# 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 ofcompliance 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 ofthe Application ofThe 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

### 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

- June20, 1997 Board Hearing

Replaces Page: Dated: June 20, 1997 Page: 

## I of 

## 4 Page 45.2.2 (I)

# - Volume IV Chapter 45



## STATE OF MONTANA Subject: Thompson Falls 

## AIR QUALITY CONTROL Air Pollution 

## IMPLEMENTATION PLAN Control Plan
BEFORETHE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA

ln the Matter ofthe Application ofthe FINDINGS OF FACT DepanmentofEnvironmental Quality CONCLUSIONS OF LAW for Inclusion ofa Control Plan for PM·I0 AND ORDER Emissions in the ThompsOn Falls Area into ADOPTING AGREEMENT OFDEQ the Montana State Implementation Plan. CITY OF THOMPSON FALLS AND MDT

The Montana DepartmentofEnvironmental Quality ("Department") has filed a Petition with the Board of Environmental Review(MBoard") for revision oftheMontana State Implementation Plan (MSIP"). The Petition requests a Board Order approving and adopting a proposed control plan for attainmentand maintenance ofthe PM·IONational 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 ofTransportation ("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 ofthe public. Based on the record in this proceeding and the Agreement entered into between the panies, the Board enters the following Findings ofFact, Conclusions ofLaw 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 asPM-I0). 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)



# -

### Volume IV 

## Chapter 45

STATE OF MONTANA Subject: Thompson Falls AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Plan
pursuantto Section 109 ofthe Federal CleanAirAct, 42 U.S.C. 7401,

### as amended by the Clean AirActAmendments of 1990 ("Act"). 2. In 1994, EPAdesignated theThompson Falls area

### as a nonattainment area for PM-lO. Studies determined that reentrained road dust from Highway 200 and surrounding local roads wasthe majorsource ofparticulates leadingto violations ofthe 24-hour PM-IO standard. 3. In May of 1997, the Parties entered into a PM-I0 MaintenanceAgreement, which contains requirements for street sweeping and forpavingunpaved'parking lots, alleys, and roads within the City'S central business district. Administration and implementation ofthe Agreement will be performed by the current staffand resources available to the City and MDT. The Maintenance Agreement is intended to provide for attainment and maintenance ofthe PM· I0 NAAQS in the Thompson Falls

area. 4. The Partieshave submitted the MaintenanceAgreement to the Board for adoption in a Board Order

### as an ;

........' enforceable PM-I0 control plan. TheMaintenanceAgreement is anached to this Orderand is hereby incorporated by reference. S. It isthe intentofthe parties thatthe MaintenanceAgreement, after adoption and incorporation by Board Order,**~ill** be submitted to the EPA for review and approval 

### as part ofthe MontanaSIP, CONCLUSIONS OFLAW Based on the foregoing Findings ofFact, the Board enters the following Conclusions ofLaw:. J. The public has been provided with appropriatenotice and an opportunity to participate in this malter. Title 2, chapters 3 and4, MeA. Thepublicnotice requirements set forth in 40 CFR section S1:102 have beenfulfilled. 2. The Department is required to prepare and develop a comprehensive plan forthe prevention, abatement, and control ofair 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)

### Volume IV Chapter 45

STATE OF MONTANA Subject: Thompson Falls AIR QUALITY CONTROL 

## Air Pollution IMPLEMENTATION PLAN Control Plan

"2 

# • S (; 

# ., I 9 10 11 12 )) 

## ';W1 ! 14 1.5 16 11 11 19 W 21 22 23 24 2S 26 27 3. Tbe BDatd h4s lDllhorily toimJe Dr<lcn nccetSI1Yto IICIIi,.ve IlhlI maiDlain w.:h lenl.<>falrqlllllily as will protrcl.hUlllal1 bcaIlhIIld
....,.Ibn:
..**Sc~tion** 15-2-111(3), MC.4.
•• ,IW(lpl;(tlI nC .hc Mal.-tt1\1;lCe**.~lt><IIt** .ruched 10 Ibis ()cdnis ncccuary ID PIIl\idefor**IU\~I** ronU m;Un\CnlmCc
..

## e...., n ..lo NAA(,/Sin \bel'boml*'"I'Il1h M.a. S. The Boooni**h~** "",""rilJ '0iJl'"anOnlttadn]>till\l the attached**~t** U IlII cnfcxCCllbI,.colllrt>l

# ""'''10'. 6. AILFin;.linp Ofl'aC1 are heteb)' incOf\l<l"lttd in**t1~** conclusions ofla.w.

Basedon IIle IbJqui"ll FiJIWntp

## "e rK! """ Conclusil)l\f"fl.ll

.....IT IS JUiKt-.:8Y ORDEREDlItat: I. The IlIIll<:!Ied Mainlcamc<: isbm:b)oal/l:lt>t"" h)'1he 1\aaNW
.. 

# ­ lDc:07pcnlcd bacin lISpanullhiJ0Ner. 2. The: Ponies shall implcmcnltIIc PJOvisioDs ofLhc arlad>td A8--­ 3. ThiI OJdcr IIh>II bec:nCon:c>oblc by lhc**~t.** 4. This OrderslwllI be= cJr""lh-c immcdio*ly lIJ'D<I"UlW>Ce. S. Modili._i."", of

### w. (ln1cT P>all only he by iuitil!iooor!he I5o.\Id Ol by petition 10the Board o.nd lit

.. i••\IiUICL" uC.liUMcqucnI

....d
...'''\liti,,!litisQrder. 6. ACOP), IIf1his Order
..CXCC\'\Cd by**t~** [l.-d sAa!1 beItrMoiMd to a. "'Plesenwivcofeachpany 10 IbisprowaIiJlI. D,\TED**tbi!b?'r~** d.y II!Jllne. 1997



### Replaces Page: Dated: June 20, 1997 Page: 4 of 4 Page 45.2.2 (4) 

# -

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

### 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 ofThompson Falls, Department ofTransportation, 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!.' MainlAgrmnl.pdf

## 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

Replaces Page: Dated: June 20, 1997 

## Page: 1 

## of 9 

## Page 45.2.1 (1)

## 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 ofThompson Falls ("City"), the Montana Department ofTransportation ("MDT"), and the Montana Department ofEnvironmental Quality ("DEQ"), hereinafter collectivelyreferred to as the "Parties". The U.S. Environmental Protection Agency has designated the City and itsnearby area as a nonattainment area for the PM-l0 National AmbientAir Quality Standards (NAAQS). In orderto achieve and maintain the PM-I0 NAAQS, a reduction in suspended particulate matter from re-entrained road dustis required. Thepurpose ofthisAgreement is to outlinethetype ofsanding material to be 

### used onpavedroads, determine what unpavedroads, alleys, and parking lots are to be paved, andto regulate streetsweeping activities on selectedroutes within the ThompsonFalls PM-I0 nonattainment area. ActivitiesperfonnedunderthisAgreement are intended to reduce suspended particulate matterfrom re-entrained road dust, which will assistthe City in attaining and maintaining the PM-I0 NAAQS. 1< 

### SECTION I: ROADS SUBJECT TO AGREEMENT 

# - The roads coveredbythis Agreement are Highway 200 underthejurisdiction ofMDT within the Thompson Falls PM·I

### 0 nonattainment area and the priority routes underthejurisdictionofthe City 

### as listed below: 

### CITY STREET SWEEPING PRIORITY ROUTES: Approximate Length

- Golffrom City Shop to Haley (0.20)

- Haley from Golfto 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) 

## Replaces Page: Dated: June 20, 1997 Page: 2 of 9 Page 45.2.1 (2)



# -

### Volume IV Chapter 45

STATE OF MONTANA Subject: Thompson Falls AIR 

## QUALITY CONTROL Air Pollution IMPLEMENT

## AnON 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 milepost49.5 atthe westend ofthe bridge, east through town tothe Harvest Food storeparking lot. Thisroute is approximately three (3) miles (4.83 km) 

### long


### CITY COMPENSATION FOR STREET SWEEPING MDTagrees to compensatethe City for street sweeping activities thatthe City performsonHighway 200 inside the city limits. Compensation mustbe agreed upon by the City and MDTtobe determined on orbefore September I of each year.


### SECTION II: STANDARD AGREEMENT A. Forthe purpose ofthis Section, the following defmitions will apply: (I) "Centralbusiness district" meansthe areadefined by Main, Pond, and Pearl streets and the Clark Fork River. (2) "Clean"means that a road surface doesnotcreate visible emissions upon the passing ofa vehicle.
. (3) "New parking lot" means any parking lot on which construction commenced afterJanuary I, 1997.
. . (4) "New street or road" means any street, road, drive through, oralley which is greaterthan 50 feetin length, has a projected average traffic volume greater than 50 vehicles perday, and on which construction commenced orwill commence afterJanuary I, 1997. (5) "Parking lot" means a parcel ofland located offthe public right-of-way which is primarily used forthe temporary storage ofmotorvehicles. 

### ReplacesPage: Dated: 

# I June 

## 20, 1997 Page: 3 of 9 Page 45.2.1 (3)

# - 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 descendingorderoftraffic volume to streets with the lowesttraffic volume. In the eventthat streets become iced orsnow-packed and sanding material is reapplied, this process will s.tart Qyerwith tbe highest volume streets receiving priority attention. "Summermonths" means the months ofMay, June, July, August, September, and October. "Wintermonths" means the months ofNovember, December, January, February, March, and April.

