Montana 

40 CFR Part 52, Subpart BB, 52.1370 (e) 

EPA-approved nonregulatory provisions 

March 1, 2015 

Part 2 of 2 

U.S. EPA Region 8 

Office of Partnership and Regulatory Assistance (OPRA) 

Air Program 

1595 Wynkoop St 

Denver, CO 80202-1129
i 

Montana 

40 CFR Part 52, Subpart BB, 52.1370 (e) 

EPA-approved nonregulatory provisions 

March 1, 2015 

Part 2 of 2 

Table of Contents 

Title/Subject 

State Effective 

Date 

Notice of 

Final Rule 

Date 

NFR 

Citation 

(7) Sanders County

Board Order, Board Order - 1997 June 20, In 

the Matter of the Application of The 

Department of Environmental Quality for 

Inclusion of a Control Plan for PM-10 

Emissions in The Thompson Falls Area Into the 

Montana State Implementation Plan 

6/20/1997 1/22/2004 69 FR 3011 

Maintenance Agreement, Maintenance 

Agreement - 1997 May, Maintenance 

Agreement Between The City of Thompson 

Falls, Department of Transportation, and 

Department of Environmental Quality for Street 

Sweeping Responsibilities 

6/20/1997 1/22/2004 69 FR 3011 

Particulate Matter (PM-10) - Plan Summary, 

Plan Summary, Thompson Falls Particulate 

Matter (PM-10) Control Plan 

 

(8) Silver Bow County 

Board Order - 1991 November 15, In the Matter 

of the Application of Butte-Silver Bow Council 

of Commissioners for Approval of its Local Air 

Pollution Control Program 

11/15/1991 3/11/1994 59 FR 11550 

Board Order - 1994 May 20, In the Matter of 

the Application of Butte-Silver Bow Council of 

Commissioners for Approval of Amendments to 

its Local Air Pollution Control Program 

5/20/1994 3/22/1995 60 FR 15056 

Ordinance 330, Establishing Residential Wood 

Burning and Idling Diesel Vehicle and 

Locomotive Requirements 

11/15/1991 3/11/1994 59 FR 11550 

Ordinance 468, Contingency Measure 

Requirements for Liquid De-icers 

5/20/1994 3/22/1995 60 FR 15056 
ii 

Title/Subject 

State Effective 

Date 

Notice of 

Final Rule 

Date 

NFR 

Citation 

Particulate Matter (PM-10) - Plan Summary, 

Plan Summary, Butte Particulate Matter (PM10) Attainment Plan 

 

Resolutions, Resolution 1307, Establishing 

Sanding and Chip Seal Material Standards and 

Street Sweeping and Flushing Policies 

3/6/1991 3/11/1994 59 FR 11550 

State of Montana Air Quality Control 

Implementation Plan, Butte/Silver Bow Air 

Quality Control Program, Chapter 47, Butte 

PM-10 SIP Commitments , 47.10.18 

 7/9/1992 3/11/1994 59 FR 11550 

Stipulation - 1991 October 7, In the matter of 

compliance of the City and County of ButteSilver Bow and the Montana Department of 

Transportation 

11/15/1991 3/11/1994 59 FR 11550 

Stipulation - 1991 October 8, In the matter of 

the Application of Butte-Silver Bow Council of 

Commissioners for Approval of its Local Air 

Pollution Control Program 

3/20/1992 3/11/1994 59 FR 11550 

(9) Yellowstone County 

Billings Carbon Monoxide (CO) - Plan 

Summary, Plan Summary, Billings Carbon 

Monoxide (CO) Maintenance Plan 

 

Billings Carbon Monoxide (CO) - Maintenance 

Plan, State of Montana Air Quality Control 

Implementation Plan, Yellowstone County Air 

Pollution Control Program, Chapter 56, Billings 

Carbon Monoxide (CO) Limited Maintenance 

Plan 

12/19/2000 2/21/2002 67 FR 7966 

Board Order, Board Order - 1999 September 24, 

Approval of Amendments to Yellowstone 

County's Air Pollution Control Program 

9/24/1999 8/13/2001 66 FR 42427 

Sulfur Dioxide - Board Orders, Stipulations, 

Exhibits and Attachments, 1977 December 1 - 

Stipulation, In the matter of the Proposed 

Revision of the State Implementation Plan for 

the Billings Air Quality Maintenance Area 

1/25/1978 9/6/1979 44 FR 51977 
iii 

Title/Subject 

State Effective 

Date 

Notice of 

Final Rule 

Date 

NFR 

Citation 

Sulfur Dioxide - Board Orders, Stipulations, 

Exhibits and Attachments, 1978 January 25 - 

Board Order, In the matter of the Proposed 

Revision of the Montana State Implementation 

Plan for the Billings Air Quality Maintenance 

Area 

1/25/1978 9/6/1979 44 FR 51977 

Sulfur Dioxide - Board Orders, Stipulations, 

Exhibits and Attachments, Montana Power June 

12, 1998 Exhibit A, Emission Limitations and 

Other Conditions 

6/12/1998 5/2/2002 67 FR 22168 
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Sanders County 

Board Order 

Board Order - 1997 June 20 

In the Matter of the Application of The Department of 

Environmental Quality for Inclusion of a Control Plan for 

PM-10 Emissions in The Thompson Falls Area Into the 

Montana State Implementation Plan 

06/20/1997 

State Adoption Date 06/20/1997 

EPA Effective Date 02/23/2004 

Notice of Final Rule Date 01/22/2004 

Notice of Final Rule 69 FR 3011 

Citation 

Comments 

Rule: 

Sanders ely Board Order.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 1
Volume IV 

Chapter 45 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject: Thompson Falls 

Air Pollution 

Control Plan 

45.2.2 Board of Environmental Review Findings of Fact, Conclusions of Law, and 

Order - June 20, 1997 Board Hearing 

Replaces Page: Dated: 

June 20, 1997 Page: I of 4 

Page 45.2.2 (I) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 2
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Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

ln the Matter of the Application of the FINDINGS OF FACT
 

Depanment ofEnvironmental Quality CONCLUSIONS OF LAW
 

for Inclusion of a Control Plan for PM·I 0 AND ORDER
 

Emissions in the ThompsOn Falls Area into ADOPTING AGREEMENT OF DEQ
 

the Montana State Implementation Plan. CITY OF THOMPSON FALLS
 

AND MDT 

The Montana Department ofEnvironmental Quality ("Department") has filed a Petition with the Board of 

Environmental Review (MBoard") for revision ofthe Montana State Implementation Plan (MSIP"). The Petition requests a Board 

Order approving and adopting a proposed control plan for attainment and maintenance ofthe PM·IO National Ambient Air 

Quality Standards ("NAAQS") in the Thompson Falls Area. The proposed control plan is described in a Maintenance - Agreement between the Department, the City ofThompson Falls ("City"), and the Montana Department of Transportation 

("MDT'), hereinafter collectively referred to as the "Parties". 

On June 20, 1997, pursuant to public notice, the Board conducted a hearing in Helena, Montana on the Petition filed
 

by the Department. At the hearing an opportunity for comment was provided to the Panies and to interested members of the
 

public. Based on the record in this proceeding and the Agreement entered into between the panies, the Board enters the
 

following Findings of Fact, Conclusions of Law and Order in regard to this matter:
 

FINDINGS OF FACT 

I. In 1987 the United States Environmental Protection Agency ("EPA") promulgated NAAQS for paniculate
 

matter (measured as PM-I 0). The annual standard is :50 micrograms per cubic meter (annual arithmetic mean). The 24-hour
 

standard is 1:50 micrograms per cubic meter (24-hour average concentration). These standards ~ere promulgated by EPA 

Replaces Page: Dated: 

June 20, 1997 Page: 2 of 4 

Page 45.2.2 (2) 

- 52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 3
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

pursuant to Section 109 of the Federal Clean Air Act, 42 U.S.C. 7401, as amended by the Clean Air Act Amendments of 1990 

("Act"). 

2. In 1994, EPA designated the Thompson Falls area as a nonattainment area for PM-l O. Studies determined 

that reentrained road dust from Highway 200 and surrounding local roads was the major source of particulates leading to 

violations ofthe 24-hour PM-IO standard. 

3. In May of 1997, the Parties entered into a PM-I 0 Maintenance Agreement, which contains requirements for 

street sweeping and for paving unpaved' parking lots, alleys, and roads within the City'S central business district. Administration 

and implementation of the Agreement will be performed by the current staff and resources available to the City and MDT. The 

Maintenance Agreement is intended to provide for attainment and maintenance of the PM· I0 NAAQS in the Thompson Falls 

area. 

4. The Parties have submitted the Maintenance Agreement to the Board for adoption in a Board Order as an 

; ........' enforceable PM-I 0 control plan. The Maintenance Agreement is anached to this Order and is hereby incorporated by reference.
 

S. It is the intent ofthe parties that the Maintenance Agreement, after adoption and incorporation by Board 

Order, ~ill be submitted to the EPA for review and approval as part ofthe Montana SIP, 

CONCLUSIONS OF LAW 

Based on the foregoing Findings of Fact, the Board enters the following Conclusions of Law:. 

J. The public has been provided with appropriate notice and an opportunity to participate in this malter. Title 

2, chapters 3 and 4, MeA. The public notice requirements set forth in 40 CFR section S1:102 have been fulfilled. 

2. The Department is required to prepare and develop a comprehensive plan for the prevention, abatement, and 

control of air pollution in this state. Section 7S-2-112{2)(c), MCA. 

_~R::-e_p_I-::ac-::e_s,,:,"p,=,a~g=-e_: 1_, D_at_e_d_:_-=-_---::--:--:­ _ 

June 20, 1997 Page: 3 of 4 

Page 45.2.2 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 4
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

"2 

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3. Tbe BDatd h4s lDllhorily to imJe Dr<lcn nccetSI1Y to IICIIi,.ve IlhlI maiDlain 

w.:h lenl. <>falrqlllllily as will protrcl.hUlllal1 bcaIlh IIld ....,.Ibn:..Sc~tion 15-2-111(3), 

MC.4. 

•• ,IW(lpl;(tlI nC .hc Mal.-tt1\1;lCe .~lt><IIt .ruched 10 Ibis ()cdn is ncccuary 

ID PIIl\ide for IU\~I ronU m;Un\CnlmCc ..e...., n ..lo NAA(,/S in \be l'boml*'" I'Il1h 

M.a. 

S. The Boooni h~ "",""rilJ '0 iJl'" an Onltt adn]>till\l the attached ~t

U IlII cnfcxCCllbI,. colllrt>l ""'''10'. 

6. AIL Fin;.linp Ofl'aC1 are heteb)' incOf\l<l"lttd in t1~ conclusions ofla.w. 

Based on IIle IbJqui"ll FiJIWntp "e rK! """ Conclusil)l\f "fl.ll..... IT IS JUiKt-.:8Y 

ORDERED lItat: 

I. The IlIIll<:!Ied Mainlcamc<: is bm:b)o al/l:lt>t"" h)'1he 1\aaN W .. ­ lDc:07pcnlcd bacin lIS pan ullhiJ 0Ner. 

2. The: Ponies shall implcmcnl tIIc PJOvisioDs of Lhc arlad>td A8--­

3. ThiI OJdcr IIh>II be c:nCon:c>oblc by lhc ~t.

4. This Order slwllI be=cJr""lh-c immcdio*ly lIJ'D<I"UlW>Ce. 

S. Modili._i."", of w. (ln1cT P>all only he by iuitil!ioo or !he I5o.\Id Ol by 

petition 10 the Board o.nd lit.. i••\IiUICL" uC.liUMcqucnI ....d...'''\liti,,! litis Qrder. 

6. A COP), IIf 1his Order .. CXCC\'\Cd by t~ [l.-d sAa!1 be ItrMoiMd to a. 

"'Plesenwivc of each pany 10 Ibis prowaIiJlI. 

D,\TED tbi!b?'r~ d.y II!Jllne. 1997 

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June 20, 1997 Page: 4 of 4 

Page 45.2.2 (4) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 5
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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 6
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Sanders County 

Maintenance Agreement 

Maintenance Agreement - 1997 May 

Maintenance Agreement Between The City of Thompson 

Falls, Department of Transportation, and Department of 

Environmental Quality for Street Sweeping 

Responsibilities 

06/20/1997 

State Adoption Date 06/20/1997 

EPA Effective Date 02/23/2004 

Notice of Final Rule Date 01/22/2004 

Notice of Final Rule 69 FR 3011 

Citation 

Comments 

Rule: 

Sanders Ct!.' Mainl Agrmnl.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 7
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

45.2.1 Maintenance Agreement Between the City	 of Thompson Falls, Department of 

Transportation, and Department of Environmental Quality for Street Sweeping 

Responsibilities 

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June 20, 1997 Page: 1 of 9 

Page 45.2.1 (1) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 8
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTAnON PLAN Control Plan 

MAINTENANCE AGREEMENT BETWEEN THE CITY OF
 

THOMPSON FALLS. MONTANA DEPARTMENT OF
 

TRANSPORTATION, AND MONTANA DEPARTMENT OF
 

ENVIRONMENTAL QUALITY
 

This Agreement is made and entered into by and between the city of Thompson Falls ("City"), the Montana
 

Department of Transportation ("MDT"), and the Montana Department ofEnvironmental Quality ("DEQ"),
 

hereinafter collectively referred to as the "Parties".
 

The U.S. Environmental Protection Agency has designated the City and its nearby area as a nonattainment area for 

the PM-l 0 National Ambient Air Quality Standards (NAAQS). In order to achieve and maintain the PM-I 0 

NAAQS, a reduction in suspended particulate matter from re-entrained road dust is required. 

The purpose of this Agreement is to outline the type of sanding material to be used on paved roads, determine what 

unpaved roads, alleys, and parking lots are to be paved, and to regulate street sweeping activities on selected routes 

within the Thompson Falls PM-I 0 nonattainment area. Activities perfonned under this Agreement are intended to 

reduce suspended particulate matter from re-entrained road dust, which will assist the City in attaining and 

maintaining the PM-I 0 NAAQS. 

1< 

SECTION I: ROADS SUBJECT TO AGREEMENT - The roads covered by this Agreement are Highway 200 under the jurisdiction ofMDT within the Thompson Falls 

PM·I0 nonattainment area and the priority routes under the jurisdiction ofthe City as listed below: 

CITY STREET SWEEPING PRIORITY ROUTES: 

Approximate Length 

- Golf from City Shop to Haley (0.20) 

- Haley from Golf to Ferry (0.85) 

- Bus Loop at Jr. High (0.20) 

- Ferry from Jr. High to Preston (0.25) 

- Preston from Ferry to East Crossing < (0.15)

- East Crossing from Preston to Main (w/above) 

- Preston from East Crossing to Clay (0.20) 

- Clay from Preston to 5th (0.40) 

- West Crossing from Main to Gallatin (0.15) 

. Washington from Preston to 4th (0.35) 

- Spruce from Preston to 3rd (0.35) 

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- 52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 9
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTAnON PLAN Control Plan 

- Gallatin from Preston to 3rd (0.2S) 

• Jefferson from Preston to 3rd (0.25) 

TOTAL .> 3.60 miles (S.80 km) 

MDT STREET SWEEPING ROUD 

MDT's street sweeping route will be on Highway 200 beginning at milepost 49.5 at the west end ofthe bridge, east 

through town to the Harvest Food store parking lot. This route is approximately three (3) miles (4.83 km) long 

CITY COMPENSATION FOR STREET SWEEPING 

MDT agrees to compensate the City for street sweeping activities that the City performs on Highway 200 inside the 

city limits. Compensation must be agreed upon by the City and MDT to be determined on or before September I of 

each year. 

SECTION II: STANDARD AGREEMENT 

A. For the purpose of this Section, the following defmitions will apply: 

(I)	 "Central business district" means the area defined by Main, Pond, and Pearl 

streets and the Clark Fork River. 

(2)	 "Clean" means that a road surface does not create visible emissions upon the 

passing of a vehicle. . 

(3)	 "New parking lot" means any parking lot on which construction commenced 

after January I, 1997. . . 

(4)	 "New street or road" means any street, road, drive through, or alley which is 

greater than 50 feetin length, has a projected average traffic volume greater 

than 50 vehicles per day, and on which construction commenced or will 

commence after January I, 1997. 

(5)	 "Parking lot" means a parcel of land located off the public right-of-way which is 

primarily used for the temporary storage ofmotor vehicles. 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 10
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Volume IV
 

Chapter 45
 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

lMPLEMENTATlON PLAN Control Plan 

(6) 

(7) 

(8) 

"Prioritized street sweeping" means a schedule ofstreet sweeping which gives 

attention to streets with the highest traffic volumes first and proceeds in 

descending order of traffic volume to streets with the lowest traffic volume. In 

the event that streets become iced or snow-packed and sanding material is reapplied, this process will s.tart Qyer with tbe highest volume streets receiving 

priority attention. 

"Summer months" means the months of May, June, July, August, September, 

and October. 

"Winter months" means the months of November, December, January, 

February, March, and April. 

I 

J 

-;=;7 

B. City Requirements: 

(I) Within the Thompson FalIs PM-tO nonattainment area, the City may not allow 

the operation, use, or maintenance of any prioritized routes listed in Section I 

unless the following RACT procedures an: applied: . 

"Reasonably Available Control Technology" or "RACT" means; 

(a) During summer months, street sweeping shall be performed on an asneeded basis to the priority routes listed in Section I. 

(b) During winter months, prioritized street sweeping shall commence on 

the first working day after any priority route listed in Section 1becomes 

either temporarily or permanently ice-free and temperatures are 

expected to remain above 35 OF for the next 24·hour period. Unless 

interrupted by additional snowfall or temperatures below 35 OF, all 

priority routes shall be swept clean within four (4) business days. If 

interrupted, the City shall begin the prioritized street sweeping process 

from the beginning. 

(2) Within the Thompson Falls PM-IO nonattainment area, the City shall only apply sanding 

or chip seal material on paved roads and parking lots that has a durability of greater than 

or equal to 9 as defined by the Montana Modified L.A. Abrasion test. The sanding or 

chip seal material shall have a material content smaller than a 200 mesh that does not 

exceed 4.0 percent oven dry weight as determined by a standard wet sieving method. 

.­

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June 20, 1997 

Page 45.2.1 (4) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 11
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

(3)	 The City shall identify the sanding material percent silt content upon request by the'DEQ 

to ensure against increases that may occur within or between gravel pits. 

(4)	 Within the central business district, the City may not construct any new street or road as 

defined in Section II A (4) unless it is paved. The City may not construct any new 

parking lot with a capacity greater than 15 vehicles or more than 50 vehicles/day 

turnover unless the parking lot is paved. 

(5)	 The City shall maintain a record of maintenance activities concerning the exact day and 

route of completed street sweeping and paving projects within the Thompson Falls PM10 nonattainment area. This record of maintenance activities will be made available to 

DEQ upon request. 

(6)	 The City will provide street sweeping service on Highway 200 within the City limits as 

described in Section III below. ­

-c. MDT Requirements: 

; 

I:	 (I) Within the Thompson Falls PM-IO nonattainment area, MDT may not allow the 

operation, use, or maintenance of Highway 200 as listed in Section II unless the 

following RACT procedures are applied: 

"Reasonably Available Control Technology" or "RACT" means: 

(a)	 During summer months, street sweeping shall be perfonned on an asneeded basis to Highway 200 as described in Section I with priority 

given to the section of Highway 200 located within the central business 

district. 

(b)	 During winter months, street sweeping shall commence on the first 

working day after Highway 200, as listed in Section I, becomes either 

temporarily or permanently ice-free and temperatures are expected to 

remain above 35 OF for a 24-hour period. Unless interrupted by 

additional snowfall or temperatures below 35 OF, Highway 200 will be 

swept clean within two (2) business days. If interrupted, MDT will 

begin the street sweeping process from the beginning. 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 12
-


Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

(2)	 Within the Thompson Falls PM-IO nonattainment area, MDT shall only apply sanding or 

chip seal material on Highway 200 that has a durability ofgreater than or equal to 9.0 

percent wear loss as defined by the Montana Modified L.A. Abrasion test. The sanding 

or chip seal material shall have a material content smaller than a 200 mesh that does not 

exceed 4.0 percent oven dry weight as determined by a standard wet sieving method. 

(3)	 MDT shall identify the existing material percent silt conlent upon request by the DEQ to 

ensure against increases that may occur within or between gravel pits. Paved road siltloading samples will continue to be collected annually by a DEQ representative and 

analyzed for silt content percent. 

(4)	 MDT shall maintain a record ofmaintenance activities concerning the street sweeping on 

Highway 200 within the Thompson Falls PM-I a nonattainment area. This record of 

maintenance activities will be made available to DEQ upon request. 

(S)	 As described in Section III below, MDT shall authorize the City to sweep Highway 200 

within the city limits during conditions which do not allow foi- the use ofthe MDT street 

sweeping equipment. 

: . 

SECfION III: SEASONAL AGREEMENT - MDT owns and operates a 1994 Elgin Crosswinds vacuum sweeper which is operated in and around the City for 

purposes ofroad cleaning activities on Highway 200. The City owns and operates a Vanguard 4000 mechanical 

brush sweeper. In order to provide for road cleaning activities on Highway 200 during times when the MDT 

sweeper is not available, the Parties agree as follows: 

.A. City Requirements: 

I)	 Only upon MDT's request, the City shall provide street sweeping service on Highway 

200 inside the city limits with their Vanguard 4000. Based upon the equipment, weather 

conditions, and personnel available to the City, the street sweeping frequency during bare 

road conditions on Highway 200 within the city limits will be as specified in Section II C· 

(b). 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 13
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

'AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

B. MDT Requirements: 

1)	 MDT grants the City the right to enter Highway 200 within the city limits for the purpose 

of performing street sweeping services during the days in which the MDT sweeper is not 

available. 

2)	 MDT agrees to compensate the City for street sweeping activities that the City performs 

on Highway 200 under this Section. Compensation must be agreed upon by the City and 

MDT. 

3)	 MDT and the City will contact each other on or before September 1 of each year to 

discuss the street sweeping contract and compensation as outlined Section I. If 

necessary, the City and MDT shall submit proposed revisions to Section I and submit to 

DEQ -by January 1 of each year. 

SECTION IV: CONTINGENCY MEASURES 

In the event a PM-lO exceedance occurs within the Thompson Falls PM-I 0 nonattainment area, the Parties ha,ve the 

-::::::;:'''1' . following responsibilities until such time as the SIP control measures are revised and approved by EPA: 

A.	 City Requirements: 

The City shall increase its street sweeping frequency on the priority routes as listed in Section I 

from four (4) business days to two (2) business days. 

B.	 MDT Requirements: 

MDT shall increase its street sweeping frequency as outlined in Section I from two (2) business 

days to one (I) business day, ' 

SECTION V: ENFORCEMENT 

The Parties agree that DEQ shall petition the Board of Environmental Review ("Board") for an Order adopting this 

Agreement. The Parties further agree that the Board, if it finds that the terms of this Agreement are necessary to 

achieve and maintain the PM-IO NAAQS, may issue a Board Order adopting the terms ofthis Agreement. Upon 

issuance of such Board Order, the terms ofthis Agreement shall be enforceable by DEQ. 

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Page 45.2.1 (7) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 14
Volume IV 

Chapter 45 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATIONPLAN Control Plan 

SECTION VI: INDEMNIFICATION 

Each Party (hereinafter referred to in this Section as "First Party") shall hold hannless and indemnify the other 

Parties and their agents, principals, and employees from and against all claims, damages, losses, demands, 

judgments, and costs ofsuit, defense expenses, and attorney's fees to the extent arising out of or resulting from the 

First party's wrongful acts, errors, omissions, or negligence, or from the First Party's failure to comply with the 

requirements set forth in this Agreement or with all federal, state, and local laws, regulations, and ordinances 

applicable to the work to be done under this Agreement. 

SECTION VII: EXECUTION 

This Agreement consists of eight (8) pages. One copy ofthe original is to be retained by each Party.. A copy of the 

original has the same force and effect for all purposes as the original. 

In witness of their intent to be bound by the terms ofthis Agreement, the Parties have executed this document on the 

dates set forth below: 

-

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Page 45.2.1 (8) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 15
·­ Volume IV
 

Chapter 45
 

STATE OF MONTANA Subject: Thompson Falls 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Plan 

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Page 45.2.1 (9) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 16
State Montana 

State Agency Department of Environmental Quality 

Affected Area Sanders County 

Regulation Particulate Matter (PM-10) - Plan 

Summary 

Rule Number Plan Summary 

Rule Title Thompson Falls Particulate Matter 

(PM-10) Control Plan 

State Effective Date
 

State Adoption Date
 

EPA Effective Date
 

Notice of Final Rule
 

Date 

Notice of Final Rule
 

Citation
 

Comments
 

Rule:Thompson Falls, Montana Particulate Matter (PM-I0) Control 

Plan 

Approval Dates and Citations: 1/22/04 (69 FR 3011) 

Plan Summary - plan regulates street sweeping activities on 

selected routes within the Thompson Falls nonattainment area; sets 

the type of sanding material to be used on paved roads; and 

determines what unpaved roads, alleys, and parking lots are to be 

paved. 

(ltB_oard Ord_erissued Jllne2Q, 1997, by the MQ111ana Board of 

Enyjronmel1laLReview, as reprintedin section 45_.2.2 ofthe 

Tho111Pson Falls_Air Pollution Control Plan. The Board Order adopts 

and incorporates the May 1997 Maintenance Agreement Between 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 17
the City of Thompson Falls, Mont<!J1a Departm~nt_of Transportation, 

and Montana Department of EnvironmenJal QltCiJity which contains 

th~ control pIal} Jor the attainJ11ent anp m_aintenance oftb~_ PM-10 

National Ambient Air Quality Standards in the Thompson Falls 

area. 

(2) May 1997 Maintenance Agreement between the City of 

Thompson Falls, Montana Department of TransportatiOl1, and 

Montana Department of Environlnental Quality, as reprinted in 

section 45.2.1 of the Iholnpson Falls Air PolllltionContrQLPlan. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 18
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date
 

State Adoption Date
 

EPA Effective Date
 

Notice of Final Rule Date 

Notice of Final Rule 

Citation 

Comments 

Rule: " 1591 order. pdf 

Montana 

Department of Environmental Quality 

Silver Bow County 

Board Orders 

Board Order - 1991 November 15 

In the Matter of the Application of Butte-Silver Bow Council 

of Commissioners for Approval of its Local Air Pollution 

Control Program 

11/15/1991 

11/15/1991 

04/11/1994 

03/11/1994 

59 FR 11550 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 19
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

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3 

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BEfORE THE BOARD Of HEALTH NID ENVIRONMENTAL SCIENCES
 

OF THE STATE Of MONTANA
 

In the matter of the Application
 

of Butte-SlIver Bow Council of FI/iDINGS,
 

Co~issioners for Approval of CO/ICLUSIOIIS
 

its Local Air Pollution Control AND ORDER
 

Progra!ll
 

Background 

1. On October _1_, 1991. the Butte-Silver Bow 

Council of Cc~issioners (BSCC) filed an application with the 

Board of Health and Environmental Sciences (Board), seeking 

approval of a local ai~'pollution control program. A Stipulation between BSCC and the Depart!llent of Health and Environmental Sciences (Department) has been presented to the Board 

in this proceeding (Stipulation). In the stipulation the 

Department and BSCC agree that the proposed local air pollution control program should be approved by the Board as consistent with section 75-2-301. MCA, A copy of this Stipulation is attached to this order as Appendix A and by this reference is incorporated herein in its entirety as part of this 

document. 

2. Pursuant to public not ice t and on november 15,

-1991, at the cogswell Building, Helena, Montana, the Board 

conducted a t.earing on the application of BSCC to establish a 

local air pollution control program. At the hearing, testimony and evidence on the application, inclUding the stipula­

(FINDINGS, CONCLUSIONS AND ORDER) , ",,- -1­

Replaces Pages: 

November 15, 1991' 

Dated: 

Page: 2 of 9 

Page 47.2.1 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 20
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMP ENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

2 

6 

6 

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II 

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2~

tion, Were presented by BSCC and the Department. An opportunity to be heard was provided to all interested parties at 

the hearing, and testimony and evidence on the application 

was presented by the public. Based upon the record in this 

proceeding, the Board enters the following Findings of Fact, 

Conclusions of Law and Order. 

Findings of Fact 

3. On August 3, 1988, and after a pUblic hearing, the 

BSCC adopted an ordinance implementing a control program for 

the regulati::n of emi.-isi1:lns from residential wood burning. 

On Harch 6, 1991, and after a public hearing, the BSCC 

adopted Council Resolution ~o. 1307, establishing sanding and 

chip seal material standards and street sweeping and flushing 

pol icies to be followed by the city and County of Buttesilver Bo... , in Jon effort to regulate emissions from reentrained road dust. 

4. On July 24, 1991, and upon proper public notice, 

the BSCC conduc:ed a pUblic hearing on both the ordInance and 

resolution described above in Paragraph J, and the establishment of a local air pollution control program encompassing 

--the	 City of eutte and that portion of Silver Bow County within the immediate vicinity of the boundaries of the City of 

BuUe, excluding the? municipality of Walkerville. Upon conclusion of the hearing, the BSCC reaffirmed the adoption of 

the above-mentioned ordinance and resolut.ip", and approved 

., 

(FINDINGS, CONCLUSIONS AND ORDER) 

-2­

Replaces Pages: 

November 15, 1991 

Dated: 

Page: 3 of 9 

page 47.2.1 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 21
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

MP EMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

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3 

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6 

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o 

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IS 

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the creation of the local air pollution control program described above. Council Resolution NO. 1307, dated /larch 6, 

1991; Council Bill tlo. 330, Ordinance tlo. 330, dated August 

3, 1991. A map and legal description of the area covered by 

the proposed local air pollution control program is attached 

as Exhibit A to the Stipulation between the Departl:lent and 

BSCC (Appendix A) . 

5. On O::tober 1 1991, the BSCC filed an application 

with the Board, seeking approval of its proposed local air 

pollution control prog~.... pursuant to Section 75-2-301, flCA. 

