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 program rules. 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 of ARM 17 .8 .1402, adopted 

by the Board on June 5, 2003 . 

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

Part 51, Appendix V. Also enclosed are two copies of SIP narrative replacement pages. 

If you have any questions concerning the contents of this submission, please direct 

them to Debra Wolfe, Montana Department of Environmental Quality at (406) 444-7916 . 

Sincerely, 

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 by which all comments on the preliminary determination must be submitted 

in writing, which must be within : 

(i) 30 days after the notice is mailed for applications subject to the federal air permitting 

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 other applications, 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 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, if the department finds that an extension is necessary to allow 

the department to make an informed decision . 

(a) Any request foran extension, as provided under (5), by the applicant ora 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 may grant 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 MAR p. 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 review are those required by the Montana Environmental Policy Act and 

the rules adopted by the board and department to implement the Act, ARM Title 17, chapter 4, 

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 MAR p . 3567, Eff. 12/27/02.) 

Rule 17.8 .761 reserved 

17.8 .762 DURATION OF PERMIT (1) A Montana air quality permit is in effect until the 

permit is revoked under ARM 17 .8 .763, amended under ARM 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) A permit issued prior to construction or installation of a new or modified facility or 

emitting unit may provide that the permit or a portion of the 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 request of 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 department shall 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 

becomes final when 15 days have elapsed after the 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 request a 

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 

request for 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 Procedure Act, Title 2, chapter4, part 6, MCA. (History: 75-2-111, 75-

2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff.12/27/02; AMD, 2003 MAR p. 

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 owner or 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) The department shall notify the permittee in writing of any proposed amendments to 

the permit. The permit is deemed amended in accordance with the notice when 15 days have 

elapsed from the 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 . A hearing request must be in writing and must be filed with the board 

within 15 days after the department issues its decision to amend the permit . Filing a request for 

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 Procedure Act, Title 2, chapter 4, part 6, MCA. (History : 75-2-111, 75-

2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02 ; AMD, 2003 MAR p. 

2272, Eff. 10/17/03 .) 

17 .8 .765 TRANSFER OF PERMIT (1) A Montana air quality permit may be transferred 

from one 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 air quality permit may be transferred from one 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 transfer if 

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, or deny a permit transfer within 30 days 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 of permit 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 from rule adoption meeting . 

(13) Transcript from BER 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 

P O. Box 200901 . Helena, MT 59620-0901 * (406) 444-2544 * Website:, www.deq.state.mt.n`s 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, JULY 29, 2005 

METCALF BUILDING, CONFERENCE ROOM 111 

1520 EAST SIXTH AVENUE, 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 :00 A.M. 

I . ADMINISTRATIVE AGENDA ITEMS 

A. Review and approve minutes of June 3, 2005, meeting. 

Draft Minutes 

II. BRIEFING AGENDA ITEMS 

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 Review of 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 review the final 

decision of DEQ to 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, 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. CONTESTED CASE 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 various 
Board 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 on August 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 DEQ relating to the alleged failure of Bar S Livestock, 

Inc . to comply with the requirements of the general permit for the CAFO it 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 

2005-09 WQ). The Board received a request for hearing regarding an Administrative 

Penalty Order issued by DEQ for the alleged failure to pay annual permit fees on the 

MGWPCS permit for discharges from the Paymaster Mine Adit located in Lewis and 

Clark County. DEQ claims ASARCO should 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 2005-10 OC). DEQ issued 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). DEQ denied 

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). 

DEQ issued a notice of violation and statement of proposed penalty for mining without a 

permit . Under the scheduling order, the hearing will 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 DEQ for 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 ITEMS 
Board of Environmental 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. ACTION AGENDA ITEMS 

A. NPRC PETITION FOR RULEMAKING 

On May 17, 2005, the Board received a 70-page petition from 17 entities, including Northern 

Plains Resource Council and Tongue & Yellowstone Irrigation District . The petition contains 

two components: (1) proposed adoption of new rules pertaining to treatment requirements for 

water from Coal 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 

Tom Osborne, HydroSolutions Inc . Draft Testimony 

Schafer Ltd . Analysis of Water Quality 

PowerPoint Presentation 

Petroleum Association of Wyoming Technical Review and Analysis 

B . FINAL ACTION ON APPEALS 

1 . In the matter of the request for hearing of Nature View Estates, Missoula County, 

under Mont. Code Ann. § 76-4-126 (BER 2004-16 SUB). On Noveri3ber 3, 2004, the 

Board received a letter from the law firm representing 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. A proposed 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 a 
Board 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, DEQ gave notice to the Crow Coal Regulatory Program of 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 CONTESTED CASES 

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 Interim Hearing 

Examiner Tom Bowe 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 CONTESTED CASE 

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 memorandum with 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 . 

Tom Bowe, 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 affidavits 
Board 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 legislation was 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 new legislation 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 new standing interim hearing examiner and will reassign all 

current and new contested cases. 

G. MEIC PETITION FOR RULEMAKING 

On July 13, 2005, the Board received a petition from the 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 PUBLIC COMMENT 

Under this item, members of the public may comment on any public matter within the jurisdiction 

of the Board that is not otherwise on the agenda of the meeting. Individual contested case 

proceedings are not public matters on which the public may comment. 

V. ADJOURNMENT 

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 :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 6`h 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 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 from the Department of Environmental 

Quality under the air quality rules. 

5) Interested parties may review a 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 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 

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., 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 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 S W 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 of your 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 

FAX TRANSMITTAL 

(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 FOR LEGAL ADVERTISEMENT 

(ARM 5016-027) 

Message: Please publish the enclosed document in the legal section of your newspaper on 