I J 

### -;=;7 B. 

### City Requirements: (I) 

### Within the Thompson FalIs PM-tO nonattainment area, the Citymay not allow the operation, use, ormaintenance ofany prioritized routes listed in Section I unless the following RACTprocedures 

### an: applied:
. "Reasonably Available Control Technology" or "RACT" means; (a) During summer months, street sweeping shallbe performed on an asneeded basisto the priority routes listed in Section I. 

### (b) Duringwintermonths, prioritized street sweeping shall commenceon the first working day after any priority route listed in Section 1becomes eithertemporarily or permanently ice-free and temperatures are expected to remain above 35 OF for the next 24·hourperiod. Unless interrupted by additional snowfall ortemperatures 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 orchip seal material on paved roads and parking lots that has a durability ofgreaterthan 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 smallerthan a 200 mesh that does not exceed4.0 percent oven dry weight as determined by a standard wet sieving method. 

# .­

Replaces Page: 

### June 20, 1997 Page 45.2.1 (4) Dated: Page: 

## 40f 9 

# -

### 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 uponrequest by the'DEQ to ensure against increases that may occurwithin orbetween gravel pits. (4) Within the central business district, the City may not construct any new street orroad as defined in Section II A (4) unless it is paved. The Citymay not construct any new parking lot with a capacity greaterthan 15 vehicles ormore than 50 vehicles/day turnover unless theparking lot is paved. (5) The City shall maintain a record ofmaintenance activities concerningthe exact day and route ofcompleted streetsweeping andpaving projects within the Thompson Falls PM10 nonattainmentarea. This record ofmaintenance activities will be made available to DEQupon 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, MDTmay not allow the operation, use, ormaintenance ofHighway 200 as listed in Section II unless the following RACT procedures are applied: "ReasonablyAvailable Control Technology" or "RACT"means: (a) 

### During summermonths, streetsweeping shall be perfonned on an asneeded basis to Highway 200 as described in Section Iwithpriority givento the section ofHighway 200 located within the central business district. (b) 

### During winter months, street sweeping shall commence on the first working day afterHighway 200, as listed 

### in Section I, becomes either temporarily orpermanently ice-free andtemperatures are expectedto remain above 35 

### OF for a 24-hourperiod. Unless interrupted by additional snowfall ortemperatures below 35 

### OF, Highway 200 will be sweptclean within two (2) business days. Ifinterrupted, MDT will begin the street sweeping process from the beginning.



### Replaces Page: Dated: 

### June 20, 1997 Page: 5 of 9 

### Page 45.2.1 (5)

# - Volume IV Chapter 45

STATE OF MONTANA Subject: Thompson Falls AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Plan (2) 

### Withinthe Thompson Falls PM-IO nonattainment area, MDT shall only apply sanding or chip seal material on Highway 200 that has a durability ofgreaterthan orequal to 9.0 percent wear loss as defined by the Montana Modified L.A. Abrasion test. The sanding orchip seal material shall have a material content smallerthan a 200mesh 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 occurwithin orbetween gravel pits. Paved road siltloading samples will continue tobe collected annuallyby 

### a DEQrepresentative and analyzed for siltcontentpercent. (4) 

### MDT shall maintain a record ofmaintenance activities concerningthe street sweeping on Highway 200 within the Thompson Falls PM-I

# anonattainment area. This record of maintenance activities will

### bemade availabletoDEQ upon request. (S) 

### As described in Section III below, MDT shall authorizethe City to sweepHighway200 within the city limitsduring 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 sweeperwhich is operated in and around the City for purposes ofroad cleaning activities on Highway 200. The City owns and operates a Vanguard4000 mechanical brush sweeper. In 

### orderto provide for road cleaning activities on Highway200 during times whenthe MDT sweeper is not available, the Parties agree as follows:

.A. City Requirements: I) 

### Only upon MDT'srequest, the City shall provide street sweeping service on Highway 200 inside the city limits with theirVanguard 4000. Based uponthe equipment, weather conditions, and personnel available to the City,the street sweepingfrequency duringbare road conditions on Highway 200 within the city limits will be as specified in Section II C· 

### (b).



## Replaces Page: Dated: June 20, 1997 Page: 6 of 9 Page 45.2.1 (6) 

# -

## Volume IV Chapter 45



## STATE OF MONTANA Subject: Thompson Falls 

## 'AIR QUALITY CONTROL Air Pollution 

## IMPLEMENTATION PLAN Control Plan
B. MDT Requirements: 1) MDTgrantsthe City the right to enter Highway 200within the city limits forthe purpose ofperforming street sweeping services duringthe days in which the MDT sweeper is not available. 2) MDTagreesto compensate the City for street sweepingactivities thatthe City performs on Highway 200underthis Section. Compensationmust be agreedupon bythe City and MDT. 3) MDTand the City will contact each otheron orbefore September 1ofeach yearto discuss the street sweeping contract and compensation as outlined SectionI. 

### If necessary, the City and MDTshall submit proposedrevisionsto Section I and submitto DEQ-by January 1ofeach year.


### SECTION IV: CONTINGENCY MEASURES In the event a PM-lO exceedance occurs within the Thompson Falls PM-I0 nonattainment area, 

### the Parties ha,ve the -::::::;:'''1'
. 

### following responsibilities until such timeasthe SIPcontrol measures arerevised and approved by EPA: A. City Requirements: TheCity shall increase its street sweeping frequency onthe 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 ofEnvironmental Review ("Board")for an Order adoptingthis Agreement. TheParties further agree that the Board, ifit finds thatthe terms ofthis Agreement are necessary to achieve and maintain the PM-IO NAAQS, may issue a Board Order adopting theterms ofthis Agreement. Upon issuance ofsuch Board Order, the terms ofthis Agreement shall 

### be enforceable byDEQ.


### Replaces Page: Dated: June 

## 20, 1997 Page: 7 of 9 Page 45.2.1 

### (7)

## Volume IV Chapter 45

STATE OF MONTANA Subject: Thompson Falls AIR QUALITY CONTROL Air Pollution IMPLEMENTATIONPLAN Control Plan SECTION VI: INDEMNIFICATION Each Party (hereinafterreferred 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 extentarising out oforresulting from the First party'swrongful acts, errors, omissions, ornegligence, orfrom the First Party's failure tocomplywith the requirements setforth inthis Agreement orwith all federal, state, and local laws, regulations, and ordinances applicable to the workto 

### be done underthisAgreement.


### SECTION VII: EXECUTION This Agreement consistsofeight(8) pages. One copyofthe original is tobe 

### retained by each Party
.. A copyofthe original has the sameforce and effectfor all purposes as the original. In witness oftheirintenttobeboundbytheterms ofthis Agreement, the Parties have executed this document on the dates setforth below:



# -

ReplacesPage: Dated: June 20, 1997 Page: 8of 9 Page 45.2.1 (8)

# ·­ Volume IV Chapter 45



## STATE OF MONTANA Subject: Thompson Falls AIR QUALITY CONTROL Air Pollution 

## IMPLEMENTATION PLAN Control Plan

Hy:

## ~~.**~M·/** 1l1Ue: _...:1:..'-,'**/'-Lf_'~'~'i_'** 

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### .x.


### Replaces Page: Dated: June 

## 20, 1997 Page: 

## 9 of 

## 9 Page 45.2.1 (9)

# 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, MontanaParticulate Matter (PM-I0) Control Plan Approval Dates and Citations: 1/22/04 

# (69 FR 3011)



# Plan Summary - planregulates street sweeping activities on selected routes within the Thompson Falls nonattainment area; sets the type ofsanding material to be used onpavedroads; 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 reprinted

# in section45_.2.2 ofthe Tho111Pson Falls_Air Pollution Control Plan. The Board Order adopts and incorporates the May 

# 1997 Maintenance AgreementBetween

# the City ofThompson Falls, Mont<!J1a**Departm~nt_of** 

# Transportation, and Montana Department ofEnvironmenJal QltCiJity whichcontains**th~** 

# control pIal}Jorthe attainJ11entanp m_aintenance**oftb~_** 

# PM

# -10 National Ambient Air QualityStandards inthe ThompsonFalls area. (2) May 1997 Maintenance Agreementbetweenthe City of Thompson Falls, MontanaDepartment ofTransportatiOl1, and Montana Department ofEnvironlnentalQuality, asreprinted in section 45.2.1 ofthe IholnpsonFalls Air PolllltionContrQLPlan.

### 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: " 1591order.pdf 

### Montana Department of Environmental Quality Silver Bow County Board Orders Board Order
- 1991 November 15 In the Matter ofthe 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

## 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

9 10 11 12 13

15 16 17 18 19 20 21 22 23 24 25 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 notice and on november 15, t -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



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8 9 10 II 12 13 14**I~** 16 17 18 19 20 21 22 23 24**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 policies 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



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## Volume IV Chapter 47 STATE OF MONTANA AIR QUALITY CONTROL

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### o 10 11 12 13

IS 16 17 18 19 20 21 22 23 24 25 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 in**clu~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



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8 9 10 II 12 13 14 15 18 17 18 19 20 21 22 23 24 25 preyides for administrative organization, staff , (inancia1 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



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## 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. institutions. businesses, industries 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)

## Volume IV Chapter 47 STATE OF MONTANA AIR QUALITY CONTROL IMP TATION PLAN sUbject: Butte/Silver Bow Air Quality Control Pro am

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8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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



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## 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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6 7 8 9 10 II 12 13 14 15 III 17 18 19 20 21 22 23 24 25 under the Hontana Clean Air Act, Title 75, Chapter 2, HCA, including fugitive emissions, unless the authority to control the source "as delegated 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



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15 16 17 18 19 20 21 22 23 24 25 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



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# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

### 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 ofthe Application of Butte-Silver Bow Council of Commissioners for Approval ofAmendments 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

## Volume IV Cha ter 47 STATE OF MONTANA AIR QUAL1TY CONTROL IMPLEMENTATION PLAN sUbject: Butte/Silver Bow Air Quality Control Pro ram

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5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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


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## 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 17 18 19 20 21 22 23 24 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 

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## 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~:** __ "_'"

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. 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 

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## 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 

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## pj:lge 6 of 9 Page 47.2.5 (6)

## 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...;.:

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## 1994 

## Page 7 

## of 9 

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## 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 

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## May 20, 1994 Page 8 

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## 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:..;:;........