A copy of the application, which includes the entire proposed 

local air pollution control program is attached to this Order 

as Appendix B and by this reference is incorporated herein in 

its entirety as part of this document. 

6. The location,	 character and extent of particular 

concentrations of population and air contaminant sources, and 

the geographic, topographic and Qeteorological considerations 

involved, and combinations of the foregoing, are such as to 

make impracticable	 the maintenance of appropriate levels of 

air quality without an air pollution control program such as 

~hat proposed by the BSCC in its application. 

7. A local air pollution control progral:l which inclu~es the boundaries proposed herein is an acceptable .lternative to direct state administration. 

B. The proposed local air Polllltion",- control program 

.'. 

(FINDINGS, CONCLUSIONS AND OROER) -3­

Replaces Pages: Dated: 

November 15, 1991 Page: 4 of 9 

Page 47.2.1 (4) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 22
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality control 

Pro ram 

2 

3 

5 

6 

8 

9 

10 

II 

12 

13 

14 

15 

18 

17 

18 

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20 

21 

22 

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24 

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prey ides for admin istrati ve organi zat ion, sta f f , (inancia 1 

and other resources necessary to effectively and efficiently 

carry out the program. 

9. The proposed	 local air pollution control prograr> 

has been adopted into local law and includes the necessary 

provisions Cor enforcement by administrative and judicial 

process. 

10. The local ordinance constituting the proposed local 

air pollution control program which is the subject of this 

./ . proceeding is contained in Appendix 8 to this Order. The 

Board finds that this local ordinance is compatible with, 

~ore strinqent, or more extensive than the corresponding 

requirements under the Montana Clean Air Act, Title 75, Chapter 2. HCA. and regUlations adopted by the 80ard thereunder. 

11. There are several sources within the boundaries of 

the proposed Butte-Silver Bow Air Pollution Control Program 

whose complexity and magnitude is beyond the reasonable capability of the program, and the control of which may be more 

d f iciently and economically performed at the state level. 

Tbese sources include the following: the copper and 

molybdenum mine and concentrator located in Butte, currently 

doing business as Montana Resources; the elemental phosphorous plant located at Silver Bow. currently doing business as 

Rhone-Poulenc; and the asphalt plants located in Butte, currently doing business as Rite-Way asphalt, Gi)man Excavating, 

"(FINDINGS, CONCLOsIONB AND ORDER) 

-4­

Replaces Pages: Dated: 

November 15, 199i Page: 5 of 9 

Page 47.2.1 (5) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 23
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver BoW' 

Air Quality Control 

Pro am 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

and Butte/Silver Bolo/ Asphalt. In addition. the BSCC has 

limited the scope of its proposed local air pollution control 

prograc as follolo/s: 

This Ordinance applies to all persons. agencies. 

insti tutions. businesses, industr ies or government 

entities living in or located Io/ithin the [boundaries described above in Paragraph 4). Stationary 

sources with the potential to e"it more than 25 

tons per year OfJan¥ pollutant, Io/ith the exception 

of five (5) tons per year of lead, regulated under 

the Montana Clean Air Act. are not subject to this 

Ordinance. 

Council Bill Ho. JJO, Ordinance Ho. JJO, dated August J. 

1991, Section J, entitled "Scope". 

12. The Department should assume and retain control 

over any source regulated by the Montana Clean Air Act. Title 

75, Chapter 2. MCA, for which the BSCC has not provided by 

ordinance or local	 la.... for requirements which are at least 

compatible Io/ith those imposed by the Montana Clean Air Act or 

--regulations adopted thereunder. 

IJ. The Board finds that. as part of the requisite 

de~ree of authority necessary to administer its proposed 

local air pollution control program. it is appropriate for 

the BSCC to be responsible for emerge'lcy p_~"ers as provided 

in Section 75-2-402, MC.... in regard to those sources gov­

(FINDINGS, CONCLUSIONS AND ORDER) -5­

Replaces Pages: Dated: 

November 15, 1991' Page: 6 of 9 

Page 47.2.1 (6) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 24
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMP TATION PLAN 

sUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro am 

2 

3 

5 

6 

8 

9 

10 

11 

12 

13 

14 

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erned by the proposed local air pollution control program. 

The Oepartcent should retain such emergency powers over all 

other sources. 

Conclusions of Law 

1. Proper notice	 and an opportunity to participate in 

this proceeding has been provided to both the Department and 

BSCC, and the public. Title 2. Chapters) and 4, MCA. 

2. The local air pollution control program proposed by 

BSCC meets the requirements set forth by statute for approval 

by the Board. Section 75-2-)01, MCA. 

J • 

). The Department should assume and retain control 

over any source regUlated by the Montana Clean Air Act, Title 

75, Chapter 2. MCA, for which BSCC has not provided by ordinance or local law	 for requirements which are at least compatible with those imposed by the Montana Clean Air Act or 

regulations adopted thereunder. 

4. Pursuant to statute, and except for the emergency 

powers provided for in Section 75-2-402, HeA, the Board may 

not delegate to BSCC the authority to control the following 

sources ot air contaminants: those that require the preparaticn o[ an environmental impact statement pursuant to Title 

75, Chapter I, Part 2, MCA; those that are SUbject to regulation under the Hontana Hajor Facility Siting Act, Title 75, 

Chapter 20, HCA; those that have the potential to emit 250 

tons per year or more of any pollutant subject to regUlation 

.~ (FINDINGS, CONCLUSIONS AND ORDER) 

-6­

Replaces Pages: Dated: 

November 15, 1991' Page: 7 of 9 

Page 47.2.1 (7) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 25
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

sUbject:	 Butte/silver Bow 

Air Quality Control 

Pro ram 

2 

3 

6 

7 

8 

9 

10 

II 

12 

13 

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III 

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under the Hontana Clean Air Act, Title 75, Chapter 2, HCA, 

including fugitive emissions, unless the authority to control 

the source "as de legated to Bsce prior to January 1, 1991. 

section 75-2-J01(4), HCA. 

5. The Board may not delegate to BSCe the authority to 

control those sources "hose complexity and magnitude is 

beyond the reasonable capability of BSee, or the control of 

"hich may be ~ore efficiently and economically performed at 

the state level. Section 75-2-J01(9), HeA. 

6, The findings of fact contained in this Order are ../ < 

hereby adopted as Conclusions of La". 

I. The Board approves the local air pollution control 

program proposed by the Butte-Silver Bo" Council of eommissioners, as contained in the application initiatinq this 

proceeding. 

2. The Board directs the Department of Health and 

Environmental Sciences to assume and retain control over the 

follo"ing SOurces of air contaminants: those listed in Sec­

-tion 75-2-J01(4), HCA; the copper and molybdenum mine and 

concentrator located in Butte, currently doing business as 

Hontana Resources; the elemental phosphorous plant located at 

silver Bo.... , currently doing business as RhOne-Poulenc; and 

the asphalt plants located in Butte, currently doing business 

.. (FINDINGS, CONCLUSIONS AND ORD~R)

-7­

Replaces Pages: Dated: 

November 15, 1991' Page: 8 of 9 

Page 47.2.1 (8) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 26
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

MP EMENTATION PLAN 

SUbject:	 Butte/silver Bow 

Air Quality Control 

Pro ram 

2 

3 

5 

6 

7 

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9 

10 

11 

12 

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24 

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as Rite-Way asphalt, Gilman Excavating, and Butte/Silver Bo~

Asphalt. 

3. The Board directs the Department of Health and 

Environmental Science~ to assume and retain control over 

those sources of air contaminants ~hich are not intended to 

be covered by the proposed local air pollution control prograo, as described in Council Bill No. 330, Ordinance 110. 

330, dated August 3, 1991, Section 3, entitled "Scope". 

4, The Board directs the Department of Health and 

Environmental sciences to assume and retain control over any 

source regulated by t.!><' ./lontana Clean Air Act, Title 75, 

Chapter 2, HCA, for which BSCC has not provided by ordinance 

or local law for requirements which are at ieast co~patible

with those imposed by the Montana Clean Air Act or regulations adopted thereunder. 

4. The Board orders that the BSCC shall be responsible 

for emergency powers as provided in section 75-2-402, HeA, in 

regard to those soUrces governed by the proposed loca 1 air 

pollution control program. The Department should retain such 

emergency powers over all other sources. 

DATED this J,," day of ~J",...J. .. ,I...J. v , 1991. 

DaVid W. Simpson 

Chairman 

(FINDINGS, CONCLUSIONS AND ORDER) 

, '~ -8­

Replaces Pages: Dated: 

November 15, 1991' Page: 9 of 9 

Page 47.2.1 (9) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 27
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 28
State Montana 

State Agency Department of Environmental Quality 

Affected Area Silver Bow County 

Regulation Board Orders 

Rule Number Board Order - 1994 May 20 

Rule Title In the Matter of the Application of Butte-Silver Bow Council 

of Commissioners for Approval of Amendments to its 

Local Air Pollution Control Program
 

State Effective Date OS/20/1994
 

State Adoption Date OS/20/1994
 

EPA Effective Date OS/22/1995
 

Notice of Final Rule Date 03/22/1995
 

Notice of Final Rule 60 FR 15056
 

Citation
 

Comments See also 12/6/99 (64 FR 68034) Federal Register action. 

Rule: 052094order.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 29
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUAL1TY CONTROL 

IMPLEMENTATION PLAN 

sUbject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

1 

2 

3 

5 

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BEFORE THE BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES
 

OF THE STATE OF MONTANA
 

In the Hatter of the Application 

of the Butte-Silver Bow Council of 

Commissioners for Approval of FINDINGS OF FACT, 

Amendments to its Local Air CONCLUSIONS OF LAW 

Pollution Control Program. AND ORDER 

BACKGROUND 

1. The Butte-Silver Bow Council of Commissi~ners

(BSCC) have requested that the Board of Health and Environmental Sciences ("Board"), approve substantial amendments to 

its local air pollution'control proqram. 

2. Pursuant to public notice, and on May 20, 1994. at 

the Cogswell Building. Helena, Montana, the Board conducted a 

hearing on this matter. At the hearing, testimony and evidence were presented by the Department of Health and Environmental Sciences ("Department"). An opportunity to be heard 

vas provided to all interested parties at the hearing. Based 

upon the record of this proceeding. the Board enters the 

following Findings of Facts, Conclusions of LaV and Order. 

22 FINpINGS or FACT 

23 3. On November IS, 1991, end pursuant to section 

24 75-2-301, MCA, the Board approved a local air pollution con25 trol program for the City of Butte and the County of silver 

26 BoW, encompassing the City of Butte and that portion of Sil27 ver Bow County vithin the immediate vicinity of the boundaries or the City of Butte, excluding the municipality of 

Replaces Pages: IDated: ...-1\;..)-:;..... ,~.. 

May 20, 1994 , -:p'_age 2 of 9 

page 47.2.5 (2) --. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 30
Volume IV 

Cha ter 47 

STATE OF MONTANA SUbject: 

AIR QUALITY CONTROL Butte/Silver Bow 

IMPLEMENTATION PLAN Air Quality Control 

Pro ram 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

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20 

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25 

26 

27 

Walkerville. The Board issued a Findings of Fact, Conclusions of Lllw and Order, the contents of which it now tllkes 

administrative notice. Administration and implementation of 

the program is currently under the direction and control of 

the BSCC. 

4. That pursuant to section 172 of the federal Clean 

Air Act (42 U.S.C. section 7503), state implementation plans 

for nonattaiIUllent areas llre required to contain specific 

contingency measures that become effective without further 

action if the nonllttainment area fails either to make reasonable further .progress, or to attain the national primary 

ambient standard by the applicable attainment date. 

5. On April 20, 1994, the BSCC adopted Ordinance No. 

468, which amends its air pollution control program by conditionally adopting regulations for the use of chemical deicers in lieu of conventional sanding materials, to be followed by the city and county of Butte-Silver Bow, and the 

Montana Department of Transportation. These regulations are 

to become automatically effective if compliance with the 

particulate matter NAAQS is either not demonstrated by December 31, 1994, or not maintained llfter that dllte. A copy of 

Ordinance No. 468 is attached as Exhibit A to this Order, and 

is incorpo~ated herein in its entirety by this reference. 

6. In this proceeding, BSCC is seeking approval of the 

above-described amendments to its local air pollution control 

program. 

7. On April 20, 1994, and upon proper public notice; 

2 

Replaces Pages: I Dated: 

May 20, 1994 

Page 47.2.5 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 31
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

subject: 

Butte/silver Bow 

Air Quality Control 

Pro ram 

1 the Bsee conducted a pUblic hearing on proposed Ordinance No.
 

2 468 which amends the local air pollution control program, and
 

3 which is the SUbject of this proceeding before the Board.
 

8. In its Order of November 15, 1991, the Board found
 

5 that' the location, character, and extent of particular con­


6 centrations of population and air contaillnant sources, and
 

7 the geographic, topographic and meteorological considerations
 

8 involved, and combinations of the foregoing, were such as to
 

9 malte impracticable the maintenance of appropriate levels of
 

10 air quality without a local air pollution control program 

11 such as that administered by the Bsec (Finding No.6). The 

12 Board also found that the local air pollution control program 

13 was an acceptable alternative to direct state administration 

14 (Finding No.7). The Board reaffirms the appropriateness of 

15 these findings, as they relate to the BSCC local'program, as 

16 amended by this application. 

17 9. In its Order of November 15, 1991, the Board found 

18 that the local air pollution control progralll prOVided for 

19 administrative organization, staff,' financial and other re20 sources necessary to effectively and efficiently carry out 

21 the program (Finding No.8). The Board reaffirms the appro22 priateness of these findings, as they relate to the BSeC 

23 local program, as amended by this application. 

24 10. In its Order of November 15, 1991, the Board found 

25 that the local air pollution control program administered by 

26 BSCC had been, adopted into local law and included the neces-"" 

27 sary provisions for enforcement by administrative and jUdi3 

_R~e:.l:p:.:l;.:a:.:c:.;:e;,:s:;...;p:..a::.ag..;;e..;;s;.,:: [....:D::::a~t;:.:::e~d~: __"_'" _
 ·5.~~ .~~~~. ,~

May 20, 1994 Pf~e 4 of 9 

Page 47.2.5 (4) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 32
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

1 

2 

5 

6 

7 

·8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

. 19 

20 

21 

22 

23 

24 

25 

26 

27 

Replaces Pages: 

May 20, 1994 

cial process (Finding No.9). The Board reaffirms the appropriateness of these findings, as they relate to the BSCC 

local program, as amended by this application. 

11. Exhibit A to this Order contains local Ordinance 

No. 468, which constitutes the proposed amendments to the 

local air pollution control program that are the subject of 

this proceeding. The Board finds that Ordinance No. 468 is 

compatible with, more stringent, or more extensive than the 

corresponding requirements under the Montana Clean Air Act, 

Title 75; Chapter 2, MCA, and regulations adopted by the 

Board thereunder. 

12. The Board finds that, as amended by this application, BSCC is only seeking authority to operate a local air 

pollution control program which regulates certain defined 

activities (concerning roads and solid fuel burning devices) 

in discrete geographical areas (the air pollution control 

district). 

13. Consistent with the BOa!d's previous' Order, implementation of the local air pollution control program, as pro1>osed to be amended in this proceeding, is not intended in 

any way to interfere with the retention of jurisdiction for 

the Department over those sourceS and activities not subject 

to the BSCC local program. ~,In the Matter of the Application of Butte-silver Bow Council of Commissioners for Approval of its Local Air pollution control Program, dated 

November 15, 1991, Findings, conclusions and Order, Finding 

No. 11, Conclusion Nos. 3, 4 and 5, Order para. Nos. 2, 3, 

4 

IDated: 

P~ge 5 

page 47.2.5 (5) 

of 9 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 33
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

1 

2 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

Replaces Pages: 

May 20, 1994 

ancl 4. 

14. The Boarcl fincls that the Department shoulcl assume 

ancl retain control over any source regulatecl by the Montana 

Clean Air Act, Title 75, Chapter 2, MCA, for "hich BSCC has 

not proviclecl by orclinance or local la" for requirements compatible "ith, more stringent than, or more extensive t.han 

those imposecl by the Montana Clean Air Act or regUlations 

acloptecl thereuncler. 

15. The Boarcl fincls that, as part of the requisite 

clegree of authority necessary to aclminister its proposecl 

local air pollution control program, it is appropriate for 

BSCC to be responsible for emergency powers as proviclecl in 

Section 75-2-402, MCA, in regarcl to those sources ancl activities governecl by the local air pollution control program, as 

amenclecl. The Department shall"retain such emergency po"ers 

over all other sources. 

CONCLUSIONS OF LbW 

1. Proper notice ancl an opportunity to participate in 

this proceecling has been proviclecl to the Department, the 

applicant, ancl the pUblic. Title 2, Chapters 3 ancl 4, MCA. 

2. The local air pollution control program aclministerecl by the BSCC, ancl as amenclecl by the application in this 

proceeding, meets the requirements set forth by statute for 

approval by the Boarcl. Section 75-2-301, MCA. 

3. The Department should assume ancl retain control 

over any source regulated by the Montana Clean Air Act, Title 

.' 

5 

IDated: :-:--,:>';.~ ... pj:lge 6 of 9 

Page 47.2.5 (6) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 34
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

1 

,2 

4 

5 

6 

7 

8 

10 

11 

12 

13 

14 

15 

16 

1i 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

75, Chapter 2, MCA, for ...hich BSCC has not provided by ordinance or local law for requirements ...hich are at least compatible with those imposed by the Montana Clean Air Act or 

regulations adopted thereunder. 

4. Pursuant to statute, and except for the emergency 

powers provided for in Section 75-2-402, MCA, the Board may 

not delegate to BSCC the authority to control the following 

sources of air contaminants: those that require the preparation of an environmental impact statement pursuant to Title 

75, Chapter 1, Part 2, MCA; those that are sUbject to requlation under the Montana Major Facility siting Act, Title 75, 

Chapter 20, MCA, and; those that have the potential to emit 

250 tons per year or more of any pollutant sUbject to requlation under the Montana Clean Air Act, Title is, Chapter 2, 

MCA, inclUding fugitive emissions, unless the authority to 

control the source was delegated to BSCC prior to January 1, 

1991. section 75-2-301(4), MCA. 

5. The Board may not delegate to BSCC the authority to 

control those sources whose complexity and magnitude are 

beyond the reasonable capability of the applicants, or the 

control of Which may be more efficiently and economically 

performed at the state level. Section 75-2-301(9), MeA. 

6. The Findings of Fact contained in this Order are 

hereby adopted as Conclusions of Law. 

The Board approves the local air pollution control 

6 

.-;;.;R;.;.e...p.;;;l;..;;a.;..;c;...e_s-..,;p;;..a.;.;.9""'-e,;;,s...;.: I...;D;;.a,;,;,t..;...e_d...;.: -"".~------_

May 20, 1994 Page 7 of 9 

Page 47. 2 • 5 (7) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 35
Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

1 

2 

3 

5 

6 

7 

8 

10 

11 

12 

13 

14 

15 

16 

17 

18 

20 

21 

22 

23 

24 

25 

26 

27 

program currently being administered by BSCC, as amended by 

the application in this proceeding. 

2. T~e Board directs the Department of Health and 

Environmental Sciences to assume and retain control over the 

following sources or air contaminants: 

a.	 those listed in Section 75-2-301(4), MCA: 

b.	 the copper and molybdenum mine and concentrator located in Butte, currently doing business as Montana 

Resources; 

c.	 the elemental phosphorous plant located at Silver 

Bow, currently doing business AS Rhone Poulenc: 

d.	 the asphalt plants located in Butte, currently 

doing business as Rite-Way Asphalt, Gilman Excavating, and Butte/Silver Bow Asphalt; 

e.	 any source regulated by the Montana Clean Air Act, 

fitle 75, Chapter 2, MCA, tor which asee has not 

provided by ordinance or local law for requirements 

which are at· least as compatible with those imposed 

by the Montana Clean Air Act or requlations adopted 

thereunder: and 

r.	 those sources of air contaminants which are not in~

tended to be covered by the approved local air 

pollution control program, as amended, as described 

in paragraphs 12 and 13 of the Findings of Fact 

herein. 

3. The Board orders that Bsee shall be responsible for 

emergency powers as provided in Section 75-2-402, IICA in 

7 

Replaces Pages:	 Dated: ~,',,"' -~'. ~;.\. ; 

May 20, 1994 Page 8 of 9 

Page 47.2.5 (8) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 36
Volume IV 

Cha ter 47 

Subject: 

AIR QUALITY CONTROL 

STATE OF MONTANA 

Butte/Silver Bow 

IMPLEMENTATION PLAN Air Quality Control 

Pro ram 

1 regard to those SOUrces and activities governed by the ap2 proved local air pollution control program, as amended. The 

3 Department shall retain such emergency powers over all other 

4 sources. 

5 

) +----­ 6 DATED this day ot May, 1994.
 

7
 

8 BOARD OF HEALTH AND 

ENVIRONMENTAL SCIENCES 9 

10 

11 

12 

13 

15 

16 

17 

18 

20 

21 

22 

23 

24 

25 

26 

27 

8 

_R_e..... p_l_a_c_e_s_P_a...g....e_s_: I...;D=-=a..::t..::e..::d:..;:;........ ---",=-":-..."......-..;~---- <~ .. ';~i~ ".. 

May 20, 1994 P~ge 9 of 9
 

Page 47.2.5 (9)
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 37
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 38
State Montana 

State Agency Department of Environmental Quality 

Affected Area Silver Bow County 

Regulation Ordinances 

Rule Number Ordinance 330 

Rule Title Establishing Residential Wood Burning and 

Idling Diesel Vehicle and Locomotive 

Requirements 

State Effective Date 11/15/1991
 

State Adoption Date 11/15/1991
 

EPA Effective Date 04/11/1994
 

Notice of Final Rule Date 03/11/1994 

Notice of Final Rule 59 FR 11550 

Citation 

Comments See also 12/6199 (64 FR 68034) Federal 

Register action. 

Rule: ordinance330. pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 39
--------~ Volume IV--_~·--

Cha ter 47 -.-. 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION 

." ., .....,~".-....,..­....,_.. 

.,.•"'..,.,....~-.",.. 

CIXWC:L. BILL HO. JJC
 

1 I" OtllI,....,.C& NO. J)O


2 All OI'llIllANCE lWlllCINC TIlE LEVU. or AIR POLI.UTAIITS AT OR Ic.ow II 

IITNon STAllll.Ulls rellND IN ~IMIST~TIW RULU or IOCllfToUiA. TITU 

1\ l6. CRAP'nR 1 'UI-<:IlAPTU • AIID 9. AlID IN Err.C'f AS or OC'TOUR 

1 $. 191$ I UOVIDINC PCI ll:'nlOUTY I UOIIIDIIlC rOR tlcn'rr I pltO­

-i i!VIDINC rOR 'COPE I PIlOVT1>IIlC rOR OEhl/UION AIID 'I..... , ESTU7 ~LlS8INC IU:Gt2UTIOHS, P~t)INC rOil PEMITS' PIlOVlt1IHC 1"O1l IN­ " 

IlrOIlCt.MZlfT1 PJt.OVICItiC rOJl jIIE"!ol'o\lTl[S, PROVIDINC FOR srwJt.A.lIL:':'Y: 

Ii IlPROVItHNC reR ':'Ht UPU':' :r ,,~y OIilCINMCE OR IlESOLUTl(JN' IN 

10 UCONrLIC1 HEUWI'nf1 ,\J\D Pacvl01NC rOR "'N z:rrECT:tw D'\TE "tUIJI. 

11 liB! 11' ORDAINtC 1'1 THE COt."IIC:t. or COMMlSSlONEIlS or THE CITY A.NC

I~ IICOUNTY or IU'IU-SILVEI lOW. STATE Of I<ON'I""". 

l~ II!StCTION 1:

, 

l~

16 "SECTION l, 

17 II 

18 !\ 

19 II 

20 Ii 

~~ rEmON J, 

~3 Ii 

JO U.C'fION "
 

31 ,~
 

JJ 
 

..... ,. 

~: Ttl••U~hoC"lty co pC"e-ul,n. Ul1. 

OC",hnenc. u provided tor 1" Ord1nenc... of the 

0' tf\. Clty a"d Co~nty ot 

lutte-Silver 80-.". 

DETTHITTONS, For the ,,~rpo•• at thu Ordinance 

tna follovll\Cf deUnU10n. er.eU .pply: 

pOtenual t.o .Il,a IIore then 2~ tone p.r y.al' at 

any poUu.u.at., wlt" the ...cepti0n at fly. (,) ton, 

November of 18 

Re 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 40
Volume IV 

Cha ter 47 

STATE OF MONTANA" 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

ii··, 1D ....t. I.o&e, Viper, Odor, or UI.'f ~n:1C"Q,1.tA1

-..,; III • ...1r polluUol'l' '''Canuol DlIU1Ct- MUl. &:.hI 

a i 9609rlphlc:al .~•• cl•• a.q-a.a~ ... auclto by t.,ha ...p 

abel 11ql1 d1 acrlpt1o.a .~t.Cbed h.erlto a.n4 by tb.ll 

5 'I 

, 

I 

:0 " 

:1 tOI ·C1I•• 1 'lraJ,t- UI"a an ••11",,= pera1t 

l~ d 111aed 11'( to". COv.r~nt t.o o~r.t.... ntL4.n~hl

:: I:' 

\5 (t, -!.'l. tlat.h04- ....n. ~O cr" Par" 60. a\ab~rt.

IS AM. Sect,10ft. 60.':11, 60~5)C, and 60.535. 

17 

18 ! 

Id I 

20 1\ 

21 :' ("1 ·Opacity- 1r.IUI • ..••lJ.r...nt. a~ 'Vl.1~h

._1••10n. defined •• t.b.1 41q-r.. • ..,rl.1MCi 1n 

ot L1.qh.t. aM oblcv.rl th• ..,,..,.. of 1ft, Ob1.ct. 1n tJl.. 

25 bacaqrouncl. O~C'lt.., Ihall b. dltlrwlM4 only by 

28 CDVlrnMftt parHlftftal "bo hi". l\lcee..tall., ce-­

27 piatid the Mot\ltA.M O.,.~n'L of 1I•• 1t.h .D4 

~s z.a.l'onMDtll IClaaet11 Vllu.al b1"1001 h.lult1oa 

Z! Cour•••n4 hold a cvtte"t. qva1111C:.don. 

30 (1' ·Or.qen twUlc4- _an. Ore"lon O.,.r~n'L ot 

3\ II !ft'YLI'ONMht.al Qualit.y ·SUDdal'd J1.UOd tor 2'1••­

_32..:

-= 11 

Re laces Pa es:
 

November 15, 1991
 

..., . 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 41
I 

, 

I 

,\ 

,

• ,I

, j I 

., . 'I

.'

,

I

, 

10 

II 

1~ , 

13 

15 

15 II 

\7 \ 

IS I 

~9 I 

21 

23 

21 

2~

30 

31 

32 

-,-­

HO. C1Ylll.on :u Sf.C~Jon. 100, ~JO, 140, :0. 160. 

~61. Ill. II'. III • 

j)ar nour.
 

'll.~ 'sOl.8 Sourc. of H•• ~· :n••n. ona .:r "0'_
 

reue.nCe !or purpo.. ot apac. h••unq. No 

pnvata ualdanca 1. aqulpped witft • parunaatLy 

h.at U'o. r••loanc. connecte4 or dllconnacted fralta anarqy "ourea, utl1111nq 0-11, nAtural (Ja •• 

eLactUcltYI or -pro9..a.a. A auLe IOUC'C. p.~t ••y 

b. l'.U.4 by t1'la qov.C',...nt litn.", the I\••tlnq 

,yat•• 18 only aln.a.uUy 

p.L\UlIDlnq t.t'c. tr••11nq. 

vltJl • r••lel.nclil .olLd 

qualLU •• tor I CL ••• 1 

lIutt1clant. to ...... tn. 

onLy c••lei.nc•• aq'llPpecl 

fuel burn,"" cleYlca wtllen 

,.rut. NY oauna • n." 

Sol. Source at H.at 'emit .. h .•e July 1, nil. 

fLl 'Speocul N...• Ill••nl • per.on ",no d.-oaIt:f1tefl an econcalC need to bu.rn .01111 fuel for 

~e.lc1en'tl.l 'pac:e heaunq putpo••e by qu.L1fyll'ul 

..._---------------­

Re laces Pa es: 

November 15, 1991 

47.9.1.1 (4) 

18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 42
Volume IV 

cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTR 

IMPLEMENTATIO 

, ., 

'the Cay ana Count.y ··~f Dutt.-Sllver Bow by tJ'l1 

:altrlct 12 Hwa,an •••ourel Olvilopaaenc CoW\cll. 

q I 

:0 oI src':':ON 

'~l Scl':'~ f'.Jel Dl.lrn.Lnq DeVlc•• 

W1UI1n the all' pollutlon control dUi"Iot apply to e81 ••.LOnl durlnq thl bul1dlnq ot 

20 

:;atlnq r.o 1801'1 than trurty 1,)01 1Il1nut•• In 

any tOur t I hOur partod. 

23 J. WltJHn thl "11' PolluCl0n Contrel 011­

2' tUet. no parlon in Control of • ulldenct.l 

ZS 'I 

Y1l1bh 11II.11.10n Crca .uen daVlC. durlnQ an 

:: !I ~lr PoUut10n Alert dlclatld. by the QoYlrn1II1nt I.Inl ...... Sale Source ot He.t. Special zs !.~ 29 I Heed hrwlt. Ci••• 1 ,.,.It or I TI.-pol'lry 

30 i Soh Sourci ot H.at 'Ira1e h •• bl'" ha"ld 

31 ~or 'ueft device. 

3Z Ii 

_e, M_ ;1 

caua.. allow, or dlacnarql ••1••10nl trc:a. 

Re laces Pa 

November 15, 

es: 

1991 of 18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 43
Butte/Silver Bow 

Air Quality Control 

ram 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

.........~,....... 