Sunday, August 28, 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 of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, please call me at (406) 444-9741 . 1 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 
P. 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~. .i~ 

~~~~ 

DV-prartm 4E!~n7t 

P'.4}_ ]Sam 2010901 

August 2°2, 2005 

NTAIL 

of 

~3a1®esi . MT 59620-0901 

FAX TI2-4.NSM[TT Q 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 

Brian Schweiizer, Governor 

(4045) 444-.2544 " www.ri~c~_mt.gov 

RE: PTTBLIC NOTxCE FOR T.EGA~ ?~D'4T1;+ I2TxSEiV.IE1VT 

(A,atM So16-o28) 

Message: Please publish the enclosed doctunent in the legal section of your 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 any questions 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 DFvtsion 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

FAX TRANSMITTAL 

(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 FOR LEGAL ADVERTISEMENT 

(ARM 5016-028) 

www.deq .mt.gov 

Message: Please publish the enclosed document in the legal section of your newspaper on 

Sunday, August 28, 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 of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 ' 

If you have any questions regarding this notice, please call me at (406) 444-9741 . 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 
P, 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 O R LINE FAIL E : 2) BUSY 

E - 3 ) N O AN SWER E 4 ) N O F A CSI M ILE CONN ECTIO N 

r--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_Dhelenair-com 

ja n 

Independent Record 

Ave. 

Helena, MT 59604 

m1a Sc6weaiYzex; Governor 

" (4 0 6) 444-2544 " www_deq .mt_gov 

P ( 5 ) 1~E_ USLIC NOTICE FOR LEGAI. AI7~.ERTISFIVIFIVT 

a.RM o16-ozs 

Message: Please enclosed of your newspaper on 

28, of h 

billing the request 

Department 

publish the docu.tnezit in the legal section 

Sunday, August 2005_ Return the original affidavit of publication and a copy t e 

statement to address below_ This 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 Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

FAX TRANSMITTAL 

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 FOR LEGAL ADVERTISEMENT 

(ARM 5016-029) 

www.deq .mt.gov 

Message: Please publish the enclosed document in the legal section of your newspaper on 

Sunday, August 28, 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 of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, please call me at (406) 444-9741 . 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 
P . 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 of your 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 of Env4ronmental Quality 

Air Resources Management Bureau 

1"_0_ Box 200901 

Helena, MT 59620-0901 

If you have any questions 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_ i arlbrown(}iit. gov 

:Enclosure 

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

FAX TRANSMITTAL 

(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 FOR LEGAL ADVERTISEMENT 

(ARM 5016-030) 

www.deq .mt.gov 

Message: Please publish the enclosed document in the legal section of your newspaper on 

Monday, 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 of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, please call me at (406) 444-9741 . 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 
COMMUNICATION 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 O R LIN E F A IL E- 2 ) BUS Y 

E - 3 ) N O, A N S W E R E- 4 ) N O F ACS IM ILE CO NN ECTI ON 

~ !'' ~$.~~. 

4! 17,;7;~ 

Department of 

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

FAX TPLANSlvnTTAL 

(406) 523-5221 

August 22.2005 

The NIissoulian 

Classfr.~ted Ads 

500 So_ Higgins 

Missoula, 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_LZ ow 

Message_ Please publish the enclosed document in the legal section of your newspaper on 

Sunday,l?,ugust 28,200:5- Return the original affidavit of publication and a copy of the 

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

FAX TRANSMITTAL 

(406) 523-5221 

August 22, 2005 

The Missoulian 

Classified Ads 

500 So. Higgins 

Missoula, MT 59807 

E-mail : legals@missoulian.com 

RE: PUBLIC NOTICE FOR LEGAL ADVERTISEMENT 

(ARM 5016-031) 

Message : Please publish the enclosed document in the legal section of your newspaper on 

Sunday, August 28, 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 of Environmental Quality 

Air Resources Management Bureau 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this notice, please call me at (406) 444-9741 . 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 
5 
Ad 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 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 95 

lays, this comment period 

ind the period for notifying 

an applicant of the Department's final decision on approval or denial of a 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 to Montana's air qualIty rules could affect all parties required to obtain a 

Montana Air Quality Permit 

from the Department of Environmental Quality under 

the air quality rules. 

5) Interested parties may review a 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 West Alder Missoula, Montana 59802 

d) Cascade City-County 

Health Department 

'15 4th Street South 

reat Falls, Montana 59401 

e1 Custer County Sanitarian 

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 

the following d~atqs: via: 

t7.g OS 

Making all ` publication(s) 

M below if 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 claim is made in the attached papers in 

eift-amount of $ 47.75 is not in excess of the minimum rate charged any other 

advertiser for publication of advertisement, set in the same size type and published for the same number of insertions . I further certify that this claim is correct 

and just 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 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 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) 657-1345 
person 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' 

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AFFIDAVIT OF PUBLICATION 

THE GREAT FALLS TRIBUNE 

205 RIVER DR S 

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~v ard 

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 

P UBLIC 

: . 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 Par l6 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 _ Cou ht Health , ~7.A .759,, pertaining to Ye- r°De ay` -, ~~" 

e w of air quality ~ 

"W~ment~~ 

pe rmit 

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J ;301 est Alder 

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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_,provi

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de,a pert-ad' ~`f 

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de in `draff nr~%FjbiSFi- ty- permlis : .The 'amendme would'also provide 

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Department ~W, EnvfP 

feed!, 

Qual(ty. .maY- ex- ¢end~;,'~l'Y'%15 ;,daYs ;:' .this 

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epa~ - ment's' : finaj : "decIsion ;Qn'. 

to . pq~tlcip,qte in -fhis., hear- ~ approval : o~of3 Ii~ig;orineed :6~r"c~'Ife'rriatiGe 

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Signature 

NOTARY PUBLIC for the State of Montana 

Residing in Cascade County 

My commission expires : : 08/14/09 
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Puattc rroncE 

ARM 5018.030,, 

1)_ Dd"boto6si"8'°~bpg''_;' 

MT Dept . Environmental Quality 

Permitting & Compliance Divison 

7-'r) Resources Management Bureau ntana Department of 

irironmetjtat Qiiatity ~ ' 

P .m., a Public headn ac 1 :30- before 9 will be held i Kaiherine Orr, officer presiding 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 