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### ..**';~i~** 

### "

.. 

## May 20, 1994**P~ge** 

## 9 of 9 Page 47.2.5 (9)

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

## 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

# --------~ Volume**IV--_~·--** 

## Cha ter 47 -.-. 

## STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION
." .,

## .**....,~".-....,** 

### ..

# ­

....,_..



## . ,.•"'

### ..,.,....**~-.",** ..

CIXWC:L. BILL HO. JJC 1 OtllI,....,.C& NO. J)O

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

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

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## 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

## Volume 

# IV Cha ter 47 STATE OF MONTANA" AIR QUALITY CONTROL IMPLEMENTATION PLAN



## ii··, 1D
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....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••­



# _

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h.at U'o. r••loanc. connecte4 or dllconnacted fralta anarqy "ourea, utl1111nq 0-11, nAtural (Ja•• eLactUcltYI or -pro9
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...... 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

## 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 oIsrc':':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 

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## _e, 

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



## Re laces Pa November 15, 

## es: 1991 

## of 18

## 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 'Illun.n tne AU' 'OlluUon ContrOL OllCnct equila or ••eled. 100 

### , :::u::toqr
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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

## Volume IV Cha ter 47 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION**-~~ ~-_**  

### ..

# ­

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....

# -"'._--_.,--_.­

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...
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 

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.... It r•••On.a.Dly 'V.1.1­ 

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.. 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) 

## ----...

### __ 

# -----....

# "-

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

# :-::-­ 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&:'~** •

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.. \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 

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## -._-----­ "'f11cn Ira at • opaCity qt••tlr tnan un 110)



## of 18 47.9.1.1 Page- 

## es: 1991

..--'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 tylnq 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)

__,

# ~~'" ">.**~~:''''' 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

"

### .....

## 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 

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..eft. Cahn4u' Oay ot 

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

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..**'Pn'.n~** 

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.. 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,

# ------- ----- -- 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

### 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

## 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 13 14 15 16 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)

## 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 applicablenow**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 )

## 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-l0 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)

## 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)

## 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

## 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, MontanaParticulate Matter (PM-10) 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 woodburning 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 ofHealth and EnvirQlllnental Sciences Order isslled on Noven1ber 15, 199 I -_ 

# approves the Butte-Sjlver Bow AirPollution Control Program; (2) Stipulationbetween**th~Department** 

# ofl-Iealth and Environmental**Sci~llces** 

# aDdthe.I3utte-Silver Bow Council ofComn1issioners, signed OctobeI8, 1991, delineatesJesponsibilities and authorities between the two entities andincorporates Resolution No. I307 and Ordinance No. 330;

# (3) Butte/SilverBow Resolution NQ.1307,dated_March 6, 

# ]291- sets sanding and chip sealing standards and streetsweeping an

# dJJushingpolicies; (4)**Butt~/Silver** 

# Bow Ordinance

# No. 330, dated_August 3,]28_8 -regulates residential wood burningand idlingdiesel**vehicl~s** 

# and\QcoillQjjyes; (5) Stipulation between the Department ofHealthandEnvironmental Sciences (signed September 27, 1991), MontanaDepart111entQf Transportation (signed October 4, 1991)andtheButte-SHyer BQWCOlll1

# CiJ ofCommissioners (signed October 7, 1991)

- ensures that ButteSilver-Bow City and County and the MontanaDepartment ofTranspQrtationcomply with Butte-SilverBow Council Resolution No. 1307; (6) Federal Tailpipe Standards

- See 40 CFRI?art86; (7) General SIP commitment focongolllg action; (8) BoardofHealth and Environmental**Scien~es** 

# Ordercl(;itedMflY 20-,L994­ approvesamendments to the Butte/Silver Bow AirPollution CQntrol Program regarding PM-10

# contingency measuresandincorpQratesOrdinance No. 468; (9) Butte/Silver Bow OrdinanceNo. 468, dated April 20, 1994_- contingency measures - mandatory liquid de-icers; (10) Industrypermit for Montana Resources, Inc. (permit#1749-05, elated January 5, 

# 1994);and (11) Industry permit for Rhone-Poulenc (permit #1636-0(j, datedf\.llgust22, 1996).

### 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

### IV -------_ 

## 47OF 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



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## 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\•••

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## 2d 30 

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# I**~:** I**~·I** !



## laces Pa November 15, es: 1991 Re 18

## 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


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# I

Re laces Pa es: November 15, 1991**~~** 

## 47.9.1.1 (15)



# -­ of 18.......


## 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

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# . ,

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# ~l Z5 26 1\ Z1 

### ! 2! 29 30 31 I:



## Re November

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

## 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.

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

### 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 ofcompliance of the City and County of Butte-Silver Bow and the Montana Department of Transportation 11/15/1991 11/15/1991 04/11/1994 03/11/1994 59 FR 11550

## 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 Vnited 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)

## 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)

## 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 (hereafter "Butte non-attainment 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)

## 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 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)

## 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 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)

## 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 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: DATE:

## ~7/7! 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)

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

### 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

## AIR QUALITX. MPL ON PLAN Volume I Cha ter 47 

## STATE OF MONTANA

lC 11 12 13 14 16 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 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



### 1991 

### 15,**-..~** 

### . 

### 47. 2

# :2'~~ 

# _ 

# :or: It 

# -1

_______ 7.2.2 (2)

## 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 with 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

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## Replaces

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## 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 1i:" 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 

## '--"-::--**---~** 

# ...

# Volume IV

....

### _---.-.­ 

## Butte/Silver Bow



## .**u~lity** 

## Control ra '.

7

9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 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 11y 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 

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## Replaces Pages:

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## Butte/Silver Bow Control 

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## STATE OF MONTANA AIR QUALITY IMPLEMENTA Volume IV Cha ter 47

II 1 J I**I~** 14 15 16 17 18 19 20 21 22 23 24 26 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



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## STATE OF MONTANA AIR CONTROL Volume IV Cha ter 47 QUALITY 

## IMPLEM 

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2 3 4 6 II 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26



# - ......

# ~--_ sources. BUTTE-SILVER BOW MONTANA DEPARTMENT OF COUNCIL OF COMMISSIOII£RS 

### HEALTH AND ENVIRONMENTAL

### ~NCES

_ 

# -db 

# £.**f~** /'BY:

### ~fr9Z BY:

# ENNISIVE~ -------::HOMAS BROPHY Chairman Director

__________ DATE: DATE:

(STIPULATION) -6­



## ..

# ­ 

# ---­ -. 

# -­ Replaces Pages:**~-=7_~** 

# P'>. March 20, 1992 

# Dr-A--" 7 

## of 24

## 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)

## 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.



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## 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 MotorVehicle Emission Control Program
- See 40 CFR Part 86; (2)**Hi~torical chal1g~~in** **traO~RQrtation** 

## infrastrLJcturecompletedpriorto 1990Clean AirAct**Arnendm~nts-** 

## SeesecJion 56.12.5{B)(ii) of Maintenance plein; (3) Open BurningRegulations; (4) Commitmentto 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_enttosuprnJt revised maintenance planin10 years - See section 56.12.7.4(D) of Maintenance plan.

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### 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

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STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTAnON PLAN Subject: Yellowstone County Air Pollution Control Program 

## 56.12 BILLINGS CARBON MONOXIDE LIMITED MAINTENANCE PLAN

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# 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 andAbbreviations
Average DailyTraffic Aerometric Information Retrieval System Administrative Rules ofMontana BestAvailable Control Technology Board ofEnvironmental Review Clean Air Act Amendments Code ofFederal Regulations Carbon Monoxide Montana Department ofEnvironmental 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 MontanaCode Annotated MontanaNetwork Review National Ambient Air Quality Standard New Source Review parts per million Prevention ofSignificant Deterioration QualityAssurance Project Plan QualityAssurance/Quality Control Reasonably Available Control Measures State Implementation Plan State and Local AirMonitoring Station Technical Advisory Committee Transportation Control Measures
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STATE OF MONTANA AIR QUALITY CONTROL Air Pollution Control IMPLEMENTAnON PLAN Program TIP Transportation Improvement Program VKT Vehicle Kilometers Traveled YCAPC Yellowstone County Air Pollution Control program

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# 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 FR9010) 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 calendaryear. 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 ofexceedances 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 ofa maintenance plan. The Montana Department ofEnvironmental Quality (DEQ) developed this redesignation request with guidance from the 1990 CAAA and a September4, 1992 EPA memo from John Calcagni to the EPA Regional Air Directors. Section 107(d)(3)(E) ofthe CAAA defines the five required criteria ofa redesignation request. The criteria are as follows: 

# Criterion 

# 1: Attainmentof theApplicableNationalAmbientAir Quality Standard Criterion 

# 2: State Implementation PlanApproval Criterion 3: PermanentandEnforceableImprovements inAir Quality Criterion 4: Fuljillment of CAAA Section 110 andPartD Requirements Criterion 5: FullyApprovedMaintenance Plan under CAAA Section 175A

Each ofthese criteria has been accomplished and are demonstrated in this CO redesignation

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STATE OF MONTANA Subject: Yellowstone County AIR QUALITY CONTROL Air Pollution Control Program IMPLEMENTAnON PLAN request. The following pages address each ofthe five redesignation criteria. Criterion 5 is addressed based on Billings' fulfillment ofcriterion addressed in the October 6, 1995 EPA memo from Joseph Paisie, Group Leader for Integrated Policy and Strategies Group. Thatmemo 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 orbelow 7.65 ppm (85 percent ofexceedance levels).