Volume IV ---­-----~_

Cha ter 47 

~. Wlt.J'11t\ the Alt Pollut.1on Cont.rol 01'­

....hleh In 01: In OPIUty "".'t.lr \.tIln tin Cl0) 

?1Z'Cent. d,'.lrlnq In "11' 'Pollution Alere de" 

'.' I 

:0 "

I~

13 

14 

IS 

18 

17 

13 

\9 

~O

28 

30 

31 

no 1'101'1 tnln thirty ,JO\ IU.nut•• 1n u.y tour 

crluon ot ('"-101 'Ill un.n tne AU' 'OlluUon 

ContrOL OllCnct equila or ••eled. 100 

, :::u::toqr .... plr C.\~.:Hr: ~.t.r luql.~\ IVI,lqld 

Il:Untlt1c Ino IDIl.lroloqlcll dltl lndlCatl 

ene 4VIUa. (PM-101 concentraUonl .... 111 

reNin at 100 uQ/llJ 1~ In Alr Pollution Alan 

u not c.Ued. ':'hl CoY.~nt Ny CIU In 

Au Polluuon Ahrt ",,,.nlVu· .veUuh 

ICUntUlc Inc! aa1.lroloqlCll ~ac.. lruUClte 

t.hat tn, U01ent: coneentrlcion aC (,M-101 

vlt.hln Ch. AU' POlluUon Canuol DlaUlct. can 

r •••onuLy be '.P.Cte-Q to .,qull Or' llIJ1Ceed 100 

",q,.] av.raqed OVU' • leu.r' l4.l "O~l' 'Pet'loG 

Dated: 

Page: 6 of 18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 44
Volume IV 

Cha	 ter 47
 

STATE OF MONTANA
 

AIR QUALITY CONTROL
 

IMPLEMENTATION
 -~~ ~-_..­ -- ¥---~--- .....•.'.:;-;..... -"'._--_.,--_.­

... 1.tJUn the nezt, Of.nt.y tCu.r I H I I'.OQU. A... 

Coverna.nt lUoy u.. n.phele-eur r.&din". 

, 'I corr.ht,d to ...IU,lnt IPM-10I (;'On.c:.Gt.rltlon •• 

5 ii 6. -:-n. (;ov'rnaent. n••• dut.y, ""h.n d.cl.rlnq 

.In ,Ur Pol1uu~ Al.rt. to D. 1ft .tt.et., to 

Ii tl'" r'••onab.1. to p~Uell' th,t 

"OIl 

I	 .t.p. I lntoraat.lon aru1 to .... It r•••On.a.Dly 'V.1.1­

, , abll to tn. PUDUc; It 1"It. tnr.. 13) hQ\lr. 

:0 ~etor. ln1tl.Unq &f\Y .nforC:'eel\t &celon tot 

:3 

tn. All' PoUut.1on Control Di1U1e-t 1\ •• • duty 

:5 to know "n.n an u.r pol!ut,10n ,Urt. 1'1" DeaD 

18 

17 8. Solid 'U'l 

13 1. Wlt.h.1n the All' Pollut1on Control Dl.trlct 

19 

~o rlud.nUll ,ol1d fu'l burn1nq daYle ••xc.pt. 

bhcl: .nd "''Ut. naw_pap-r. u.ncrllud VOOd e.nd. 

l~er. ..nd prc4I.1C't.1 manufactured. tor thl 

IOle purpo.. e ot u.e .. I fUll. product.. 

21 

25 1I\11C eotlfonl. to ot.l'ler appllclble tacUonl of 

25 thll pr01r..
 

27
 1. 'tn. "Ie of eo.l "I a ha.l in .I : ••14....­

23 ual IcheS fUll burni"1J devlc. 11 prob.UUUd 

29 wlt.h.1h the All' Pollution Cont.rol DUtz1et.. 

30 C. L!q\lld Full I 

31 ! 1. It 11'1111 b. e v1ol.lt1on of thiS Ord1nance 

32 :i 

_.,1 

:1 

I 

Re laces pa es: 

