STATE OF MONTANA 

AIR QUALITY CVUl-~"'L

IMP ION PLAN 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
 

OF THE STATE OF MONTANA
 

In the Matter of the Application of ) 

Lincoln County for ) MEMORANDUM 

Approval of Amendments to ) AND ORDER 

Its Local Air Pollution ) 

Control Program. ) 

MEMORANDUM 

1. Lincoln County (the County) has filed an application with the Board of Environmental Review 

(Board) seeking approval of amendments to the County's local air pollution control program. The Board 

conducted a public hearing to consider the County's application at the Board's public meeting on March 23, 

2005, in Helena, Montana. 

2. The County operates a local air pol1ution control program approved by the Board. The program 

was first approved by the Board's predecessor, ~e Montana Board of Health and Environmental Sciences 

(BHES), on November 15, 1991. Revisions to the program have been approved over the years by BHES and 

the Board, with the most recent revisions being approved by the Board on February I, 1996. 

3. The program is known as the Lincoln County Air Pol1ution Control Program (the Program). 

4. Except as otherwise specified in the Program, the Program encompasses the Air Pollution 

Control Dismct, as defined in the Program, including the City ofLibby and surrounding area. 

5. The County seeks approval of amendments to the Program. A copy of the Program 

regulations is attached to this Order as Exhibit A. 

~R~e~p~la:c:e~s~p~ag:e:s::~==::~~~;;;JDatpd' ..MilFSR 23, 2006 -========----==="""""P~aa;g~e;+:~1c;o;jfJzC==__ Page 27.2.8 (1) 
8TATE OF MONTANA 

AIR QUALITY CO~"T'J'"

1M ION PLAN 

Lincoln County 

I n 

Control Program 

6. The amendments include: 

(a) Changes in general structure, including rearrangement of subchapters and paragraphs 

within subchapters, grammatical revisions, and updates to references for internal and external citations. 

(b) Revisions to General Provisions in Subchapter 1 including the revision of intent, 

scope, contingency measures, enforceability, and conflict of ordinance provisions. 

(c) Revision of defInitions in Subchapter 1. 

(d) Revisions to Solid Fuel Burning Device Regulations in Subchapter 2, including 

revisions in intent, scope, and effective date provisions; revisions to defInitions; revisions to require 

pennits for woodstoves meeting certain emission limits and to prohibit installation and operation of 

woodstoves that exceed certain emission limits; revisions to air pollution alert ambient levels and 

restrictions to woodstove operation during an air pollution alert; revisions to increase penalty 

assessments; revisions to restrict woodstove burning to pellet devices as the contingency measure. 

(e) Revisions to Dust Control Regulations in Subchapter 3, including revisions in intent; 

revisions to scope and effective date provisions; revisions to definitions, revisions to require the 

exclusive use of de-icer and to restrict sanding to emergency situations; revisions to require the use of 

reasonably available control technology in removing carry-on or other road accumulations to minimize 

fugitive dust from roads; revisions to require owners of commercial lots to clean approaches to roads; 

revisions to require testing of applied road materials; revisions to require a system of street sweeping; 

revisions to enlarge the Regulated Road Sanding and Sweeping District to encompass the Air Pollution 

Control District as a contingency measure. 

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Page 27.2.8 (2) 
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STATE OF MONTANA ;::::;=-<fSybj'.eJct: Lincoln County 

AIR QUALITY COM:l=Rfr 

1M ION PLAN 

n 

Control Progra 

(f) Revisions to Outdoor Burning Regulations in Subchapter 4, including revisions in intent, 

revisions to scope and effective date provisions; revisions to prohibit burning certain materials; revisions to 

restrict periods when outdoor burning is allowed; revisions to eliminate trade waste and Christmas tree burning; 

revisions to provisions for fuefighter training burning, commercial film production burning, fuel hazard 

reduction burning, and licensed landfill burning; revisions to create provisions for management burning and 

permits for residential burning; revisions to the defmed geographic areas and time periods subject to regulation; 

and revisions to general compliance and permitting requirements. 

7, After publishing notice to the public, and after public hearing, the Lincoln County 

,..-. COnmllssioners and Libby City Council approved the Program amendments on February 27, 2006. 

8. Under Section 7-5-105, MCA, the local ordinances approving the Program amendments 

become effective 30 days after second and fmal adoption. 

9. The Program, as proposed to be amended, would provide for requirements compatible with 

those imposed by the Clean Air Act of Montana and rules adopted under that act. 

10. The proposed amendments would make the Program more stringent than comparable state or 

federal air quality regulations or guidelines in the following respects: Provisions in Program rules under 

Subchapter 4 regarding outdoor burning regulations contain more restrictions for conducting outdoor burning 

activities than comparable state rules. 

II. The Lincoln County Commission and Libby City Council provided the opportunity for public 

conunent, held a hearing, and made a written fmding, after the hearing and comment period, that Subchapter 4 

provisions for outdoor burning protect public health or the 

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Page 27.2.8 (3) 
Control Program 

::;::;:-C:::::::"N;~~~ Lincoln County 

Ir 

STATE OF MONTANA 

AIR QUALITY 

IMP ATION PLAN 

environment of the area, can mitigate harm to the public health or the environment, and are achievable with current 

technology. The wrillen finding referenced peer-reviewed scientific studies supporting the findings and a statement 

regarding costs to the regulated community. The finding was included as part of the public hearing record. 