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# 56.12.3 Criterion 1: Attainment oftheApplicableNationalAmbientAir 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 ofhighest 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 ofdata. 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 CONAAQS 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.

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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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# 56.12.4 Criterion 2: State Implementation PlanApproval A. History The Billings CO control plan was approved into the Montana State Implementation Plan (SIP) on January 16, 1986 (51 FR2397). The CO control plan was based ontraffic flow improvements and projected automobile emission reductions based on the Federal Motor Vehicle Emission Control Program (FMVECP). The anticipated date ofattainmentwas December 31, 1985. No violations were documented in calendaryears 1981 through 1985, confirming attainment within thattime period. The EPA approval also removed the potential ofa construction ban overthe Billings CO nonattainment area. 

## B. 1990 Clean AirAct Amendments For CO areas, the CAAA classified areas accordingto recent monitored levels ofCO; the Billings CO nonattainment area fell below the lowest CAAA threshold for "moderate" areas and was classified as a "notclassified" 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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# 56.12.5 Criterion 3: Permanent and Enforceable Improvements inAir Quality A. Overview The State must demonstrate, based on Section 107(d)(3)(E) ofthe 1990 CAAA, thatthe improvement in air quality leading to attainment ofthe NAAQS andthe redesignation request is based on permanent and enforceable measures, and thatthe 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 areato emission reductions that are permanent and enforceable. The emission reductions are the result ofimplemented 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 COconcentrations. As mentioned in the 1996 Billings CO emission inventory (EI), the Montana Department ofCommerce estimated the population growth in Yellowstone County to be 11.1 percentbetween 1990 and 1996. Ifproportional growth rates were used for employment andtraffic counts or vehicle kilometers traveled (VKT), overall growth in Yellowstone County would indicate higher not lower CO concentrations. Favorable meteorology does not appearto 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 arearanged between 3.5 and 7.1 ppm, with no apparenttrends. Billings temperature data for November, December, and Januarywere examined for the 1990-98 time period (1999 data was not used since it was only available for January atthe time ofcomparison). 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. ForNovember and December, the 1990-98 average temperatures were actually lower than the 64-year average. Lowertemperatures 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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## B. Control Measures The State concludes thatthe 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 ofthe initial maintenance period (through 2012) to ensure continued maintenance ofthe CO NAAQS in the Billings area.


## i. Federal MotorVehicle 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 ofrequiring 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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## Table 56.12.5A Key Demographic, VKT, and CO Emissions Data and Percentage Change From 1990 to 1996 in Billings, Montana


## 1990 1996 Perceptchapge 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

aPopulation 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 of333 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_km2grids). Therefore, the 333 l-km2 grids thatthe 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. dThese 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 FR2397), 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 ofFirst Avenue North to the intersection with Exposition Drive, and improving signalization to increase traffic flow and speed. The projectwas 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.

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STATE OF MONTANA Subject: Yellowstone County AIR QUALITY CONTROL Air Pollution Control IMPLEMENTAnON PLAN Program An exceedance (not a violation) was reported in 1983, but no violations have been recorded since thattime. The project seems to have had the desired effect ofimproving air quality in that area. 

## iii. Open BurningPermits 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 ofHealth and Environmental Sciences (now the Board ofEnvironmental Review orBER) adopted the original YCAPC program on January 10, 1970. The BERadopted 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 ofBestAvailable Control Technology (BACT) on some 

# - permits to limit emissions through a variety ofmethods including prioritizing burns as to air quality impact and assigning control techniques accordingly. The regulations also dictate the times ofthe 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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# 56.12.6 Criterion4: Fulfillment ofCAAA Section 110 and Part D Requirements
Forthe purposes ofredesignation, all ofthe general nonattainment area requirements ofCAAA Section 110 and Part D must be fulfilled. 

## A. CAAA Section 110 Section 110 ofthe CAA was amended in 1990. However, most ofthe basic requirements remained the same. Overthe years, the State has submitted and EPA has approved SIP revisions containingprovisionsthat meet the requirements ofSection 110 (a)(2) ofthe CAA. In particular, EPA has approved nonattainmentNSR, PSD, and minor source permitting programs that meet the requirements ofSection 110(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 ofsignificant 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 ofminor 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 thatmeets 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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## 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 ofpart D. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1ofpart D sets forth the basic nonattainment requirements applicable to all nonattainment areas, whether classified or nonclassifiable. The relevant Subpart 1requirements are contained in sections 172(c) and 176 ofthe CAA. EPA's General Preamble (57 FR 13498, April 16, 1992) provides EPA's interpretations ofthe CAA requirements for not classified CO areas: 

## Although itseemsclearthatthe CO-specific requirements ofsubpart

## 3of partDdo not apply to 

## CO "not classified" areas, the 1990 CAAA are silent as to how the requirements ofsubpart 1 

## ofpart D, which contains general SIP planning requirements foralldesignatednonattainmentareas, shouldbe interpretedforsuch 

## CO areas. Nevertheless, because these areas are designatednonattainment, some aspects of subpart 1

## necessarilyapply. See 57 FR 13535. Under section 172(b), the applicable section 172(c) requirements, as determined by the Administrator, were due no laterthan three years after an area was designated as nonattainment under section l07(d) ofthe amended CAA (see 56 FR 56694). In the case ofthe Billings area, the due date was November 15, 1993. Asthe 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 thatthe applicable requirements ofCAA 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 notingthat EPA has interpreted the requirements of

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STATE OF MONTANA Subject: Yellowstone County Air Pollution Control AIR QUALITY CONTROL Program IMPLEMENTAnON PLAN sections I72(c)(2) (reasonable further progress - RFP), 172(c)(6)(other measures), and I72(c)(9)(mandatory contingency measures) as being irrelevantto 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 exercisethe options that would trigger sections 172(c)(4)(identification ofcertain emissions increases) and 172(c)(8)(equivalenttechniques). Thus, these provisions are also not relevant to this redesignation request. Section 176 ofthe CAA contains requirements related to conformity. Although EPA's regulations (see 40 CFR 

## § 51.396) require that states adopttransportation conformity provisions in their SIPs for areas designated nonattainment or subjectto an EPA-approved maintenance plan, EPA has decided that a transportation conformity SIP i's not an applicable requirement for purposes ofevaluating a redesignation request under section 107(d) ofthe 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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# 56.12.7 Criterion 5: FullyApproved Maintenance Planunder CAAASection 175A Accordingto CAAA Section I07(d)(3)(E), for an areato 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 "notclassified" nonattainment areas, includes the following core provisions: 

# Provision 

# 1: AttainmentInventory Provision 2: Maintenance Demonstration Provision 

# 3: MonitoringNetwork/Verification of ContinuedAttainment Provision 4: ContingencyPlan Provision 5: ConformityDeterminations underLimitedMaintenance 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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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 1to 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 includingthe communities ofHuntley and Laurel. The total estimated amount ofCO 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 thatwas composed ofseven 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 ofall estimated CO emissions. Minor contributing source categories and their corresponding daily percentage ofcontribution 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 exhaustproduced 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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Industrial Point Processes Residential Wood

2.53% Burning 8.44%

Roadway MotorVehicle 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 TotalDaily Carbon MonoxideEmissionsandPercentage Contributions by Source Category in the 1996Billings COEmission Inventory Study Area

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56.12.7.2 Provision 2: Maintenance Demonstration An October 6, 1995 EPA memo from Joseph Paisie, Group Leaderfor Integrated Policy and Strategies Group stated nonclassifiable CO nonattainment areas fulfilling specific criterion could chooseto seek redesignation under a less rigorous plan thanthe full maintenance plan. The criterion is having CO design values at orbelow 7.65 ppm (85 percent ofexceedance levels) at the time ofredesignation request. Toqualify for the limited maintenance plan option, the CO design value for the area, based on the 8 consecutive quarters (2 years ofdata) used to demonstrate attainment, must be at or below 7.65 ppm (85 percent ofexceedance levels ofthe NAAQS.) Additionally, the design value for the area must continue to be atorbelow 7.65 ppm until the time offinal EPA action on the redesignation request. Design values are determined based on a June 18, 1990 EPA memo from William Laxton, Director ofthe Technical SupportDivision. For 8-hour CO, determining the design value requires finding the maximum and second maximum 8-hour values for the most recenttwo years or eightquarters ofdata. The highest ofthe second maximum values (or the "highestofthe 

# - second highs") is used as the design value for each CO monitoring site. Ifmore than one 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 ofdata. Those locations are the Bridal Shop at 8 Grand Avenue andNorwest 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 belowthe 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 ValueDetermined Based on 1998 and 1999 Data (Data Obtained from EPAAIRS 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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STATE OF MONTANA Subject: Ye1lowstone County AIR QUALITY CONTROL Air Quality Control Program IMPLEMENTATION PLAN

56.12.7.3 

## Provision 3: Monitoring Network/Verification ofContinued 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),40CFR Part 50 including Appendix C, and 40 CFRPart 58 including Appendices A through G. Accuracy data for the Billings CO sites and precision data for the Montana CO networkwill 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 MontanaNetwork Review (MNR) and an EPA network modification request form will be submitted to EPA for approval priorto 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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## (1) 

# -

## Volume IV Cha ter 56

STATE OF MONTANA Subject: Yellowstone County AIR QUALITY CONTROL Air Quality Control Program IMPLEMENTAnON PLAN

56.12.7.4 

## Provision 4: Contingency Plan Section 175(A)(d) ofthe CAAA requires thatthe maintenance plan contain contingency provisions to assure that the State will promptly correct any violation ofthe CO NAAQS that occurs afterthe redesignation ofBillings 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 oncethe 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 ofmonitoring and analyzing CO concentrations in that area. In accordance with 40 CFR Part 58, Montanawill continue to operate and maintain the Billings monitoring networkto demonstrate ongoing compliance withthe CONAAQS.