November 15, 1991 

Page 

Dated: 

~~~ 7 of 18 

'""---. 

47.9.1.1 (7) ----... 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 45
__ 

-----...."-.....--.~

" ...........


:-::-­

Volume IV 

Cha ter 47"--... 

STATE OF MONTANA 

AIR QUALITY 

IMPLEMEN 

to aUOW' I1h••l tUll :lo:rnlnq vlnlcl.. or 

~oca.ouv•• to leU.• over .. pluod uc••dlnq 

On. III hour QUrI,nq an AI,: PalluuoQ Al&:'~ • 

.. liSECTICN 6: 

d ~:

1"1 C~ ... I PenU,t' 

".l'ne Gov.r-r=ea~ uy 111\11 .. el••• [ hrwlt .i II 

'I !cr ICllld tUll burnlnq c:.lvlC•• l~ t,.......11­

! 

II 

.... nn tt:e Oreqon ""tnoa c;c 4.1 qruu per flour 

".etnoQ. 

;3 

1l burnlnq devlC:1 ..,nlch uy CI operlc.e<1 duc1nq 

15 4n "11' PoUuuon Alart. .~.u b. vaU4 tor .. 

\6 'PU'\O<! of t.va \2\ y.ar. !or any lolld fUll. 

17 t1urnlnCJ daYlc_. Tnay .naU not til t.ran.hrIS ! 4bl, trclII plrlon 1.0 perl<ln or trca Place to 

,I 

tBI Soh Sourc. H,at. 'Irw.lt 

1. Within thl Alc PolluU,on ControL 01 •• 

tric:t, no plrlanal 1n contraL at • ".111,,,­

23 

30 

31 

n 

--,II 

:1 

'I 

-._-----­

"'f11cn Ira at • opaCity qt••tlr tnan un 110) 

of 18 

Page- 47.9.1.1

es: 

1991 

..--' 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 46
Sole Source H•• r. Plnuu .naU b' 10'1114 tor 

on. III y••r. 

lei ':'e~r.ry SU'",,1i SourC_ of H.at PU"Illt 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION 

"-----"--~.~-"'_.--.

-------. Volume IV - Cha ter 47 

10 .J 

11 

1Z 

13 central neat1nq !lylt.. 15 lnoperUlla Othlr 

Iii 14 

IS 

16 

\\ 17 

18 

19 

ZO 

~I

22 

23 n••d to blo:lrn aOlld fUll for r"ldantu.L .pac. 

24 I"l••unq purpc... by qUIU ty lnq tor anu'qy 

2S .nllltanc••ccordlnQ to IConc.1C quidalln•• 

26 elUbllanad by tn. u.s. ottiea ot Manaq...nt 

27 and lu.dqlr. under tha Lov Inee-tl EnacCJY 

28 ....uu.•nc. Pceqr.. (L.I.t.A.P.) •• a4alll1a29 tlrad in tha City and Count.y ot IUtu-Sllvlr 

30 lev by tn. Ollt.l'lct 12 HuaAn a ••ourci Oly.l31 O,..nt Counc1l. 11 eUqlbh tor a SplcUl 

32 

_.\ .- ., 

;1 

Ii 

Re laces Pa 

November 15, 

es: 

1991 

-Dated: 

~. Page: 9 of 18 

--------­ 47.9.1.1 (9) __, 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 47
~~'"
 ">. ~~:'''''

7'~"

'­ ~::::-.::.c:;>~~~

Volume IV 

Cha ter 47 

STATE OF MONTANA 

AIR QUALITY CONTRO 

IMPLEMENTATIO 

Need P.nut ",nl~ ,n.u be 1""1lG by the 

Goy.~nt.

ba &ad. to the GoverNMnt at. any tu., &ll4 .. 

lpeel.l n..d peAlt Ihall ba vaUd tor .. 

perIOd of not ItOre than on. (11 y••l' Ira- Ul. 

chta it .L. u,ued. SpecIal " • ...t '.raa.tl ...y 

b. r.n~.ci prOYldlnq t.1'l1 IPP,uCa.nt. ".U U1e 

:0 I ~l'i. ton:. ot apphcau.on tor r.n....!. SP4c1al 

;~ :1 

:: :1 

18 :!SECTICN 7: 

l( 11 

IS \1 

I 

:9 I! 

20 Mnt olUel.l•. 

21 

flr.it.• , Cla •• 1 Peralta and Taaporary SoLa lourel 

ot B••t hnl1tl tOr r••ldantlI1 loUd fuel bucnlnq 

h.alth al.lU\orlUel or tn. approPl'.lata hw IDforc..­

21 

15 

28 ISECTIOIl I. 

21 

,	 ~I The .1allNa u:hedul. of pIU1U•• tor 

v10latiOna or thl. Ordinance I. • •• followl' 

28 IAI Firat Vlo1n.lon 

29 IIZ5.001 

30 181 Second. VlOlatlon .. rUty doll,r. USG .001 

,I Ie) Third or Sub••qu_nt. Y1ahtlon - On. hundnd 

Re laces Pa 

November 15, 

es: 

1991 

47.9.1.1 

of 18 

" ..... 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 48
Butte/Silver Bow 

Air Quality Control 

Pro ram 

deU... ISI00.00/ 

(OJ Ho ~r.on Qr .nt.~'ty thall bl elt.ld lQr • 

Viol_Uan at U111 OrGln.lnCI -.or. tn,n ooc. lD any 

:J Cal&n.4u cay. Kowe."IU. ' ..eft. Cahn4u' Oay ot 

.-' ..,lal.uan My bl conuGe'eQ • up.ran cefan••• 

6 j ttl For UL. pUrJl'Cl•• of S.ct.1on '. only UCI. 

'/ vlohUODI 0' tJ'l,1 OrcSlna.ace by • PU'IOD or ent1ty 

whlch. h.". OCCurr.d 1I1t.1'\ ona '11 '1 •• 1' at .. 'Pn'.n~

, " otten•• Shill be ccnlldered II pt.l.cr vl,oht,10QI 

10 " (rl ·Jl0J.. .. t1.on ot tr\l.l OtClnlf\CI If\aU e. COQU" 

:l ':Irld .. HISOVt.E.aJ.lOR ~un.unAbli by a :'nl not to 

1~ eKe••d 5500.00 ana le.QUIOGa4lnt 1n the C:O\lAty )Ill 

IJ :/ (Or I tu·. l'Iot to I ...Cleo Ux (6) 1Il0DtJ'lI. or by 

14 botll .. tin. and 1Ilpr'UOJ'\Mnt.. 'i 15 

Id Butt.-1ii11Ylr 80".1.
 

I, 'iSEC'rION ,, SI'Yl:k.UI1.ITYI 1:. any prov1lion of t!'lU Ordinance.
 

18 

:1 l~ 1'lald lnvlUd, the "I&hdlty at the rr-Nltl4et at the 

~O Ordinance Ind 0: the 199.l.1c&t1on at In)' at U1e 

~l :i ot.l\.r prO"l1SUH\I or ncuonl Ihl'u not be d­

~~ "II fect.d. 

~3 ~5EC'rlON 10, ~I All ordlnan.ce. Ind relo.1\lUOI'II .11\ 

24 C:ODtlJ.c:t. h.rftfh.h Ire rlpeelld.

~5 SECTIOIl 11, U'''EC'TIW CATr: I T'hl1 Ord1nafte. Il'IaU bl in full 

28 'ore. aM eUec:~ frc. aAd dte,. t.hU'ty daye .fter 

1t. p41 ..... al\4 .pptOOf'I!. 

2.! PAllED tlnl dly of AUCU!T • UII. 

29 I 

30 I ~",.1~7.• ..

31 i 

32 10 .... 1/ -'I 

1 

i 

es: 

47.9.1.1 

of 18 

Re laces Pa 

November 15, 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 49
------- ----- --

Volume IV 

Cha	 ter 47 

STATE OF MONTANA 

AIR QUALITY CONTRO 

IMPLEMENTATION 

il.
 

·f
 

N 

Butte/Silver Bow 

Air Quality Control 

ro ram 

A""'OVI:D nu ..h.l:..... da.,. ot 4PQ']'- , UI •. 

U 

IS 

17 

18 

19 

20 

Z1 

21 

23 

%4 

25 

25 

Z7 

:a 

!9 

so 

SI 

32 

~. 11 

. 

. 

Re laces Pa es: 

47.9.1.1 

of 18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 50
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Silver Bow County 

Ordinances 

Ordinance 468 

Contingency Measure Requirements for Liquid De-icers 

OS/20/1994 

State Adoption Date OS/20/1994
 

EPA Effective Date OS/22/1995
 

Notice of Final Rule Date 03/22/1995
 

Notice of Final Rule 60 FR 15056 

Citation 

Comments See also 12/6/99 (64 FR 68034) Federal Register action. 

Rule: Ordinance468.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 51
Volume IV
 

Cha ter 47
 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

subject: 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

2
 

3
 

4
 

5
 

6
 

7
 

8
 

9
 

10
 

11
 

12
 

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17
 

COUNCIL BILL NO . ..&.6.8.­


ORDINANCE NO. 
 

AN ORDINANCE CONDITIONALLY ADOPTING REGULATIONS AND STANDARDS FOR
 

THE' USE OF CHEMICAL DE-lCERS IN LIEU OF CONVENTIONAL SANDING
 

I'.ATERIALS BY THE CITY AND COUNTY OF BUTTE-SILVER BOW OR M'Y: OTHER
 

GOVERNMENTAL ENTITY, PERSON OR PRIVATE ENTITY IN AN EFFORT TO MEET
 

NATIONAL 1J'll3IENT AIR QUALITY STANDARDS IPM-l0) AS ESTA;;LISl-:ED BY
 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA); PROVIDING
 

TI".AT 'rHESE REGULATIONS WILL BECOME EFFECTIVE IF COMPLIANCE LEVELS
 

WITH ':'HE ;>1'1-10 STANPAAD ARE NOT DEMONSTRATED BY DECE)1EER 31, 19~4
 

OR NOT I'.1'.INTAlNED AFTER THAT DATE AND PROVIDING FOR AN EFFECTIVE
 

II'"'r:EREAS, 

WHEREAS, 

18 I
 

19 I
 

I
 

20
 

WHEREAS,
 21
 

22
 

23
 

24
 

25
 

on August 7, 1987, the United States Environmental 

;>rotection Agency (EPA) designated the City and County 

of Butte-Silver Bow (Butte-Silver Bo.... ) as a Group 1 area 

relative to ;>1'1-10 standards; and 

the EPA has concluded that fine particulate (PM-l0) 

Fresents the largest canger to human health bec,",se fine 

Farticulates can penetrate deeply into oxygen exchanging 

areas of the lungs and are more difficult for the human 

body to expel; and 

the Butte-Silver Bo.... Health Department has presented to 

the Council of Commissioners a proposed set of 

regulations establishing chemical de-icer USe and 

setting forth policies to be pursued by Butte-Silver Bo.... 

or any other governmental entity, person, or private 

'.
 

1
 

..:.:R:.::e:.E:p:..:l:.::a:.:c:.:e::.:s::.....:p=-=a..g.;:e~s;..::~ II..D=-=a-=t-=e:.::d:"::~__"""""_",,,:,,,,:"~~-:-.,_. _ 'i.;&,,;..) ..:<?'_\ '.:" 

May 20, 1994 . . ~fge 2 of 6
 

Page 47.9.1.2 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 52
Volume IV 

Cha ter 47 

subject: 

AIR QUALITY CONTROL 

STATE OF MONTANA 

Butte/silver Bow 

IMPLEMENTATION PLAN Air Quality Control 

Pro ram 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

WHERE.1..S, 

WHEREAS, 

entity in an effort to meet ?M-10 standards; and 

on September 8, 1993. the Council of Commissioners 

adopted those re~lations and standards by the passage 

of Council Resolution No. 1579; and 

the EPA has 

Commissioners, 

re~lations and 

them applicable 

now re~ested that the Council of 

as the .ove~ing body, adopt these 

standards in Crdi"L~ce form, and make 

to any person, government cr private 

entity, and have these re~:atior.s codified in the 

Butte-Silver Bow Municipal Code (B-Sa MC) . 

EE IT OUAlNED SY THE: COUNCIL OF C:JMM:SSIONERS OF THE CITY M'D
 

COtJN7Y OF BlJ'I'TE-SILVER BOW, STATE: C: MO!,-};.!'A:
 

SE:C'IION 1.
 

The re~lations and s~andards set forth in Section 

3 herein are adopted upon 

compliance levels ~i~h ~he

cemons::-ated by :-e=e=':::'er 

maintai~ed after t~a~ ca:e, 

the condition that if 

?M-10 standard are not 

~l, 1994 or not 

and upon notification 

by the EPA that the =utte-Silver Bow PM-10 nonattainment area has failed to attain or meet the 

PM-10 standards within sixty days of notificatioh 

from the EPA, then the regulations and standards 

shall be in full force and effect. 

SE:CTION 2: As '\;sed in this Ordinance, the 

following terms shall have the following meaning: 

2 . ­

...;:.:R;,=:e.a:p..::l:.;a:.;c:.:e:.:s::........:p=-a=g..iil.,;;;e.;;;s..;.: I....;D;;.a,;,;t..;;.,.;;,e...;,;d ..;.:_--~--~~ ......"~-'---­ .:,-~~...~"'''''''.;1, .~

May 20, 1994 . . P..age 3 of 6 .'1, ,

Page 47. 9 • 1. 2 (3 ) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 53
Volume IV 

Cha ter 47 

STATE OF MONTANA ·subject: 

AIR QUALITY CONTROL Butte/silver Bow 

IMPLEMENTATION PLAN Air Quality control 

Pro ram 

2 

3 

4 

5 

21 

22 

23 

24 

25 

A. 'Butte-Silver Bow' means the City and 

County of Butte-Silver Bow, Montana, and includes 

both its local government and jurisdictional area. 

B. 'Chemical de-icer' means a liquid salt, 

such as magnesium chloride, used as a corrosion 

inhibitor for melting snow and ice. 

C. 'EPA' means the United States 

Environmentsl Protection Agency. 

D. 'Non-attainment area' meal'S an EPA 

desigr.ated area which has exceeded Natior.al 

Ambient Air Quality Standarcs in the past and has 

a 95 percent probability of exceeding those 

s:'&;lcards: again. 

E. "PM-l 0 stanoara" meal.lS the new arn}:lient 

air cr~ality standard for. particulate matter with 

An aerodyr.amic diameter of 10 mic::-ons or less. 

The ar_,ual average is SO mg/m'; the 24 hour average 

is 150 mg/m'. 

F. 'Prioritized street de-icing' means a 

schedule of use of a chemical de-icer on streets 

with the highest traffic volumes first and 

proceeds in descending order of traffic volume to 

paved streets with the lowest traffic volume. 

G. 'Reasonable Available Control 

Technology' means that during the winter s 

_R:...;.:;.e.... p.::l;.;;:a;.:c;.:e:;.:s;;.....:p:..a;:;;.g~e.;:;s..;.: ......JI...;D:..a:..t:..e_d--,-: -"",..;."..,.,,,..-....;... .,, _ :~),.

May 20, 1994 p~ge 4 of 6
 

Page 47.9.1.2 (4)
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 54
Volume IV 

Cha ter 47 

Subject: 

AIR QUALITY CONTROL 

STATE OF MONTANA 

Butte/Silver Bow 

IMPLEMENTATION PLAN Air Quality Control 

Pro ram 

JI .I 

chemical de-icer will be used on all paved roads 

2 with priority given to those paved roads with the 

3 highest traffic volume. 

4 H. 'winter' means the months of Octoberi 

5 November, December, ~anuary, February and March. 

6 SECTION 3: Standards for Chemical D,- leer ugd on Public 

i Stret:ts and PubliC cr Private 'Oo .....k;na Lots. A. 

8 Any governmental entity, person, or private 

9 \ entity, including 3utte-Silver Bow, shall use 

10 I 

I, exclusively, on all public streets and publio or 

11 I 

12 I 

private parking lots, an approved chemical de-icer 

plus a corrosion inr.ibitor for use on sno~~acked

13 ! or icy streets during winter in lieu of sanding 

14 11 and chip seal materials. Use cf sanding and chip 

15 I seal materials will be prohibited except in· 

16 emergency situations or as set forth in subsection 

17 B. 

18 B. Conventional sanding and chip seal 

19 materials may be used when the ambient temperature 

20 falls below 10<F. 

21 SEcnON 4, ~fFECIIYE DATE. This Ordinance shall be in full 

22 force and effect from and after thirty (30) days 

23 after passage and approval. 

24 

25 '. 

4 

".."'" 

Replaces Pages: I Dated: ~.~ .~.~.: !:\ 

May 20, 1994 <P~ge 5 of 6 

Page 47.9.1.2 (5) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 55
Volume IV
 

Cha ter 47
 

SUbject: 

AIR QUALITY CONTROL 

STATE OF MONTANA 

Butte/Silver Bow 

IMPLEMENTATION PLAN Air Quality Control 

Pro ram 

Replaces Pages: I Dated: 

.,.".p. 

May 20, 1994 p~ge 6 of 6
 

Page 47.9.1.2 (6)
 

2
 

3
 

4
 

5
 

6
 

i
 

8
 

9
 

10
 

15
 

16
 

17
 

18
 

19
 

20
 

21
 

22
 

23
 

24
 

25
 

PASSED this !t.." cay of __:....k=--'n-="--::::....--'--_. 1994. 

;:s# ~f-4·""-==-:-:' L;;!RMAN OF THE: COYNCIL OF COMMISSIONERS 

APPROVED this ':./;'" day of Aun'l,.. • 19>4. 

AT'l'EST: 

b:".l.-1/,!: 0,/p"'1 M 

CLERX ~~ RECORDER 

5
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 56
State Montana 

State Agency Department of Environmental Quality 

Affected Area Silver Bow County 

Regulation Particulate Matter (PM-1 0) - Plan Summary 

Rule Number Plan Summary 

Rule Title Butte Particulate Matter (PM-1 0) Attainment 

Plan 

State Effective Date
 

State Adoption Date
 

EPA Effective Date
 

Notice of Final Rule Date
 

Notice of Final Rule
 

Citation
 

Comments
 

RUle:Butte, Montana Particulate Matter (PM-1 0) Attainment Plan 

Approval Dates and Citations: 9/23/02 (67 FR 59455); 4/21/00 (65 FR 

21350); 12/6/99 (64 FR 68034); 3/19/96 (61 FR 11153); 3/22/95 (60 FR 

15056); 3/11/94 (59 FR 11550) 

Plan Summary - plan sets sanding and chip sealing standards and street 

sweeping and flushing policies; regulates residential wood burning and idling 

diesel vehicles and locomotives; limits PM-10 emissions from industrial 

sources; relies on federal tailpipe standards; and includes PM-10 contingency 

measures 

(l) Board of Health and EnvirQlllnental Sciences Order isslled on Noven1ber 

15, 199 I -_ approves the Butte-Sjlver Bow AirPollution Control Program; 

(2) Stipulation between th~Department of l-Iealth and Environmental 

Sci~llces aDd the.I3utte-Silver Bow Council of Comn1issioners, signed 

OctobeI8, 1991, delineatesJesponsibilities and authorities between the two 

entities and incorporates Resolution No. I307 and Ordinance No. 330; 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 57
(3) Butte/Silver Bow Resolution NQ.1307, dated_March 6, ]291- sets 

sanding and chip sealing standards and streetsweeping andJJushing policies; 

(4) Butt~/SilverBow Ordinance No. 330, dated_August 3,]28_8 -regulates 

residential wood burning and idling diesel vehicl~s and\QcoillQjjyes; 

(5) Stipulation between the Department ofHealthand Environmental 

Sciences (signed September 27, 1991), MontanaDepart111entQf 

Transportation (signed October 4, 1991)andthe Butte-SHyer BQWCOlll1CiJ 

of Commissioners (signed October 7, 1991) - ensures that Butte Silver-Bow 

City and County and the Montana Department of TranspQrtationcomply 

with Butte-Silver Bow Council Resolution No. 1307; 

(6) Federal Tailpipe Standards - See 40 CFRI?art86; 

(7) General SIP commitment focongolllg action; 

(8) Board of Health and Environmental Scien~es Ordercl(;itedMflY 20-,L994­

approves amendments to the Butte/Silver Bow AirPollution CQntrol 

Program regarding PM-10 contingency measures and incorpQratesOrdinance 

No. 468; 

(9) Butte/Silver Bow Ordinance No. 468, dated April 20, 1994_- contingency 

measures - mandatory liquid de-icers; 

(10) Industry permit for Montana Resources, Inc. (permit #1749-05, elated 

January 5, 1994);and 

(11) Industry permit for Rhone-Poulenc (permit #1636-0(j, dated f\.llgust22, 

1996). 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 58
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

State Adoption Date 

EPA Effective Date 

Notice of Final Rule Date 

Notice of Final Rule 

Citation 

Comments 

Rule: Resolulion1307pdf 

Montana 

Department of Environmental Quality 

Silver Bow County 

Resolutions 

Resolution 1307 

Establishing Sanding and Chip Seal Material Standards 

and Street Sweeping and Flushing Policies 

03/06/1991 

11/15/1991 

04/11/1994 

03/11/1994 

59 FR 11550 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 59
IV -------_ 

47 

OF MONTANA 

QUALITY CONT 

IMPLEMENTATI 

.. "" 

Butte/silver Bow 

Air Quality Control '~"cP'ro .:r:;am 

Volume 

Cha	 ter 

STATE 

AIR 

COUNCIL RI:SOLtrrJOH ""~ • .lll:.. 

.,. R[SOl.\..~10H t~~"'BLlSHINC SAHOINC "NO :::tlP SU.L tV.T[IlIAL StANI iloAIilDS AND STRt!:T S"'~tPING AND rl.USHIHC 10L.IC:tS TO Bt rOLLOW!:D 

" BY TilE C:':'"Y AND COUNTY or BlJ'M'E-sll.VU. lOW IN AN tFroRT TO "EtT 

:l \\DtVIJIOMMEWTAL. PROTtt'TIOH AGEHCY STANDAa:S 1P.... 101 AHO PROVIDINC 

it fOR AN ~rrte'1'IYt CAT!:
 IIU.EOr.

5 ~"'NE"Ur.S. on ""l.Iq"".t. ". 1111 th. Un1'ted Sttat•• tnV1rONMn'ta~

6 II PrOteC'tlOn AqenC'y IE'AI deUClnaud tl"le CIty and Cc~nty

; II of !lIau-Sl1ver BO'" IB\oil:u"'S11ur Bov) AI • (;rol,j,p l ! 

II
 

i
 

'I WHEREAS. 

II 

I: 

13 

I' "'''tnus. 

16 

16 I 

! 17 I 

18 i ".EA""S.
 

19 il
 

:: 1; 

z: I 

ZJ 

2~ WKIAL\S I 

U 

~7 HO". THEAErOAr.. nr. IT AESC~VEC If Tilt C"""CI~ or CO.......IOHCA. or 

23 THE etTl' AHD COUNTY or DUTTE-!1LVEI DDW. STATt or P'ONTAJII#~,

STANDARDS rDa ',,"DING U1D Clll, 'CAl. KATl:alAlol TO 

JO Dr: UIED 01' I'UULIC ITatn. U1D 'AUCMU LDTI. 

_.

JI 

~~

for tl"ll I\u.aan bOdy to •• 11 .tld 

tI'Ie u\O,ul-51olver Row AU ('l",.llty Advuory Co-UUI 

nHlnq	 tOftl'l In•• 1; ,w•• pln~ and £1l..hSnq pellel•• to 

D. p ... ,..",.d by .",n_-Sllv.r Bow \n an .t.tort to CN.t th. 

'"-10 naNiaI'd, and 

th. Councll c:oneLd.,.. qOOd au qu.Uty to b•• valuabll 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 60
Butte/Silver Bow 

Air Quality Control 

Pro ram 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION 

~~

.---.,.-/' ...//. 

~- ~/'

Volume IV 

Cha ter 47 

." 

.loti, ••ndJ.na Ina chlp ",1. IItoltlrla.& ..,nlen P\••• 

.5 ,"On tInt or tuterLal 'LiLler tl'\ln 200 ll'ln, II 

~! .I. ••• tnan Or eQ,,;.ll ::: J,.J p.rc,nt oY~n dry 

".Uonl 11.t~d 1ft S.Ction ~. 5".('1'1. dati In.ll bl 

tJ\' .I.lpply UOCll:pU. or t.,. flat.U_! .. Lt 11 

10 

11 

12 

13 

141 

15 I 

18 :1 

17 ;1 

IS '! 

\9 I

" 

20 

21 

22 SECTIO' l, STUET swtr:'INC AltD rLUSII%NC 'OLICY. 

I 23 

24 Aa UI.d 1n trUe 1,IOll.at.1on. tl'\1 foUow1nq 

25 

25 

27 I Olceear. January. 'ICr,.lry, "'aren and ~pr 1.1.. 

28 I 

2d 

30 II IJI "PUorltllld Itt'.at ....plnq and 

3I I ~: I 

~·I

! 

laces Pa 

November 15, 

es: 

1991 

Re 

18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 61
STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLA 

~--

Volume IV ~-'--'-

Cha ter 47 

proc••de in ,d ••~ndlnq ord.r 0: traUic 

volWllI to paYld ,trl.t, .. Uh tl'\e l.owelt 

I, 

13 

11 i 

a'l 

u i 

17 i on an n.,ded blu., with pr.LDruy q,vln to 

18 I pavwd .tr'lt. with the I'l1Qh••t t&"ltO, 

19 

~o

BI Tne Clty ano COQ,ftt,y Qf 8\,t.U-SU....r 'ow 21 l 

zzj tln.nCI of InT P...H IU"l- ,.1.1\1 ... " ...onll:lly 

ZJ \ AVI1Jabl. Control TIC:hnolooy 1. Iot,l1U:.d. 

I SKTIOH " ihe C!Hlt t ••eutJ,vI 1, hlteby luthoru.d to ante," 

2S i 

Qf tl'\11 IlI,o!uUon. 

29 15~IO' \ , 't'ht, Jl.aol\aot.i,on .nlU be 1ft h.U loree and elhet 

JO I 

31 

_JZ.. 

~6

27 1 

Z! I 

Re laces Pa es: 

November 15, 1991 

~~ 47.9.1.1 (15) 

-­

of 18 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 62
....... 

MONTANA 

CONTROL 

PLAN 

Butte/Silver Bow 

Air Quality Control 

Pro ram 

32 d

_.,,

-

laces Pa es: 

15, 1991 

Dated: 

Page: 16 of 18 

Volume IV 

Cha	 ter 47 

STATE OF 

AIR QUALITY 

IMPLEMENTATION 

r,ll,SS(O thu day of _ ...._._C" _ 

, 1191. 

,~<"~:.. 1 Ii,I C'UllAAXA 01 tAt e6'!NcfL or ebAAiSSfoNtJlS ,I 

1 A',R:OYEQ UUI day ot .......;,......;.
 •.;.;C";.....__• 1991.

.: 

7 ,I 

S ~A.rrZ:ST;

.,

i 

ZO 

21 

~l
 Z5 

26 1\ 

Z1 ! 

2! 

29 

30 

31 I: 

Re 

November 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 63
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 64
State Montana 

State Agency Department of Environmental Quality
 

Affected Area Silver Bow County
 

Regulation State of Montana Air Quality Control
 

Implementation Plan, ButtelSilver Bow Air
 

Quality Control Program, Chapter 47
 

Rule Number Butte PM-10 SIP Commitments
 

Rule Title 47.10.18
 

State Effective Date
 

State Adoption Date 12/21/1992
 

EPA Effective Date 04/11/1994
 

Notice of Final Rule Date 03/11/1994
 

Notice of Final Rule 59 FR 11550
 

Citation
 

Comments
 

Rule:47.10.18 PM-I0 SIP Commitments 

9. Montana will promptly conduct·a detailed Chemical 

Mass Balance study in Butte/Silver Bow if compliance 

with the national ambient air quality standards is 

not achieved by, or maintained after, December 31, 

1994. 

Due Date: Contingent on success or failure of the 

PM-I0 SIP. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 65
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 66
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

State Adoption Date 

EPA Effective Date 

Notice of Final Rule Date 

Notice of Final Rule 

Citation 

Comments 

Rule: 100791stip.pdf E~ibitApdf

Montana 

Department of Environmental Quality 

Silver Bow County 

Stipulations 

Stipulation - 1991 October 7 

In the matter of compliance of the City and County of 

Butte-Silver Bow and the Montana Department of 

Transportatio n 

11/15/1991 

11/15/1991 

04/11/1994 

03/11/1994 

59 FR 11550 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 67
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

BEFORE THE BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES
 

OF THE STATE OF MONTANA
 

In the matter of the compliance 

of the CITY AND COUNTY OF 

BUTTE-SILVER BOW and the MONTANA 

DEPARTMENT OF TRANSPORTATION STIPULATION 

with 40 C.F.R. 50.6, National 

Ambient Air Quality Standard for 

Particulate Matter and ARM 

16.8.821, Montana Ambient Air 

Quality Standard for PM-10 

The Department of Health and Environmental Sciences 

("Department"). City and County of Butte-Silver Bow (UButteSilver Bow"), and Montana Department of Transportation 

("MOOT") hereby stipUlate and agree to the following in regard to the above-captioned matter and present the same for 

consideration	 and adoption by the Board of Health and Environrnental Sciences ("Board"): 

1. On July 1, 1987, the Vni ted states Environmental 

Protection Agency ("EPA") promulgated national ambient air 

quality standards for particulate matter (measured in the 

ambient air as	 PM-10, or particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) ("particulate matter NMQS"). The annual standard of 50 micrograms per cubic meter (annual arithmetic mean), and the 

24-hour standard of 150 micrograms per cubic meter (24-hour 

average concentration), were promulgated by EPA pursuant to 

(STIPOl.'.TION) 

-1­

Replaces Pages:	 Dated: 

November 15, 1991 Page: 2 of 7 

Page 47.2.4 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 68
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

2 

3 

4 

6 

6 

7 

8 

9 

10 

11 

12 

13 

14 

16 

16 

17 

18 

19 

20 

21 

22 

23 

24 

section 109 of the Federal Clean ".ir Act, 42 U.S. C.· 7401, 

et ~., as amended by the Clean Air Act Amendments of 1990 

("Act") . 

2. Section 110 of the Act requires each state to submit an implementation plan for the control of each air pollutant for which a national ambient air quality standard has 

been promulgated. Since a standard has been promulgated for 

particulate matter, the State of Montana is required to submit an implementation plan for particulate matter to EPA. 

3. Section 75-2-202, MCA, requires the Board to establish ambient air quality standards for the State. 

4. On April 29, 1988, the Board adopted state ambient 

air quality standards for PM-10, including an annual standard 

of 50 micrograms per cubic meter (annual arithmetic mean), 

and a 24 -hour standard of 150 micrograms per cubic meter 

(24-hour average concentration). ARM 16.8.821 ("PM-10 

?-IAAQS") . 

5. On August 7, 1987, the Butte area was designated as 

a Group I area by EPA. 52 Fed. Reg. 29383. Pursuant to the 

Federal Clean Air Act all Group I areas, inclUding Butte, are 

designated by operation of law to be in non-attainment for 

the particulate matter NAAQS. 42 U.S.C. 7407(d) (4) (B). Further, the Act designates the Butte area as a "moderate" PM-10 

non-attainment area. 42 U.S.C. 7513 (a). For areas designated as "moderate", the State is required to submit to EPA 

(STIPULATION) 

-2­

Replaces Pages:	 Dated: 

November 15, 1991 Page: 3 of 7 

Page 47.2.4 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 69
Volume IV 

Chapter 47 

STATE OF MONTANA Subject: Butte/Silver Bow 

AIR QUALITY CONTROL Air Quality Control 

IMPLEMENTATION PLAN Pro ram 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

an implementation plan no later than one year from enactment 

of the 1990 amendments to the Act. 42 U.S.C. 7513a(a) (2). 

The area encompassed in the moderate non-attainment designat ion (herea fter "Butte non-atta inment area") generally ineludes the City of Butte and that portion of Silver Bo'o' 

County within the iomediate vicinity of the boundaries of the 

City of Butte, except for the municipality of Walkerville. 

map and legal description of the Butte non-attainment area is 

attached to this S~ipulation as Exhibit A and by this reference is incorporated herein in its entirety as part of this 

document. 

6. Results of air quality sampling and monitoring in 

1988 and 1989 have demonstrated violations within the Butte 

non-attainment area of the 24-hour standard contained in both 

the particulate matter NAAQS and the PM-l0 MAAQS. 

7. The parties to this Stipulation agree that source 

apportionment studies utilizing chemical mass balance have 

been conducted by the Department and have adequately identified the significant sources of PM-l0 in the Butte nonattainment area, as well as the relative contribution of each 

of the sources to the ambient levels of PM-l0 recorded by air 

quality monitors located in that area. 

8. The parties to this Stipulation agree that as a 

result of the studies and analysis by the Department as described above, PM-l0 emissions from reentrained road dust 

(STIPULATION) 

-3­

Replaces Pages: Dated: 

November 15, 1991 Page: 4 of 7 

Page 47.2.4 (4) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 70
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

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have been identified as requiring control in order for tHe 

Butte non-attainment area to be able to demonstrate attainment with the particulate matter NAAQS and the PM-10 MAAQS. 

9. That on March 5, 1991, and after a public hearing, 

the Butte-Silver Bow Cou~cil of Commissioners adopted Council 

Resolution No. 1307, establishing sanding and chip seal material standards and street sweeping and flushing policies to 

be followed by the City and County of Butte-silver Bow. A 

copy of Council Resoluti~n No. 1307 is attached to this Stipulation as Exhibit B, ac,d by this reference is incorporated 

herein in its entirety as part of this document. 

10. That both the city and County of Butte-Silver Bow 

and the Montana Department of Transportation have jurisdiction over certain streets and roads within the Butte nonattainment area. 

11. The parties to this stipulation agree that implementation of all of the ~easures contained in Council Resolution No. 1307 (Exhibit 3) for all streets and roads within 

the Butte non-attainment area (Exhibit A) is required to 

obtain the level of cont=ol of reentrained road dust which is 

necessary to attain the particulate matter NAAQS and the 

PM-10 MAAQS. 

12. The Board is ':he State agency that is primarily 

responsible for the development and implementation of the 

State Implementation Plan under the federal Clean Air Act. 

(STIPULATION) 

-4­

Replaces Pages:	 Dated: 

November 15, 1991 Page: 5 of 7 

Page 47.2.4 (5) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 71
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

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Under section 75-2-101 et gg., the Board is required to 

protect pUblic health and welfare by liniting the levels and 

concentrations of air pollutants within the state and such 

responsibility includes the adoption of emission standards 

(Section 75-2-203, MCA) and the issuance of orders (Section 

75-2-111(3), MCA) to effectuate compliance with national and 

state ambient air quality standards. 

13. The parties to this Stipulation agree that upon 

finding the measures contained in council Resolution No. 1307 

to be necessary for the Butte non-attain~ent area to meet the 

particulate matter N1I1IQS and the PM-10 ¥~QS, the Board has 

jurisdiction to require the implementation of such measures 

by the City and County of Butte-Silver Bow and the Montana 

Department of Transportation. 

14. The control measures contained in Council Resolution 110. 1307 are consistent '-lith the provisions of the 

Montana Clean Air Act, Title 75, Chapter 2, MCA. 

15. Accordingly, the parties to this StipUlation agree 

that it would be consistent with the te~s and intent of this 

Stipulation for the Board to issue an Order Which requires 

both the City and county of Butte-silver Bow and the Montana 

Department of Transportation to implement the measures specified in Council Resolution No. 1307, dated March 6, 1991 

(attached as Exhibit B), for those streets and roads under 

their respective jurisdictions and within the boundaries of 

(STIPULATION) 

-5­

Replaces Pages:	 Dated: 

November 15, 1991 Page: 6 of 7 

Page 47.2.4 (6) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 72
Volume IV 

Chapter 47 

STATE OF MONTANA SUbject: Butte/silver Bow 

AIR QUALITY CONTROL Air Quality Control 

IMPLEMENTATION PLAN Pro ram 

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the Butte non-attainment area (defined in Exhibit A) . 

MONTANA DEPARTMENT OF 

HEALTH AND ENVIRONMENTAL 

SCIENCES 

BY: ~= ,<,.~=J'Ci!'1../I.<,,~ BY: 

DE NIS IVERSON
 

Director
 

DATE: ~7/7! DATE:

BUTTE-SILVER BOW 

COUNCIL OF COl1l'IISSIOH 

BY:~" ­

THOMAS BROPHY,
 

Chairman
 

DATE: !") I.-I! Cc ( j J 

(STIPULATION) 

-6­

Replaces Pages: Dated: 

November 15, 1991 Page: 7 of 7 

Page 47.2.4 (7) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 73
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 74
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Silver Bow County 

Stipulations 

Stipulation - 1991 October 8 

In the matter of the Application of Butte-Silver Bow Council 

of Commissioners for Approval of its Local Air Pollution 

Control Program 

03/20/1992 

State Adoption Date 03/20/1992
 

EPA Effective Date 04/11/1994
 

Notice of Final Rule Date 03/11/1994
 

Notice of Final Rule 59 FR 11550 

Citation 

Comments See also 12/6/99 (64 FR 68034) Federal Register action. 

Rule: 100891stip.pdf Exibit A.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 75
AIR QUALITX. 

MPL ON PLAN 

Volume I 

Cha ter 47 

STATE OF MONTANA 

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BEFORE THE BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES
 

OF THE STATE OF MONTANA
 

In the matter of the Application 

of Butte-Silver Bow Council of STIPULATION 

Commissioners for Approval of 

its Local Air Pollution Control 

:;?g.~~';1 . 

This Stipulation is made and entered into by and between 

the Butte-Silver Bow Council of Commissioners (BSCC), and the 

Montana Department of Health and Environmental Sciences 

(Department) . The parties submit this Stipulation to the 

Board of Health and Environmental Sciences (Board) fo r its 

review and approval, and consideration as part of the application of BSCC for approval of its local air pollution control program. 

1. Section 75-2-301, NCA, provides for the establishment of local air pollution control programs. 

2. On August 3, 1988, and after a public hearing, the 

BSCC adopted an ordinance implementing a control program for 

the regulation of emissions from residential wood burning. 

On March 6, 1991, and after a public hearing, the BSCC 

adopted Council Resolution No. 1307, establishing sanding and 

chip seal material standards and street sweeping and flushing 

(STIPULATION) 

-1­

1 5, 1991

-..~ . 

47. 2 :2'~~ _ 

:or: It -1 _______ 

7.2.2 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 76
Volume IV '-"'~

Cha ter 

STATE OF M~ONTANA.-­

AIR QUALI.!X-G 

IMPLEMEtrr'AP 

~:

policies to be followed by the City and County of Buttesilver BOW, in an effort to regulate emissions from reentrained road dust. 

3 

3. On July 24. 1991, and upon proper public notice, 4 

the BSCC conducted a public hearing on both the ordinance and 

5 

resolution described above in Paragraph 2, and the establish­ 6 

ment of a local air pollution control program encompassing 7 

the City of Butte and that portion of Silver Bow County with8 

in the immediate vicinity of the boundaries of the City of

9 

Butte, excluding the municipality of Wal~erville, Upon con­ 10 

clusion of the hearing, the BSCC reaffirmed the adoption of 11 

the above-mentioned ordinance and resolution, and approved 12 

the creation of the local air pollution control program de13 

scribed above. Council Resolution No. 1307, dated March 6, 14 

1991; Council Bill No. 330, Ordinance No. 330, dated August 16 

3, 1991. A map and legal description of the area covered by 16 

the proposed local air pollution control program is attached 

17 

as Exhibit A and by this reference is incorporated into this 16
 

Stipulation.
 19 

4. On od. I , 1991, the BSCC filed an application 20 

wi th the Board, seeking approval of its proposed local air 21 

pollution control program, pursuant to Section 75-2-301, MCA. 22 

The Department has engaged in a thorough review of the appli­ 23 

cation submittal, and several meetings have been held between 24 

the Department and BSCC. 25 

(STIPULATION) 

-2­

--.,;;;;. -..­

Replaces Pag~~"'" November 

March 20, 1992 ..... - .........-.-..­

Page 47.2.2 (3) ----._,•.___ 

.:DC - A-;L 

Buttel$~lyer Bow 

Air Quality Control 

ro ram 

~._-

15, 1991 

3 of 24 

-----.. 

-.-. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 77
Butte/Silver Bow 

'r Quality Control 

Pro 

5. Based upon the Department's review of the proposed 

Butte-Silver Bow Air Pollution Control Program, the parties 

to this Stipulation agree as follows: 

a. the location, character and extent of particular concentrations of population and air contaninant 

sources, and the geographic, topographic and meteorol' 

1: 

1: 

If 

1; 

19 

20 

21 

22 

23 

24 

26 

logical considerations 

foregoing, are such as 

nance of appropriate 

air pollution progran 

application; 

b. a local air 

involved, and combinations of the 

to make impracticable the maintelevels of air qua 1 i:" without an 

such as that propose: by the BSCC 

pollution control program which 

includes the boundaries proposed in the BSCC application 

is an acceptable alternative to direct state administration: 

c. the proposed local air pollution control program provides for administrative organiu:ion, staff, 

financial and other resources necessary to effectively 

and efficiently carry out the program; 

d. the proposed local air pollution control program has been adopted into local law and includes the 