ai~ Pertaining to review of ' 

quality Permit application.. 

- :2j, Rursuattl . .tclcHaus ..~ Bili,5~, -enact py the 2005 Montai9b Legislature, the changes proposed `rule ; would provide a 75 Period of 

-submB 

days in which the public may comments on certairrdraft- air quality permits. 't'he ments amend- would also basis provide the upon which the of Department Environmental Qtuality extend, may by 15 days, this comment period and the period for notifying an apPlicant of the 1)apartme t's ' f~nal declslon 

of a 

on approval or denial Permit application . 

3) The Board will be accepting " public ' comment , ;regarding .the r ~ incorporation ', of -the proposed 4c' ~ amendments 

' Montana into the existing ~, adminisirative 

on, _rules arid ' the in cluslon of the proposed --amendments into Montana's State i nplementation Pfan. - 

4),,The proposed arryen1dments to Montana's air quality 

, affect rules could all parqes'req4'(red 

a to'obfain Montana Air Quatity 

; Permit'from 'I'd Department of Environmental ' Qttality under the ainqu4ii~,,tiles

. 

Sj Interested : parties °'-a 

-copy may review a of the proposed me nd- ~ I m~e,,n_ts on the fnt e rpe).el j°' °` 

~S/~1ID

ea.c tate:m~~ 

i > or-at.th e .following  . , 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 West Aid,, 

Missoula, Montana; 59802 , 

Cascade City-County Health . . Department , . , 

, 115 41h Street 

southa 

g reat -Falls 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. 

: Boiiahlc ., make .rea .;~ 

I 

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

=

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

an ;t~eaiirig o%rieed i~ .

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 

e Pr o Posed 

~ m~nts aritend- elther ln writing, dr~,o',e~~t th9 I haarin9 "~ Written data,>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 

(406) 444-4386 ;- or~sqb- - . ' mlhed electronically 

addressed 'efnallr` ~' to ¢g aov , ~

ihan 5 .+ater :00 p.m ., Q~ober" 1o,`20p5.'- ' ~ `T9 be guaranteed 

' wdtten consideration, -, -~ comments must ba" post= `, + marked-on or before, (Pub that date - . August 29, 2005) 

~7j,plnterested:~p$dies may,~yh .~iheir data, views, 

r, or arguments `conceming th 

Affidavit of Publication 

STATE OF MONTANA 

County of Custer } 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 

500 South 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 HERETO ATTACHED, WAS PRINTED AND PUBLISHED IN THE 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 O P 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 FOR THE 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 TO WORK FOR 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. SIXTH AVE, 

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 FOR YOU 

500 SOUTH HIGGINS AVENUE 

MISSOULA, MT 59801 

PHONE: (406) 721-6200 TOLL FREE: 1-800-332-6212 

FAX: (406) 523-5221 

EMAIL: CLASSIFIEDQMISSOULIAN .COM 
6 
P.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 - Review of 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 

of ARM 17.8 .759, relating to review of air quality permit applications and 

extension of the public comment period for certain permit applications . The 

Montana Department of Environmental Quality will conduct a public 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 of ARM 17.8 .743 and the proposed adoption of new rules pertaining 

to permitting of oil 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 

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 
-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 15-8/11/05 
department 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 

MONTANA PETROLEUM 

SOC 

~ v BOX 1186 

HELENA, MT 59624-1186 

DON ALLEN 

WETA 

2301 COLONIAL DR STE 2A 

HELENA, MT 59601 

MARTIN BASTA 

CITY OF GT FALLS PUBLIC 

WORKS 

PO BOX 5021 

GREAT FALLS, MT 59403-5021 

RUSS BOSCHEE 

YELLOWSTONE COUNTY APC 

PO BOX 35052 

BILLINGS, MT 59107 

JEFF BRIGGS 

SMURFIT-STONE CONTAINER 

CORP 

~ BOX 4707 

_ aSOULA, MT 59806 

LEE BRUNER 

PO BOX 2000 

BUTTE, MT 59702 

DEXTER BUSBY 

MONTANA REFINING CO 

1900 l OTH ST NE 

GREAT FALLS, MT 59404-1955 

LORICLARK 

FOREST SERVICE AIR QUALITY 

PROGRAM 

PO BOX 7669 

MISSOULA, MT 59807 

DAN CORTI 

U OF M ENVIRONMENTAL 

HEALTH 

BLDG 32 MS 9144 

NU-SSOULA, MT 59812 

LAURA ACKERMANN 

DECKER COAL COMPANY 

PO BOX 12 

DECKER, MT 59025-0012 

RON ANDERSON 

LINCOLN CTY HEALTH DEPT 

418 MINERAL AVE 

LIBBY, MT 59923 

BRAD BLACK 

APCAC BOARD MEMBER 

PO BOX 1442 

LIBBY, MT 59923-1442 

JOAN BOWSHER 

CITY-COUNTY HEALTH DEPT 

PO BOX 1723 

HELENA, MT 59624 

GREG BROWN 

CHS INC - LAUREL REFINERY 

PO BOX 909 

LAUREL, MT 59044-0909 

ROBIN BULLOCK 

ARCO 

317 ANACONDA ROAD 

BUTTE, MT 59701 

JIM CARLSON 

MISSOULA CITY-CO HEALTH --

REPOSITORY 

301 W ALDER 

MISSOULA, MT 59802-4123 

BRIAN K CLIFTON M.S . R.S . 

CITY COUNTY HEALTH DEPT 

115 4TH ST SOUTH 

GREAT FALLS, MT 59405 

BILL COURTNEY 

QUANECO LLC 

PO BOX 7370 

SHERIDAN, WY 82801 

JOE ALINE 

SHUMAKER TRUCKING 

PO BOX 1279 

GREAT FALLS, MT 59403 

TINA ANDERSON 

DEQ AIR QUALITY DIVISION 

1866 SOUTH SHERIDAN AVE 

SHERIDAN, WY 82801 

TIM BLUME 

US ARMY ENVIRONMENTAL 

729-19TH ST 4TH FLR RM 427 

DENVER, CO 80202-2500 

CHIP BREMER 

CITE 

PO BOX 12763 

RTP, NC 27709 

JOHN BRUEGGEMAN 

STATE REPRESENTATIVE 

321 LAKEVIEW DR ' 

POLSON, MT 59860-9317 

WANDA BURGET 

POWDER RIVER COAL CO 

CALLER BOX 3034 

GILLETTE, WY 82717 

BRUCE CLARK 

GENESIS INC 

PO BOX 1660 

TROY, MT 59935 

DALE COCKRELL 

CHRISTENSEN MOORE 

COCKRELL 

PO BOX 7370 

KALISPELL, MT 59904-0370 

FRANK CROWLEY 

POWER BLOCK BLDG STE 300 

HELENA, MT 59624-1185 

,OWLEY HAUGHEY HANSON DON DAY BARB DOWSKI 

TOOLE AND DIETRICH PLLP STIMSON LUMBER CO REG EH & S MANAGER QWEST 

PO BOX 797 875 HWY 2 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 

LINDA J DWORAK DVM 

APCAC BOARD MEMBER 

PO BOX 1663 

HAMILTON, MT 59840 

L A ERICKSON 

ASARCO TROY UNIT 

PO BOX 1660 

TROY, MT 59935 

WILLIAM E FLYNN 

LUZENAC AMERICA 

767 OLD YELLOWSTONE TR 

THREE FORKS, MT 59752 

PEGGY FRUIT 

TOWN OF BROADUS 

PO BOX 659 

BROADUS, MT 59317 

ALAN GLUECKERT 

MILES CITY LAUNDRY 

PO BOX 1409 

MILES CITY, MT 59301 

ELLA GUTZKE 

SHERIDAN MEMORIAL 

HOSPITAL 

440 W LAUREL AVE 

PLENTYWOOD, MT 59254 

KATHY HARRIS PE 

APCAC BOARD MEMBER 

2205 LIME KILN RD 

HELENA, MT 59601 

LYNN HILL 

MSE-HKM INC 

PO BOX 7010 

SHERIDAN, WY 82801 

VIC DUGAN 

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 D FOOTE 

EXXON MOBIL CORP 

607 EXXON RD 

BILLINGS, MT 59101 

RONALD GENRKE 

BIG SKY MINING CO 

PO BOX 97 

COLSTRIP, MT 59323 

ALEXANDRA GORMAN 

WOMEN'S VOICES FOR THE 

EARTH 

PO BOX 8743 

MISSOULA, MT 59807-8743 

RALPH HAMLER 

MADISON COUNTY 

PO BOX 278 

VIRGINIA CITY, MT 59755 

ANNE HEDGES 

MEIC 

PO BOX 1184 

HELENA, MT 59624 

DAVID HRUBES 

EASTERN MONTANA 

PO BOX 36 

RICHEY, MT 59259 

JOHN W DUNCAN 

RR #1 PO BOX 33 

JOPLIN, MT 59531 

ELLEN ENGSTEDT 

MONTANA WOOD PRODUCTS 

PO BOX 1149 

HELENA, MT 59624-1149 

JAMES FLANSBURG 

HAYS LODGE POLE SCHOOLS 

BOX 110 

HAYS, MT 59527 

ALAN FRONBERG 

GLACIER ENGINEERING PC 

124 1 ST AVE S STE 17 

GREAT FALLS, MT 59401 

JOHN GERHART 

PO BOX 283 

BELT, MT 59412 

LEIF GRIFFIN 

SMURFIT-STONE CONTAINER 

CORP 

PO BOX 4707 

MISSOULA, MT 59806 

WILLIAM HARBRECHT 

WESTERN ENERGY COMPANY 

PO BOX 99 

COLSTRIP, MT 59323 

MARTIN HESTMARK 

US EPA-REGION VIII 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 J JOHNSON 

ENVIRONMENTAL HEALTH 

48 RIIVIROCK RD 

~,iLLINGS, MT 59106 

DICK JUNTUNEN 

RESOURCE MGMT 

ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY, MT 59634 

JAKE KAMMERER R.S . 

RAVALLI COUNTY ENV 

HEALTH 

215 S 4TH ST STE D 

HAMILTON, MT 59840 

PAT KIMMET 

CENEX 

PO BOX 909 

LAUREL, MT 59044-0909 

CHRIS KOLSTAD 

APCAC BOARD MEMBER 

HC 74 BOX 49 