## 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 ifa violation ofthe CONAAQS occurs. Notification to EPA and to the local governments in the Billings area ofany exceedance will occurwithin 60 days as part ofthe Quality Assurance/Quality Control (QA/QC) monitoring procedure.

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## (1)

# - Volume IV Cha ter 56

STATE OF MONTANA Subject: Yellowstone County AIR QUALITY CONTROL Air Quality Control Program IMPLEMENTATION PLAN ii. 

## Response Upon notification ofa CONAAQS exceedance, DEQ and YCAPC will recommend appropriate contingency measure(s) intended to avoid a violation ofthe CONAAQS. Information on the historical exceedances ofthe standard, the meteorological conditions related to the recent exceedance(s), and the most recent estimates ofpopulation and VKT growth and emissions will be reviewed. The possibility ofan exceptional or natural event will also be evaluated. Followingthe 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 areawith 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: 

## Thefailure of any area redesignatedas an attainmentarea to maintain the national air qualitystandardconcernedshall not result in a requirement that the 

# - State revise its State implementationplan unless theAdministrator, in the Administrator's discretion, requires the State to submita revisedState implementationplan.



## C. Possible Contingency Measures

Replaces Page: 

# I Dated: Date ofHearing Page: 2 of 3 Page 56.12.7.4 (2) 

# -

## Volume IV Cha ter 56

STATE OF MONTANA Subject: Yellowstone County AIR QUALITY CONTROL Air Quality Control Program IMPLEMENTAnON PLAN YCAPC may choose one or more contingency measures to recommend to local officials and DEQ for consideration. YCAPC will select contingency measures designed to bringthe area back into compliance with the CONAAQS 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 ofNovember, December, and January (typically the months with the highest CO levels); • implementing a high pollution day, episodic woodburning curtailmentprogram; and/or • other emission control measures appropriate for the area that are yetto be defined.
D. Maintenance Plan Requirements 

# ,,­ Eight years after EPA redesignates the Billings areato attainment, the State commits to submit to EPA a revised maintenance plan that provides for maintenance ofthe CONAAQS for an additional 10 

## years afterthe expiration ofthe initial maintenance period (through 2012) covered by this maintenance plan.

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## 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 'NotClassified' 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. Forthe purpose ofthe LMP for Billings, the conformity issues are slightly differentthan in a full maintenance plan and are explained below. The transportation conformity rule ofNovember 24, 1993 (58 FR62 188) and the general conformity rule ofNovember 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 areas may be treated as essentially not constraining for the length ofthe initial maintenance 

# - period" ("Limited Maintenance Plan Option for Nonclassifiable CONonattainment Areas," memorandum from Joseph Paisie to the EPA Regional Air Branch Chiefs, October 6, 1995). Forgeneral conformity, all projects are considered to satisfy the "budgettest" 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 ofthe 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 subjectto the hotspot modeling requirements ofthe transportation conformity rule.

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## - - - 

## 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: 

# I Dated: Date ofHearing Page: 2 of 2 Page 56.12.7.5 (2)

### 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 ofAmendments to Yellowstone County's Air Pollution Control Program 09/24/1999 09/24/1999 10/12/2001 08/13/2001 

### 66 FR 42427

## Volume IV Chap Yellowstone County Air Pollution Con am

BEFORETHE BOARD OFENVIRONMENTAL REVIEW OFTHE STATE OF MONTANA 

# ---------_._-­ In the mlllteroftheapplication ofYellowstone Countyfor FINDINGSOFFACT, approval ofamendments to its CONCLUSIONS OFLAW local airpollutioncontrol AND ORDER program. 

# -----_._---­ BACKGROUND Yellowstone County (CO\Ulty) has filed an application with the Board ofEnvironmcnlal Review (Board), seeking approval ofamendments to its local air pollution control program ("the program"). AftcrpublicnDtice, theBoard conducted apublichearing 00theproposedamendmentson May 14. 1999. at the MetcalfBuilding. 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 Boardcontinued the hearing to Scptcmba" 24, 1999, toallow the Departmentand YellowstoneCounty toconsiderthe comments andtakeany appropriate action. On September24, 1999, theBoard

### resumed thebearinginthismatter. lhcDepartment and the County providedadditional testimony. 

### TheBoard provided all intcn:stedpersons 

### with an opportunity tobeheal'd at \he twopublic 

### meetings held by the Boardinthis

### matter. Based uponthc record inthis proceeding. the Board enters the following FindingsofFact, Conclusionsof

### Law and 

### Order:



## Page 56.9.2.6 (2) ated:

## STA

## TE 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 lintapproved by the Board's pmlecessor, the MontanaBoard ofHealth and Environmental Sciences. in 1969. 2. The County's program is known as the Yellowstone County Air Pollution Control program. The

## PlOpan' is WKluthedirectiooand control ofaCootrol Board. 3. 

### The CountyprogrameDCOinlpassesall**o(Ye~CoUIJty.** the CiticsolBillingulld Laurel and theTown ofBroad\liew. 4. In additionto other aUlhority delegated to theCounty. punuanl to §§ 75-2-301(4) and -402, MCA, the Board has delegated to the County cmcQlcncy powen over airpollUlaDl sources otherwise regulated by the Department, including those thai require: aD environmenlll1 impllCt sIalcmenl,that aresubjecllotheMajor facility Siting Aeland'orthaI havethepotential toemil 250 tons ayear or more ofany pollulaDt subject 10 regulation WIder the Clean Air Act ofMODlaDa, 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 ordisapproved the amended program. 6. The County seeks approval ofadditional amendments to the program. A copy ofthe program, as proposed to be amended. isattached tothis order ISExhibit 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

## Replaces Page: Chapter 56 

## STATE OF MONTANA AIR QUALITY CONT"LI.J.........-- Yellowstone County f'Dt-e:l!!llution 

## IMPLEMEN PLAN Control Ur;::lo'--ftreoraanizationofSlate natural resolll"l:c agem:ies) 1WIchanBcs 10 confonnthe: pwpamto reviuOll$ in statutesand NIcsimplcmcntc:d by the Dcpanmcnl 8. Theproposed lImcndrncnlS include deletion ofthe following regulations: a) Ambient airquality standards; b) !'reconstructionand operatingpermitrequimnents; c) RcstricliolU regardingparticulatecmissicms &om incinerators;

f d) Restrictions regarding particulateemissions &om industrial prvc:esscs; e) RcslrictioJ1) regarding airbomcpcIicuIate malta'; f) Resb'ictioas regllr'dingparticulaleemissions ftolQ fuel bumin& equipment; g) Restriclions rcgardiag visible airconlal1linants; h) Restrictions rqardillg$Ul1Ur ill f1Icl; i) Requirements regarding malfwx:tionsofairpollurioaconIrol cquipmCllI,process 

## ) equipment andprocesses that affectemissions; j) Restrictions reglUding**circ:um~tion** of dcIection of air cOnlaminants and creation of.public nuisance; k) Restrictions regarding removal oraJraationofair pollution control devices ill motorvehicles;
.. I) Rcquil'CDlClllS rqpuding Ic:sting of air contaminant sourc:cs and operation of continllD\lS emissionmoailors; m) Restrictions regarding S10rage ofpetroleumproducts; n) New source pcrfonnancestandards (NSPS); and 0) Emission slandards {or 1tazard0U5airpollulanlS (HAPs). 9. Theproposed amendments im:lude the following specifIC revisions:

3



## ae Page 56.9.2.6 (4)a) Amendments 10 open burningregulations, largely 10 conform to changes in Ihe Department's openbumina rules; and b) AIIIendmentofthe: EmetgencyEpisode Planto specify thar YellowstoneCounty. ratherthan the DepaItment as ill the past,now opcr.tes two continllllUS sulfur dioxidelIIOnitonconnected

### bY nwdem 10the Department's BillingsofflCC. 10. After publishilll aotiec to the public, the Bi1lings Cily Council, Broadview Town CO\lllCil1llld LaumCity 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 originalproposed amendmentsafter 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 oftbe. 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'smaterialcomments 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.inthat they WOlIidhave allowed 

### lIIl90ropenbwuingandcoadiW:mal opc:n buming

### dq the c:ntire**y~,** wb=as the DepanmcntruJe allows those types ofopen bwning only dwingthe months ofMarch through November, and c) That variow provisions ofthe emert\CRcy episode plan were less stringcnllhan the Department's emergencyepisode plan.