necessary provisions for enforcement by administrative 

and jUdicial process; 

e. the local ordinance constituting the proposed 

local air pollution control program which is the subject 

(STIPt1LATION) 

-3­

---..-.. --. ~.

Replaces Pages: 47 :-Z:·2--{.Al:.'~··-_._ Dateq;.;.,NOvember 15, 1991 '--"-::-- ---~... 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 78
Volume IV ...._---.-.­

Butte/Silver Bow . u~lity Control 

ra '. 

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of this proceeding, is compatible with, more stringent, 

or more extensive than the corresponding requirements 

under the Montcna Clean Air Act, Title 75, Chapter 2, 

MCA, and re9ula~~ons adopted by the Board thereunder. 

6. The parties recognize and agree that as to any 

source which is regulated under the Hontana Clean Air Act, 

Title 75, Chapter 2, MCA, if the BSCC has not provided by 

ordinance or local It'J for requirements compatible with, more 

stringent than, or :ore extensive than those imposed by the 

Board concerning Chl: source, then regulation of tiE: source 

should be retained fcr the Department. 

7. There are several sources within the boundaries of 

the proposed Butte-silver Bow Air Pollution Control Program 

whose complexity and aagnitude is beyond the reasonable capability of the progra::>, and the control of which may be more 

efficiently and eeono::> i.ea 11 y performed at the state level. 

These sources inc ~:.;de the following: the copper and 

molybdenum mine and concentrator located in Butte, currently 

doing business as Montana Resources; the elemental phosphorous plant located at Silver Bow, currently doing business as 

Rhbne-Poulenc; and the asphalt plants located in Butte, currently doing business as Rite-Way asphalt, Ci.lman Excavating, and Butte/Silver Bow Asphalt. Further, under Section 

75-2-)01 (4), MCA, there are several types of sources for 

which the Board may not delegate regulatory authority to 

(STIPULATION) 

-4­

5 of 24 

Replaces Pages: ~: November 

Page: 

15, 1991 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 79
Butte/Silver Bow 

Control 

------_..... 

STATE OF MONTANA 

AIR QUALITY 

IMPLEMENTA 

Volume IV 

Cha ter 47 

II 

1 J 

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BSCC. Accordingly, the parties to this Stipulation agree 

that the Department should assume and retain full control of 

these sources. 

O. In addition, the BSCC has limited the scope of its 

proposed local air pollution control program as follows: 

This Ordinance applies to all persons, agencies, 

institutions, businesses, industries or government 

entities living in or located within the [boundaries described above in Paragraph J). Stationary 

sources with the potential to emit more than 25 

tons per year of any pollutant, with the exception 

of five (5) tons per year of lead, regulated under 

the Montana Clean Air Act, are not subject to this 

Ordinance. 

Council Bill No. 330, Ordinance No. 330, dated August 3, 

1991, Section 3, entitled "Scope". Accordingly, the parties 

to this Stipulation agree that the Department should assume 

and retain full control over those sources which are not 

intended to be covered by the proposed local air pollution 

control program, as described above. 

9. The parties to this Stipulation agree that the asee 

shall be responsible for emergency powers as provided in 

Section 75-2-402, MCA, in regard to those sources governed by 

the proposed local air pollution control program, and the 

Department shall retain such emergency polo/er's over all other 

(STIPULATION) 

-5­

---. 

-,.,--_.•.. 

Replaces Pages: ­ 1991 

March 20., 1992 --------_-~ Page: 6 of 24 .....~~.... . .., 

_----..----­ .­ Page 47.2.2 '(6"}~ ...--. 

........-.. 

' ...... -----. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 80
STATE OF MONTANA 

AIR CONTROL 

Volume IV 

Cha ter 47 

QUALITY
 

IMPLEM 

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sources. 

BUTTE-SILVER BOW MONTANA DEPARTMENT OF 

COUNCIL OF COMMISSIOII£RS HEALTH AND ENVIRONMENTAL 

~NCES _ -db £. f~

-------::HOMAS 

/'BY: ~fr9Z

Chairman 

BROPHY 

BY: 

Director 

ENNISIVE~

DATE: __________ DATE:

(STIPULATION) 

-6­

..­ ---­ -.-­

Replaces Pages: ~-=7_~P'>. 

March 20, 1992 

Dr-A--" 

7 of 24 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 81
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

Subject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

Butte Air Pci!ution control District 

Replaces Pages: 47.2.2 (8) Dated: November 15, 1991 

March 20, 1992 Page: 8 of 24
 

Page 47.2 . 2 (8)
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 82
Volume IV 

Chapter 47 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

SUbject:	 Butte/Silver Bow 

Air Quality Control 

Pro ram 

The followinq area of Butte-Silver Bow excludinq the territorial 

limits of the City of Walkerville: Beqinninq at the Northwest corner 

of Section 2, T. IN., R. 8W.; thence Easterly to Northeast corner 

section 5, T. JM., R. 7W.; thence Southerly to Northwest corner 

section 9, T. JU., R. 7W.; thence Easterly to Northeast corner 

section 10, T. IN., R. 7W.; thence Southerly to Southeast corner 

section 22, T. 2M., R. 7W.; thence Westerly to Southwest corner 

section 19, T. 2N., R. 7W.; thence Northerly to Northwest Corner 

section 19, T. 2N., R. 7W.; thence Westerly to southwest corner 

section 14, T. 2N., R. aw.; thence Northerly to Southwest corner 

Section 35, T. 3N., R. 8W.; thence Westerly to southwest corner 

section 34, T. 3N., R. 8W.; thence Northerly to Northwest corner 

section 27, T. 3N., R. 8W.; thence Westerly to southwest corner 

section 20, T. 3N., R. 8W.; thence Northerly to Northwest corner 

section 17, T. 3N., R. aw.; thence Easterly to Northwest corner 

section 14, T. 3M., R. aw.; thence Northerly to the point of 

beqinninq. 

The jurisdictional area described above shall be known as the eutteSilver BoW Air Pollution Control District, the boundaries of which 

are depicted on that map which is attached hereto and which is 

incorporated by reference herein as part of the Ordinance. 

J
 

Replaces Pages: 47.2.2 (9) Dated: November 15, 1991 

March 20, 1992 Page: 9 of 24 

Page 47.2.2 (9) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 83
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 84
State Montana 

State Agency Department of Environmental Quality 

Affected Area Yellowstone County 

Regulation Billings Carbon Monoxide (CO) - Plan 

Summary 

Rule Number Plan Summary 

Rule Title Billings Carbon Monoxide (CO) 

Maintenance Plan 

State Effective Date
 

State Adoption Date
 

EPA Effective Date
 

Notice of Final Rule Date
 

Notice of Final Rule
 

Citation
 

Comments
 

Rule:Billings, Montana Carbon Monixide (CO) Maintenance Plan 

Approval Dates and Citations: February 21, 2002 (67 FR 7966) 

IPlan Summary ­

(1) Federal Motor Vehicle Emission Control Program - See 40 CFR Part 86; 

(2) Hi~torical chal1g~~in traO~RQrtation infrastrLJcturecompletedprior to 1990 Clean Air Act 

Arnendm~nts- SeesecJion 56.12.5{B)(ii) of Maintenance plein; 

(3) Open BurningRegulations; 

(4) Commitment to operate CO monitors in Billings - See section56.12.7.3 of Maintenance 

Plan; 

(5) Commitment to adopt CO contingency measures, if needed, in the future - See section 

56.12.7.4(A-C) of MCiintenance Plan; and 

(6) CQmmitm_entto suprnJt revised maintenance planin 10 years - See section 56.12.7.4(D) 

of Maintenance plan. 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 85
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 86
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Yellowstone County 

Billings Carbon Monoxide (CO) - Maintenance Plan 

State of Montana Air Quality Control Implementation Plan, 

Yellowstone County Air Pollution Control Program, 

Chapter 56 

Billings Carbon Monoxide (CO) Limited Maintenance Plan 

12/19/2000 

State Adoption Date 12/19/2000 

EPA Effective Date 04/22/2002 

Notice of Final Rule Date 02/21/2002 

Notice of Final Rule 67 FR 7966 

Citation 

Comments 

If*1

Rule: BillingsLMP.pdf 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 87
Volume IV 

Cha ter 56 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTAnON PLAN 

Subject: Yellowstone County 

Air Pollution Control 

Program 

56.12 BILLINGS CARBON MONOXIDE LIMITED MAINTENANCE PLAN
 

_R_ep_la_c_e_s_pa_g_e_: I_D_a_t_ed_: _ 

Date of Hearing Page: 1 of 1 

Page 56.12 (1) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 88
Volume IV -


Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program 

56.12.1 

ADT 

AIRS 

ARM 

BACT 

BER 

CAAA 

CFR 

CO 

DEQ 

EI 

EPA 

FHWA 

FMVECP 

FR 

kg 

km2 

LMP 

MCA 

MNR 

NAAQS 

NSR 

ppm 

PSD 

QAPP 

QA/QC 

RACM 

SIP 

SLAMS 

TAC 

TCM 

List ofAcronyms and Abbreviations 

Average Daily Traffic 

Aerometric Information Retrieval System 

Administrative Rules of Montana 

Best Available Control Technology 

Board of Environmental Review 

Clean Air Act Amendments 

Code of Federal Regulations 

Carbon Monoxide 

Montana Department of Environmental Quality 

Emission Inventory 

United States Environmental Protection Agency 

Federal Highway Administration 

Federal Motor Vehicle Emission Control Program 

Federal Register ­ Kilogram 

Kilometers squared 

Limited Maintenance Plan 

Montana Code Annotated 

Montana Network Review 

National Ambient Air Quality Standard 

New Source Review 

parts per million 

Prevention of Significant Deterioration 

Quality Assurance Project Plan 

Quality Assurance/Quality Control 

Reasonably Available Control Measures 

State Implementation Plan 

State and Local Air Monitoring Station 

Technical Advisory Committee 

Transportation Control Measures 

Replaces Page: I Dated: 

Date of Hearing Page: 1 of 2 

Page 56.12.1 (1) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 89
Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTAnON PLAN Program 

TIP Transportation Improvement Program 

VKT Vehicle Kilometers Traveled 

YCAPC Yellowstone County Air Pollution Control program 

Replaces Page: I Dated: 

Date of Hearing Page: 2 of 2
 

Page 56.12.1 (2)
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 90
Volume IV -


Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program 

56.12.2 Introduction 

Billings was designated nonattainment by the Environmental Protection Agency (EPA) for 

carbon monoxide (CO) in a Federal Register (FR) notice on March 3, 1978 (43 FR 9010) as a 

result ofthe 1977 Clean Air Act Amendments (CAAA). The National Ambient Air Quality 

Standard (NAAQS) for CO is 9.0 parts per million (ppm) for an 8-hour average concentration, 

not to be exceeded more than once per calendar year. Control plans were developed to bring 

Billings back into compliance following the nonattainment designation. The CO violation was 

attributed primarily to motor vehicle emissions. The initial CO control plan concentrated on an 

intersection reconstruction at Exposition and First Avenue. The final CO control plan 

incorporated computer modeling with the intersection reconstruction, and was approved in the 

Federal Register on January 16, 1986 (51 FR 2397). Billings was reevaluated in September 

1990, based on the 1990 CAAA and the lack of exceedances in the CO monitoring data for 1988 

and 1989. In a November 6, 1991 Federal Register notice (56 FR 56799), Billings was listed as 

a "not classified" nonattainment area for CO. However, redesignation requires a new emission 

inventory and development of a maintenance plan. 

The Montana Department of Environmental Quality (DEQ) developed this redesignation request 

with guidance from the 1990 CAAA and a September 4, 1992 EPA memo from John Calcagni to 

the EPA Regional Air Directors. Section 107(d)(3)(E) of the CAAA defines the five required 

criteria of a redesignation request. The criteria are as follows: 

Criterion 1: Attainment ofthe Applicable National Ambient Air Quality 

Standard 

Criterion 2: State Implementation Plan Approval 

Criterion 3: Permanent and Enforceable Improvements in Air Quality 

Criterion 4: Fuljillment ofCAAA Section 110 and Part D Requirements 

Criterion 5: Fully Approved Maintenance Plan under CAAA Section 175A 

Each ofthese criteria has been accomplished and are demonstrated in this CO redesignation 

_R_ep_I_a_ce_s_p_a_g_e_: I_D_a_t_ed_: _ 

Date ofHearing Page: 1 of 2 

Page 56.12.2 (1) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 91
Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTAnON PLAN Program

request. The following pages address each ofthe five redesignation criteria. 

Criterion 5 is addressed based on Billings' fulfillment of criterion addressed in the October 6, 

1995 EPA memo from Joseph Paisie, Group Leader for Integrated Policy and Strategies Group. 

That memo stated nonclassifiable CO nonattainment areas fulfilling specific criterion could 

choose to seek redesignation under a less rigorous plan than the full maintenance plan (limited 

maintenance plan or LMP). Billings currently meets the criterion as outlined in the Paisie memo 

by having a CO design value at or below 7.65 ppm (85 percent of exceedance levels). 

_R_ep_I_a_ce_s_p_a_g_e_: I_D_at_e_d_: _ 

Date of Hearing Page: 2 of 2 

Page 56.12.2 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 92
Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program 

56.12.3	 Criterion 1: Attainment of the Applicable National Ambient Air 

Quality Standard 

A. Ambient Air Quality Data 

Ambient CO data was collected at the State and Local Air Monitoring Station (SLAMS) sites 

located at the Bridal Shop at 8 Grand Avenue (30-111-0082) and Norwest Bank at 130 North 

27th Street (30-111-0081). Data was collected and quality assured in accordance with 40 CFR 

Part 58 and recorded in the Aerometric Information Retrieval System (AIRS). EPA has 

approved these SLAMS sites and the data collected. These sites, particularly the Bridal Shop 

site due to its proximity to the high traffic area on Grand Avenue, are considered to be 

representative ofthe areas of highest CO concentration in Billings. 

The CO quick looks report for the two monitoring sites is on the following page, Table 

56.12.3A, and contains all ofthe data for 1997, 1998, and 1999. Data from 1997 is included 

since 1999 data was incomplete for the Norwest Bank site. The maintenance demonstration - discussed in the maintenance plan section relies on the most recent eight quarters worth of data. 

No CO NAAQS violations have been recorded for 1997, 1998, or 1999. Both demonstrations 

(the quick looks reports and the maintenance demonstration) indicate that the CO NAAQS has 

been attained. 

B. Supplemental EPA-Approved Air Quality Modeling 

Supplemental air quality modeling will not be addressed in this redesignation request since the 

Billings area qualifies for the LMP as described in the October 6, 1995 Paisie memo. 

Replaces Page:	 IDated: 

Date of Hearing Page: 1 of 2 

Page 56.12.3 (1) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 93
Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program 

Table 56.12.3A EPA AIRS Quick Look Report ofCa Emissions in Billings, Montana (for 1997,1998, and 1999) 

DATE 00/02/01 EPA AEROMETRIC INFORMATION RETRIEVAL SYSTEM lAIRS) PAGE 

AMP450 AIR QUALITY SUBSYSTEM 

QUICK LOOK REPORT 

CARBON MONOXIDE (42101) MONTANA UNITS: 007 PPM 

P
 

OM REP MAX i-HR OBS> MAX 8-HR OBS>
 

SITE ID C T CITY COUNTY ADDRESS YR ORG #OBS 1ST 2ND 35 iST 2ND 9 METH 

30-111-0081 2 BILLINGS YELLOWSTONE NORWEST, 130 NORTH 27TH 97 002 8476 9.2 8.6 0 5.2 4.9 000 

30-111-0081 2 BILLINGS YELLOWSTONE NORWEST, 130 NORTH 27TH 98 002 8690 13.3 12.8 0 5.9 4.8 093 

30-111-0081 2 BILLINGS YELLOWSTONE NORWEST, 130 NORTH 27TH 99 002 5079 10.0 6.7 0 3.4 3.4 093 

30-111-0082 3 BILLINGS YELLOWSTONE BLGS BRIDAL SHOP 8 GRAND 97 002 489 7.5 5.8 3.9 3.5 093 

30-111-0082 3 BILLINGS YELLOWSTONE BLGS BRIDAL SHOP 8 GRAND 98 002 8339 9.7 9.1 6.9 5.4 093 

30-111-0082 3 BILLINGS YELLOWSTONE BLGS BRIDAL SHOP 8 GRAND 99 002 8094 8.5 8.4 6.0 5.8 093 

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Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTAnON PLAN Program 

56.12.4 Criterion 2: State Implementation Plan Approval 

A. History 

The Billings CO control plan was approved into the Montana State Implementation Plan (SIP) 

on January 16, 1986 (51 FR 2397). The CO control plan was based on traffic flow 

improvements and projected automobile emission reductions based on the Federal Motor Vehicle 

Emission Control Program (FMVECP). The anticipated date of attainment was December 31, 

1985. No violations were documented in calendar years 1981 through 1985, confirming 

attainment within that time period. The EPA approval also removed the potential of a 

construction ban over the Billings CO nonattainment area. 

B. 1990 Clean Air Act Amendments 

For CO areas, the CAAA classified areas according to recent monitored levels of CO; the 

Billings CO nonattainment area fell below the lowest CAAA threshold for "moderate" areas and 

was classified as a "not classified" area on November 6,1991 (56 FR 56799). Because ofthis 

"not classified" designation, most ofthe CAAA requirements for CO nonattainment area 

maintenance plans do not apply. 

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STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program

56.12.5 Criterion 3: Permanent and Enforceable Improvements in Air Quality 

A. Overview 

The State must demonstrate, based on Section 107(d)(3)(E) ofthe 1990 CAAA, that the 

improvement in air quality leading to attainment ofthe NAAQS and the redesignation request is 

based on permanent and enforceable measures, and that the reductions are not the result of 

temporary reductions in emissions or unusually favorable meteorology. 

It is reasonable to attribute the improvement in ambient CO concentrations in the Billings CO 

nonattainment area to emission reductions that are permanent and enforceable. The emission 

reductions are the result of implemented federal, state, and local controls. 

Economics are not responsible for improved ambient air quality levels in the Billings area. It 

can be assumed that population, employment, and traffic growth would increase CO emissions 

and the potential for elevated CO concentrations. As mentioned in the 1996 Billings CO 

emission inventory (EI), the Montana Department of Commerce estimated the population growth 

in Yellowstone County to be 11.1 percent between 1990 and 1996. If proportional growth rates 

were used for employment and traffic counts or vehicle kilometers traveled (VKT), overall 

growth in Yellowstone County would indicate higher not lower CO concentrations. 

Favorable meteorology does not appear to be responsible for the improvement in CO levels. 

From 1990 to 1999, based on data found in the AIRS database, CO design values for the Billings 

area ranged between 3.5 and 7.1 ppm, with no apparent trends. Billings temperature data for 

November, December, and January were examined for the 1990-98 time period (1999 data was 

not used since it was only available for January at the time of comparison). The average 

monthly temperatures for the time period studied was not significantly different (at a 95 percent 

confidence level) than the 64-year average monthly temperatures from the National Weather 

Service station in Billings. For November and December, the 1990-98 average temperatures 

were actually lower than the 64-year average. Lower temperatures generally result in higher CO 

emissions from automobiles. Therefore, DEQ concluded that weather was not responsible for 

reaching CO attainment levels in the Billings area. 

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STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program 

B. Control Measures 

The State concludes that the following permanent and enforceable control measures have 

resulted in the improvement in air quality in the Billings area. These measures will remain in 

place for the duration of the initial maintenance period (through 2012) to ensure continued 

maintenance of the CO NAAQS in the Billings area. 

i. Federal Motor Vehicle Emission Control Program 

A very effective CO emission reduction measure has been the Federal Motor Vehicle Emission 

Control Program (FMVECP). This program has dramatically reduced CO emissions through a 

continuing process of requiring automobile manufacturers to produce new vehicles that meet 

tighter and tighter emission standards. As older, more polluting vehicles are replaced with newer 

vehicles, CO emissions in the Billings area will continue to decline. 

To quantify this reduction, the 1990 Billings CO EI study area was used to encompass the 

community as a whole. The 1996 Billings CO EI study area included all ofthe 333 l-km2 grids 

contained in the 1990 study area, along with an additional 212 l_km2 grids. For comparison 

purposes, the 333 l_km2 grids that the two studies had in common were used. Although area 

population and VKT both increased by approximately 12 percent between 1990 and 1996, the 

resulting CO emissions decreased by approximately 19 percent. Since the primary control 

measure was fleet turn-over, this decrease can be attributed to the FMVECP. See Table 

56.12.5A below. 

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Cha ter 56 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTAnON PLAN 

Subject: Yellowstone County 

Air Pollution Control 

Program 

Table 56.12.5A Key Demographic, VKT, and CO Emissions Data and Percentage 

Change From 1990 to 1996 in Billings, Montana 

1990 1996 Percept chapge 

Population a 

-Billings City Limits 81,125 91,195 12.41 

-Yellowstone County 113,419 125,966 11.06 

Billings 1990 EI Study Area b 

-VKT/CO day 3,231,350 c 3,634,814 12.49 

-kg CO/CO day d 160,932 131,101 -18.54 

a Population values based on the 1990 u.s. Census and growth rates developed by the Montana Department of 

Commerce. 

b The 1990 Billings CO EI study area consisted of 333 l_km2 grids, covering the Billings area as well as nearby communities 

Laurel and Huntley. The 1996 Billings CO EI study area was much larger (547 l_km2 grids). Therefore, the 333 l-km2 grids 

that the two Els had in common were compared for overall CO emissions and VKT. 

C This value was recalculated using population growth and traffic count data after the 1990 Billings CO EI VKT estimate 

was deemed unreliable. 

d These values were calculated using Mobile5a for both the 1990 and 1996 estimates. The 1990 estimate was recalculated using 

the same vehicle speeds, temperatures, and Reid vapor pressures as were used in the 1996 Billings CO EI after errors were 

found in the basis and calculations of the 1990 Billings CO EI. 

ii. Changes in Transportation Infrastructure 

The first Billings CO control plan, approved by EPA on January 16,1986 (51 FR 2397), 

concentrated on an intersection reconstruction, Exposition Drive and First Avenue North, near 

where CO violations had occurred. The project included widening Exposition Drive from four 

lanes to six, widening the approach of First Avenue North to the intersection with Exposition 

Drive, and improving signalization to increase traffic flow and speed. The project was to be 

completed in late 1980. Although a reduction in emissions cannot be calculated due to lack of 

data, it was anticipated that the area would be brought below the CO NAAQS by 1985. 

Date of Hearing 

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STATE OF MONTANA Subject: Yellowstone County 

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IMPLEMENTAnON PLAN Program 

An exceedance (not a violation) was reported in 1983, but no violations have been recorded 

since that time. The project seems to have had the desired effect of improving air quality in that 

area. 

iii. Open Burning Permits 

Yellowstone County, as a part oftheir air pollution control plan, developed regulations 

governing open burning including requiring permits. The Open Burning Regulation is listed as 

Regulation Number 002 in the Yellowstone County Air Pollution Control (YCAPC) program. 

The Montana Board of Health and Environmental Sciences (now the Board of Environmental 

Review or BER) adopted the original YCAPC program on January 10, 1970. The BER adopted 

the most recent amendments to that program on September 24, 1999 and the state is waiting for 

EPA approval. 

Open burning may not be a major contributor to CO levels in the Billings area on the average, 

but can be responsible for elevated levels during certain times ofthe year. This regulation 

allows YCAPC to require the use of Best Available Control Technology (BACT) on some - permits to limit emissions through a variety of methods including prioritizing burns as to air 

quality impact and assigning control techniques accordingly. The regulations also dictate the 

times of the year to which open burning is limited. A percent reduction would be difficult to 

quantifY, however, having open burning regulations will reduce the air quality impacts. 

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STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTAnON PLAN Program 

56.12.6	 Criterion 4: Fulfillment of CAAA Section 110 and Part D 

Requirements 

For the purposes of redesignation, all ofthe general nonattainment area requirements of CAAA 

Section 110 and Part D must be fulfilled. 

A. CAAA Section 110 

Section 110 ofthe CAA was amended in 1990. However, most of the basic requirements 

remained the same. Over the years, the State has submitted and EPA has approved SIP revisions 

containing provisions that meet the requirements of Section 110 (a)(2) ofthe CAA. In 

particular, EPA has approved nonattainment NSR, PSD, and minor source permitting programs 

that meet the requirements of Section 11 0(a)(2)(C). Specifically Administrative Rules of 

Montana (ARM), Title 17, Chapter 8, subchapters 8, 9, and 10 for the New Source Review 

(NSR) and prevention of significant deterioration (PSD) program as first approved by EPA on 

September 23, 1980 and May 5, 1983, respectively, as published in the Federal Register at 45 FR 

62982 and 48 FR 20231, respectively. The permitting of minor sources is outlined in ARM Title 

17, chapter 8, subchapter 7. These rules are currently in the State's SIP as periodically approved 

and amended. 

The State has an approved ambient monitoring program that meets the requirements ofsection 

110(a)(2)(B). Specifically, ARM 17.8.204 and 17.8.206 regarding the Montana Quality 

Assurance Project Plan (QAPP) for ambient air quality monitoring was approved by EPA on 

December 21, 1993 as published in the Federal Register at 58 FR 67324. 

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STATE OF MONTANA Subject: Yellowstone County 

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IMPLEMENTAnON PLAN Program 

B. CAAA Part D 

Before the Billings 'Not Classified' CO nonattainment area may be redesignated to attainment, 

the State must have fulfilled the applicable requirements of part D. Under part D, an area's 

classification indicates the requirements to which it will be subject. Subpart 1 of part D sets 

forth the basic nonattainment requirements applicable to all nonattainment areas, whether 

classified or nonclassifiable. 

The relevant Subpart 1 requirements are contained in sections 172(c) and 176 ofthe CAA. 

EPA's General Preamble (57 FR 13498, April 16, 1992) provides EPA's interpretations of the 

CAA requirements for not classified CO areas: 

Although it seems clear that the CO-specific requirements ofsubpart 3 ofpart D do 

not apply to CO "not classified" areas, the 1990 CAAA are silent as to how the 

requirements of subpart 1 of part D, which contains general SIP planning 

requirementsfor all designated nonattainment areas, should be interpretedforsuch 

CO areas. Nevertheless, because these areas are designated nonattainment, some 

aspects ofsubpart 1 necessarily apply. See 57 FR 13535. 

Under section 172(b), the applicable section 172(c) requirements, as determined by the 

Administrator, were due no later than three years after an area was designated as nonattainment 

under section l07(d) ofthe amended CAA (see 56 FR 56694). In the case of the Billings area, 

the due date was November 15, 1993. As the Billings CO redesignation request and 

maintenance plan were not submitted by the Governor until after this date, EPA's General 

Preamble (57 FR 13535) provides that the applicable requirements of CAA section 172 are 

172(c)(3) (emissions inventory), 172(c)(5)(new source review permitting program), and 

172(c)(7)(the section 110(a)(2) air quality monitoring requirements)). The maintenance plan 

needs to describe that these requirements have been met. 

EPA has determined that Part D requirements for Reasonably Available Control Measures 

(RACM), an attainment demonstration, reasonable further progress (RFP), and contingency 

measures (CAA section 172(c)(9)) are not applicable to not classified CO areas. See 57 FR 

13535, April 16, 1992. It is also worth noting that EPA has interpreted the requirements of 

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STATE OF MONTANA Subject: Yellowstone County 

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IMPLEMENTAnON PLAN Program

sections I72(c)(2) (reasonable further progress - RFP), 172(c)(6)(other measures), and 

I72(c)(9)(mandatory contingency measures) as being irrelevant to a redesignation request 

because they only have meaning for an area that is not attaining the standard. This is explained 

in the General Preamble, 57 FR at 13564, dated April 16, 1992. Finally, the State has not sought 

to exercise the options that would trigger sections 172(c)(4)(identification of certain emissions 

increases) and 172(c)(8)(equivalent techniques). Thus, these provisions are also not relevant to 

this redesignation request. 

Section 176 of the CAA contains requirements related to conformity. Although EPA's 

regulations (see 40 CFR § 51.396) require that states adopt transportation conformity provisions 

in their SIPs for areas designated nonattainment or subject to an EPA-approved maintenance 

plan, EPA has decided that a transportation conformity SIP i's not an applicable requirement for 

purposes of evaluating a redesignation request under section 107(d) of the CAA. This decision 

is reflected in EPA's 1996 approval ofthe Boston carbon monoxide redesignation. (See 61 FR 

2918, January 30,1996.) 

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STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Pollution Control 

IMPLEMENTATION PLAN Program

56.12.7	 Criterion 5: Fully Approved Maintenance Plan under CAAA Section 

175A 

According to CAAA Section I07(d)(3)(E), for an area to be redesignated to attainment, EPA 

must fully approve a maintenance plan that fulfills the requirements ofCAAA Section 175A. 

The maintenance plan will constitute a SIP revision and must provide for the maintenance ofthe 

CO NAAQS in the area for at least ten years after redesignation. The LMP option, fulfilling the 

maintenance plan requirement for "not classified" nonattainment areas, includes the following 

core provisions: 

Provision 1: Attainment Inventory 

Provision 2: Maintenance Demonstration 

Provision 3: Monitoring Network/Verification ofContinued Attainment 

Provision 4: Contingency Plan 

Provision 5: Conformity Determinations under Limited Maintenance Plans 

All ofthe provisions have been completed and are demonstrated in this CO redesignation 

request. The following pages address each ofthe five core provisions. 

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STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Quality Control Program 

IMPLEMENTAnON PLAN 

56.12.7.1 Provision 1: Attainment Inventory 

A 1996 emission inventory was submitted to EPA on April 12, 1999 to provide an attainment 

inventory for the Billings CO redesignation request. The CO emissions in the emission 

inventory were calculated to represent a standard CO season day, a "typical winter day" in a 

typical CO season for base year 1996 (January 1 to December 31). The CO season encompassed 

January, November, and December 1996. A weekday within the CO season was selected since 

the highest average daily traffic (ADT) generally occurred during the work week period. The 

study area, as mapped in Figure 56.12.7.1A, included 547 one-kilometer squared (km2

) grids 

encompassing the Billings CO nonattainment area and surrounding region including the 

communities ofHuntley and Laurel. 

The total estimated amount of CO in the 1996 Billings CO emission inventory study area on a 

standard CO season weekday was 144,646 kilograms (kg). Thirty area sources and one general 

point source category that was composed of seven individual industries were identified as 

significant CO emitters. These sources were reduced to seven broad categories: aviation exhaust 

(2,444.02 kg/day), commercial and residential natural gas use (374.66 kg/day), industrial point 

processes (3,656.6 kg/day), nonroad motor exhaust (6,669.0 kg/day) railroad locomotive exhaust 

(235.47 kg/day), residential wood burning (12,204.34 kg/day), and roadway motor vehicle 

exhaust (119,061.84 kg/day). Motor vehicle tailpipe exhaust contributed 82.31 percent of all 

estimated CO emissions. Minor contributing source categories and their corresponding daily 

percentage of contribution were residential wood burning devices (8.44 percent), nonroad motor 

exhaust (4.61 percent), seven combined industrial point sources (2.53 percent), and aviation 

exhaust (1.69 percent). Commercial and residential natural gas consumption and railroad 

locomotive exhaust produced less than one percent ofthe estimated daily CO emissions in the 

1996 Billings CO emission inventory study area. Source contributions are displayed graphically 

in Figure 56.12.7.1B. 

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AIR QUALITY CONTROL Air Quality Control Program 

IMPLEMENTATION PLAN 

Industrial Point 

Processes Residential Wood 

2.53% Burning 

8.44% 

Roadway Motor Vehicle 

Exhaust 

82.31% 

Aviation 

Exhaust 

1.69% 

Com. & Res. Nat. Gas
 

Combustion
 

0.26%
 

'\~ Railroad Locomotive Exhaus 

0.16% 

Nonroad Motor
 

Exhaust
 

4.61%
 

Figure 56.12. 7.1B	 Total Daily Carbon Monoxide Emissions and Percentage Contributions 

by Source Category in the 1996 Billings CO Emission Inventory Study 

Area 

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STATE OF MONTANA Subject: Yellowstone County 

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IMPLEMENTAnON PLAN 

56.12.7.2 Provision 2: Maintenance Demonstration 

An October 6, 1995 EPA memo from Joseph Paisie, Group Leader for Integrated Policy and 

Strategies Group stated nonclassifiable CO nonattainment areas fulfilling specific criterion could 

choose to seek redesignation under a less rigorous plan than the full maintenance plan. The 

criterion is having CO design values at or below 7.65 ppm (85 percent of exceedance levels) at 

the time ofredesignation request. To qualify for the limited maintenance plan option, the CO 

design value for the area, based on the 8 consecutive quarters (2 years of data) used to 

demonstrate attainment, must be at or below 7.65 ppm (85 percent of exceedance levels ofthe 

NAAQS.) Additionally, the design value for the area must continue to be at or below 7.65 ppm 