L.FDGER, MT 59456 

MITCHELL LEU 

PLUM CREEK - APCAC 

MEMBER 

PO BOX 160 

COLUMBIA FALLS, MT 59912 

CHERRY LONEY 

CASCADE CO HEALTH DEPT --

REPOSITORY 

1154THSTS 

GREAT FALLS, MT 59401-3618 

MICHAEL MACHLER 

APCAC BOARD MEMBER 

771 TOPAZ AVE 

BILLINGS, MT 59105 

DON MAY 

MAXIM TECHNOLOGIES INC 

PO BOX 2730 

MISSOULA, MT 59801 

. N MCKENNA 

ETS INTERNATIONAL 

1401 MUNICIPAL RD NW 

ROANOKE, VA 24012-1309 

DEAN JOHNSON 

APCAC BOARD MEMBER 

BOX 131 

GLENDIVE, MT 59330 

MICHAEL S KAKUK 

KAKUK LAW OFFICES PC 

PO BOX 747 

HELENA, MT 59624-0747 

BOB KELLY 

INTERTEC 

619 S W HIGGINS STE S 

MISSOULA, MT 59803 

TOM KIRCHER 

STILLWATER MINING CO 

HC54 BOX 365 

NYE, MT 59061 

LARRY LAKNAR 

BEAVERHEAD COUNTY 

SANITARIAN 

2 S PACIFIC ST 

DILLON, MT 59725-2799 

LION TECHNOLOGIES INC 

ATTN LIBRARY 

PO BOX 700 

LAFAYETTE, NJ 07848 

RICHARD LONG 

US EPA REGION VIII 8P AR 

999 18TH ST STE 300 

DENVER, CO 80202-2405 

DEB MADISON 

FORT PECK TRIBES 

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 

RILEY JOHNSON 

NFIB 

491 SO PARK 

HELENA, MT 59601 

THOMAS KALLENBACH 

FLUIDYNE INC & ELK GROVE 

DEVELOPMENT CO 

155 ANNIE GLADE DR 

BOZEMAN, MT 59718-7691 

CALVIN KIDNEY 

WELLS FARGO 

877 W MAIN ST 5TH FLOOR 

BOISE, ID 83702 

JERRY D. KNUTSON 

WEST TECH SUPPLY & 

SERVICES 

PO BOX 80711 

BILLINGS, MT 59108 

CATHY LAUGHNER 

BROWNING KALECZYC 

PO BOX 1697 

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 

BRIAN MCHUGH 

MAXIM TECHNOLOGIES INC 

618 S 25TH ST 

BILLINGS, MT 59107 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

110 12TH AVE SW 

SIDNEY, MT 59270 
ARNIE A MOHL BOB MONTGOMERY TIM MULLIGAN 

A-1 PAVING WESTERN ENERGY CO RISK MANAGEMENT DIV 

3131 HWY 2 E PO BOX 99 PO BOX 3767 

KALISPELL, MT 59901 COLSTRIP, MT 59323 BUTTE, MT 59702 

DARREL MYRAN ANNISSA NELSON ALLEN NIPPLE 

WESTMORELAND RESOURCES TANKNOLOGY SPRING CREEK COAL CO 

INC 470 SCHROCK RD STE L PO BOX 67 

BOX 449 COLUMBUS, OH 43229 DECKER, MT 59025-0067 

HARDIN, MT 59034 

DAVE NOELL ANN O'HAGAN SANDI OLSEN 

APCAC BOARD MEMBER WCEC INC DEQ 

1318 BABCOCK CIRCLE 1030 SOUTH AVE 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 LUNG ASSN BLM 

1 WAREHOUSE RD 825 HELENA AVE 5001 SOUTHGATE DR 

COLSTRIP, MT 59323 HELENA, MT 59601 BILLINGS, MT 59101 

STEVE PILCHER 

PO BOX 1715 

HELENA, MT 59624-1715 

ELLEN PORTER DAN POWERS 

ROSEBURG FOREST PRODUCTS BUTTE/SB HEALTH DEPT 

PO BOX 4007 25 W FRONT ST 

MISSOULA, MT 59806 BUTTE, MT 59701, 

DON QUANDER TIM QUARLES JIM RAMAKRR 

HOLLAND AND HART THE RETEC GROUP INC PO BOX 760 

401 N 31 ST ST STE 1500 2048 OVERLAND AVE STE 101 CHOTEAU, MT 59422 

BILLINGS, MT 59101 BILLINGS, MT 59102 

JEREMY RHODES RANDALL RICHERT MIKE RINALDI RS 

341ST CES/CEV CONOCO ROSEBUD COUNTY 

39 78TH ST N PO BOX 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 

BISON ENGINEERING INC TETON/PONDEROSA COUNTY FLATHEAD CTY HEALTH DEPT 

1400 11TH AVE 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 JON SESSO 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 BOX 38 

COLSTRIP, MT 59323 

DAVE SIlY1PSON 

WESTMORELAND RESOURCES 

PO BOX 449 

HARDIN, MT 59034 

JAY SKABO 

MONTANA DAKOTA UTILITIES 

400 N 4TH ST 

BISMARCK, ND 58501 

DENNIS J SNOW RS 

DAWSON CITY 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 

STEPHEN BLANKENSHIP FORD 

925 L ST STE 390 

SACRAMENTO, CA 95814 

FRED STIERS 

CONOCO INC 

PO BOX 30198 

BILLINGS, MT 59107-0198 

SHANNON THERRIAULT 

CITY COUNTY HEALTH DEPT 

301 W ALDER ST 

MISSOULA, MT 59802 

BARRI TWARDOSKI 

MAXIM TECHNOLOGIES INC 

PO BOX 2730 

MISSOULA, MT 59806 

CALLIE VIDETICH 

US EPA REGION VIII-8P-AR 

999 18TH ST 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 INDIAN AFFAIRS 

316 N 26TH ST 

BILLINGS, MT 59101 

SAM STEPHENSON 

ARCO 

317 ANACONDA AVE 

BUTTE, MT 59701 

LARRYSVOBODA 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER, CO 80202-2405 

RAY TILMAN 

MONTANA RESOURCES 

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 KING ST 

ALEXANDRIA, VA 22314 

JODEE STEIN 

WELLS FARGO 

175 N 27 ST 

BILLINGS, MT 59101 

STAN STERNBERG 

MT DOT - ENVIRONMENTAL 

MT DOT - ENVIRONMENTAL -

DEADHEAD 

HELENA, MT 

LILA TAYLOR 

BOX 595 KIRLEY RT 

BUSBY, MT 59016 

STEVE TURKIEWICZ 

MONTANA AUTO DEALERS 

ASSN 

501 N SANDERS ST 

HELENA, MT 59601 

DARYL UR.AN 

WILLISTON BASIN INST PIPEL 

PO BOX 131 

GLENDIVE, MT 59330 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX 2029 

BROWNING, MT 59417 

b- i'SY WAHL SCOTT WALKER KEVIN K. WALSH 

EPA YELLOWSTONE CITY COUNTY ENVIRONMENTAL 

EPA-DEADHEAD 510 N BROADWAY CONSULTING 

BILLINGS, MT 59101 451 FREEDOM AVE 

BILLINGS, MT 59105 
JOHN WARDELL 

EPA 

EPA-DEADHEAD 

LINDA WIEGERT STEVE D WRIGHT 

MERIDIAN OIL INC COLUMBIA FALLS ALUMINUM 

801 CHERRY ST STE 700 2000 ALUMINUM DR 

FORT WORTH, TX 76102 COLUMBIA FALLS, MT 599? 

JIM ZABROCKI LARRY ZINK CARBON COUNTY HEALTH 

CUSTER CO SANITARIAN'S MT SULPHUR & CHEMICAL CO DEPT 

OFFICE -- REPOSITORY PO BOX 31118 BOX 466 

COURTHOUSE BILLINGS, MT 59107 RED LODGE, MT 59068 

MILES CITY, MT 59301 

CENTURY COMPANIES INC FARMERS UNION OIL CO MONTANA MOTOR CARRIERS 

BOX 739 1000 SMELTER AVE 501 N. SANDERS ST #201 

LEWISTOWN, MT 59457 BLACK EAGLE, MT 59414 HELENA, MT 59601-4552 

MONTANA AUDUBON MONTANA POWER CO 

PO BOX 595 PO BOX 38 

HELENA, MT 59624 COLSTRIP, MT 59323 

NORTHERN PLAINS RESOURCE 

COUNCIL 

2401 MONTANA AVE #200 

BILLINGS, MT 59101-2336 

PACK & COMPANY CONST 

PO BOX 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 of Montana 

Notices of Proposed Rulemaking with Hearing 

Public Hearing Date Where Comment Due Date Purpose 

10 :30 a.m. Room 111, 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 :30 p.m. Room 111, 1520 East 5:00 p.m. Proposed Amendment of 

October 3, 2005 Sixth Avenue, Helena, October 10, 2005 ARM 17 .8 .759 (Air 

Montana Quality - Review of 

Permit Applications - 

MAR Notice No. 17-228 ) 

Amended Notice of 

Proposed Amendment 

(Water Quality - 

Concentrated Animal 

Feeding Operations - 

MAR Notice Noj 7-227) 

10 :30 a .m. Room 111, 1520 East 5 :00 p.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 :30 p.m. Room 111, 1520 East 5 :00 p.m. Proposed Amendment of 

March 23, 2005 Sixth Avenue, Helena, March 30, 2005 ARM 17.8 .102, 103, 202, 

Montana etc . Air Quality - 

Incorporation By 

Reference - MAR Notice 

No. 17-225) 

10 :30 a.m. Room 35, 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. Room 111, 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. Room 111, 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 Quality 

- Concentrated Animal 

Feeding Operations - 

http://www.deq.state .mt.us/dir/legal/hearing .asp 8/4/2005 
8 
P.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 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 . 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 Division 
rulemaking 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 MEMORANDUM 

TO : Board of Environmental Review 

FROM : Jane B. Amdahl, DEQ Staff Attorney 

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 of State 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 a public hearing and public comment, prior to adopting 

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

federal regulation or guideline. 

In this proceeding, the Board is proposing to amend ARM 17.8 .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 allow such 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) if the preliminary determination contains one or more requirements of 40 

CFR part 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 of caution, I have 

undertaken a stringency analysis nonetheless. 

Federal regulations governing comment periods on applications for air quality permits do 

not specifically provide for extensions of time. However, where federal regulations 