4



## Replaces Page:
Page56.9.2.6 (5)

## Yellowstone County

. Pollution Contro

14. On May 14.1999,the Board held 

### a public hearing to rake testimony on the proposed lIIl'lCIIdmentsand on submittal ofthe proposedrevised Countypl'OjJlllllo EPA forapproval into the StaleImplementation Plan(SIP). 0cpaI1mcnl sWI'and Steve DuprlZ. DiretlOrofthe YelloWS1Olle
. CountyAirPollutionConlrvl prollflllD,testified. No members ofthe public testified or submitted wrincn comments. 1S. Due 10 !beneedfor the Depa1Jncnl andCountytoconsiderEPA's comments I\Irthc:z' and tab:anynecessary action,the SOlII'd CllQtiDuedthe publichearinguntil Septembca- 24, 1999. 16. Afterpublisbingno'icetothepublic,lIIId a&rpublichearings, the Billings City Council, BroadviewTownCouncil and Law-el City Council.respectively. approved Ibr1hcramendments to the program, prvposcd in n:spoose toEPA'scomments. 17. Afterpublishing noticetothe public, and aftcI'apublic '-log,the Yellowstone County BoardofCountyCommissionersapprovedlVltberlIItIClIdmenta totheprogJ8lll, proposed in response 10EPA's comments. 18. OnAugust 1S. 1999.the HelenaIndepcudent Record andBillings Gazette, respedively. publishednotice lhatthe Board wouldagain conside1" the: COWlty'S application for approval ofthe amendments al a publichearing OQ Seplcmber24, 1999,819;008.m., inRoom 111 oCthe Metcalf Building, Helena, Montana. 19. Inresponse to EPA'scomments, lhe County hasrevised theopen burningprovisionsin SectionsF(3) and (4)oCReguialionNo, 2.10conform 10ARM 17.8.60S. 20. On July 8. 1997, the OepaItment subminc:d a revised Stale emergency episode planto EPA for approval jnlo the SIP. EPA has not approved ordisapprovedIhe plan.



## Replaces Page:
Page 56.9.2.6 (6) Dated:

## Chapter 56 

## STATE OF MONTANA AIR QUALITY**CO,~N"",""",,,,,** 

## b'ect: Yellowstone County ollution 

## IMPLEME N PLAN Control

21. The County'semergency episode plan include,provisions that may notbe

### 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 Stateplan. 23. The DepartmentlesIificd lhaslbcCounty ClIIeI:FDCYepisode 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 AirActofMontana, and rules adopted underthatAc:L 25. The proposedIIIDeIldmentstothe Cow1ty program do notmakethe County prognmmore stringeotthanthe companable slalclaw. Currently, RegulationOIO(C) requitts penonsconducting any type ofregulaled open burning 10 obuin anairquality openbumillg permit from IItc COlDlty. The comparable Department rule, ARM 17.8.606(1), specifics thatapermitis notrequired for minor

source open burning unless apermitisRqUiml undermolberprovision ofthe Department's open burning ruleL Howna-,the COWlty isDOtproposing amendments totheopenburning rcgulaliODS thaiwould makethe exi,ting**rcgulari~** more striJtgelltthanthe State opclI.bwniDglUles. 26. The County program provides for enforcement of its requiremcnls by appropriau: administrative IIIICIjudicial proCe5'eS. 27. The COWlty programprovides for adminisuativc organization, 'talT, flllllllCial resow-ca, and other resources necessary 10effectively and effic:ienlly carry out the program.

6



## Replaces Page:
Page 56.9.2.6 (7) ated:

## AIR QUALITY**CON~.",~** 

## IMPLEMENT PLAN STATE OF MONTANA

28. The Departmml should assume Ofmaincontroloveranyemission sourcesregulated by Ihc Clean Air Act of Montana for which Ihc COIIIlty's program does not provide rcquiremenlS compatiblewilb, more stringentthan Of" more extensiveIhanthose imposed by Ihc Clean AirActof Montanaorrules adopted under !hat Act 29. Implemenlationof!he County'sprogram, asproposed tobeamended. is not intended in BUY way ID interfere withmenlioDof jurisdictionby the Department overthose emissioa sources

30. Itis approprillle fortheCountytoCODtinue to beresponsible foremergenc:y powers,as provided in §7S-2-402. MCA, for all airpollutantsourcessubject 10the CleanAir ActofMontana. CONCLUSIONS OFLAW 1. Afterpublic hearinS. a municipality OrCOllDty may establ1sb and administera local air pollutioncontrolprogram iflbcprogram isconsisteDtwiththe CleanAirACI ofMontana,Title75. chapter 2. MCA. and is approved by !be Board. § 7$-1-J'1(1). MCA. The County held public heariDllJ priorto establishingthe prollJllll'. ISproposed to be amended. 2. for a COIIDty to establisha Ioc:a1 airpollution conttol pro&nIDl!hat =mpassa all or part ofa mWlidpaiity I the COWlty and each municipality must approve Ibc proarcun aftera public hearing. § 7$-2-301(1), MCf.. The Couoly 8DdeachmWlicipeJity cncolJl(lll5SCd by theYellowstone CountyproiPam have approved theprogramafternotices 10 the public andpublic 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 ofgeneral cirt:ulalion within the ami to be affected constilulcs proper nOlice. § 2-3-104(4). Met. Proper

7



## Page 56.9.2.6 (8)

## olume IV Chapter 

## STATE OF MONTANA AIR QUALITY'CONTROL IMPLEMENTA 

# no**...:11=S'l~~_1Y**

## ellowstone County 

## Airl'ntimUUl...­ Control

nouce andan opportunity 10 participalc in Ibis proceeding have been pl'Qvided 10 Ihe Department, the County and the public. 4. The Boardby "rdo:rmay approve a local airpollution conlrOl program that: a) provides by ordina.Dce or local law for lCCIuilallCllts compatible with. DIMe stringentthan,ormorecooensive than !hoseimposedby I§ 7S-2-203, 75-2-204. 7S-2-211.7S-2-212, 75-2-21S. 7S-2·217through 7S-2·219•.and 7S-2-402. MeA. andrules adopted WIder these sections; b)rprovides forthe enforeanentofrcquimnenls byappropriateadministralive IIIld

judicialprocesses; and c) provides f<lr lIdmiDistIative orpnizatioa, staff. (_ial resources, and other resources -.,. 10effectively &liddIiciClltly carry oullbcprogram. Set:tion**7S-~JDJ(J).** MCA. S. Withthe excepliooofthe CW1'CIl1emergencyepisode plan.theprogram requirements are compatible wirJl, more SlringCII( than, ormore extalSivedian die rcquitcmcnts oftheCleII1 AirAct ofMonlaDa. However. itis appropriate for the CoUllty towait to conform its emcJllCDCyepisode planuntil afterEPA has 8pp<OvedordisapprovedtheStde'srevised plan. 6. Theprogram m«1S lherequilemellts 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 Boardmay DOtapprovea local airquality ordinance orlawthat is more stringent than thecomparable stalelawunless the Board makes writlCII findings atl.cr• public bearing and public commentthallheproposed local ordinanc:torlaw prole<:ts public bca1thortheenvironmcm,
can mitigateharm to thepublic health orCI1vil'Qnmentand is achievable WIdercurrentIcchnotollY
.

. HB 52J is notapplicable 10the County's applkarioo for Board approval because tbeCounty is not

8



## Replaces Page:
Page 56.9.2.6 (9)

## V lume IV**Chaptteerr3io---~**


## LAN STATE OF MONTANA AIR QUALITY CONTRQ IMPLEMENTAT



# ) proposill8 IllyamcndmcDl:I thatwould make theCounty program more slrin&mtthan tbc Clean Air Al:tofMoDtanlIlIIldthe Nicsadopted lIIIderthatAct. 8. The Depanmcnt should

_ or maincoonlover lOysoun:e regulated by !he Clean AirActofMOQImab which tbc Countybas notprOvidfld for reqWrancnISthat 8RcompGltibie with !hose imposed by the Clean AirAdofMontanaBDdrules adopted II/lderthat Act. 9. EKcepl.for those emergcnc:y poWI:rSprovided bin §75-2-402. MCA, the Boanl I1CKdelc&*toalocalairpollulilllleonlI'OI

### procnun the IMbority toconnlany airpollution sopn:e
a) reqlliJes the

### JlI'eP8ndianof811awiJomnental impKtslalcmcutin IICCOJdBncewith Title75, chapter I.part2; b) is subjecttoregulation IIDdcrtheMoatanaMajorFacility Siting Act, .,provided inTitle75,<:baptcr20; or c) bas the polcDtialto emit 250 tons per yeaz 01' more ofany pollllWll subject to regII1alion lIDder the CIWI AirAct ofMontana. including fusilive anissions, WlIcsstheIIUlbDrityto control the source wudelegated prior 10lanll8tY 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 Boardbercby approvesthe Yellowstone COWlty Air Pollution Control projram. as prnposed to beamCllded in Elthibit A. 2. EKccpl for emeTgen<:y**powe~** the Department ofEnvironmental Qllalily shall relaiD control overthose air pollutant sour<:es listed in § 75-2·)01(4). MeA. 9



## Replaces Page: Page 56.9.2.6 (10)

## Yellowstone County**~-"''''lIution** 

## STATE OF MONTANA AIR QUALITY C OL IMPLEME ION PLAN Control r



# ) J. TheDepartmentofEnvironmenw Quality shall &SSWIIeorretain c:onlrol OVctanyother air pollutant sources regulated IUIdt:r the Clean Air Act ofMontana that are DOt c:ovcn:d by the YellowstoocCOIIDty prollJ'lllll. 4, YellowstoneCounty shall aJIlliDue 10beresponsible lorcmcrgeocy poMtS.as pmvIcIed' in § 75.2-402. MeA.reprdingall airpollutaDt SOIIlUS in Yellowstone County lba1 arc regulated IBId« die OeanAIrAdofMOIItlIIIL DA TIDthis clay pfScplaDbcr. 1999.