until the time of final EPA action on the redesignation request. 

Design values are determined based on a June 18, 1990 EPA memo from William Laxton, 

Director ofthe Technical Support Division. For 8-hour CO, determining the design value 

requires finding the maximum and second maximum 8-hour values for the most recent two years 

or 

second 

eight 

highs") 

quarters 

is 

of 

used 

data. 

as 

The 

the design 

highest 

value 

ofthe 

for 

second 

each CO 

maximum 

monitoring 

values 

site. 

(or 

If 

the 

more 

"highest 

than one 

of the - monitoring site exists in the area, the highest site design value is used as the design value for the 

entire nonattainment area. Two CO monitoring locations in the Billings area have collected data 

for 1998 and 1999, the most recent eight quarters of data. Those locations are the Bridal Shop at 

8 Grand Avenue and Norwest Bank at 130 North 27th Street. As seen in Table 56.12.7.2A, the 

design value is 5.8 ppm, well below the 9.0 ppm NAAQS standard and below the 7.65 ppm limit 

for LMP eligibility. Therefore, Billings meets the air quality criteria for the LMP. 

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Table 56.12.7.2A Design Value Determined Based on 1998 and 1999 Data (Data 

Obtained from EPA AIRS Database) 

Max 8-hour CO (ppm) 

Year Location Site ID 1st High 2nd High 

1998 Bridal Shop 301110082421011 6.9 5.4 

Norwest Bank 301110081421011 5.9 4.8 

1999 Bridal Shop 301110082421011 6.0 5.8 (design value) 

Norwest Bank 301110081421011 3.4 3.4 

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56.12.7.3 Provision 3: Monitoring Network/Verification of Continued Attainment 

CO compliance monitoring in the Billings area, including the Bridal Shop site (which has 

recorded the highest CO concentrations), will continue in accordance with the Montana Quality 

Assurance Project Plan (QAPP), the EPA Quality Assurance Manual (EPA-600/9-76-005, 

revised December 1984),40 CFR Part 50 including Appendix C, and 40 CFR Part 58 including 

Appendices A through G. Accuracy data for the Billings CO sites and precision data for the 

Montana CO network will continue to be submitted to EPA on a regular basis through the federal 

Precision and Accuracy Reporting System. 

DEQ and YCAPC intend to operate the Bridal Shop site on an indefinite basis. Any future 

changes in the CO monitoring will be addressed in the annual Montana Network Review (MNR) 

and an EPA network modification request form will be submitted to EPA for approval prior to 

making any changes. Emergency episode CO monitoring in Billings shall be conducted, if 

necessary, in accordance with Montana's Emergency Episode Avoidance Plan. 

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56.12.7.4 Provision 4: Contingency Plan 

Section 175(A)(d) ofthe CAAA requires that the maintenance plan contain contingency 

provisions to assure that the State will promptly correct any violation ofthe CO NAAQS that 

occurs after the redesignation of Billings to attainment. EPA's redesignation guidance notes that 

the State is not required to have fully adopted contingency measures that would take effect 

without further action by the State. However, the contingency plan should ensure that 

contingency measures are adopted expeditiously once the need is triggered. The primary 

elements ofthe plan involve the tracking and triggering measures to determine when 

contingency measures are needed and a process for implementing appropriate control measures. 

A. CO Concentration Tracking 

Tracking CO for the Billings area will consist of monitoring and analyzing CO concentrations in 

that area. In accordance with 40 CFR Part 58, Montana will continue to operate and maintain 

the Billings monitoring network to demonstrate ongoing compliance with the CO NAAQS. 

B. SIP-Mandated Trigger and Response 

i. Trigger 

The LMP will use one exceedance ofthe CO NAAQS as the trigger for adopting specific 

contingency measures. The adopted contingency measure(s) will be implemented only if a 

violation ofthe CO NAAQS occurs. Notification to EPA and to the local governments in the 

Billings area of any exceedance will occur within 60 days as part of the Quality 

Assurance/Quality Control (QA/QC) monitoring procedure. 

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ii. Response 

Upon notification of a CO NAAQS exceedance, DEQ and YCAPC will recommend appropriate 

contingency measure(s) intended to avoid a violation ofthe CO NAAQS. Information on the 

historical exceedances ofthe standard, the meteorological conditions related to the recent 

exceedance(s), and the most recent estimates of population and VKT growth and emissions will 

be reviewed. The possibility of an exceptional or natural event will also be evaluated. 

Following the review ofthis information, the necessary contingency measure(s) will be proposed 

for local adoption. The local adoption process will be completed within three months ofthe 

exceedance notification. The contingency measures provide a maintenance area with an 

opportunity to maintain its status as an attainment area. 

Ifand when a violation ofthe NAAQS occurs, the locally adopted contingency measure(s) will 

be fully implemented within one year. Section 175(A)(d) ofthe CAAA states: 

The failure ofany area redesignated as an attainment area to maintain the
 

national 

State revise 

air 

its 

quality 

State 

standard 

implementation 

concerned 

plan 

shall 

unless 

not 

the 

result 

Administrator, 

in a requirement 

in the
 

that the
 - Administrator's discretion, requires the State to submit a revised State
 

implementation plan.
 

C. Possible Contingency Measures 

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YCAPC may choose one or more contingency measures to recommend to local officials and 

DEQ for consideration. YCAPC will select contingency measures designed to bring the area 

back into compliance with the CO NAAQS quickly and to specifically meet the needs ofthe 

Billings area. Some potential contingency measures include: 

•	 implementing an oxygenated fuel program with local regulations in the Billings or 

Yellowstone County area for the winter months of November, December, and January 

(typically the months with the highest CO levels); 

• implementing a high pollution day, episodic woodburning curtailment program; and/or 

• other emission control measures appropriate for the area that are yet to be defined. 

D. Maintenance Plan Requirements 

,,­

Eight years after EPA redesignates the Billings area to attainment, the State commits to submit to 

EPA a revised maintenance plan that provides for maintenance ofthe CO NAAQS for an 

additional 10 years after the expiration ofthe initial maintenance period (through 2012) covered 

by this maintenance plan. 

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Page 56.12.7.4 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 112
Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Quality Control Program 

IMPLEMENTAnON PLAN 

56.12.7.5 Provision 5: Conformity Determinations under Limited Maintenance Plans 

Since the Billings area is a 'Not Classified' nonattainment CO area, only some ofthe general 

provisions ofthe CAA Part D apply. These include the "General" and "Transportation" 

conformity provisions ofCAA Section I76(c). The conformity provisions ensure that federally 

funded or approved projects and actions conform to the air quality planning goals ofthe Billings 

CO control plan before they are constructed. For the purpose ofthe LMP for Billings, the 

conformity issues are slightly different than in a full maintenance plan and are explained below. 

The transportation conformity rule ofNovember 24, 1993 (58 FR 62 188) and the general 

conformity rule of November 30, 1993 (58 FR 63214) apply to nonattainment areas and 

maintenance areas operating under maintenance plans. Under either rule, conformity can be 

demonstrated by indicating that the expected emissions from planned actions are consistent with 

the emissions budget for the area. In areas with LMPs, conformity determinations are still 

required, but a LMP has no emission budget because "emissions budgets in limited maintenance 

plan 

period" 

areas 

("Limited 

may be treated 

Maintenance 

as essentially 

Plan Option 

not constraining 

for Nonclassifiable 

for the length 

CO Nonattainment 

of the initial maintenance 

Areas," - memorandum from Joseph Paisie to the EPA Regional Air Branch Chiefs, October 6, 1995). 

For general conformity, all projects are considered to satisfy the "budget test" specified in 40 

CFR 93.15 8(a)(5)(i)(A) once EPA has approved this redesignation request. For transportation 

conformity, federal actions requiring conformity determinations are considered to satisfy the 

budget test specified in sections 93.118,93.119 and 93.120 of the conformity rule once this LMP 

is found adequate by EPA. In Billings, federal actions are also considered to satisfy the 

transportation conformity rule's requirements for expeditious implementation oftransportation 

control measures (TCMs), because there are no TCMs in the Billings SIP. Transportation plans, 

transportation improvement programs and Federal projects still require conformity 

determinations in order to proceed, and Federal projects are still subject to the hotspot modeling 

requirements ofthe transportation conformity rule. 

_R_e_p_la_c_es_p_ag_e_: I_D_at_e_d_:-------------­

Date of Hearing Page: 1 of 2 

Page 56.12.7.5 (1) 

-

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 113
- - -

Volume IV 

Cha ter 56 

STATE OF MONTANA Subject: Yellowstone County 

AIR QUALITY CONTROL Air Quality Control Program 

IMPLEMENTAnON PLAN 

END OF DOCUMENT
 

\\DEQ MET PRI\USR\CB5352\Word\BILLINGS\BLNGS CO\Maintenance


Plan\BillingsLMP.doc
 

Replaces Page: IDated: 

Date of Hearing Page: 2 of 2
 

Page 56.12.7.5 (2)
 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 114
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

State Adoption Date 

EPA Effective Date 

Notice of Final Rule Date 

Notice of Final Rule 

Citation 

Comments 

Rule: 0924990rder.pdf 

Montana 

Department of Environmental Quality 

Yellowstone County 

Board Order 

Board Order - 1999 September 24 

Approval of Amendments to Yellowstone County's Air 

Pollution Control Program 

09/24/1999 

09/24/1999 

10/12/2001 

08/13/2001 

66 FR 42427 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 115
Volume IV 

Chap 

Yellowstone County 

Air Pollution 

Con am 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

---------_._-­

In the mlllter of the application 

of Yellowstone County for FINDINGS OF FACT, 

approval of amendments to its CONCLUSIONS OF LAW 

local air pollution control AND ORDER 

program.

-----_._---­

BACKGROUND 

Yellowstone County (CO\Ulty) has filed an application with the Board of Environmcnlal 

Review (Board), seeking approval of amendments to its local air pollution control program ("the 

program"). 

Aftcr public nDtice, the Board conducted a public hearing 00 the proposed amendments on 

May 14. 1999. at the Metcalf Building. Helena, Montana. The County and the Department of 

Enviromncntal Quality (Department) presented testimony. Due: to written comments submitted by 

the Enviro~otal Protection Agency (EPA) on April 13. 1999. which required further 

consideration, tbc Board continued the hearing to Scptcmba" 24, 1999, to allow the Department and 

Yellowstone County to consider the comments and take any appropriate action. 

On September 24, 1999, the Board resumed the bearing in this matter. lhc Department and 

the County provided additional testimony. 

The Board provided all intcn:sted persons with an opportunity to be heal'd at \he two public 

meetings held by the Board in this matter. 

Based upon thc record in this proceeding. the Board enters the following Findings of Fact, 

Conclusions of Law and Order: 

Page 56.9.2.6 (2) 

ated: 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 116
STATE OF MONTANA 

AIR QUALITY CONTRO 

e owstone County 

Pollution 

IMPLEMENTAT AN Control 

fINDINGS OF fACT 

I. Yello~tone County operates 8 local air pollulion collJlol program approved by the 

Board. The program was lint approved by the Board's pmlecessor, the Montana Board of Health 

and Environmental Sciences. in 1969. 

2. The County's program is known as the Yellowstone County Air Pollution Control 

program. The PlOpan' is WKlu the directioo and control of a Cootrol Board. 

3. The County program eDCOinlpasses all o(Ye~CoUIJty. the CiticsolBillingulld 

Laurel and the Town of Broad\liew. 

4. In addition to other aUlhority delegated to the County. punuanl to §§ 75-2-301(4) and 

-402, MCA, the Board has delegated to the County cmcQlcncy powen over air pollUlaDl sources 

otherwise regulated by the Department, including those thai require: aD environmenlll1 impllCt 

sIalcmenl, that are subjecllo the Major facility Siting Ael and'or thaI have the potential to emil 250 

tons a year or more of any pollulaDt subject 10 regulation WIder the Clean Air Act of MODlaDa, 

including fugitive eltWsions. 

S. On Do:ccmber 23. 1992. the Department submitted an amended Yello~ne County 

program to EPA for approval into the State Implemmulion Plan (SIP). However. EPA bas not' 

lIpproved or disapproved the amended program. 

6. The County seeks approval of additional amendments to the program. A copy of the 

program, as proposed to be amended.is attached to this order IS Exhibit A. 

7. The proposed amendments include minor editorial changes. changes 10 conform the 

program regulations to Ihe new name of the Board and Department (after the July I. 1995, 

2 

Page 56.9.2.6 (3) 

Dat 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 117
Replaces Page: 

Chapter 56 

STATE OF MONTANA 

AIR QUALITY CONT"LI.J.........--

Yellowstone County 

f'Dt-e:l!!llution 

IMPLEMEN PLAN Control Ur;::lo'--ftreoraanization ofSlate natural resolll"l:c agem:ies) 1WI chanBcs 10 confonn the: pwpam to reviuOll$ 

in statutes and NIcs implcmcntc:d by the Dcpanmcnl 

8.	 The proposed lImcndrncnlS include deletion ofthe following regulations: 

a) Ambient air quality standards; 

b) !'reconstruction and operating permit requimnents; 

c) RcstricliolU regarding particulate cmissicms &om incinerators; 

f 

d) Restrictions regarding particulate emissions &om industrial prvc:esscs; 

e) RcslrictioJ1) regarding airbomc pcIicuIate malta'; 

f) Resb'ictioas regllr'ding particulale emissions ftolQ fuel bumin& equipment; 

g) Restriclions rcgardiag visible air conlal1linants; 

h) Restrictions rqardillg $Ul1Ur ill f1Icl; 

i) Requirements regarding malfwx:tions ofair pollurioa conIrol cquipmCllI, process ) equipment and processes that affect emissions; 

j) Restrictions reglUding circ:um~tion of dcIection of air cOnlaminants and 

creation of. public nuisance; 

k) Restrictions regarding removal or aJraation of air pollution control devices ill 

motor vehicles; .. 

I) Rcquil'CDlClllS rqpuding Ic:sting of air contaminant sourc:cs and operation of 

continllD\lS emission moailors; 

m) Restrictions regarding S10rage ofpetroleum products; 

n) New source pcrfonnance standards (NSPS); and 

0) Emission slandards {or 1tazard0U5 air pollulanlS (HAPs). 

9. The proposed amendments im:lude the following specifIC revisions: 

3 

ae 

Page 56.9.2.6 (4) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 118
a)	 Amendments 10 open burning regulations, largely 10 conform to changes in Ihe 

Department's open bumina rules; and 

b)	 AIIIendment ofthe: Emetgency Episode Plan to specify thar Yellowstone County. 

rather than the DepaItment as ill the past, now opcr.tes two continllllUS sulfur 

dioxide lIIOniton connected bY nwdem 10 the Department's Billings offlCC. 

10. After publishilll aotiec to the public, the Bi1lings Cily Council, Broadview Town 

CO\lllCil1llld Laum City Council, respectively, approved the original proposed lIJIleildmenls 1Ifler. 

public hearing. 

11. After publishing no6ce to the pubtic:, the Yellowstone County Board of CO\IDtJ 

COI1UDissioners approved Ihc original proposed amendments after a public bearioll. 

12. On April 11,1999, the HeleuaJndependenl Record and Billings Gazette, respectively, 

published notice that the Board would consider the County's application for approval of tbe. 

amendments at a public hearing on May 14, 1999, al 9:00 am.• in Room 1\ 1 of the Metcalf 

Building. Helena. MontanA. 

13. On April lJ, 1999, EPA, Region VlIl, submilled writtco comments to the Board 

regardiDll the proposed amendments. EPA's material comments were that: 

a)	 EPA camtot approve a VllI'iancc provision that allows varillllCeS from SIP 

requirements; 

. . 

b) Sections F(3) and (4) Df ReguiatiOll No. 2 wen: less stringent than the 

Com:spooding DepeI1menlIUlc, ARM 17.8.60S. in that they WOlIid have allowed 

lIIl90r open bwuing and coadiW:mal opc:n buming dqthe c:ntire y~, wb=as 

the Depanmcnt ruJe allows those types ofopen bwning only dwing the months 

of March through November, and 

c)	 That variow provisions of the emert\CRcy episode plan were less stringcnllhan 

the Department's emergency episode plan. 

4 

Replaces Page: 

Page 56.9.2.6 (5) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 119
Yellowstone County 

. Pollution 

Contro 

14. On May 14.1999, the Board held a public hearing to rake testimony on the proposed 

lIIl'lCIIdments and on submittal of the proposed revised County pl'OjJlllllo EPA for approval into the 

Stale Implementation Plan (SIP). 0cpaI1mcnl sWI'and Steve DuprlZ. DiretlOr of the YelloWS1Olle . 

County Air Pollution Conlrvl prollflllD, testified. No members ofthe public testified or submitted 

wrincn comments. 

1S. Due 10 !be need for the Depa1Jncnl and County to consider EPA's comments I\Irthc:z' and 

tab: any necessary action, the SOlII'd CllQtiDued the public hearing until Septembca- 24, 1999. 

16. After publisbing no'ice to the public, lIIId a&r public hearings, the Billings City Council, 

Broadview Town Council and Law-el City Council. respectively. approved Ibr1hcr amendments to 

the program, prvposcd in n:spoose to EPA's comments. 

17. After publishing notice to the public, and aftcI' a public '-log, the Yellowstone County 

Board of County Commissioners approved lVltber lIItIClIdmenta to the progJ8lll, proposed in response 

10 EPA's comments. 

18. On August 1S. 1999. the Helena Indepcudent Record and Billings Gazette, respedively. 

published notice lhat the Board would again conside1" the: COWlty'S application for approval ofthe 

amendments al a public hearing OQ Seplcmber 24, 1999,819;00 8.m., in Room 111 oCthe Metcalf 

Building, Helena, Montana. 

19. In response to EPA's comments, lhe County has revised the open burning provisions in 

Sections F(3) and (4) oCReguialion No, 2.10 conform 10 ARM 17.8.60S. 

20. On July 8. 1997, the OepaItment subminc:d a revised Stale emergency episode plan to 

EPA for approval jnlo the SIP. EPA has not approved or disapproved Ihe plan. 

Replaces Page: 

Page 56.9.2.6 (6) 

Dated: 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 120
Chapter 56 

STATE OF MONTANA 

AIR QUALITY CO,~N"",""",,,,,

b'ect: Yellowstone County 

ollution 

IMPLEME N PLAN Control 

21. The County's emergency episode plan include, provisions that may not be as stringent 

as the most=t Stace emergency episode plan. 

22. The Department recommended to the County that it not revise its emergency epUode 

plan until EPA has acled on the State plan. 

23. The Department lesIificd lhaslbc County ClIIeI:FDCY episode plan is adcquale 10 protect 

public: health and the environment durilll an emergeney pending lICtiOD by EPA 011 the Sbde's 

24. Except for the prOgram's emergeucy episode plan, the County program provides for 

requirements compatible wilh. more stringent than or more extensive thaD those imposed by the 

Clean Air Act of Montana, and rules adopted under that Ac:L 

25. The proposed IIIDeIldments to the Cow1ty program do not make the County prognm more 

stringeot than the companable slalc law. Currently, Regulation OIO(C) requitts penons conducting 

any type ofregulaled open burning 10 obuin an air quality open bumillg permit from IItc COlDlty. 

The comparable Department rule, ARM 17.8.606(1), specifics that a permit is not required for minor 

source open burning unless a permit is RqUiml under molber provision of the Department's open 

burning ruleL Howna-, the COWlty is DOt proposing amendments to the open burning rcgulaliODS 

thai would make the exi,ting rcgulari~ more striJtgellt than the State opclI.bwniDglUles. 

26. The County program provides for enforcement of its requiremcnls by appropriau: 

administrative IIIICI judicial proCe5'eS. 

27. The COWlty program provides for adminisuativc organization, 'talT, flllllllCial resow-ca, 

and other resources necessary 10 effectively and effic:ienlly carry out the program. 

6 

Replaces Page: 

Page 56.9.2.6 (7) 

ated: 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 121
AIR QUALITY CON~.",~

IMPLEMENT PLAN 

STATE OF MONTANA
 

28. The Departmml should assume Of main control over any emission sources regulated by 

Ihc Clean Air Act of Montana for which Ihc COIIIlty's program does not provide rcquiremenlS 

compatible wilb, more stringent than Of" more extensive Ihan those imposed by Ihc Clean Air Act of 

Montana or rules adopted under !hat Act 

29. Implemenlation of!he County's program, as proposed to be amended. is not intended in 

BUY way ID interfere with menlioD ofjurisdiction by the Department over those emissioa sources 

30. It is approprillle for the County to CODtinue to be responsible for emergenc:y powers, as 

provided in § 7S-2-402. MCA, for all air pollutant sources subject 10 the Clean Air Act of Montana. 

CONCLUSIONS OF LAW 

1. After public hearinS. a municipality Or COllDty may establ1sb and administer a local air 

pollution control program iflbc program is consisteDt with the Clean Air ACI ofMontana, Title 75. 

chapter 2. MCA. and is approved by !be Board. § 7$-1-J'1(1). MCA. The County held public 

heariDllJ prior to establishing the prollJllll'. IS proposed to be amended. 

2. for a COIIDty to establish a Ioc:a1 air pollution conttol pro&nIDl!hat =mpassa all or 

part of a mWlidpaiityI the COWlty and each municipality must approve Ibc proarcun after a public 

hearing. § 7$-2-301(1), MCf.. The Couoly 8Dd each mWlicipeJity cncolJl(lll5SCd by the Yellowstone 

County proiPam have approved the program after notices 10 the public and public hearings. 

3. Nolice 10 the public and an opportwlity to be beard are required for the County's 

application for Board approval. § 1-J-10], MCA. Advertiscmenl in a Dewspaper of general 

cirt:ulalion within the ami to be affected constilulcs proper nOlice. § 2-3-104(4). Met. Proper 

7 

Page 56.9.2.6 (8) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 122
olume IV 

Chapter 

STATE OF MONTANA 

AIR QUALITY'CONTROL 

IMPLEMENTAno 

...:11=S'l~~_1Yellowstone County 

Air l'ntimUUl...­

Control 

nouce and an opportunity 10 participalc in Ibis proceeding have been pl'Qvided 10 Ihe Department, 

the County and the public. 

4. The Board by "rdo:r may approve a local air pollution conlrOl program that: 

a) provides by ordina.Dce or local law for lCCIuilallCllts compatible with. DIMe 

stringent than, or more cooensive than !hose imposed by I§ 7S-2-203, 75-2-204. 

7S-2-211. 7S-2-212, 75-2-21 S. 7S-2·217 through 7S-2·219•. and 7S-2-402. MeA. 

and rules adopted WIder these sections; 

b)	 rprovides for the enforeanent ofrcquimnenls by appropriate administralive IIIld 

judicial processes; and 

c) provides f<lr lIdmiDistIative orpnizatioa, staff. (_ial resources, and other 

resources-.,. 10 effectively &lid dIiciClltly carry oullbc program. 

Set:tion 7S-~JDJ(J). MCA. 

S. With the exceplioo ofthe CW1'CIl1 emergency episode plan. the program requirements are 

compatible wirJl, more SlringCII( than, or more extalSive dian die rcquitcmcnts ofthe CleII1 Air Act 

of MonlaDa. However. it is appropriate for the CoUllty to wait to conform its emcJllCDCy episode 

plan until after EPA has 8pp<Oved or disapproved the Stde's revised plan. 

6.	 The program m«1S lhe requilemellts of § 75-2-301(3). MCA. 

7. Uoder §I 75·2-207 &lid 301(4), MeA., (House BiU 521 &om the 1995 Mooflll1ll 

LegislalUre) the Board may DOt approve a local air quality ordinance or law that is more stringent 

than the comparable stale law unless the Board makes writlCII findings atl.cr • public bearing and 

public comment thallhe proposed local ordinanc:t or law prole<:ts public bca1th or the environmcm, 

can mitigate harm to the public health or CI1vil'Qnment and is achievable WIder current IcchnotollY. 

. HB 52 J is not applicable 10 the County's applkarioo for Board approval because tbe County is not 

8 

Replaces Page: 

Page 56.9.2.6 (9) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 123
V lume IV 

Chaptteerr3io---~

LAN 

STATE OF MONTANA 

AIR QUALITY CONTRQ 

IMPLEMENTAT 

)
 

proposill8 Illy amcndmcDl:I that would make the County program more slrin&mt than tbc Clean Air 

Al:t ofMoDtanlIlIIld the Nics adopted lIIIder that Act. 

8. The Depanmcnt should _ or main coonl over lOy soun:e regulated by !he Clean 

Air Act ofMOQIma b which tbc County bas not prOvidfld for reqWrancnIS that 8R compGltibie with 

!hose imposed by the Clean Air Ad ofMontana BDd rules adopted II/lder that Act. 

9. EKcepl.for those emergcnc:y poWI:rS provided bin § 75-2-402. MCA, the Boanl 

I1CK delc&* to a local air pollulillll eonlI'OI procnun the IMbority to connl any air pollution sopn:e 

a)	 reqlliJes the JlI'eP8ndian of 811 awiJomnental impKt slalcmcut in IICCOJdBnce with 

Title 75, chapter I. part 2; 

b)	 is subject to regulation IIDdcr the Moatana Major Facility Siting Act, ., provided 

in Title 75, <:baptcr 20; or 

c)	 bas the polcDtialto emit 250 tons per yeaz 01' more of any pollllWll subject to 

regII1alion lIDder the CIWI Air Act of Montana. including fusilive anissions, 

WlIcss the IIUlbDrity to control the source wu delegated prior 10 lanll8tY I, 1991. 

Stttioll 1~2-J(U(4).MCA. 

10. It is IIJlIlI'Opriale for the COIInty to <:onliDuc 10 be rc:spoosible for ClDergency powers 

regardiag all air pollutant SOW'CCS in Yellowstone County regulated WJdc:r the Clean Air Act of 

MOD1lIDa. 

I. The Board bercby approves the Yellowstone COWlty Air Pollution Control projram. as 

prnposed to be amCllded in Elthibit A. 

2.	 EKccpl for emeTgen<:y powe~ the Department of Environmental Qllalily shall relaiD 

control over those air pollutant sour<:es listed in § 75-2·)01(4). MeA. 

9 

Replaces Page: 

Page 56.9.2.6 (10) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 124
Yellowstone County 

~-"''''lIution

STATE OF MONTANA 

AIR QUALITY C OL 

IMPLEME ION PLAN Control r 

)
 

J. The Department ofEnvironmenw Quality shall &SSWIIe or retain c:onlrol OVct any other 

air pollutant sources regulated IUIdt:r the Clean Air Act of Montana that are DOt c:ovcn:d by the 

Yellowstooc COIIDty prollJ'lllll. 

4, Yellowstone County shall aJIlliDue 10 be responsible lor cmcrgeocy poMtS. as pmvIcIed' 

in § 75.2-402. MeA. reprding all air pollutaDt SOIIlUS in Yellowstone County lba1 arc regulated 

IBId« die Oean AIr Ad ofMOIItlIIIL 

DATID this clay pfScplaDbcr. 1999. 

10 

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Page 56.9.2.6 (11) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 125
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 126
State Montana 

State Agency Department of Environmental Quality 

Affected Area Yellowstone County 

Regulation Sulfur Dioxide - Board Orders, Stipulations, 

Exhibits and Attachments 

Rule Number 1977 December 1 - Stipulation 

Rule Title	 In the matter of the Proposed Revision of 

the State Implementation Plan for the 

Billings Air Quality Maintenance Area 

State Effective Date 01/25/1978
 

State Adoption Date 01/25/1978
 

EPA Effective Date 09/06/1979
 

Notice of Final Rule Date 09/06/1979
 

Notice of Final Rule 44 FR 51977
 

Citation
 

Comments
 

Rule: 12011977 Stip.pdf 

Rule History 

State Effective Date EPA Effective Date Notice of Final Rule Date Notice of Final Rule Citation Comments Rule Text 

01/25/78 09/06/79 09/06/79 44 FR 51977 

01/25/78	 09/06/79 44 FR 51977 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 127
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THIlIIU", 

BEFORE THE BOARD OF HEALTH AND ENVIKNMENTAL SCIENCFS 

OF nm STATE OF MCNrANA 

In the Matter of the Proposed 

Revision of the State Implementation 

Plan for the Billings Air Quality STIPULI\TICN 

Maintenance Area 

IT IS HEREBY STIPUIA'IED, by and between the State of ~bntana, DepartII'eIlt of Health and EnvironIl'eIltal Sciences, (hereinafter Depar1::Irent); the Exxon 

Company, U.S.A., a division of Exxon CorpJration, Billings Refinery, (hereinafter 

Exxon); the Continental Oil Canpany, Billings Refinery, (hereinafter Conoco) ; 

the Fanrers Union Central EKchange, Inc., Iaurel Refinery, (hereinafter Cenex); 

'lbe tbntana Power CDnpany, Billings, ~ntana, (hereinafter r·~); the Great 

western Sugar CDnpany, Billings, ~ntana, (hereinafter Great v·1estern); and the 

~ntana Sulphur & Olemical CCInpany, Billings, ~ntana, (hereinafter rmtana 

Sulphur) as follCMS: 

1. That the Depar1::Irent and the YellCMStone County Air Pollution 

Control Agency have been conducting ambient llDnitoring, source testing and other 

studies to deteJ:rn:ine the ambient air quality of the Billings Air Quality Main­

:tenance Area (A(JolA) since ]lugust, 1971, in order to fulfill their responsibilities under the ~ntana Clean Air Act; 

2. That in conducting llDnitoring and studies, the Depar1::Irent has 

divided the Billings N;l1fA into three subareas. Subarea 1 is the portion of the 

N;J:IIA located adjacent to Iaurel, ~ntana. Subareas 2 and 3 canbined are referred to collectively as the netropolitan Billings portion of the N;J1fA; 

3. That based on extensive IOClni.toring conducted by the Depar1::Irent in 

subarea 1 and limited llDnitoring in subareas 2 and 3, the Depar1::Irent alleges 

that the ~ntana one hour, twenty-four hour, and annual ambient rules for 

sulfur dioxide have been exceeded, and the federal three hour (secondary), 

twenty-four (priIrary) and annual (primlly) ambient standards for sulfur dioxide 

have been exceeded; and that the Depar1::Irent has used ccmputer llDdeling to prediet ambient air concentrations of sulfur dioxide in the Billings N;JIfA and, 

..
 52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 128
:1 

II 

IIIIII
 

!I
 

1 

1

1 based on that nodeling, alleges that the M:::lntana one hour and twenty-four hour I 

2· ambient rules and the federal three hour and twenty-four hour ambient standards 

3 are being eXceeded' in all subareas; 

4 4. That EPA has detennined and issued	 a notice, that the M:::lntana 

5 Clean Air Act, 5tate Implementation Plan (5IP), is inadequate to provide for th 

6 attai.nnent and maintenance of national ambient air quality standards for sulfur 

7 dioxide in the Billings AC!!iA (Federal Register Volurre 41, No. 132, July 8, 

8 1976), and has directed the Department to prepare a 5IP revision that will 

9 attain and maintain the national ambient air quality standards for sulfur die10 ride in the Billings A(l<IAi 

11 5. That the Department has issued orders to take corrective action 

12 and notices of violation against Cenex and Exxon as follows: 

13 

14 Date of 

Alleged Rule Unit 15 NOV. # Violation Involved Involved 

16 Exxon 760224-FG-l 8/27/75	 51430 & Fluid Cok­

-51450 ing Unit, 17 

carton 

M:::lnoxide 18 

Boiler 

19 Exxon 760224-:FG-2 continuing -514070	 Oil Water 

Separator 20 

Exxon 760224-FG-3 9/19/75 -51430 & Fluid Cata­ 21 

-51450 lytic Crack22 ing Unit, 

carl::on 

23 ---M::Jnoxi.de---­

Boiler 

24 

Exxon 760224-FG-4 continuing -51470 canbustion 

25 Units 

26 Exxon 760224-FG-5 2/6/75 -51440 Coke Handling and 

27 5torage 

28 Exxon Order to Take 2/24/76 All of the 

Corrective al:ove 

29 Action Notices of 

Violation 

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cenex N760202-FG-l 2/6/76 -51430 & FCC-CO 

31 -51450 Boiler 

32 Cenex N760202-FG-2 2/6/76 -51470 Canbustion 

cenex	 Order to Take 2/6/76 All Cenex 

Corrective Notices of 

Action Violation 

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Cenex Citation 9/7/77 -814050 Testing and 

~nitoring

6. That, in an effort to resolve the disputes described in this 

Stipulation, Cenex, Exxon and Conoco, since O::::tober, 1976, and r1PC, ~bntana

Sulphur, and Great v)estern, since they were invited to participate, have been 

discussing, in good faith, the disputes herein described with the Depart:rrent and 

EPA; 

7. 'I11at Cenex and Exxon deny that they have violated the provisions of ARM 16-2.14(10)-81430, 81440, 81450, 81470, 514070, and 814050 or any
 

other rule;
 

8. That Cenex, Exxon and Conoco have filed petitions for declaratory rulings now pending before the Board of Health and Environrrental 8ciences
 

(hereinafter Board) seeking declaratory rulings as to the interpretation and
 

applicability of ARM 16-2.14(1)-51430, 51450, 81470 and 814050;
 

9. That Conoco, Exxon, Cenex, MPC, Great Western and ~bntana 8ulphur 

dispute the basis of EPA's detennination concerning the need for a revision of 

funtana' s 8IP for the Billings l>Q:1A, including the validity of the =del, the 

validity of the rronitoring prcx::edures and the results; 

10. That Conoco, Exxon, Cenex, !1PC, r,reat Nestern and ~ntana 8ulphur 

dispute the basis of the I;lepart::rrent' s allegations and study concerning ambient 

air quality in the Billings l>Q:1A, including the enforceability of rule 814040 as 

ambient standards, the validity of 514040, the Validity of the =del, the validity of the rronitoring procedUres, and the results; 

11. 'I11at the Depar1:m:mt reaffirms its belief in the validity of the 

standards contained in rule 514040, the validity of the rrodel, the validity of 

the rronitoring procedures, and the results, but acknowledges that there are 

legitirrate questions as to whether the pollutant limits in rule 814040 are 

standards which are not to be exceeded and what enforcem=nt action can be taken 

to assure carpliance with rule 814040 if the pollutant limits are standards. 

Therefore, to avoid costly and prolonged litigation and to give the Board an 

opportunity to resolve all questions raised concerning funtana I s ambient air 

quality rule, to revise rule 514040 to canply with the requirerrents of the 

Federal Clean Air Act Amendrrents of 1977, and to re-examine rule 514040 after 

ten years of experience, the Department agrees not to serve or file any notice 

-3­

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of violation, 'issue any order to take corrective action, or take any other 

enforcanent ac:t::ial based on alleged violations of rule 814040 until the Board 

has either: (aJ interpreted rule 814040 in a declaratory ruling hearing, or (b) 

in a rule makiJ:J:J hearing, has nodified rule 814040 or adopted a new rule in lieu 

of rule 51.4040 which addresses the enforceability issue. Any enforcement action 

based on a1l.egEd. violations of rule 814040 will be based only on violations, if 

any, occurrin; after the Board has acted on 814040. 

12. 'filat all parties agree that additional ambient air sulfur dioxide 

rronitorinq is needed in the Billings Af;J!iA to validate a ITOdel and to reach a 

final detenninatinn as to actual air quality. The Department agrees to discuss 