relating to various aspects of the permitting process exist, they provide for, comment 

periods of at least 30 days for submittal of public comments. See, e.g ., 40 CFR 

51 .165(f)(5) ("at least 30 days"), 40 CFR 63 .43(h)(ii) ("30 days") and 40 CFR 63.54(c)(2) 

("at least 30 days") . 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 CFR Part 63 that 

require a 30-day comment period as set forth in proposed subpart 5(c) of the 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 term can 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 of the 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, from the 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 of Air Quality Rule ARM 17.8 .759 

MAR Notice No . 17-228 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRIVATE PROPERTY ASSESSMENT ACT? 

YES NO 

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

affecting private real property or water rights? 

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

private property? 

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

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

others ; right to dispose of the property) 

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

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

6.] 

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

legitimate state interests? 

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

use of the property? 

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

economic impact, investment-backed expectations, and the character of the government 

action .) 

X 7. Does the action damage the property by causing some physical disturbance with 

respect to the property in excess of that sustained by the public generally? [If the answer 

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

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

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

waterlogged, or flooded? 

7c. Has government action diminished property values by more than 30% and 

necessitated the physical taking of adjacent property or property across a public way 

from the property in question? 

X Taking or damaging implications? (Taking or damaging implications exist if YES is 

checked in response to question 1 and also to any one or more of the following questions: 

2, 3, 4, 6, 7a, 7b, or 7c; or if NO is 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 of all economically viable uses of private property; 

* deny a fundamental attribute of private property ownership; 

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

an easement; 

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

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

the property in excess of that 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 

99918 T" 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 2 9 2005 

The purpose of this letter is to provide EPA's comments on proposed revisions to the 

Administrative Rules of Montana (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 review period 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 review of preliminary 

determinations . We understand that the proposed revisions were prompted by HB 581, enacted 

in 2005, and may allow the department to extend by 15 days the period within which public 

comments may be submitted on certain preliminary permit determinations. One of the reasons 

allowed for extending the public comment period is if the preliminary determination contains one 

or more requirements of 40 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 - SUGGESTED AMENDMENTS 

DATE: SEPTEMBER 4, 2005 

Please review the following amendments to the DEQ proposed 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 DEQ and MEIC have reviewed this 

language. (See Attachment 1) 

Admittedly, it is difficult to see the DEQ denying an extension request 

under the "fully informed decision" criteria but at least the extension is not 

automatic as proposed by the DEQ. (See DEQ proposed language, 

paragraph (5)(b) .) 

(5) (a) The department may, on its own action, or at the request o the applicant 

or a 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, unde 

{-a-} if the department finds that an extension weuld serv-o 

; is necessaa to allow the 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 of the 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 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. 

{--4 (d) The department shall notify the applicant of any 

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 review by everybody. 

Page 1 of 1 

NOPE. I LIKED IT TI3E WAY IT WAS BUT I CAN LIVE WITH TIES 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-Nw .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 

Program Director 

Montana Environmental Information Center 

P.O. Box 1184 

Helena, MT 59624 

(406) 443-2520 

fax: (406) 443-2507 

ahedges@mei c. 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 review by 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. Kakuk wrote: 

Any thoughts from anyone 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 ARM 17.8.759 

-----Original Message----- 

From : Don Quander [mailto :DQuander@hollandhart.com] 

Sent: Monday, October 10, 2005 4:30 PM 

To: DEQ BER 

Subject: Comment on rulemaking ARM 17 .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 BER adopt revised language that allows for 15-day extensions, 

as the legislature intended, only in circumstances that specifically justify 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 review of 

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 allow more 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 ARM 17.8 .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 ARM 17.8 .759 

Secretary to the Montana Board of Environmental Review, 

Please find attached comments to the proposed rule ARM 17.8 .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 ARM 17 .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 allow an 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 

allow more 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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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 

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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 

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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 

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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 

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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 

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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 6 

TRANSCRIPT 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 & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT OF PROCEEDINGS 

~ I WHEREUPON, the following proceedings were had: 

2 HEARING OFFICER ORR: This hearing is called to 

3 order. Let the record show that it is 1 :30 on 

4 October 3rd, 2005. This hearing is taking place in 

5 Room 111 of the Metcalf Building . This is the time and 

6 place set for the public hearing in the matter of the 

7 amendment of ARM 17 .8 .759, pertaining to review of air 

8 quality permit applications . 

9 This public hearing is being recorded by a court 

10 reporter, Cheryl Romsa, covering for Lesofski & Walstad. 

11 My name is Katherine Orr. I'm an assistant attorney 

12 general for the State of Montana. 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 of the notice of public hearing on the proposed 

17 rulemaking are available on the table near the door for 

18 anyone who has not received a copy. Anyone who wants to 

19 make a statement or submit written materials at this 

20 hearing should fill out a Notice to Presiding Officer form 