10



## Replaces Page:
Page 56.9.2.6 (11)

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

## 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 ofthe Proposed Revision of the State Implementation Plan forthe 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 ofFinal RuleDate Notice ofFinal Rule Citation Comments RuleText 01/25/78 09/06/79 09/06/79 44 FR 51977
01/25/78 09/06/79 44 FR 51977-**-=-:::-:.-".:-::"""":-~====.** __._"._-"-"­

1 

### 2 3 4 

### 5 6 7 8 9 10 11 

### 12 13 14 15 16 

### 17 18 19 20 

### 21 22 23 24
'!5 26 27 28 29 30 31 32

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,



# ..:1 II 

## II II 

# II !I 1 11 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 

### issueda 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 die

### 10 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 Crack

### 22 ing Unit, carl::on 

### 23 ---M::Jnoxi.de---­ Boiler 

### 24 Exxon 

### 760224-FG-4 continuing -51470 canbustion 

### 25 Units Exxon 

### 760224-FG-5 2/6/75 -51440 Coke Hand

### 26 ling and 

### 27 5torage 

### 28 Exxon Order 

### to Take 2/24/76 All of the Corrective al:ove 

### 29 Action Notices of Violation 

### 30 

## 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 -2­ 

# 1­

### 1 2 

### 3 

### 4 5 6 

### 7 8 

### 9 10 11 12 

### 13 14 

### 15 16 17 18 19 20 21 22 

### 23 24 

### 25 26 

### 27 28 

### 29 30 31 

### 32 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



# ..

### 1 2 3 4 

### 6 6 7 8 

### 9 10 11 12 13 14 

### 16 16 17 18 19 20 21 22 23 24 

### 26 26 

### 27 28 

### 29 30 31 

### 32 

# -
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 

# - -4­

### 1 2 3 4 5 6 7 8 9 10 

### 11 12 13 14 

### 15 16 17 18 19 20 21 22 23 24 

### 25 26 27 28 29 30 31 

### 32 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 challenge5



### 10

15



### 20

25

30

1 2 3 4



### 6 7 8 9



### 11 12 13 

### 14

16 17 18 

### U;

21 22 23 24

26 27 

### 28 29



### 31 32 

### 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 

### Sta

### ti.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 uriljfjcation 

### 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:



# -

### 5

10



### 15



### 20

25

30 

# ..

Approxinate Present Height r-bdified Height 2 

### Boiler N:l. 

### 3 100' 199' 3 1



### Boiler N:l. 4 

### 100' 199' Boiler N:l. 

### 5 100' 199' 4 

### 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 Depart

### trent 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".

II I J •• 

### -7­....**,_.,---",~~-~**



### 1 2 

### 3 4 5 6 

### 7 8 9 10 11 12 13 14 15 16 17 18 19 .20 21 22 

### 23 24 25 26 

### 27 28 29 

### 30 31 32 

# - .' 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 

### -8­

### 1 

### 2 3 4 5 6 

### 7 8 9 10 11 12 13 14 15 16 17 18 19 20· 

### 21 

### 22 23 24 25 

### 26 27 28 

### 29 30 31 

### 32 (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



### -9­ 1470.

### 5

10

20 15

25

30

1 

### 2 3 4

6 

### 7 8 

### 9

11 12 13 14



### 16 17 18 19

21 22 23 24

26 27 

### 28 29

31 32 

# - 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. 

# - T"IIIl.U', 

### -10­1 

### 2 3 4 5 6 

### 7 8 9 

### 10 11 12 13 14 

### 15 

### 16 17 

### 18 19 

### 20 21 22 

### 23 24 215 

### 26 27 28 29 

### 30 31· 

### 32 

# ...._.



### 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:

-11­

### 1 2 3 4 

### 5 6 

### 7 8 9 

### 10 

### 11 12 13 14 15 

### 16 17 

### 18 19 20 21 22 23 24 25 

### 26 

### 27 28 

### 29 30 31 32 

# - 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 emis

### sions 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



### -12­

### 5

10

15



### 20

25



### 30 ________**~_.'_ ~_**  __**~._"-.o=".....~.**

' ... ,...**-~,**... ' <,.' , . 

# , . =":'C·.-_·-.·



### 1 2 

### 3 4

6 

### 7 8 9

11 12 13 14

16 

### 17 18 19



### 21 22 23 24

26 27 

### 28 29

31 

### 32

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 tmi

### ts 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



### ......-.

### 1 2 

### 3 4 

### 15 6 

### 7 

### 8 9 10 

### 11 12 13 14 

### 15 16 17 18 19 20 

### 21 22 23 24 

### 215 26 27 28 

### 29 30 31 32

t .. "II.I'II.. 

# - forthat 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;i by 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



# ..

# .. ­



### 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 7 8 11 '1 '**_.~_.,;** _



### 12 13 14 

### 15 16 

### 17 18

20 21 22 23 24 

# rhrr;**51?,.J~77** 25 26 

# 6J1mr**~31** I 

# q

# 77
27 28 29 30 31 32

• 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



### II, z- t - 7 

## 7 19**I\_~-'--""::"""'----'-....L-** _ 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

### 5

10



### 15

20

25

30 

# -

1 

### 2 11---.:.:......-:........:..-'---­ 

## B.**BI.Ct1EYER~** 3 4

6 7 

### 8 9

11 

### 12 13 14

16 17 

### 18 19

21 22 23 24

26 

### 27 28 29

31 32

"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

# [PAGE LEFT BLANK INTENTIONALLY FOR PAGINATION]

### 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 ofthe 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

### 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

### 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

### 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



### -3­State Montana State Agency Department of Environmental Quality Affected Area Yellowstone County Regulation Sulfur Dioxide
- Board Orders, Stipulations, Exhibits and Attachments Rule Number Montana PowerJune 12. 1998 ExhibitA Rule 

### Title Emission Limitations and Other Conditions State Effective Date 06/12/1998 StateAdoption Date 06/12/1998

EPA Effective Date 06/03/2002 Notice ofFinal Rule Date 05/02/2002 Notice of Final Rule Citation 67 FR 22168 Comments 

### Rule: 

# 9;**~** MTYellowstoneCountv-M;>ntana PowerJune 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: 1of 19 Page 56.9.4.4 (1)

## 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 ofBillings adjacent to the Yellowstone River. The plants are located in Yellowstone County, Township 1 South, Range 26 East, center ofSection 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 ofS02 emitted in a calendar year, expressed in poundsper 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 (T

### s • T) 

### T

s 

## Replace Pages:
Page: 2 of 19 Page 56.9.4.4 (2)

## STATE OF MONTANA 

## Sub' owstone County 

## AIR QUALITY CONTROL 'f

## Pollution 

## IMPLEMENTATION PL ControI I'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) orbackup 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 DC (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 Duringplant 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 ofARM 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. Wheneverthe 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 itselfmeets the specifications, operating requirements, and quality assurance and control requirements ofSection 6 and Section 2(A)(8) and is designed to achieve a temporal sampling resolution ofat 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 ofSection 6 and Section 2(A)(6 and 8). 

## Replace Pages:
Page: 3 of 

## 19 Page 56.9.4.4 (3)

## V'olume IV**Chap,fite;rr~--**

## __ s one County**LIi~~JIllti** 

## on 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 OFMONTANA 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 ofthe 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 ofCalendar 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 ofconsecutive Calendar Daysduring which one or more hours ofthe stack parameters "V" and/or"Ts" are unavailable. The applicable "look-back" period begins with the CalendarDay 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 ofCalendarDays equal to the number ofCalendar Days during which one or more hours ofthe 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 ofCalendar Day January 3rd, the look-back period would be one CalendarDay

- in this case January 2nd; for each hour ofCalendar Day January 4th, the look-back period would be two Calendar Days

- in this case January 1st and January 2nd; for the 1st hour ofCalendar 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 BuoyancyFlux 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 itselfor in combination with the primary CEMS meets the specifications, operating requirements, and quality assurance and control requirements ofSection 6 and Section 2(A)(6 and 

### 8). TheBuoyancy 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)


# -

## umelY. Chapter 56



## STATE OFMONTANA**:::l=::sa~CL** 

## YellowstoneCounty 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 ofboth 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 12:00midnight, 24 hours later. (5) "Clock Hour" means one twenty-fourth (1/24) ofa Calendar Day and refers to any ofthe standard 60-minute periods in a day which are generally identified and separated on a clock by the whole numbers onethrough twelve. (6) "Continuous Emission Monitoring System (CEMS)" means all equipment necessary to obtain an Hourly S02Emission Rate, provided each S02 concentration and stack gas volumetric flow rate monitor is designed to achieve a temporal sampling resolution ofat 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 ofS02 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 ofeight non-overlapping 3-hour periods. TheThree 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 ofall 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 ofthe above definition, an Hourly Average may be determined with two (2) Valid and complete IS-minute data blocks. for two ofthe 24 hours in any Calendar Day. 