with the parties the validation of the m:::del and to make available all informatian applicahJe to SlX:h validation. The Depart:rrent will use the validated 

m:::del and. data for planning purposes, as an indicator of problem areas, and as a 

decisioo ma1d.Ilq tool where measured data have not been collected or are not 

available~ If tile IIDni.toring data show violations of applicable and effective 

federal ambi.el:!t. air standards or if the validated ITOdel predicts violations in -. areas where measured data have not been collected or are not available, the 

Department shall. notify the parties contributing to the violation in writing of 

any such fedeJ:al standards that have been exceeded and the extent to which 

standards have been exceeded. Arrj party so notified which disputes the data 

indicating a violation may, within fifteen days fran the date of the written 

notice, request a conference with the Depart:rrent to resolve the dispute. A 

conference will. be scheduled within thirty days. If it is detennined at the 

conference that: the violation w::ml.d not have occurred if the plant m:xlifications 

and instaUaHans descriJ::led herein in paragraphs 14 and 15 and the stack height 

increases des:ribed in paragraph 16 had been c=pleted, or if it is detennined 

that the viol.aticn did not occur or if it appears otherwise appropriate, the 

Depart:rrent shall withdraw the notice. If it is detenni.ned that the violation 

did occur and that it would have occurred even if the stack height increases and 

plant insta1lat:i.a1s and mXli.fications had been c=pleted, following the conference the Depart:ment shall request the parties receiving the aforementioned 

written notice to subnit a prot:Qsed CCI\llliance plan within thirty days fran the 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 131
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date of ccnference. If no conference is requested, the Departrrent shall request 

the parties to sutmit a canpliance plan within forty-five days fran date of the 

written IlDtice•. If a party refuses to sul:mit a canpliance plan, the Departrrent 

may take action appxopriate to assure the attaiment of the federal arrbient air 

quality st:andal:d violated. Nothing in this paragraph shall relieve the Department of iJ:s ~ibility to ProFOse a rule to control or reduce emissions fran 

any other: J::EgWated source in the Billings "N::W\ that is or may be contributing 

to the vialatiaIs; 

1.3. 'nlat EXxon, Conoco, cenex, Great Nestern, HPC, and l1:lntana Sulphur agree: to provide emission data to the Departrrent and to participate in a 

program to J!XJnlitnr antlient air concentrations and transport of sulfur dioxide 

FOllutants in tfJe Billi.ngs Af;I!fA. 'lhe O::llt1?anies listed in this paragraph further 

agree to pz:ovide the funding necessary to establish and operate a maxirmJm of 

seven rronitoriDg staticns in the Billings NJ!'A at total capital and operating 

cost not to eEeed one hundred seventy tOOusand dollars ($170,000) with credit 

allowed fur eqripnent contributed by the Canpanies if the equiFfiE!llt rreets EPA 

specifications. Exxal, Conoco, Cenex, MPC, !1:lntana Sulphur, and Great t'1estern 

agree to pay t±Je total capital and operating CXJst not to exceed $170,000 based 

upon the fbllctii±IJg proportions: Exxon -- up to $45,000; Conoco - up to $45,000; 

MPC - up to S'5,000; Cenex - up to $20,000; funtana Sulphur -- up to $7,500; 

and Great west:un - up to $7,500. Each station shall be located, equipped, 

operated, and aaintained as agreed uJ:X)n by the Departrrent, Exxon, Conoco, Cenex, 

funtana Sulpl'mr. MI?C, an;! Great \'estern. 'lhe Departrrent will provide the necessaIy ri~for l.ocating each station, quality control, data processing, 

and will assuIiIe all liability of whatever nature arising fran the operation and 

maintenance of the statials. 'lhe Departrrent shall contract with a third party 

consultant agJteeable to the Carpanies for the operation and maintenance of the 

stations. 'IlJe Department shall sul:mit to the eatpanies a list of at least three 

consultants and the Conpmi.es shall select a third party CXJnsultant fran the 

list. Each 0Jmpany listed in this paragraph shall be entitled to CCI1lp1ete 

access to the test results. All emission and arrbient data shall J:e reFOrted to 

the Department QD a roonthly basis. Each party reserves its right to challenge 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 132
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any test result. After a rnaxinmm ShakedCMl1 pericd of three rronths fran the date 

the equiprent is received, the IlOnitoring stations shall be operated for a least 

~ve (12) nontbs or as agreed upon by the parties; 

14. 'n:Iat cenex agrees to install the follo.ving facilities which will 

have the effect of reducing sulfur emissions fn:m its Laurel refinery according 

to the t.:ilretable set forth below: 

o:mtract or Initial 0Ep1etion 

Purchase COnstruction 

Project Date Date Date 

FCC Heat Exchanger 12-1-77 12-1-77 12-31-78 

Asphalt loading Heater 12-1-77 12-1-77 8-31-78 

Continuous Analyzers 

Insulation 0 Asphalt Tanks 

12-1-77 

12-1-77 

5-1-78 

12-1-77 

12-31-78 

12-31-78 

FCC Gas O:lnpressor 

Electrification 12-1-77 5-1-78 12-31-80 

Crude Main Preheat System 

and Stack 2-1-78 7-1-78 12-31-79 

Spare Sulfur Re:;ctor System 

and Stack 12-1-77 12-1-77 12-31-79 

'n1e Depart::I!Ent agrees that the installation by cenex of the spare sulfur reactor 

system as set fbrth above shall be conditioned upon a detennination by the EPA, 

based upon final regulations for Federal Standards of Perlonnance for NaY Stati.onary Sources, Petro1.el:m Refineries, which are not yet pramlgated, that said 

spare lmit is IIOt a new source. In the event said unit is detennined to be a 

new source, CeDex shall not be obligated to install the unit. 

cecex agrees as part of its spare sulfur plant reaction system and 

stack nxxjifj cation referred to above to llOdify the present sulfur plant stack 

fran its ex:i.st:ing height of apprax:imately 100 feet to a new height of 199 feet, 

said II01jfjed stack to service both the existing sulfur plant and the new sulfur 

plant. Cecex fortber agrees as part of its crude main heater preheat system and 

stack urilj fj cation to el.imi.nate the present twin 50 foot high stacks and install 

a siDgle stack of 199 feet in height in their stead. In addition, Cenex shall 

have the right., but DOt the duty, to install m:difications to or replacerrents of 

t:be following refinery stacks: 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 133
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Approxinate
 

Present Height r-bdified Height
 

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Boiler N:l. 3 100' 199'
 

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Boiler N:l. 4 100' 199'
 

Boiler N:l. 5 100' 199'
 

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 Crude Preheat Heater 90' 199' 

CO Boiler 125' 199' 

FCC Preheat Heater 100' 199' 

6 Cenex agrees to make a final decision on whether to install any or all of the
 

7
 stack height increases described in this paragraph on or before January I, 1980. 

8 Cenex agrees to subnit an application for a ?t:>nt.an8. Clean Air Act
 

9
 pemti.t for any prop:>sei stack height increase specified herein and the Departtrent agrees to review such peDnit applications based only on a detennination of 

11 whether the stack height increase constitutes good engineering design as defined 

12 by Sections 121 and 123 of the Federal Clean Air Act Arrendrnents of 1977, until 

13 such t:Ute as the Board adepts a stack height increase rule. Any permit applica14 tion sutmitted by cenex for a stack height increase is done for the purpose of 

settlement and is not an admission that such applications are in fact required 

16 by the law. The Depart:l:OOnt agrees that any stack height increase reviewed and 

17 approved shall be given full credit for SO:2 dispersion under the law. 

18 . '1tIe Depart:l:OOnt agrees to canplete its review and make a decision 

19· on all permit applications filed for the projects listed in this paragraph on or 

before the effective date of this Stipulation if all applications are sutmitted 

21 on or before November 22, 1977. If the Departrrent denies a pennit or :imp:lses a
 

22 condition unacceptable to Cenex, the agreerrents contained in this Stipulation
 

23 between cenex and the Depart:nent concerning the project in question are void.
 

24 Nothing in this paragraph shall be construed to rrean that cenex may not appeal
 

any of the Departrrent's decisicns concerning a permit application to the Board
 

26 or an appropriate Court forum and that Cenex may, based on the Board's or the
 

27 Court's decision, agree to CCIlply with the provisions of this Stipulation.
 

28 It is agreed that any permit granted pursuant to this paragraph shall 

29 be subject to autat'atic renewal as necessary to permit construction to proceed 

according to schedules described in this paragraph except in situations where
 

31 the pennit period has expired and the renewal application contains new condi­


32 tions or changed infonration. If permit conditions :imp:lsed on renewal are
 

rouuallt". 

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changed by the Department, the agrearents contained in this Stipulation conceming that.project are void. 

'l1le Ilapartrrent agrees that so long as C€nex rreets the schedule described in. this paragraph, or any l!n.ltually agreed extensions thereof, the 

Departrrent shall not issue to C€nex any notices of any kind or nature alleging 

violations of alle 51470 or S14040 as it pertains to sulfur oxides, to the 

extent cons:isteJt with paragraph 11 of this Stipulation, or initiate any enforcerrent action of any ki.nd against cenex for alleged violations of rule S1470 

provided that during the schedule des=ibed in this paragraph, cenex will rrake a 

good faith effort to operate its plant as efficiently as possible and to canply 

with S1470. 

Shc:u1d events occur which cause or are likely to cause delays in the 

achievement of tba acti.als called for in this paragraph, cenex shall notify the 

Departrrent and. the Director, Enforcerrent Division, u.s. Envirormental Protection 

1qency, Re:Ji,cn VIII, i.Irmadia.tely in writing of the delay or anticipated delay, 

as appropriate~ describing in detail the anticipated length of the delay, the - precise canse or causes of the delay, and the tillletable by which these neasures 

shall be .inlJ1eID!mte:i. Upon proof satisfactory to the Departrrent and the Director, EnfoLteea:tl:: Division, that the delay or anticipated delay, or sore portion 

thereof, has been or will be caused by circumstances beyond the control of 

cenex, the t.iJre for perfonnance hereunder will be extended for the period or 

periods E!l:p.lal m the delay resulting fran said circumstances. In=eased costs 

associated wittt ~larentation of the actions called for in this Stipulation 

shall not be cms.idered a cause for delay beyond the control of C€neX. In an 

acticn allegi..nr!t one or lIIOre violations of this paragraph or of ARM 16-2.14 (1)­

51470, the bualen of pl:CVing that the delay is caused by circumstances beyond 

the control of Cenex sha1l rest with cenex. C€neX shall take all reasonable 

precautions to avoid or minimize any such delay. 

15. 'ibat Exxon agrees to install a e::atpUter which will improve its 

ability to ur:nitcr and control the arrount of sulfur in fuel fired at its Blllings refinery. 'l1le. carp1ter shall be installed according to the following 

schedule: 

-. II I I: • l 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 135
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(a) Date by which the cOI1Puter 

will be ordered May 1, 1978 

(b) Date of initiation of on-site 

installation of the computer November 1, 1978 

(c) Date for canpletion of on-site 

. installation of the canputer December 1, 1978 

(d) Date by which the canputer will 

be operational December 31, 1978 

Should events oc= which cause or are likely to cause delays in the 

achieverrent of the actions called for in this paragraph, Exxon shall notify the 

Depar1:lrent and the Director, Enforcerrent Division, U. 8. Environrrental Protectio 

Agency, Region VIII, .i.nnEd.iately in writing of the delay or anticipated delay, 

as appropriate, describing in detail the anticipated length of the delay, th~

precise cause or causes of the delay, the measures taken and to be taken by 

Exxon to prevent or mi.n.imize the delay, and the t.i.rretable by which these ITEasures shall be implenented. Upon proof satisfactory to the Departrrent and the 

Director, Enforcerrent Division that the delay or anticipated delay, or sane 

portion thereof, has been or will be caused by circumstances beyond the control 

of Exxon, the schedule described above will be extended for the period or periods equal to the delay resulting fran said cireurrstances. Increased costs 

associated with implerrentation of the actions called for in this paragraph shal 

not be considered a cause for delay beyond the control of Exxon. In an action 

alleging one or more violations of this paragraph or of ARM 16-2.14 (1)-S1470, 

the burden of proving that the delay is caused by circumstances beyond the 

control of Exxon shall rest with Exxon. Exxon shall take all reasonable precautions to avoid or minimize any such delay. 

'!he Depart::rrent agrees that so long as Exxon rreets the schedule described in this paragraph, or any mutually agreed extensions thereof, the Depart 

ITEnt shall not issue to Exxon any notices of any kind or nature alleging violations of rules 81470 or 814040 as it pertains to sulfur oxides, to the extent 

consistent with paragraph 11 of this Stipulation, or initiate any enforcerrent 

action of any kind against Exxon for alleged violations of rule 51470 provided 

that during the schedule described in this paragraph, Exxon will make a good fa' 

effort to operate its plant as efficiently as possible and to corrply with rule 

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1470. 

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16. "'!hat the Depart:rcent has reviewed the permit applications for 

stack height increases sulxnitted by Exxon, !bntana Sulphur and Conoco, and the 

Depart:Irent has issued permits 1156, 1157 and 1158 tE:.caUSl:!_0e i?ropos.E:!d stack 

height incr~ C:OQStitu~.goq3,. f;mgine@B!H.design; 

17. For the purpose of evaluating the ilnpact of ProFOsed stack 

height increases on ambient air quality, Conoco, Exxon, cenex, HPC, Great Western and r-bntana Sulphur agree to apply for a r-bntana Clean Air Act permit in 

accordance with section 69-3911, Revised Codes of r-t>ntana, 1947, and rules 

adopted pursuant thereto for any ProFOsed stack height increase and the Department agrees to review pennit applications for stack height increases based only 

on a detenn:i.nation of whether the ProfOsed stack height increase constitutes 

good engineer.in; design as that tenn is defined in Section 121 and Section 123 

of the Federal Clean Air Act AlrendIrents of 1977 tmtil such time as the Board 

adopts a stack height increase rule; 

18. 'Ihat in order to resolve the disputes concerning rule 51470 as 

described in the notices of violation listed in paragraph 5 and the petitions 

- for declaratory rulings suJ:mitted by Cenex, Exxon and Conoco, and to resolve all 

other disputes concerning the applicability of rule 51470, all the parties agree 

as follows: 

(al Rule 51470 shall be interpreted and applied to rrean: 

No person shall burn solid, liquid, or gaseous fuels
 

such that the aggregate sulfur content of all fuels
 

burned within a plant during any day exceeds one FOtmd
 

of sulfur per million BTU fired.
 

It is further agreed that daily rretering deviations and statistical 

probability of rep:lrting errors require that this rule be interpreted to allow a 

daily deviation of 0.1 pound of sulfur per million BW fired. 

It is mutually understood and agreed that this interpretation allaws 

the blending of all fuels burned in a plant during a given tine period in 

detennining the aggregate sulfur content for purFQses of this rule, and it shall 

not be construed to require blending or physical mixing of fuels at any given 

furnace or heater within the plant carplex. 

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DJe.to the difficulties which ooy be inherent in any request for 

data, Exxon, Conoco, and cenex agree that in canpiling, oointaining, and reporting of -daily sulfur in fuel emission data, such data will be furnished to 

the Depart:nent an.:1 the EPA upon request on a one day per calendar IlOnth basis, 

with the parties negotiating requests for data on a IlOre frequent basis. 

(b) .It is agreed in recognition of the foregoing interpretation of 

rille S1470 that item 2 contained in the Depart:nent's letter of March 11, 1976, 

am:mding its decision of February 13, 1976, respecting Conoco' s construction 

penni.t #916 for a dual fuel system for steam plant boiler B-6, is deleted with 

all other conditions remaining the same; and Conoco agrees that its petition for 

a hearing before the Board on this permit dated February 26, 1976, is withdrawn. 

(c) Cenex, Exxon and Conoco agree to the extent consistent with 

subparagraph (a) to: 

(i)	 install and operate fuel flow rate instruments and recorders 

to determine the total fuel fired daily in the refinery; 

(ii)	 provide analyses of the sulfur content and heating value of 

all fuels burned daily using recognized methods; and 

(iii)	 rraintain fuel flow rate, heating value and sulfur content 

data for the period during which the ITOnitoring program 

described in paragraph 13 is in effect and su1::rn.it such data 

to the Depar1:Irent upon request. 

(d) The Depart:nent will withdraw and dismiss with prejuclice all of 

the orders to take corrective action and notices of violation issued against 

Cenex and Exxon listed in paragraph 5 of this Stipulation; 

(e) cenex, Exxon and Conoco will withdraw their respective petitions
 

for declarato:ry rillings as described in paragraph 8 of this Stipulation;
 

19.	 '!bat in order to resolve the disputes concerning rilles S1430 and 

S1450	 as described in the notices of violation listed in paragraph 5, and the 

petitions for declarato:ry rulings su1::rn.itted by cenex, Exxon and Conoco, the 

parties agree as follows: 

(a) Rule S1430 shall mean in the case of fluid catalytic cracking 

units in a petroleum refinery, that no person shall emit particulate ootter in 

excess of that allowed by the following equations: 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 138
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- E = 4 .10pO. 67 for P less than or equal to 30 tons r;er hOl.IT and 

E = 55.0pO.ll -40 for P greater than 30 tons r;er hour where E is 

the allowable particulate emission in pounds r;er hour and P is 

the catalyst circulation rate in tons r;er hour. 

I 

In a petroleum refinery when an industrial process or processes and a I 

fuel burning: tmit or units are connected to a single stack, the allowable emissions of particulate matter for said stack shall be determined by adding together the al1mlab1e emissions of particulate Il'atter for the industrial process 0t 

processes as determined herein and the al~owable emissions of particulate Il'attet 

for the fuel burning unit or units as determined by rule 16-2.14(1)-51450; 

(b) lis applied to Claus sulfur plants, it is agreed that "process 

weight" as utilized in Rule 51410, 51430, and 51450 shall be interpreted to 

the weight of the following where applicable: 

{i} sour material streams processed through amine units, strippers or other separating equi£.XreI1t where the acid gas waste 

streams fran such equi£.XreI1t are discharged to a Claus Sulfur 

Unit for treatrrent; and 

(il) waste acid, acid sludge or other sulfurous Il'aterials fed 

into a Claus Sulfur unit for treatrrent or destruction and 

not accounted for in (i) above; and 

(ill} any chemicals and reagents added and consurred in the Claus 

reactions and specifically including process air utilized in 

the Claus reaction for the ccnversion of the acid gases, 

waste acid, acid sludges or other sulfurous Il'aterials into 

less noxious Il'aterials. 

Excluded fran "process weight" shall be auxiliary gaseous heating fuels, air 

used to c:x::xnhi1st such auxiliary fuels, excess air added to any tail-gas oxidizer 

non-contact cooling air or water, recirculating naterial streams (such as amine, 

solutions, catalysts, or heat transfer rredia). This interpretation applies 

notwithstanding the actual physical location or ownership of the equifXlEI1t 

feeding acid gas streams or other sulfurous wastes to the Claus unit. 1 

In applying this interpretation to M:mtana Sulphur, Conoco and Exxon r 

gree to c:oop&ate with the Departrrent in providing the infomation necessary to detennine carpliance or non-carpliance, including ll'aterial flowrates described in (i) 

above. F'urtherrrore, for the p..!IpOses of interpretation, ll'aterial charged to M::l tana Sulplu:ir's hydrogen sulfide liquefaction plant shall be deerred to have been harged to the Claus plant directly in canputing allowable particulate emissions fr m 

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tlOllIl(I'1 

the Claus plant. 

(c) Rule S1450 shall mean as applied to a petroleum refinery when an 

industrial process or processes and a fuel burning unit or tmits are COIIDected 

to a single stack, that the allowable emi$sions of particulate matter for said 

stack shall be deteIInined by adding together the allowable anissions of particulate matter for the industrial process or processes as detennined by Rule 16­

2.14 (1) -S1430 and the allowable emissions of particulate matter for the fuel 

buming unit or units as detennined herein; 

(d) The Depart:Irent believes that canpliance with rules S1430 and 

S1450 should be determined by applying the testing methods and calculations 

contained in EPA metrod 5 as defined in Appendix A of Title 40, Part 60, Code of 

Federal Regulations, but rrodified to include the "back half" catch. Exxon, 

Cenex, COnoco, MJntana SUlphur, MJntana Power and Great v1estern SUgar believe 

that only "dry catch" particulate matter should be rreasured and that inpinger 

collected material sOOuld be discarded fran rreasurement. In order to avoid 

costly and prolonged litigation over this disagreement and to give the Eoard an 

opportunity to resolve it, the Depa.rt:I!ent agrees not to serve or file any notice 

of violation, issue any order to take corrective action, or take any other 

enforcement action against the iOO.ustrial parties listed in this paragraph based 

on alleged violations of rules S1430 and S1450 using the "back half" catch 

nethod until the Board has addressed the question respecting testing in an 

appropriate rule making or declaratory ruling hearing. It is also agreed that 

any interpretation or anendrnent of rules S1430 and 51450 concerning the use of 

the "back half" catch Il'ethod will not be retroactively applied. 

(e) The Department will witlXlraw and dismiss with prejudice all of 

the orders to take corrective action and notices of violation issued against 

Cenex and Exxon listed in paragraph 5 of this Stipulation; 

(f) Cenex, Exxon and O:moco will withdraw their respective petitions 

for declaratory rulings as described in paragraph 8 of this Stipulation; 

20. 'nlat Exxon, Conoco, cenex, MJntana Sulphur, MPC and Great western 

hereby expressly, jointly and severally reserve any and all right to challenge 

the EPA's deteJ:mination that the existing MJntana SIP is inadequate; the basis 

-13­

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 140
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for	 that determination; and all proceedings and actions by the EPA and the 

Depart:nent resulting in, flowing out of, or related to that determination, 

specifically, but not limited to, injunctive rights; 

21. That all parties hereby expressly waive and forfeit any defense 

of estoppel, laches, acquiescence, or waiver in the event any such challenge is 

initiated as described in paragraph 20; 

22. That the Depart:nent agrees that it will not serve or file any 

notice of violation, issue any order to take corrective action, or take any 

other enforcarent action based upon any alleged violation of applicable r-bntana 

Clean Air llct rules listed in paragraph 5 of this Stipulation by Exxon, COnoco, 

Cenex, MPC, tbntana SUlphur, and Great \"1estern which have occurred or may occur 

during the period beginning February 6, 1975, and ending the date this Stipulation becanes effective; 

23. That the parties agree that the agreerrents contained in this 

Stipulation constitute an interim settlenent of the disputes described herein 

and that in any future rule-Il"ak.ing proceedings before the Board the parties are 

not bound by the agrearents contained in this Stipulation. - 24. That~~el~~pp~;;:C;iby all parties to this stipulation 

and the@)ha1l be prepared to inform the public of the m:mitoring program 

described in paragraph 13. 

25.	 '!hat this stipulation shall not be effective and no party shall 

be bound by any of its tenns or provisions until: 

(al	 it has been approved by the Board of Health and Environrrental
 

Sciences; and,
 

(bl	 the EPA has given notice in writing that this stipulation neets
 

its requirenents published in the Federal Fegister, Volurre 41,
 

No. 132, July 8, 1976, for revisions in the !bntana SIP which
 

will attain and maintain national ambient air quality standards
 

for sulfur dioxide in the Billings N::t"lA; and
 

(cl	 the EPA withdraws and dismisses with prejtrlice the following
 

Notices of Violation it has issued against Exxon and Cenex:
 

(il	 Docket No. A-76-26, l'btice of Violation to Exxon dated 

October 1, 1976, alleging a violation of 51470, Sulfur Oxide 

Emissions. 

(iil	 Docket No. A-76-l5, Notice of Violation to Cenex dated 

May 21, 1976, alleging violations of 51430 and 51470. 

-14­

..
 52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 141
.. ­

26. If any party hereto fails to canply with any provision hereof 

2 pertaining to such party, such failure shall not affect the enforceability of 

3 this agrearent by any other party hereto. 

4 

5 

6 

DEPARnlENl' OF HEALTH AND ENVIR:N1ENTAL SCIENCES 

Cogswell Building 

Capital COnplex 

Helena, MJrltana 59601 

Date of Signature 

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8 11 '1 ' _.~_.,; _ 

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• I L. I." 

FARMERS UNIeN CENTRAL EX~, INC. 

(CENEX)
 

By 'Il1eir Attorneys
 

DAVIl:>SCN, VEEDER, BAUGH & BOOEDER, P.C.
 

805 Midland Bank Building
 

Billings, Montana 59101
 

19 I\_~-'--""::"""'----'-....L- II, z- t - 7 7 _ 

EXXCN CCM'ANY, U.S.A., BILLIN3S REFINERY 

A division of Exxon Corporation, 

By 'Il1eir Attorneys 

crovLEY, HAUGHEY, HANSeN, TaJLE & DIETRICH 

500 Electric Building 

Billings, MJrltana 59101
 

~SULPHUR & CHEMICAL co. 

, 

/!j;~~ <I ,1 

CCNrINENTAL OIL CCl-lPANY
 

By '!heir Attorneys
 

C!O'rr.EY, HAUGHEY', HANSeN, TaJLE & DIE"l'RICH
 

500 Electric Building
 

Billings, Montana 59101
 

-15­

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 142
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"lLllll 

I I Manager of COnceo 

/-z,--1 - 77 

APPROVED: 

ChaiJ:m:m, Board of Health and Environmental Sciences 

ATI'ES'I': - 'Ibis Stipulation was approved by resolution of the Board of Health and 

Environmental Sciences at their meeting held on at 

secretary, Board of Health and Environmental SCiences 

.,. -16­

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 143
[PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION] 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 144
State 

State Agency 

Affected Area 

Regulation 

Rule Number 

Rule Title 

State Effective Date 

Montana 

Department of Environmental Quality 

Yellowstone County 

Sulfur Dioxide - Board Orders, Stipulations, Exhibits and 

Attachments 

1978 January 25 - Board Order 

In the matter of the Proposed Revision of the Montana 

State Implementation Plan for the Billings Air Quality 

Maintenenace Area 

01/25/1978 

State Adoption Date 01/25/1978 

EPA Effective Date 

Notice of Final Rule Date 

Notice of Final Rule 

Citation 

Comments 


 Rule: 012519780rder.pdf 

09/06/1979 

09/06/1979 

44 FR 51977 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 145
BEFORE THE BOARD OF HEALTH AND ENVIRONMENTAL SCIENCES . 

OF TilE STATE OF MONTANA 

In the matter of the Proposed 

Revision of the Montana state FINDINGS OF FACT, 

Implementation Plan for the CONCLUSIONS 01.-' LAW 

Billings Air Quality Maintenance AND ORDER 

Area 

After notice and hearing as required by 40 C.F.R. 51.4 and 51.5(h), 

the Montana Administrative Procedure Act and the model procedural rules 

adopted t.O implement the Act, the Board of Health and Envir'onmental 

Sciences considered the Stipulation entered into between the Department 

of Health and Environmental Sciences (hereinafter Department); the Exxon 

Company, U.S.A., a division of Exxon Corporation, Billings Refinery 

(hereinafter Exxon); the Continental Oil Company, Billings Refinery 

(hereinafter Conoco); the Farmers Union Central Exchange, Inc., Laurel 

Refinery (hereinafter (Cenex); the !-lontana Power Company, Billings, 

Montana (hereinafter MPC); the Great Western Sugar Company, Billings, 

Montana (hereinafter Great Western); and the Montana Sulphur and Chemical Company, Billings, Montana (hereinafter Montana Sulphur), and 

makes the following disposition of this matter: 

FINDINGS OF FACT 

1. The Environmental Protection Agency (hereinafter EPA) has, 

pursuant to notice published in the Federal Register, Volume 41, Number 132, July 8, 1976, notified the State of Montana that the Montana 

Clean Air Act State Implementation Plan (SIP) is inadequate to provide 

for the attainment and maintenance of national ambient air quality 

standards for sulfur dioxide in the Billings Air Quality Maintenance 

Area (AQMA). 

2. Beginning in October of 1976, the Department and the six 

Billings Air Quality Maintenance Area industries who signed the 

Stipulation have been discussing in good faith all allegations concerning alleged viOlations of sulfur dioxide ambient air quality 

standards and applicable emission regulations. 

3. Cenex and the Department have agreed to a compliance plan 

which will assure the attainment and maintenance of national ambient 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 146
air quality standards for sulfur dioxide and the Montana ambient air 

quality rule for sulfur dioxide. 

4. Exxon has agreed to a compliance plan which will improve its 

ability to monitor and control the amount of sulfur-in-fuel fired at 

its Billings refinery therefore improving the ambient air quality in 

the metro~olitan Billings portion of the Billings AQMA. 

5. Additional cllnbicmt air sulfur dioxide monitoring is n(~eded

in the Billings AQMA, especially in the ;netropolitan portion of the 

Billings AQMA, in order to validate a model and r('iJ.ch a final determination as to actual air quality. 

6. The monitoring program agreed to in the Stipulation will 

provide the Department with the data necessary to validate a model 

and reach a final determination as to actual air quality in the 

metropolitan portion of the Billings AQ~~.

CONCLUSIONS OF LAW 

The Stipulation entered into between the Department, Cenex, Exxon, 

Conoco, Great Western, MPC and Montana Sulphur is consistent with the 

provisions of the Clean Air Act of Montana, Title 69, Chapter 39, 

R.C.M. 1947, and constitutes a satisfactory resolution of all disputes 

arising between the parties. 

ORDER
 

Based on the foregoing, it is hereby ordere~ that:
 

1. The stipulation entered into between the Department, Cenex, 

Exxon, Conoco, Great "lestern, 1'1PC and Montana Sulphur be submitted 

to the Environmental Protection Agency as a proposed revision of the 

Montana State Implementation Plan pursuant to the notice issued by 

EPA in the Federal Register, Volume 41, Number 132, July 8, 1976; 

2. The stipulation is adopted as an Order of the Board pursuant 

to the authority conferred upon the Board by the Hontana Clean Air 

Act; and 

3. The petitions for declaratory ruling concerning the interpretation and applicability of ARM l6-2.l4(1)-S1430, S1450, 51470 

-2­

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 147
and 814050 submitted by Cenex, Exxon and Conoco are hereby 

dismissed. ,ott

DATED this /.,':) day of January, 1978. --7-·=~---·-

A I \ loH-ta __~~I)~.1lr _ JOHN,W. BARTLETT, Chairman 

Boar~ of Health and Environmental Sciences 

-3­

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 148
52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 149

State Montana 

State Agency Department of Environmental Quality 

Affected Area Yellowstone County 

Regulation Sulfur Dioxide - Board Orders, Stipulations, Exhibits and Attachments 

Rule Number Montana Power June 12. 1998 Exhibit A 

Rule Title Emission Limitations and Other Conditions 

State Effective Date 06/12/1998 

State Adoption Date 06/12/1998 

EPA Effective Date 06/03/2002 

Notice of Final Rule Date 05/02/2002 

Notice of Final Rule Citation 67 FR 22168 

Comments 

Rule: 

9; 

~ 

MT Yellowstone Countv-M;>ntana Power June 12. 1998 Ext:•b:t i\.od1 
ect: Yellowstone County 

llution 

-
 Volume IV 

Chapter 56 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTA AN Control Pro 

56.9.4.4	 EXHIBIT A - EMISSION LIMITAnONS AND CONDITIONS - MONTANA 

POWER COMPANY, J.E. CORETTE & F. BIRD PLANT, BILLINGS, 

MONTANA 

-

Replace Pages: 

Page: 1 of 19 

Page 56.9.4.4 (1) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 150
STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTAnON PLAN 

Subject: Yellowstone County 

EXHIBIT A 

EMISSION LIMITATIONS AND CONDITIONS
 

Montana PoWer Company, J.E. Corette Plant & F. Bird Plant
 

Billings, Montana
 

SECTION 1. AFFECTED FACILITIES 

(A)	 Plant Location: 

The J.E. Corette and F. Bird Plants are located Y, mile east of Billings adjacent to the Yellowstone River. 

The plants are located in Yellowstone County, Township 1 South, Range 26 East, center of Section 2. 

(B)	 Affected Equipment and Facilities: 

(I)	 Main boiler - J.E. Corette Plant 

(2)	 F. Bird Plant 

SECTION 2 DEFINITIONS 

(A)	 The following definitions apply throughout this Stipulation and Exhibit A. 

(I)	 "Annual Emissions" means the amount of S02 emitted in a calendar year, expressed in pounds per 

year rounded to the nearest pound. 

Where:
 

[Annual Emissions] = 1: [Daily Emissions]
 

(2)	 "Attachment #1" means "Additional Performance Specifications For Stack Flow Rate Monitors" 

attached to this Exhibit and incorporated herein by reference. 

(3)	 "Buoyancy Flux" (Hourly Buoyancy Flux) means a stack plume rise parameter, to be determined 

on an hourly basis, and defined by the following equation: 

F = 2.45 VD2 (Ts • T)
 

Ts
 

Replace Pages: 

Page: 2 of 19 

Page 56.9.4.4 (2) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 151
STATE OF MONTANA Sub' owstone County 

AIR QUALITY CONTROL 'f Pollution 

IMPLEMENTATION PL ControII'I't$;arrl 

Where:
 

F = Hourly Buoyancy Flux in m~/sec3;
 

V = Hourly Average stack gas exit velocity in meters per second at actual conditions obtained
 