21 and give it to me before he or she speaks . 

22 Montana Code Annotated 2-4-302(7)(a) requires 

23 presiding officers at rule hearings to read the Notice of 

24 Function of the Administrative Rule Review Committee. And 

25 then I'm going 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 . A person who 

7 submits a written comment or attends a hearing regarding 

8 the proposed agency rulemaking must be informed of the 

9 list by the agency. On the table near the door are forms 

10 for interested persons to designate their areas of 

11 interest. If you 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 board secretary at the Metcalf Building, and that's 

22 Joyce Wittenberg. And I 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 heard this many times. 

2 Administrative rule review is a function of interim 

3 committees and the Environmental Quality Council. These 

' 4 interim committees and the EQC have administrative rule 

5 review, program evaluation, and monitoring functions for 

6 executive branch agencies and the entities attached to 

7 agencies for administrative purposes . In this case, the 

8 EQC has those functions for the Department of 

9 Environmental Quality and for the Board of Environmental 

10 Review. 

11 These interim committees and the EQC have the 

12 authority to 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 if a proposed rule 

17 is consistent with the intent of the legislature or, 

18 during a legislative session, introduce a bill repealing a 

19 rule or directing an 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 welcome comments and invite members of the public to 

23 appear before them or to send written statements in order 

24 to bring to their attention any difficulties with the 

25 existing or proposed rules. The mailing address is 

Page 6 ' 

1 Because of its length, 1 will summarize the notice . 

2 In the notice, the Board of Environmental Review proposed 

i 3 to amend an air quality rule regarding review of permit 

4 applications to extend the time for public comment as 

5 required by House Bill 581, now known as 75-2-211 . The 

6 authority of the Board of Environmental Review to 

7 undertake this rulemaking is contained in Montana Code 

8 Annotated, Section 75-2-111 . 

9 The order of presentations by persons making 

10 statements will be as follows: The Department, then any 

11 proponents, then any opponents, and then anyone wishing to 

12 be heard. And we have here today Michael Kakuk, who wants 

13 to be heard on the basis of neutrality, and since he's the 

14 only one here other than the Department, we'll have him 

15 follow the Department . Anyone who makes 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 about this rule . 

20 MS. SKIBICKI: For the record, my name is 

21 Debbie Skibicki . I'm an environmental engineering 

22 specialist in the Montana Department of Environmental 

23 Quality's Air Resources Management Bureau. I am here to 

24 present testimony for the Department . The Department is 

25 proposing to amend ARM 17 .8 .759, review of permit 

3 (Pages 3 to 6) 

LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT OF PROCEEDINGS 

Page 11 

I 1 again suggest and appreciate DEQ's review of our 

2 suggestions. 

3 Thank you. 

4 HEARING OFFICER ORR: And does this mean, then, 

5 that the Department would like to incorporate your rule 

6 changes? 

7 MR. KAKUK: Ma'am, I'll let the Department speak 

8 to that . 

9 HEARING OFFICER ORR: Okay. 

10 MS. SKIBICKI : For the 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 say only, "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'm the executive director of the Western 

21 Environmental Trade Association, WETA. And I would just 

22 simply concur with the amendments that Mr. Kakuk presented 

23 and also with the amendments that the Department wanted. 

24 I would just say that I believe the amendments 

25 suggested by Mr. Kakuk simply clarify the -- the intent of 

Page 12 

1 what we were saying in the session and what the intent of 

2 the rule was. So we would just simply go on record in 

3 concurrence with that. 

4 HEARING OFFICER ORR: Great. Thank you. 

5 Anyone else who is in the room have any observations 

6 to put on the record? 

7 (No response.) 

8 HEARING OFFICER ORR: 

9 forward, this matter is closed . 

No one wanting to come 

10 Written comments can be 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 presented to the Board 

13 when it meets on December 2nd of 2005, at which time I 

14 will have prepared a report and the Department will have 

15 prepared a rule notice, a notice of adoption. 

16 So without anything else to add, we'll close the 

17 hearing. Thank you 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 AND CLARK ) 

I, CHERYL ROMSA, Court Reporter, Notary Public in 

and for the County of Lewis and Clark, State of Montana, 

do hereby certify: 

That the foregoing proceedings were reported by 

me in shorthand and later transcribed into typewriting; 

and that the -12- pages contain a true record of the 

proceedings to the best of my ability. 

IN WITNESS WHEREOF, I have hereunto set my hand 

and affixed my notarial seal this 12th day of October 

2005 . 

CHERYL A. ROMSA 

Court Reporter - Notary Public 

My Commission Expires 8/4/2007 

5 (Pages 11 to 13) 

LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT 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 

CFR 9:20 

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 

currently 9 :15 

D 

D 2 :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 

DEQ 8:9 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 

Don 2:8 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 

EPA 9:11 

EPA's 9:14 

EQC 4 :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 :22 

F 

federal 8:8,11,14 

figured 9:14 

fill 3:20 

final 7:12 

five 9:4 

follow 6 :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 

including 5 :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 & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT 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 201706 5:1 

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 59620 5 :1 

widely 7:22 

wish 11 :17 6 

wishing 6:11 10 :4 6 2 :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 

X 2:1 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 SIXTH AVENUE, 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 RULEMAKING HEARING 

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 minimum technology-based controls and treatment 

requirements for the coal bed methane industry . 

GENERAL PUBLIC COMMENT 

Under this item, members of the public may comment on any public matter within the jurisdiction of the 

Board that is not otherwise on the agenda of the meeting . Individual contested case proceedings are not 

public matters on which the public may comment. 

DECEMBER 2 

9:00 A.M. 

I. ADMINISTRATIVE AGENDA ITEMS 

A. Review and approve minutes of September 30, 2005, meeting . 

B. Set 2006 Meeting Schedule; Budget Information . 

II. BRIEFING AGENDA ITEMS 

, A. CONTESTED CASE UPDATE : 

1 . Cases assigned to Hearing Officer Katherine Orr 

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

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

(BER 2002-09 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 of the 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 DEQ to 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 DEQ relating 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 of Violations 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 DEQ for the alleged failure to pay annual permit fees on the MGWPCS permit for 

discharges from the Paymaster Mine Adit located in Lewis and Clark County. DEQ claims 

ASARCO should 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 . On August 24, 2005, the 

