STE 390 SACRAMENTO, CA 95814 FRED STIERS CONOCOINC PO BOX30198 BILLINGS, MT 59107-0198 SHANNONTHERRIAULT CITY COUNTY HEALTH DEPT 301 W ALDERST
- MISSOULA, MT 59802 BARRI TWARDOSKI MAXIM

TECHNOLOGIES INC PO BOX2730 MISSOULA, MT 59806 CALLIE VIDETICH US EPA REGIONVIII-8P-AR 999 18THST STE 300 DENVER, CO80202-2466 BETSYWAHL EPA EPA-DEADHEAD

### SCOTT WALKER

YELLOWSTONE CITY COUNTY 510 NBROADWAY BILLINGS, MT 59101 LINDAWIEGERT MERIDIAN OIL INC 801 CHERRY ST STE 700 FORT WORTH, TX 76102 LARRY ZINK MT SULPHUR&CHEMICAL CO POBOX31118 BILLINGS, MT 59107 FARMERS UNIONOIL CO 1000 SMELTERAVE BLACKEAGLE, MT 59414 KEVINK . WALSH ENVIRONMENTAL CONSULTING 451 FREEDOM

AVE BILLINGS, MT 59105 STEVE DWRIGHT COLUMBIA FALLS ALUMINUM 2000ALUMINUM

DR COLUMBIA FALLS, MT 59912 CARBON COUNTY HEALTH DEPT BOX466 REDLODGE, MT 59068 MONTANA MOTOR CARRIERS 501 N . SANDERS ST #201 HELENA, MT 59601-4552 JOHN WARDELL EPA EPA-DEADHEAD JIM ZABROCKI CUSTER COSANITA RIAN'S OFFICE -- REPOSITORY COURTHOUSE MILES CITY, MT 59301 CENTURY COMPANIES INC BOX739 LEWISTOWN, MT 59457 MONTANAAUDUBON PO BOX 595 HELENA, MT 59624 MONTANAPOWERCO NORTHERNPLAINS PACK & COMPANY CONST POBOX 38 RESOURCE COUNCIL POBOX 8150 COLSTRIP, MT 59323 2401 MONTANAAVE #200 KALISPELL, MT 59904-1150 BILLINGS, MT 59101-2336
Last edited by JB, 12/15/05

# 15

### Montana DEQ

- Legal Unit - Adopted Rule Notices Page 1 of 1

DEPARTMENT OF ENVIRONMENTAL QUALITY

,:-] mw

nome Online Services Administrative Rules of Montana 

# Final Notice of Rulemaking

Effective Purpose 12/23/05 Notice ofAmendment of ARM 17.8.759 ~Air Quality . ._=Perm_it .Applicati ons - MARNoti ce No-1 .7.-228) 12/23/05 Notice ofAmendment of ARM 17.8.743 and Adoption ofNew

Rules I-VI (Air Quality - Montana Air Quality Permits, Oil and Gas Well Facilities-MAR Notice . No. 17-229 10/28/05 Notice ofAmendment of ARM 17.8.504, uality- Air uali yPermit 505, 514 Air Q Applicati .on~Operation and Open Burning Fees -__MAR_NoticeNo-17-226)

Questions or Comments? Contact the Rule Coordinator at (406) 444-2630 Updated: 15 Dec 2005 Privacy &Security Accessibility Contact Us



### http://www

.deq.mt .gov/dir/legal/adoption.asp 12/16/2005

# 16BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA In the matter of the amendment) NOTICE OF AMENDMENT of ARM 17 .8 .759 pertaining to ) review of permit applications ) (AIR QUALITY) TO: All Concerned Persons 1 . On August 11, 2005, the Board of Environmental Review published MAR Notice No . 17-228 regarding a notice of public hearing on the proposed amendment of the above-stated rule at page 1476, 2005 Montana Administrative Register, issue number 15 . -2663-

2 . The Board has amended the rule as proposed, but with the following changes :

17 .8 .759 REVIEWOF PERMIT remain as proposed . APPLICATIONS (1) through (4) (5) The department may, on request of the applicant or member days the period within which public described in (4)(b)(ii) and the decision on a permit application as MCA, that an extension is necessary to an informed _decision. its own action, or at the of the public, extend by 15 comments may be submitted as date for issuing a final described in 75-2-211(9)(b), if the department finds allow the department to make

(a) Any request for an extension, as provided under (5)
. by the applicant or a member of the Public must be submitted to the department by the date that written comments on __the Preliminary determination originally were due.

(b) The department shall extend the comment Period if the preliminary determination contains one or more requirements 40 CFR part 63 as incorporated by reference in this chapter, that require a 30-day comment period . -F6}- (c) The departmentshall notify the-applicant extensions r equests _`_- aEP granted under (5)
. (7) remains as proposed, but is renumbered (6)
. of any
3 . The following comments were received and appear with the Board's responses :

Montana Administrative Register 24-12/22/05 

### ir i hi t t 1, Ih-2664-

COMMENT NO. 1 : EPA commented that it would be more appropriate to require a 30-day public comment period for those preliminary determinations that contain one or more requirements of 40 CFR part 63 instead of the current language, which states that the Department ma extend the public comment period by 15 days (to 30 days) if such requirements were applicable .

RESPONSE : The Board agrees with the comment and has amended the proposed rule to reflect the change . The proposed rule now states, "The Department shall extend the comment period if the preliminary determination contains one or more 'requirements of 40 CFR part 63 . . , that require a 30-day comment period ." COMMENT NO. 2 : The Board received comments that the proposed rule should provide at least some objective criteria by which to determine whether or not a request for an extension should be granted. Specific language was suggested to include the criteria that the Department would need to find that an extension was necessary to allow the Department to make an informed decision . RESPONSE : The Board agrees with the comment and has amended the proposed rule to reflect the proposed language .

COMMENT NO. 3 : The Board received comments that state while the commentor supported an extension of the comment period for complex applications where there is significant public interest, the rule as proposed would make the 30-day comment period essentially automatic, One commentor requested revised language that would allow for 15-day extensions only when the extension request "sets forth unique Circumstances justifying an extension ." Another commentor requested revised language that would require the requestor to provide some specific explanation as to why an extension was warranted and the Department to make some specific finding about why the usual statutory period is inadequate for the permit at hand . RESPONSE : The Board does not find that the hearing record supports requiring the requestor to cite "unique circumstances" or requiring the Department to make a finding that the 15-day comment period is inadequate in order to allowadditional public comment . Reviewed by : BOARD OF ENVIRONMENTAL REVIEW

/s/ D AVID RUSOFF By : If JOSEPH W . RUSSELL DAVID RUSOFF Rule Reviewer JOSEPH W . RUSSELL, M

.P .H. Chairman certified to the Secretary of State, December 12, 2005 .

24-12/22/05 Montana Administrative Register