from either the primary (CEMS) or backup temperature and flowrate monitoring system; 

D = inside stack-top diameter in meters (3.51 meters); 

Ts = Hourly Average stack gas temperature in degrees Kelvin obtained from either the 

primary (CEMS) or backup temperature and flowrate monitoring system; and 

T = ambient air temperature in degrees Kelvin. 

The ambient air temperature used in all Buoyancy Flux calculations required by this control plan 

shall be 8.0 D C (281.2°K), the Billings annual average ambient temperature. 

MPC shall maintain an Hourly Buoyancy Flux of: 

F"uN = 144.6 m~/sec) =5: F s 448.57 m~/sec) = FMAX 

During plant startup, shutdown, or during any malfunction as defined in ARM 17.8.106, MPC may 

operate with a Buoyancy Flux less than the minimum of 144.6 m~/sec) provided the requirements 

of ARM 17.8.106 are met and the actual Buoyancy Flux is used to determine the appropriate 

emission limitation. 

The stack parameters associated with the minimum and maximum Fare: 

TMIN = 339.67 OK & VMIN = 27.74 meters/second 

TMAX = 449.67 DK & VMAX = 39.62 meters/second. 

Whenever the CErvlS-derived stack parameters "V" andlor "Ts" are unavailable to determine a 

Buoyancy Flux "F", a substituted Hourly Buoyancy Flux shall be used. The substituted Hourly 

Buoyancy Flux shall be determined from data derived from the backup temperature and flowrate 

monitoring system required by Section 6(B)(3) which: 

(a)	 by itself meets the specifications, operating requirements, and quality assurance and 

control requirements of Section 6 and Section 2(A)(8) and is designed to achieve a 

temporal sampling resolution of at least one temperature and flowrate measurement per 

minute; or 

(b)	 in combination with the primary CEMS meets the specifications, operating requirements, 

and quality assurance and control requirements of Section 6 and Section 2(A)(6 and 8). 

Replace Pages: 

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Page 56.9.4.4 (3) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 152
V'olume IV 

Chap,fite;rr~--__ 

s one County 

LIi~~JIlltion 

Control Progr>lll'-­

The backup temperature and flowrate monitoring system equipment is only required to operate 

when the primary temperature and flowrate monitoring system equipment (those components of 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION P 

the CEMS required by Section 6(B)(2» has failed and is determined to be unable to obtain and 

record Hourly Average temperature and flow rate data. 

In the absence ofsuch data a substitute Hourly Buoyancy Flux "F" shall be the average "F" 

determined for a period immediately prior to the loss of the stack parameters "V" and/or "Ts" that 

is equal in length to the time period over which stack parameters "V" and/or "Ts" are unavailable. 

That time period, called the "Iook-back" period, is measured in increments of Calendar Days. 

Specifically, the substituted Hourly Buoyancy Flux "F" shall be the hourly average Buoyancy Flux 

"F" determined for the applicable "look-back" period. The applicable "look-back" period is a 

period, measured in Calendar Day increments, which is equal to the number of consecutive 

Calendar Days during which one or more hours of the stack parameters "V" and/or"Ts" are 

unavailable. The applicable "look-back" period begins with the Calendar Day immediately 

preceding the Calendar Day in which the stack parameters "V"and/or "Ts" first became unavailable 

and continues backward in time for the number of Calendar Days equal to the number of Calendar 

Days during which one or more hours of the stack parameters "V"and/or "Ts" are unavailable. 

For example, ifstack parameters "V"and/or "Ts" are.unavailable for a period beginning at 10:59 

p.m. on January 3rd and ending at 1:0 I a.m. January 5th, the applicable look-back periods would .­

be: 

for the 24th hour of Calendar Day January 3rd, the look-back period would be one
 

Calendar Day - in this case January 2nd;
 

for each hour of Calendar Day January 4th, the look-back period would be two Calendar 

Days - in this case January 1st and January 2nd; 

for the 1st hour of Calendar Day, January 5th. the look-back period would be three
 

Calendar Days - in this case December 31 st, January 1st and January 2nd.
 

Substituted values for Buoyancy Flux may not be used to satisfy MPC's Quarterly Data Recovery 

Rate unless the data is derived from the backup temperature and flowrate monitoring system 

required by Section 6(8)(3) or by backup equipment that by itself or in combination with the 

primary CEMS meets the specifications, operating requirements, and quality assurance and control 

requirements of Section 6 and Section 2(A)(6 and 8). 

The Buoyancy Flux for any three hour period, "FJ ", shall be determined by 

Page: 4 of 19 

D 

averaging the Hourly Buoyancy Fluxes for the three hour period. 

Replace Pages: 

Page 56.9.4.4 (4) 

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52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 153
umelY. 

Chapter 56 

STATE OF MONTANA	 :::l=::sa~CLYellowstone County 

AIr 'on 

Control Progra 

F) = Ii Hourly Buoyancy Fluxes CFl for the Three Hour Period 

AIR QUALITY CONTROL 

IMPLEMENTATIO~'Lf\.l~

3 

When an Hourly Buoyancy Flux value is unavailable due to failure of both the primary (CEMS) 

and backup temper-ature and flowrate monitoring systems, MPC shall use the substitution 

procedure for "F" defined above. 

(4)	 ."Calendar Day" means a 24-houT period starting at 12:00 midnight and ending at 12:00 midnight, 

24 hours later. 

(5)	 "Clock Hour" means one twenty-fourth (1/24) of a Calendar Day and refers to any of the standard 

60-minute periods in a day which are generally identified and separated on a clock by the whole 

numbers one through twelve. 

(6)	 "Continuous Emission Monitoring System (CEMS)" means all equipment necessary to obtain an 

Hourly S02 Emission Rate, provided each S02 concentration and stack gas volumetric flow rate 

monitor is designed to achieve a temporal sampling resolution of at least one concentration or flow 

rate measurement per minute. Such equipment includes a continuous emission monitor (CEM) 

which determines sulfur dioxide concentrations in a stack gas, a continuous stack gas volumetric 

flow rate monitor which determines stack gas flow rates, and associated data acquisition 

equipment. 

(7)	 "Daily Emissions" means the amount of S02 emitted in a Calendar Day, expressed in pounds per 

day and rounded to the nearest pound. 

Where: 

[Daily Emissions] = I: [Three Hour Emissions] 

Each Calendar Day is comprised of eight non-overlapping 3-hour periods. The Three Hour 

Emissions from all 3-hour periods in a Calendar Day shall be used to determine that day's 

emissions. 

(8)	 "Hourly Average" means an arithmetic average of all Valid and complete IS-minute data blocks in 

a Clock Hour. Four (4) Valid and complete IS-minute data blocks are required to determine an 

Hourly Average for each monitor and source per Clock Hour. 

Exclusive of the above definition, an Hourly Average may be determined with two (2) Valid and 

complete IS-minute data blocks. for two of the 24 hours in any Calendar Day. 

Replace Pages: 

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Page 56.9.4.4 (5) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 154
---

. olume IV -


Chapter 

temperature monitor, and stack gas flow rate monitor shall have a minimum of one (1) data point 

value; however, each monitor shall be operated such that all Valid data points acquired in any 15­

minute block shaH be used to determine that IS-minute block's reponed concentration and flow 

rate. :: 

(9) "Hourly S02 Emission Rate" means the pounds per Clock Hour of SOl emissions from a stack 

determined using Hourly Averages and rounded to the nearest one tenth of a pound. 

For stack systems, S02 concentrations shall be measured in pans per million (PPM) on either a wet 

or dry basis. 

(a)	 If the SOl concentration is measured on a wet basis, MPC shall calculate the Hourly SOl 

Emission Rate using the following equation: 

Where: 

Hourly 501 Emission Rate in pounds per hour and rounded to the nearest tenth 

ofa 

1.663 

pound; 

X 10"in (poundsfSCF)fPPM; - Hourly Average S02 concentration in PPM; and 

stack gas Hourly Average volumetric flow rate, measured on an actual wet 

basis, convened to Standard Conditions, and reponed in standard cubic feet per 

hour (SCFH). 

(b)	 If the S02 concentration is measured on a dry basis, MPC shall either install, operate, and 

maintain a continuous moisture monitor for measuring and recording the moisture 

content of the stack gases or determine the moisture content of the stack gases 

continuously (or on an hourly basis) and correct the measured hourly volumetric stack 

gas flow rates for moisture. MPC shall calculate the Hourly S02 Emission Rate using the 

following equation: 

EH = K * CH * QH *(100 • %H1Q) 

100 

Where: 

Hourly S02 Emission Rate in pounds per hour and rounded to the nearest 

tenth of a pound; 

Yellowstone County 

R'H-..I::-ollution 

Control r 

A complete IS-minute data block for each sulfur dioxide continuous emission monitor, stack gas 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATIOl'1..-1'=11.1'1 

Dat 

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- 52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 155
STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTAnON P 

olume IV 

Chapter 56 

1.663 X 10.7 in (poundslSCF)IPPM;
 

Hourly Average S02 concentration in PPM (dry basis);
 

stack gas Hourly Average volumetric flow rate, measured on an actual wet
 

basis, converted to Standard Conditions, and reported in standard cubic
 

feet per hour (SCFH); and
 

Hourly Average stack gas moisture content, in percent by volume.
 

(10)	 "Operating" means whenever an affected facility is starting up, shutting down, using fuel, or 

processing materials and SOl emissions are expected from the source or stack. 

(II)	 "Quarterly Data Recovery Rate" means the percentage of hours in a calendar quarter when CEMS 

derived Hourly SOl Emission Rate data are available for a stack in comparison to the number of 

corresponding Operating hours for that stack. 

The Quarterly Data Recovery Rate (QDRR) for a stack shall be calculated in accordance with the 

following equation: 

QDRR = YH X 100%
 

OH
 

Where: 

YH= number of hours of Hourly SOl Emission Rate data that are also stack Operating 

hours in a calendar quarter; 

OH= total number of stack Operating hours in a calendar quarter; and 

QDRR= Quarterly Data Recovery Rate. 

(12)	 "Standard Conditions" means 20.0°C (293.2°K) at I atmosphere (760.0mm Hg) or 68.0°F 

(527.7°R) at I atmosphere (29.92" Hg). 

(13)	 "Three Hour Emissions" means the amount of SOl emitted in each of the eight non-overlapping 

three hour periods in a Calendar Day, expressed in pounds and rounded to the nearest pound. 

Where: 

[Three Hour Emissions] = 1: [Hourly SOl Emission Rates] 

Whenever Hourly SOl Emission Rates are unavailable and the facility is not Operating, zero 

pounds per hour shall be substituted for the missing Hourly SOl Emission Rates. 

Replace Pages: 

Page: 7 of 19 

Page 56.9.4.4 (7) 

52.1370(e), EPA-approved nonregulatory provisions Part 2 of 2, 156
Volume IV 

which meets the applicable specifications, operating requirements and quality assurance and 

control requirements of Section 6. 

SECTION 3. EMISSION LIMITATIONS AND FACILITy MODIFICATIONS 

(A) Emission Limitations 

(I) Affected Sources: 

(a) Main Boiler Stack; 

(i) the Three Hour Emission Limitation (EL) for 502 from the main boiler stack is 

dependent upon, and varies in accordance with, the Three Hour Average 

Buoyancy Flux (F) of the exhaust gas that is emitted from the main boiler 

stack (J.E. Corette). 

(ii) Three Hour Emissions of 502 in pounds of 502 per three hours from the main 

boiler shall not exceed the value of the Three Hour Emission Limitation, EL, as 

determined by the following equations: - For F) < 250.3; 

For FJ 2 250.3; 

EL = (4.882 • F) 

EL = (8.763 • F) 

+ 1202.4 

+ 230.9 

Where: 

F) = 

EL = 

Three Hour Average Buoyancy Flux in m'/secJ 

; and 

Three Hour Emission Limitation for SOz in pounds of 502 per three 

hours. 

(iii) Daily Emissions of 502 from the main boiler stack shall not exceed the sum of 

all of the Three Hour Emission Limitations, ~EL' for the eight non-overlapping 

three hour periods in a Calendar Day. 

(iv) Annual Emissions ofSOz from the main boiler stack shall not exceed 

9,999,000 pounds per calendar year. 

\ 

(v) Except as provided in Section 2(A)(3), Buoyancy Flux shall not be less than 

144.6 m4

/sec). Buoyancy Flux shall not exceed 448.57 m'/sec) at any time. 

STATE OF MONTANA owstone County 

Air Pollution 

~""U"'-""..!-rogram 

. . {I 4) "Valid" means data that is obtained from a monitor or meter serving as a component ofthe CEMS 

AIR QUALITY CONTROL 

IMPLEMENTATION-P~N

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(b) Other Minor Sources; 

STATE OF MONTANA 

Air Pollution 

s one County
 

AIR QUALITY CONTROL
 

IMPLEMENTATION Con.tnTHllI:Qp'
 

. (i) MPC shall utilize appropriate maintenance, repair, and operating practices to 

control emissions ofsulfur bearing gases from minor sources such as ducts, . 

·7 stacks, valves, vents, vessels, and flanges which are not otherwise subject to 

this Stipulation and Exhibit A. 

(B)	 Facility Modifications 

(I)	 By January I, 1997, fuel oil burning capability shall be removed from the F. Bird Plant as follows: 

(a)	 MPC shall remove the oil line that connects the fuel oil storage tank to the unloading 

station; and 

(b)	 MPC shall fill the fuel oil delivery pipe that connects the loading station to the F. Bird 

Plant with concrete. 

SECTION 4. COMPLIANCE DETERMINATIONS 

(A)	 Compliance with the emission limitations contained in Section 3(A)( I)(a) for the main boiler stack shall be 

determined by using data from the CEMS required by Section 6 (B)(I) and (2), and in accordance with the 

appropriate equation(s) in Section 2(A)( I), (3), (7), (9), and (13), except when CEMS data is not available as 

provided in Sections 2 (A)(3) and (13). Although the CEMS data is the method of demonstrating 

compliance on a continuous basis, the data from the testing required by Sections 5(A) or 6(C) and (D) shall 

also be used to demonstrate compliance. 

(B)	 In a letter dated October 7, 1994, MPC certified that the modifications required by Section 3(B) were 

complete. Compliance with the facility modification requirements contained in Section 3(B) shall be 

verified by the Department during the next annual inspection and whenever necessary, thereafter. 

(C)	 Compliance with the Quarterly Data Recovery Rate requirements. 

(I)	 Compliance with the Quarterly Data Recovery Rate requirements contained in Section 6(A)(2) 

shall be determined in accordance with Section 2 (A)( II), with no exceptions for out-ofspecification data or monitor downtime, except as provided in Section 6(A)(2). 

(2)	 For quarters in which Operating hours are reduced (short quarters), a deteimination of whether 

MPC has violated the Quarterly Data Recovery Rate (QDRR) requirements in Section 6(A)(2)(b) 

\ -=s:.:h=al~li.nclude consideration of whether the reduced Operating hours made compliance with Section 

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- Volume 

Chapter 56 

STATE OF MONTANA Yellowstone County
 

AIR QUALITY CONTR Air Pollution
 

IMPLEMENT PLAN CtJ$Q1lProgram
 

SECTION 5. 

(A) 

(8) 

SECTION 6. 

(A) 

6(A)(2)(b) unreasonable. 

(3)	 Upon determination that the CEMS is not functioning properly, MPC shall implement short term 

corrective measures, and if necessary, long term corrective measures to accomplish, as 

expeditiously as practicable, either: 

(a)	 correction of the failure; or 

(b)	 development, installation (if necessary), testing, maintenance, and operation of a new 

CEMS or appropriate replacement portions of the affected CEMS. 

EMISSION TESTING 

In order to accurately determine the sulfur dioxide emission rate in pounds per hour for the main boiler stack, 

MPC shall perform annual source testing using EPA approved methods (40 CFR Part 60, Appendix A, 

Methods 1-4 and 6/6C as appropriate for this Stipulation and Exhibit A) or an equivalent method approved 

by the Department and EPA, and in accordance with the Montana Source Testing Protocol (ARM 17.8.106). 

The annual or semiannual Relative Accuracy Test Audits (RATAs) required by Sections 6 (C) and (D) may 

be substituted for the annual source tests provided that the flow rate RATA and the concentration RATA are 

performed simultaneously and additional calculations are made to determine and report the data in pounds - per hour of sulfur dioxide. 

MPC shall notify the Department in writing of each annual source test a minimum of twenty-five (25) 

working days prior to the actual testing (unless otherwise specified by the Department). 

CONTINUOUS MONITORING 

CEM Quarterly Data Recovery Rates 

(1)	 "Unusual Circumstances" means circumstances which are unforeseeable, beyond MPC's control, 

and which could not reasonably have been prevented or mitigated by MPC. Such circumstances 

may include but are not limited to earthquakes, power outages, or fire; but do not include failures 

of any monitoring or metering equipment or associated data acquisition equipment unless such 

failures meet the following conditions: 

(a)	 prior to the failure, the equipment was installed, operated, and maintained in accordance 

with the requirements of Section 6; 

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AIR QUALITY CONTROL 

IMPLEMENTAnON 

(b) . upon failure, MPC initiates the short term corrective measures and, as necessary, the long 

term corrective measures required by Section 4(C)(3); 

(c)	 within two working days of occurrence, MPC notifies the Department's Permitting and 

Compliance Division by telephone of the occurrence of Unusual Circumstances, as 

defined herein; and 

(d)	 MPC demonstrates, by utilizing properly signed contemporaneous CEMS operating logs 

and other relevant evidence, in the first quarterly report following the failure that the 

failure meets the above conditions. 

(2)	 Quarterly Data Recovery Rates 

(a)	 Notwithstanding the QDRR requirements specified in Section 6(A)(2)(b), whenever a 

source or stack is Operating, MPC shall use best efforts to operate the associated CEMS 

in a manner to achieve the highest Quarterly Data Recovery Rate (QDRR) that is 

technically feasible. 

(b)	 At a minimum, MPC shall achieve the following QDRR requirements, unless prevented 

by Unusual Circumstances or by reduced Operating hours as provided in Section 

4(C)(2): 

(i)	 for the main boiler stack CEMS, MPC shall achieve a QDRR of equal to or 

greater than 90%. Valid data obtained from backup temperature and flow rate 

monitoring system equipment in combination with data from the primary sulfur . 

dioxide continuous emission monitor shall count towards meeting this 

requirement. 

(c)	 In its evaluation of whether MPC used best efforts to achieve the highest QDRR 

technically feasible, the Department will consider: 

(i)	 the design capabilities of the CEMS, and whether: 

(ii)	 MPC has properly operated and maintained the CEMS, including the 

maintenance of an adequate spare parts inventory; 

(iii)	 MPC has complied with the quality assurance requirements described in 

Section 6; 

,,::-	 ~(~iv.) MPC has taken timely and appropriate action to correct a failure in the CEMS; 

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and 

(v)	 Unusual Circumstances have occurred, as defined in Section 6 (A){ I). 

(B)	 Affected Sources 

(I)	 By July I, 1997, MPC shall operate and maintain a continuous emission monitor to measure sulfur 

dioxide concentrations from the main boiler stack. 

(2)	 By July I, 1997, MPC shall operate and maintain a continuous stack flow rate monitor and 

temperature monitor (at a minimum, a thermocouple) to measure the stack gas flow rates from the 

main boiler stack. 

(3)	 By January I, 1999, or a date 6 months after EPA approval of the Buoyancy Flux monitoring 

requirements contained in this document (whichever date is later), MPC shall install and maintain a 

backup temperature and flowrate monitoring system for the main boiler stack. The back-up 

temperature and flowrate monitoring system shall be capable of obtaining and recording stack 

parameters to determine "V" and/or "Ts" in the event of the failure of the primary temperature and 

t10wrate monitoring system which is a component of the CEMS required by Section 6{B){2) and 

shall meet the performance specifications contained in Section 2{A)(3). However, the back-up 

system may rely upon the in-stack pitot tube and associated mechanical connections that are 

components or'the primary temperature and flowrate monitoring system up to, but not including, 

the transducer. 

For purposes of compliance with this requirement, the backup monitoring equipment shall include 

as a minimum a differential pressure transducer, a thermocouple, and either: 

(a)	 chart recorder(s) capable of recording "Ts" and pitot tube differential pressure, or 

(b)	 a data logger capable of recording 'Ts" and the calculated "V", the calculated flowrate, 

or the pilot tube differential pressure necessary to calculate .'V" and flowrate. 

Upon installation, MPC shall operate the backup temperature and flowrate monitoring system 

whenever the primary (CEMS) temperature and flowrate monitoring system is delermined to have 

failed. 

(C)	 CEM Performance Specifications 

(I)	 All continuous SOl concentration monitors required by this control plan shall: 

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~+,"""UUJ'ect: Yellowstone County 

=::::-:::=­ Air Pollution 

~OfttroJ..XProgram

STATE OF MONTAN

AIR QUALITY CONTROL 

IMPLEMENTATIOl'll.-F"Lr'i.l

(a) be installed, certified, operated, and maintained in accordance with the performance 

standards in 40 CFR Part 75, Appendices A and B; and 

(b)	 be subject to and meet the quality assurance (QA) and quality control (QC) procedures in 

40 CFR";Part 75, Appendices A and B, except that at least one of the daily zero/spans per 

calendar week must be conducted using certified calibration gas. 

(2)	 MPC shall notify the Department in writing of each Relative Accuracy Test Audit a minimum of 

twenty-five (25) working days prior to the actual testing (unless otherwise specified by the 

Department). 

(D)	 Stack Gas Flow Rate Monitor Perfonnance Specifications 

(I) All continuous stack gas flow rate monitors required by this control plan shall: 

(a)	 be installed, certified, operated and maintained in accordance with 40 CFR Part 75, 

Appendices A and B; and 

(b)	 be subject to and meet the quality assurance and quality control requirements of 40 CFR 

Part 75, Appendices A and B and the additional requirements of Department Method B·l 

of Attachment I. 

SECTION 7. DATA REPQRTING REQUIREMENTS 

(A)	 MPC shall submit quarterly reports on a calendar year basis, beginning with the first calendar quarter of 

1998. The quarterly reports shall be submitted within 30 days of the end of each calendar quarter. The 

quarterly reports shall be submitted to the Department's Permitting and Compliance Division office in 

Helena and the Billings Regional Office. The quarterly report format shall consist of both a comprehensive 

electronic-magnetic report and a written or hard copy data summary report. 

(B)	 The electronic report format and records structure shall require hourly CEMS data, stack temperature and 

calibration data to be submitted to the Department as required in Section 7(A). The data shall be submitted 

to the Department on magnetic or optical media, and such submittal shall follow the reporting format 

specified by the Department in 1996, as may be subsequently amended. The Department shall reserve the 

right to call for any necessary future revisions to the reporting format delineated in this Section. 

(I)	 The electronic report shall contain the following: 

(a)	 Hourly Average S02 concentrations in PPM from the main boiler'stack; 

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(b) Hourly Average stack volumetric flow rates in SCFH from the main boiler stack; 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PL 

Sub'e . stone County 

--:::::-+c::::::= Air Polluti0 n 

Contrrooit""f~~CIL~

(c) Hourly Average stack gas temperature in of from the main boiler stack; 

(d) Hourly SOz Emission Rates in pounds per Clock Hour from the main boiler stack; 

(e) Hourly Buoyancy Flux ,F, in mO/secl and Three Hour Buoyancy Fluxes, Fl , in m4

/secl 

; 

and 

(f) daily calibration data from the CEMS required by Section 6(B)(I) and (2), or, if 

applicable, Section 6(B)(3). 

(2)	 In addition to submitting the electronic-magnetic quarterly reports to the Department, MPC shall 

also record, organize and archive for at least five years the same data, and upon request by the 

Department, MPC shall provide the Department with any data archived in accordance with this 

Section. 

(C)	 The quarterly written report for the J.E. Corette Plant shall consist of summarized CEMS data for Daily 

Emissions, Three Hour Emission Limitations for SOl (as determined by the Buoyancy Flux Fl ), Three Hour 

Emissions, Quarterly Data Recovery Rates and text regarding excess emissions. 

- (1)	 The following data shall be recorded, organized, reported, and archived for a minimum of five 

years: 

(a)	 Three Hour Emission Limitations for SOz from the main boiler stack; 

(b)	 Three Hour Emissions of SOz from the main boiler stack; 

(c)	 Daily Emissions ofSOz in pounds per Calendar Day from the main boiler stack; 

(d)	 Daily Emission Limitations for SOz from the main boiler stack; 

(e)	 the Quarterly Data Recovery Rate for the CEMS expressed in percent (Valid data 

obtained from backup temperature and flowrate monitors in combination with data from 

the primary 'sulfur dioxide continuous monitor shall count towards meeting the QDRR 

requirements.); 

(f)	 the Operating hours during the calendar quarter for the source or units associated with 

the main boiler stack; 

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STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION PLAN 

(g) the date and time identifying each period of continuous monitoring system downtime 

during the reporting period, including quality control and quality assurance checks, and 

the nature of system repairs or adjustments; 

(h)	 the results of the quarterly CGA's or RAA's and flow rate checks, the annual or 

semiannual RATA's required in Sections 6(C) and (D), and the annual source tests 

required by Section SeA); and 

(i)	 any documentation which demonstrates that a CEMS failure meets the conditions of 

Unusual Circumstances. 

(2)	 For each Calendar Day on which any emission limitation(s) were exceeded, the written report shall 

identify the source or unit with excess emissions and include the following information in a report 

submittal as specified in Section 7(A): 

(a)	 total hours of Operation with excess emissions, the Hourly 502Emission Rates, the 

Three Hour Emissions, the Three Hour Emission Limitations for S02' the Daily 

Emission Limitations for 502. and the Daily Emissions; 

(b)	 all information regarding reasons for operating with excess emissions; and 

(e)	 corrective actions taken to mitigate excess emissions. 

(D)	 Upon request from a representative of the Department, EPA or Yellowstone County Air Pollution Control, 

MPC shall provide Hourly S02 Emissions Rate data for any prior day not covered by the latest quarterly 

report from the main boiler stack. 

(E)	 By JanUal)' I, 2000, the Department shall reevaluate the reporting requirements of this Section and determine 

if revisions are necessary or desirable. The purpose of the reevaluation is to determine if the reporting 

requirements should be modified to more closely meet the informational needs of the Department and the 

public, and to reduce or simplify the requirements for MPC while still providing the necessary information. 

Any revisions shall be made only after consultation with MPC, consideration of the number and type of data 

requests made by the public, and the Department's emission inventol)' and compliance needs. 

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STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATIO.DH:''1::;.t\,l'l 

SECTION 8, ADp!IlONAL REOUIREMENTS AND CONDITIONS 

Except as otherwise provided herein, nothing in this Stipulation, Exhibit A, or Attachment #I shall be construed to 

alter MPC's obligation under any other applicable state, federal and local laws and regulations, orders, and permit 

conditions. In any enforcement proteJ:ding pertaining to such other requirements, MPC reserves the right to raise any 

and all available equitable or legal defenses. 

SECTION 9. GENERAL CONDITIONS 

(A)	 Inspection - For purposes of ensuring compliance with this Stipulation, Exhibit A, and Attachment # I, MPC 

shall, pursuant to 75-2-403, MCA, allow the Department representative(s) access to all S02 emitting sources 

at the MPC facility such that, the Department representative(s) may, pursuant to 75-2-403, MCA, enter and 

inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which 

an S02 emitting source is located or is being constructed or installed. The Department representatives shall 

be allowed to conduct surveys, collect samples, obtain emissions data, audit any monitoring equipment 

(CEMS), or observe any monitoring or testing, and conduct all other necessary functions related to this 

control plan. 

As provided in Section 75-2-105, MCA, MPC may seek a court order declaring certain trade secret 

information as confidential and not a matter of public record. If MPC claims that certain information is ­ entitled to trade secret protection, the Department shall maintain such information as confidential pending 

issuance of a court order under Section 75-2-105, MCA, provided that MPC initiate such court action within 

14 days of delivering the information to the Department. 

(B)	 Enforcement - Any violation ofa limitation, condition, or other requirement contained herein ("Stipulation 

Requirement") constitutes grounds for judicial or administrative enforcement action. If the incident causing 

the violation would also form the basis of a violation of ARM Title 17, Chapter 8, or ofTitle 75, Chapter 2, 

MCA, the Department shall not count the violation of the Stipulation Requirement as an additional or 

separate violation incident for penalty calculation and assessment purposes. 

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Vo1um~ IV 

s one County 

Air Pollution 

STATE OF MONTANA 

AIR QUALITY CONTROL 

IMPLEMENTATION 

ATTACHMENT 1 

Chapter 

ADDITIONAL PERFORMANCE SPECIFICATIONS FOR STACK FLOW RATE
 

MONITORS
 

..' 

METHODB-l
 

ADDITIONAL ONGOING QUALITY ASSURANCE AND QUALITY CONTROL
 

REQUIREMENTS FOR IN-STACK AND IN-DUCT FLOW MONITORS
 

1.0 FREQUENCY OF FLOW MONITOR TESTING 

The requirements ofthis method are in additon to the requirements 0£40 CFR Part 75. A 

summary chart showing each additional quality assurance test and the frequency at which each 

test is required is located at the end ofthis Method in Table 1. 

1.1 Quarterly Flow Monitor Assessments 

For each flow monitor, conduct a quarterly stack velocity and flow rate check by 

performing a velocity traverse and visual inspection of the annubar system. Perfonn the 

following assessments during each calendar quarter in which the unit operates. This reql,lirement 

is effective as ofthe calendar quarter following the calendar quarter in which the flow monitor is 

provisional certified. The semiannual or annual Relative Accuracy Test Audits may substitute 

for the quarterly single velocity traverse checks. 

1.1.1 Flow Monitor Flow Rate Check 

Once during each operating quarter and for each flow monitor, perfonn a flow rate check 

by completing a single velocity traverse, calculating the associated average flow rate, and 

comparing the average flow with the concurrent flow measured by the continuous flow monitor. 

The flow rate check shall be performed at normal operating rates or load level. The flow rate 

check shall be performed in accordance with 40 CFR Part 75, Appendix A, Section 6.0 as 

appropriate for a single traverse. The difference (PD) between the average flow rate determined 

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 LSllbifee'~Yie lowstone County 

Air Pollution 

__ l ontrol Program 

by the single velocity traver'se and the continuous flow monitor shall not exceed 15 percent (10% 

after January 1, 2000) as determined by equation B-1. Ifthe single velocity traverse fails to meet 

the 15% (10% after January 1,2000) difference specification, the owner/operator may conduct an 

additional single velocity traverse l:>r;:a complete Relative Accuracy Test Audit (RATA) in 

accordance with 40 CFR Part 60, Appendix A, Section 6.0 in order to demonstrate compliance 

with the 15% (10% after January 1,2000) difference or 15% (10 % after January 1,2000) 

relative accuracy requirements. 

PD = TF - FR x 100 (Eq. B-1) 

TF 

Where: 

PD = Percent Difference; 

TF = Traverse Flow (seth); 

FR = Continuous Flow Monitor Flow (seth); and 

TF and FR are on a consistent moisture basis. - , ' 

lfthe Relative Accuracy ofthe latest semiannual or annual Relative Accuracy Test Audit 

(RATA) conducted pursuant to 40 CFR Part 60, Appendix B, Section 2.3 is less than 10%, the 

single velocity traverse flow rate check may be discontinued. However, if future RATA~

indicate a Relative Accuracy of 10% or greater, performance ofthe single velocity traverse flow 

rate check shall resume. 

1.1.2 Flow Monitor Out-of-Control Period 

An out-of-control period occurs when a flow monitor fails the quarterly flow rate check 

(the difference between the average flow rate determined by the velocity traverse and the 

continuous flow monitor exceeds 15% or 10% after January 1, 2000) or the visual inspection of 

the annubar system indicates a damaged or improperly operating annubar flow measuring device. 

The out-of-control period begins with the hour of the failed flow rate check or visual inspection 

and ends with the hour of a satisfactory flow rate check, RATA, or correction of the damage or 

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STATE OF MONTANA 

improperly operating annuhar flow measuring device. During any period that the flow monitor is 

out-of-control, the data may not be used in calculating emission compliance nor be counted 

towards meeting minimum data recovery requirements. 

TABLE 1- ADDITIONAL FLOW MONITOR QUALITY ASSURANCE TEST
 

REQUIREMENTS
 

Test Weekly Quarterly 

Flow Check 

(single velocity traverse) 

Visual Inspection of Annubar x 

System 

1 The owner/operator has an option to perform a RATA if the quarterly flow rate check 

(single traverse) fails specifications. In addition, if the Relative Accuracy detemiined by 

the latest RATA is less than 10%, the quarterly single velocity traverse flow rate check 

may be discontinued. However, if future RATAs indicate a Relative Accuracy of 10% or 

greater, performance of the quarterly single velocity traverse flow rate check shall 

resume. 

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