Hearing Examiner issued a notice of Assumption of Jurisdiction and upon review of the 

Department's proposed hearing, schedule, set a date for a Prehearing Conference of 

December 14, 2005 at which 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 system without 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 the 
Board 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 of Jurisdiction referencing the Order Staying Contested Case Proceedings . 

B . OTHER BRIEFING ITEMS 

1 . TMDL Update 

III . ACTION AGENDA ITEMS 

A. REPEAL, AMENDMENT OR ADOPTION 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 ARM 17.8 .743 and adopt New Rules 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 of the proposed amendments with the modifications . 

B. INITIATION OF RULEMAKIh1G AND APPOINTMENT 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 se q. and the 

Strip and Underground Mine Reclamation Act (ARM 17.24 .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 New Rules I through IX to establish a 

registration system for certain facilities that presently require an air quality permit. The proposed 

new rules would establish a general registration system and would establish rules that apply the 

system to 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 of the 

federal rules vacated or remanded by the DC Circuit Court of Appeals Ruling of June 24, 2005, 

are not included in the proposal . 

C. FINAL ACTION ON APPEALS: 

1 . In the matter of Violations 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 of Assumption 

of Jurisdiction . The parties submitted a Stipulation for Dismissal on October 24, 2005. 
Board of Environmental Review 

December 1 & 2, 2005 

Page 4 of 4 

2 . 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). DEQ issued a 

notice of violation 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 of Violation 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 Law will 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 (BE R 2005-15-SUB) . On June 29, 

the Board received a letter from Cleatus 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 of Dismissal . 

D. NEW CONTESTED CASE APPEALS : 

1 . In the matter. of the request for hearing of Jay Gasvoda, d/b/a Gasvoda Construction, BER 

2005-17 OC, regarding the Notice of Violation and Statement of Proposed Penalty issued by 

DEQ on September 14, 2005. On October 6, 2005, the Board received the appeal letter from Mr. 

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 of the public may comment on any public matter within the jurisdiction of the 

Board that is not otherwise on the agenda of the meeting . Individual contested case proceedings are not 

public matters on which the public may comment. 

V. ADJOURNMENT 
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BEFORE THE MONTANA BOARD OF -ENVIRONMENTAL REVIEW 

BOARD MEETING 

Z 

Tune ---3--, 2005 

) 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 . 

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(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 
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J 

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

December 20, 2005 

Dear Interested Party / APCAC Member / Repository: 

RE : PUBLIC HEARING - Establishing a general registration system and 

applying that system to 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 MAR Notice No. 17-238, the notice of public hearing on the 

proposed amendment of ARM 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 system to 

traditional oil and gas well facilities . The Montana Department of Environmental 

Quality will conduct a public hearing on January 23, 2006, to receive comments 

regarding these proposed amendments. 

The notices of adoption are attached for (1) the amendment of ARM 17.8 .759, 

pertaining to review of permit applications and extending public comment periods 

(MAR Notice No. 17-228); and (2) the amendment of ARM 17.8 .743 and 

adoption of new rules pertaining to permitting oil and gas well facilities (MAR 

Notice No. 17-229) . 

If you 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 -a re 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 
LAURA ACKERMANN JOE ALINE DON ALLEN 

DECKER COAL COMPANY SHUMAKER TRUCKING WETA 

PO BOX 12 PO BOX 1279 2301 COLONIAL DR STE 2A 

DECKER, MT 59025-0012 GREAT FALLS, MT 59403 HELENA, MT 59601 

RON ANDERSON 

LINCOLN CTY HEALTH DEPT 

418 MINERAL AVE 

LIBBY, MT 59923 

TINA ANDERSON 

DEQ AIR QUALITY DIVISION 

1866 SOUTH SHERIDAN AVE 

SHERIDAN, WY 82801 

MARTIN BASTA 

CITY OF GT FALLS PUBLIC 

WORKS 

PO BOX 5021 

GREAT FALLS, MT 59403-5021 

BRAD BLACK 

APCAC BOARD MEMBER 

PO BOX 1442 

LIBBY, MT 59923-1442 

JOAN BOWSHER 

CITY-COUNTY HEALTH DEPT 

PO BOX 1723 

HELENA, MT 59624 

GREG BROWN 

CHS INC - LAUREL REFINERY 

PO BOX 909 

LAUREL, MT 59044-0909 

ROBIN BULLOCK 

ARCO 

317 ANACONDA ROAD 

BUTTE, MT 59701 

JIM CARLSON 

MISSOULA CITY-CO HEALTH 

-- REPOSITORY 

301 W ALDER 

MISSOULA, MT 59802-4123 

BRIAN K CLIFTON M.S. R.S. 

CITY COUNTY HEALTH DEPT_ 

115 4TH ST SOUTH 

GREAT FALLS, MT 59405 

BILL COURTNEY 

QUANECO LLC 

PO BOX 7370 

SHERIDAN, WY 82801 

)N DAY 

STIMSON LUMBER CO 

875 HWY 2 S 

LIBBY, MT 59923 

TIM BLUME 

US ARMY ENVIRONMENTAL 

729-19TH ST 4TH FLR RM 427 

DENVER, CO 80202-2500 

CHIP BREMER 

CITE 

PO BOX 12763 

RTP, NC 27709 

JOHN BRUEGGEMAN 

STATE REPRESENTATIVE 

321 LAKEVIEW DR 

POLSON, MT 59860-9317 

WANDA BURGET 

POWDER RIVER COAL CO 

CALLER BOX 3034 

GILLETTE, WY 82717 

BRUCE CLARK 

GENESIS INC 

PO BOX 1660 

TROY, MT 59935 

DALE COCKRELL 

CHRISTENSEN MOORE 

COCKRELL 

PO BOX 7370 

KALISPELL, MT 59904-0370 

FRANK CROWLEY 

POWER BLOCK BLDG STE 300 

HELENA, MT 59624-1185 

BARB DOWSKI 

REG EH & S MANAGER 

QWEST EH & S 

1855 S FLATIRON COURT 

BOULDER, CO 80301 

RUSS BOSCHEE 

YELLOWSTONE COUNTY API 

PO BOX 35052 

BILLINGS, MT 59107 

JEFF BRIGGS 

SMURFIT-STONE CONTAINEF 

CORP 

PO BOX 4707 

MISSOULA, MT 59806 

LEE BRUNER 

PO BOX 2000 

BUTTE, MT 59702 

DEXTER BUSBY 

MONTANA REFINING CO 

190010TH ST NE 

GREAT FALLS, MT 59404-1955 

LORI CLARK 

FOREST SERVICE AIR 

QUALITY PROGRAM 

PO BOX 7669 

MISSOULA, MT 59807 

DAN CORTI 

U OF M ENVIRONMENTAL 

HEALTH 

BLDG 32 MS 9144 

MISSOULA, MT 59812 

CROWLEY HAUGHEY 

HANS ON 

TOOLE AND DIETRICH PLLP 

PO BOX 797 

HELENA, MT 59624-0797 

RALPH DRIEAR 

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, MN 55108 

TODD EVERTS 

EQC 

STATE CAPITAL ROOM 106 -

DEADHEAD 

ROBERT D FOOTE 

EXXON MOBIL CORP 

607 EXXON RD 

BILLINGS, MT 59101 

DAVID GALT 

MONTANA PETROLEUM 

ASSOC 

PO BOX 1186 

HELENA, MT 59601 

ALAN GLUECKERT 

MILES CITY LAUNDRY 

PO BOX 1409 

MILES CITY, MT 59301 

LEIF GRIFFIN 

SMURFIT-STONE CONTAINER 

CORP 

PO BOX 4707 

MISSOULA, MT 59806 

WILLIAM HARBRECHT 

WESTERN ENERGY 

COMPANY 

PO BOX 99 

COLSTRIP, MT 59323 

MARTIN HESTIYIARK 

US EPA-REGION VIII 8ENF T 

999 18TH ST STE 300 

DENVER, CO 80202-2405 

JIM HUGHES 

DEQ-BILLINGS --

REPOSITORY 

1371 RIMTOP DR 

BILLINGS, MT 59105-1978 

JOHN W DUNCAN 

RR #1 PO BOX 33 

JOPLIN, MT 59531 

ELLEN ENGSTEDT 

MONTANA WOOD PRODUCTS 

PO BOX 1149 

HELENA, MT 59624-1149 

JAMES FLANSBURG 

HAYS LODGE POLE SCHOOLS 

BOX 110 

HAYS, MT 59527 

ALAN FRONBERG 

GLACIER ENGINEERING PC 

124 1ST AVE 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 

PO BOX 7193 

BOZEMAN, MT 59771 

ELLA GUTZKE 

SHERIDAN MEMORIAL 

HOSPITAL 

440 W LAUREL AVE 

PLENTYWOOD, MT 59254 

KATHY HARRIS PE 

APCAC BOARD MEMBER 

2205 LIME KILN RD 

HELENA, MT 59601 

LYNN HILL 

MSE-HKM INC 

PO BOX 7010 

SHERIDAN, WY 82801 

ROSE HUGHES 

THE CONSULTING 

ENGINEERS 

36 S LAST CHANCE GUL STE A 

HELENA, MT 59601 

LINDA J DWORAK DVM 

APCAC BOARD MEMBER 

PO BOX 1663 

HAMILTON, MT 59840 

L A ERICKSON 

ASARCO TROY UNIT 

PO BOX 1660 

TROY, MT 59935 