## Replace Pages:
Page: 5 of 19 Page 56.9.4.4 (5)

# --- -

. olume IV Chapter

temperaturemonitor, and stack gas flow rate monitor shall have a minimum ofone (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 ofSOl emissions from a stack determined usingHourly Averages and rounded to the nearest one tenth ofa pound. For stack systems, S02 concentrations shall be measured in pans permillion (PPM) on either a wet ordry basis. (a) Ifthe 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 pound; 

# - 1.663 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) Ifthe 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 ofthe stack gases ordetermine the moisture content ofthe stack gases continuously (oron 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 perhour and rounded to the nearest tenth ofa 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 IMPLEMENTA TIOl'1..-1'=11.1'1



## Dat
Page: 6 of 19 Replace Pages:



## Page 56.9.4.4 (6)


# -

## 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 ofhours 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 ofhours ofHourly SOl Emission Rate data that are also stack Operating hours in a calendar quarter; OH= total numberofstack 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 ofSOl emitted in each ofthe eight non-overlapping three hour periods in a Calendar Day, expressed in pounds androunded 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)

## Volume IV

which meets the applicable specifications, operating requirements and quality assurance and control requirements ofSection 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, theThree Hour Average Buoyancy Flux (F) ofthe exhaust 

### gas that is emitted from the main boiler stack (J.E. Corette). (ii) ThreeHour Emissions of

### 502 in pounds of

### 502 per three hours from the main boiler shall not exceed the value oftheThree 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 ofthe Three Hour Emission Limitations,**~EL'** for the eight non-overlapping three hour periods in a CalendarDay. (iv) Annual Emissions ofSOzfrom 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 m 4/sec). Buoyancy Flux shall not exceed 448.57 m'/sec) at any time. 

## STATE OFMONTANA owstone County AirPollution**~""U"'-""..!-** 

## rogram

. . {I 4) "Valid" means datathat is obtained from a monitor ormeter serving 

### as a component ofthe CEMS 

## AIR QUALITYCONTROL IMPLEMENTA**TION-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 Section2(A)(I), (3), (7), (9), and (13), except when CEMS data is not available as provided in Sections2 (A)(3) and (13). Although the CEMS data is the method ofdemonstrating 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) Forquarters in which Operating hours are reduced (short quarters), a deteimination ofwhether MPC has violated the Quarterly DataRecovery Rate (QDRR) requirements in Section 6(A)(2)(b) \**-=s:.:h=al~li.nclude** consideration ofwhether 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 ifnecessary, long term corrective measures to accomplish, as expeditiously as practicable, either: (a) correction ofthe failure; or (b) development, installation (ifnecessary), testing, maintenance, and operation ofa new CEMS or appropriate replacement portions ofthe affected CEMS.

EMISSION TESTING In orderto accurately determine the sulfurdioxide 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 Departmentand 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 ofsulfur dioxide. MPC shall notify the Department in writing ofeach annual source test a minimum oftwenty-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, orfire; but do not include failures ofany monitoring or metering equipment or associated data acquisition equipment unless such failures meetthe following conditions: (a) priorto the failure, the equipment was installed, operated, and maintained in accordance with the requirements ofSection 6; 

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# -

## STATE OF MONTANA 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 ofoccurrence, MPC notifies the Department's Permitting and Compliance Division by telephone ofthe occurrence ofUnusual Circumstances, as definedherein; 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 QDRRrequirements 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 orby reduced Operating hours as provided in Section 4(C)(2): (i) for the main boiler stack CEMS, MPC shall achieve aQDRR ofequal 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 ofwhether MPC used best efforts to achieve the highest QDRR technically feasible, the Department will consider: (i) the design capabilities ofthe CEMS, and whether: (ii) MPC has properly operated and maintained the CEMS, including the maintenance ofan 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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# -

STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLA

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 themain 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 ofthe Buoyancy Flux monitoring requirements contained in this document (whicheverdate 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 ofobtaining and recording stack parameters to determine "V" and/or "Ts" in the event ofthe failure ofthe primary temperature and t10wrate monitoring system which is a component ofthe 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 ofcompliance 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 ofrecording "Ts" and pitot tube differential pressure, or (b) a data loggercapable ofrecording '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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## D

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# -

## Volume IV**~+,"""UUJ'** 

## ect: Yellowstone County 

## =::::-:::=­ Air Pollution**~OfttroJ..XProgram** 

## STATE OF MONTAN AIR QUALITY CONTROL IMPLEMENTA TIOl'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 ofthe daily zero/spans per calendar week must be conducted using certified calibration gas. (2) MPC shall notify the Departmentin writingofeach 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 40CFR Part 75, Appendices A and B; and (b) be subject to and meet the quality assurance and quality control requirements of40 CFR Part 75, Appendices A and B and the additional requirements ofDepartment Method B·l ofAttachment 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 ofthe end ofeach 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 ofboth 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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# - Volume 

## IV Cha 

## 6

(b) Hourly Average stack volumetric flow rates in SCFH from the main boiler stack;



## STATE OFMONTANA 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 ofsummarized 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 offive years: (a) Three Hour Emission Limitations for 

### SOz from the main boiler stack; (b) Three HourEmissions of

### SOz from the main boiler stack; (c) Daily Emissions 

### ofSOzin pounds per Calendar Day from the main boiler stack; (d) Daily Emission Limitations for 

### SOz from the main boiler stack; (e) the Quarterly DataRecovery 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 counttowards 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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# ­

## Vol IV Chapter 5



## STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN

(g) the date and time identifying each period ofcontinuous monitoring system downtime during the reporting period, including quality control and quality assurance checks, and the nature ofsystem repairs or adjustments; (h) the results ofthe 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 sourcetests 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 orunit with excess emissions and include the following information in a report submittal as specified in Section 7(A): (a) total hours ofOperation with excess emissions, the Hourly 502Emission Rates, the Three Hour Emissions, theThree 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 ofthe Department, EPA or Yellowstone County Air Pollution Control, MPC shall provide Hourly S02 Emissions Rate data for any prior day not covered by the latestquarterly report from the main boiler stack. (E) By JanUal)' I, 2000, the Department shall reevaluate the reporting requirements ofthis Section and determine ifrevisions are necessary ordesirable. The purpose ofthe reevaluation is to determine ifthe reporting requirements should be modified to more closely meet the informational needs ofthe 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 afterconsultation with MPC, consideration ofthe number and type ofdata requests made by the public, and the Department's emission inventol)' and compliance needs.



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## STATE OF MONTANA AIR QUALITYCONTROL IMPLEMENTATIO.DH:''1::;.t\,l'l

SECTION 8, ADp!IlONAL REOUIREMENTS AND CONDITIONS Except as otherwise provided herein, nothing in this Stipulation, Exhibit A, orAttachment #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 ofensuring 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), orobserve any monitoring ortesting, 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 certaintrade secret information as confidential and not a matter ofpublic record. IfMPC claims that certain information is 

# ­ entitled to trade secret protection, the Department shall maintain such information as confidential pending issuance ofa court order under Section 75-2-105, MCA, provided that MPC initiate such court action within 14 days ofdelivering the information to the Department. (B) Enforcement

- Any violation ofa limitation, condition, orother requirement contained herein ("Stipulation Requirement") constitutes grounds forjudicial oradministrative enforcement action. Ifthe incident causing the violation would also form the basis ofa violation ofARM Title 17, Chapter 8, orofTitle 75, Chapter 2, MCA, the Department shall not count the violation ofthe Stipulation Requirement as an additional or separate violation incident for penalty calculation and assessment purposes.



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## IV

s one County Air Pollution STATE OF MONTANA 

## AIR QUALITY CONTROL IMPLEMENTATION

ATTACHMENT 

## 1 Chapter

ADDITIONAL PERFORMANCE SPECIFICATIONS FOR STACKFLOW RATE MONITORS

.. ' 

## METHODB-l ADDITIONAL ONGOING QUALITY ASSURANCE AND QUALITYCONTROL REQUIREMENTS FORIN-STACKANDIN-DUCT FLOW MONITORS

1.0 FREQUENCY OF FLOW MONITORTESTING 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 FlowMonitor Assessments For each flow monitor, conduct a quarterly stack velocity and flow rate checkby performing a velocity traverse and visual inspection ofthe annubar system. Perfonn the following assessments during each calendar quarter in whichthe 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 TestAudits may substitute for the quarterly single velocity traverse checks. 1.1.1 Flow Monitor Flow Rate Check Onceduring each operating quarter and for each flow monitor, perfonn a flow rate check by completing a single velocity traverse, calculatingthe associated average flow rate, and comparing the average flow withthe concurrent flow measured bythe continuous flow monitor. The flow rate check shall be performed at normal operating rates orload level. The flow rate check shall be performed in accordance with 40 CFRPart 

## 75, Appendix A, Section 6.0 as appropriate for a singletraverse. The difference (PD)between the average flow rate determined Replace Pages:
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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 orderto demonstrate compliance with the 15% (10% after January 1,2000) difference or 15% (10 % afterJanuary 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 FRare on a consistentmoisture basis. 

# -

, ' 

## lfthe Relative Accuracy ofthe latest semiannual or annual Relative Accuracy TestAudit (RATA) conducted pursuant to 40 CFRPart 60, Appendix B, Section 2.3 is less than 10%, the single velocity traverse flow rate check may be discontinued. However, iffuture RAT**A~** 

## indicate a Relative Accuracy of 10% or greater, performance ofthe single velocity traverse flow rate check shall resume. 1.1.2 FlowMonitor Out-of-Control Period An out-of-control period occurs when a flow monitor fails the quarterly flow rate check (the difference betweenthe 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 withthe hour ofthe failed flow rate check orvisual inspection and ends with the hour ofa satisfactory flow rate check, RATA, or correction ofthe damage or Replace Pages:

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## of 19



# -

## Volu V. 

## ty AIR QUALITY CONTROL IMPLEMENTATION P Chapter 56

STATE OF MONTANA

improperly operating annuharflow 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 ofAnnubar 

## x System

1 

## The owner/operatorhas an option to perform a RATA ifthe quarterly flow rate check (single traverse) fails specifications. In addition, ifthe Relative Accuracy detemiined by the latest RATA is less than 10%, the quarterly single velocity traverse flow rate check may be discontinued. However, iffuture RATAs indicate a Relative Accuracy of 10% or greater, performance ofthe quarterly single velocity traverse flow rate check shall resume.

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