WILLIAM E FLYNN 

LUZENAC AMERICA 

767 OLD YELLOWSTONE TR 

THREE FORKS, MT 59752 

PEGGY FRUIT 

TOWN OF BROADUS 

PO BOX 659 

BROADUS, MT 59317 

JOHN GERHART 

PO BOX 283 

BELT, MT 59412 

ALEXANDRA GORMAN 

WOMEN'S VOICES FOR THE 

EARTH 

PO BOX 8743 

MISSOULA, MT 59807-8743 

RALPH HAMLER 

MADISON COUNTY 

PO BOX 278 

VIRGINIA CITY, MT 59755 

ANNE HEDGES 

MEIC 

PO BOX 1184 

HELENA, MT 59624 

DAVID HRUBES 

EASTERN MONTANA 

PO BOX 36 

RICHEY, MT 59259 

DIANNE HUHTANEN 

ROCKY MOUNTAIN LABS 

903 S 4TH ST 

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 

PO BOX 747 

HELENA, MT 59624-0747 

BOB KELLY 

INTERTEC 

619 S W HIGGINS STE S 

MISSOULA, MT 59803 

TOM KIRCHER 

STILLWATER MINING CO 

HC54 BOX 365 

NYE, MT 59061 

LARRY LAKNAR 

BEAVERHEAD COUNTY 

SANITARIAN 

2 S PACIFIC ST 

DILLON, MT 59725-2799 

LION TECHNOLOGIES INC 

ATTN LIBRARY 

PO BOX 700 

LAFAYETTE, NJ 07848 

RICHARD LONG 

US EPA REGION VIII 8P AR 

99918TH ST STE 300 

DENVER, CO 80202-2405 

DEB MADISON 

FORT PECK TRIBES 

BOX 1027 

POPLAR, MT 59255 

BRUCEJOHNSON 

SUMMIT ENVIROSOLUTIONS 

INC 

1217 BANDANA BLVD 

ST PAUL, MN 55108 

RILEY JOHNSON 

NFIB 

491 S O PARK 

HELENA, MT 59601 

THOMAS KALLENBACH 

FLUIDYNE INC & ELK GROVE 

DEVELOPMENT CO 

155 ANNIE GLADE DR 

BOZEMAN, MT 59718-7691 

CALVIN KIDNEY 

WELLS FARGO 

877 W MAIN ST 5TH FLOOR 

BOISE, ID 83702 

JERRY D. KNUTSON 

WEST TECH SUPPLY & 

SERVICES 

PO BOX 80711 

BILLINGS, MT 59108 

CATHY LAUGHNER 

BROWNING KALECZYC 

PO BOX 1697 

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 RIMROCK RD 

BILLINGS, MT 59106 

DICK JUNTUNEN 

RESOURCE MGMT 

ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY, MT 59634 

JAKE KAMMERER R.S. 

RAVALLI COUNTY ENV 

HEALTH 

215S4THSTSTED 

HAMILTON, MT 59840 

PAT KIMMET 

CENEX 

PO BOX 909 

LAUREL, MT 59044-0909 

CHRIS KOLSTAD 

APCAC BOARD MEMBER 

HC 74 BOX 49 

LEDGER, MT 59456 

MITCHELL LEU 

PLUM CREEK - APCAC 

MEMBER 

PO BOX 160 

COLUMBIA FALLS, MT 59912 

CHERRY LONEY 

CASCADE CO HEALTH DEPT -

- REPOSITORY 

115 4TH ST S 

GREAT FALLS, MT 59401-3618 

MICHAEL MACHLER 

APCAC BOARD MEMBER 

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, CA 95814 BILLINGS, MT 59107 ROANOKE, VA 24012-1309 
WILLIAM MCLAUGHLIN 

341 CES/CEVC 

39 78TH ST N 

MALMSTROM AFB, MT 59402-

7536 

BOB MONTGOMERY 

WESTERN ENERGY CO 

PO BOX 99 

COLSTRIP, MT 59323 , 

ANNISSA NELSON 

TANKNOLOGY 

470 SCHROCK RD STE L 

COLUMBUS, OH 43229 

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 

PO BOX 760 

CHOTEAU, NIT 59422 

MIKE RINALDI RS 

ROSEBUD COUNTY 

SANITARIAN 

251 NO 17TH 

FORSYTH, MT 59327 

JOE RUSSELL 

FLATHEAD CTY HEALTH 

DEPT 

1035 1ST AVE W 

KALISPELL, MT 59901 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

110 12TH AVE SW 

SIDNEY, MT 59270 

TIM MULLIGAN 

RISK MANAGEMENT DIV 

PO BOX 3767 

BUTTE, MT 59702 

ALLEN NIPPLE 

SPRING CREEK COAL CO 

PO BOX 67 

DECKER, MT 59025-0067 

TRACY OPP 

STONE ENERGY CORP 

950 17TH ST STE 2600 

DENVER, CO 80238 

JIM PARKER 

PPL MT 

1 WAREHOUSE RD 

COLSTRIP, MT 59323 

STEVE PILCHER 

PO BOX 1715 

HELENA, MT 59624-1715 

DON QUANDER 

HOLLAND AND HART 

401 N 31ST ST STE 1500 

BILLINGS, MT 59101 

JEREMY RHODES 

341ST CES/CEV 

39 78TH ST N 

lYIALMSTRM AFB, MT 59402-

7536 

HAL ROBBINS 

BISON ENGINEERING INC 

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 HWY 2 E 

KALISPELL, MT 59901 

DA RREL MYRAN 

WESTMORELAND 

RESOURCES INC 

BOX 449 

HARDIN, MT 59034 

DAVE NOELL 

APCAC BOARD MEMBER 

1318 BABCOCK CIRCLE 

BILLINGS, MT 59105 

OWEN ORNDORFF 

YELP 

1087 W RIVER ST STE 200 

BOISE, ID 83702 

DICK PAULSEN 

AMERICAN LUNG ASSN 

825 HELENA AVE 

HELENA, MT 59601 

ELLEN PORTER 

ROSEBURG FOREST 

PRODUCTS 

PO BOX 4007 

MISSOULA, MT 59806 

TIM QUARLES 

THE RETEC GROUP INC 

2048 OVERLAND AVE STE 101 

BILLINGS, MT 59102 

RANDALL RICHERT 

CONOCO 

PO BOX 30198 

BILLINGS, MT 59101-0198 

CORRINE A ROSE RS 

TETON/PONDEROSA COUNTY 

BOX 610 

CHOTEAU, MT 59422 

GERALD SCHLOSSER 

SUPR OF PLANT SERVICE 

1101 26TH ST S 

GREAT FALLS, MT 59405 
CURT SCRIBNER WADE SELLERS JON SESSO 

YELLOWSTONE ENERGY LTD SUPERIOR ENTERPRISES BUTTE/SILVER BOW PLAN 

2215 FRONTAGE RD PO BOX 128 CRTHSE 155 W GRANITE 

BILLINGS, MT 59101-7307 SUPERIOR, MT 59872 BUTTE, MT 59701 

JAGADEESAN SETHURAMAN 

WHITING PETROLEUM 

1700 BROADWAY STE 2300 

DENVER, CO 80290 

PETE SIMONICH 

COLSTRIP STEAM ELECTRIC 

STATION 

PO BOX 38 

COLSTRIP, MT 59323 

DAVE SIMPSON 

WESTMORELAND 

RESOURCES 

PO BOX 449 

HARDIN, MT 59034 

JAY SKABO 

MONTANA DAKOTA 

UTILITIES 

400 N 4TH ST 

BISMARCK, ND 58501 

PATRICIA SPENCER 

ENVIRONMENT REPORTER 

BNA-1231 25TH ST NW S-382 

WASHINGTON DC, DC 20037 

RICK STEFANIC 

BUREAU OF INDIAN AFFAIRS 

316 N 26TH ST 

~ BILLINGS, MT 59101 

SAM STEPHENSON 

ARCO 

317 ANACONDA AVE 

BUTTE, MT 59701 

LARRYSVOBODA 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER, CO 80202-2405 

RAY TILMAN 

MONTANA RESOURCES 

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 

PO BOX 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 

STAN STERNBERG 

MT DOT - ENVIRONMENTAL 

MT DOT - ENVIRONMENTAL -

DEADHEAD 

HELENA, MT 

LILA TAYLOR 

BOX 595 KIRLEY RT 

BUSBY, MT 59016 

STEVE TURKIEWICZ 

MONTANA AUTO DEALERS 

ASSN 

501 N SANDERS ST 

HELENA, MT 59601 

DARYL URAN 

WILLISTON BASIN INST 

PIPEL 

PO BOX 131 

GLENDIVE, MT 59330 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX 2029 

BROWNING, MT 59417 

RICH SOUTHWICK 

APCAC BOARD 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 

CONOCO INC 

PO BOX 30198 

BILLINGS, MT 59107-0198 

SHANNON THERRIAULT 

CITY COUNTY HEALTH DEPT 

301 W ALDER ST -

MISSOULA, MT 59802 

BARRI TWARDOSKI 

MAXIM TECHNOLOGIES INC 

PO BOX 2730 

MISSOULA, MT 59806 

CALLIE VIDETICH 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER, CO 80202-2466 

BETSY WAHL 

EPA 

EPA-DEADHEAD 
SCOTT WALKER 

YELLOWSTONE CITY 

COUNTY 

510 N BROADWAY 

BILLINGS, MT 59101 

LINDA WIEGERT 

MERIDIAN OIL INC 

801 CHERRY ST STE 700 

FORT WORTH, TX 76102 

LARRY ZINK 

MT SULPHUR & CHEMICAL 

CO 

PO BOX 31118 

BILLINGS, MT 59107 

FARMERS UNION OIL CO 

1000 SMELTER AVE 

BLACK EAGLE, MT 59414 

KEVIN K. WALSH 

ENVIRONMENTAL 

CONSULTING 

451 FREEDOM AVE 

BILLINGS, MT 59105 

STEVE D WRIGHT 

COLUMBIA FALLS 

ALUMINUM 

2000 ALUMINUM DR 

COLUMBIA FALLS, MT 59912 

CARBON COUNTY HEALTH 

DEPT 

BOX 466 

RED LODGE, MT 59068 

MONTANA MOTOR 

CARRIERS 

501 N. SANDERS ST #201 

HELENA, MT 59601-4552 

JOHN WARDELL 

EPA 

EPA-DEADHEAD 

JIM ZABROCKI 

CUSTER CO SANITA RIAN'S 

OFFICE -- REPOSITORY 

COURTHOUSE 

MILES CITY, MT 59301 

CENTURY COMPANIES INC 

BOX 739 

LEWISTOWN, MT 59457 

MONTANA AUDUBON 

PO BOX 595 

HELENA, MT 59624 

MONTANA POWER CO NORTHERN PLAINS PACK & COMPANY CONST 

PO BOX 38 RESOURCE COUNCIL PO BOX 8150 

COLSTRIP, MT 59323 2401 MONTANA AVE #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 of Amendment of ARM 17.8 .759 ~Air 

Quality . ._=Perm_it.Applicat i ons - MAR Notice 

No-1.7.-228) 

12/23/05 Notice of Amendment of ARM 17.8 .743 and 

Adoption of New Rules I-VI (Air Quality - 

Montana Air Quality Permits, Oil and Gas 

Well Facilities-MAR Notice. No. 17-229 

10/28/05 Notice of Amendment of ARM 17.8 .504, 

505, 514 Air Q uality- Air uali yPermit 

Applicati.on~Operation and Open Burning 

Fees -__MAR_Notice No-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 
16 
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 . 

-2663- 

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

the following changes : 

17 .8 .759 REVIEW OF 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 requests _`_- 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 allow additional public 

comment . 

Reviewed by : BOARD OF ENVIRONMENTAL REVIEW 

/s/ DAVID 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