12. The Program, as proposed to be amended, would provide for enforcement of its requirements 

by appropriate administrative and judicial processes. 

13. The Program, as proposed to be amended, would provide for administrative organization, 

staff, fmancial resources, and other resources necessary to effectively and efficiently carry out the Program. 

14. Implementation of the Program, as proposed to be amended, is not intended in any way to 

interfere with retention ofjurisdiction by the Montana Department of Environmental Quality over those 

emission sources and activities not expressly subject to County jurisdiction. 

15. Under Section 75-2-301(1), MCA, a municipality or county may establish and administer a 

local air pollution control program if the program is consistent with the Clean Air Act ofMontana and is 

approved by the Board. 

16. Under Section 75-2-301 (1) and (2), MCA, if a local air pollution control program proposed by 

a county would encompass all or part of a municipality, the county and each municipality must approve the 

program after a public hearing. 

17. Under Section 75-2-301(3)(a), the Board, by order, may approve a local air pollution control 

program that: 

(a) provides by ordinance or local law for requirements compatible with, more stringent than, or 

more extensive than those imposed by Sections 75-2-203, 75-2-204, 75-2-211, 75-2-212, 75-2-215, 75-2-217 

through 75-2-219, and 75-2-402, MCA, and rules adopted under those sections; 

f3age: 4 of 7 

Page 27.2.8 (4) 
STATE OF MONTANA 

AIR QUALITY CO·MJ,l~~

IMP ION PLAN 

Lincoln County 

n 

Control Program 

(b) provides for enforcement ofrequirements by appropriate administrative and judicial 

processes; and 

(c) provides for administrative organization, staff, financial resources, and other resources 

necessary to effectively and efficiently carry out the program. 

18. The Program satisfies the requirements for Board approval set forth in Section 

75-2-30l(3)(a), MCA. 

19. Under Section 75-2-301 (4)(a), MeA, the Board, by order, may approve a local air pollution control 

program rule, ordinance, or local law that is more stringent than comparable state or federal regulations or guidelines only if. 

(a) a public hearing is held; 

(b) public comment is al1owed; and 

(c) the Board or local air pol1ution control program makes a written fmding after the public 

hearing and comment period that is based on evidence in the record that the proposed local standard or 

requirement: 

(i) protects public health or the environment of the area; 

(ii) can mitigate harm to the public health or the environment; and 

(iii) is achievable with current technology. 

20. Under Section 75-2-301 (4)(b), MCA, the written finding required under Section 75-2­

30 I(4)(a), MCA, must reference information and peer-reviewed scientific studies contained in the record that 

form the basis for the Board's or the local air pol1ution control program's conclusion. The written finding must 

also include infonnation from the hearing record regarding costs to the regulated community that are directly 

attributable to the proposed local standard or requirement. 

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Page 27.2.8 (5) 
Cha ter 27 

STATE OF MONTANA 

AIR QUALITY COOJ:R€r~

Lincoln County 

ion 

IMP ION PLAN Control Progra 

21. The written fmding of the Lincoln County Commission and Libby City Council 

satisfies the requirements of Section 75-2-301 (4), MCA. 

22. Adequate notice to the public and the oppornmity for public participation has been provided 

in accordance with Title 2, chapter 3, part I, MCA. 

23. Pursuant to Section 75-2-301(13)(b), MCA, at least 30 days prior to adoption of the Program 

amendments the County and the City of Libby gave written public notice of their intended action, and the 

notices met the requirements of Section 75-2-301(13)(c), MCA. 

24. Pursuant to Section 75-2-301(13)(e), MCA, at least 30 days prior to adoption of the Program 

amendments, copies of the proposed Program amendments were mailed to all persons on the interested persons 

list maintained by the County under Section 75-2-301(13)(a), MCA. 

25. Pursuant to Section 75-2-301(13)(g), MCA, the County prepared written responses to all 

comments submitted in writing or presented at the local public hearings on the proposed Program amendments. 

26. The County will inform all persons who submitted written comments or attended the local 

public hearings of the fmal action on the proposed Program amendments. 

ORDER 

1. The Board hereby approves amendment of the Lincoln County Air Pollution Control Program, 

as set forth in Exhibit A, contingent and effective upon expiration of the 30-day period for each local ordinance 

to become effective, as provided under Section 7-5-105, MCA. 

Macel:! 

Replaces 

23, 2606 

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Cha 

STATE OF MONTANA 

AIR QUALITY C 

IMP TION PLAN 

Lincoln County 

on 

Control PrograrTI~--

6 that docwnentation to tbe original of this Order and shall provide a c,op;, of the Order with the 

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documcDtation of local approval 10 the Deparuncr.t of EnvironmenLll Quality's Air Resow«s 

Maoagement Bureau County Air Pollution Control Program Coordinator. 

3. The County shall inform all pe'<Sons who submitted "Titlen commentS or "tteDded 

the local public hearings of the final action on the proposed Program ameDdmen15. 

4 The Deparunent shall retain cnnrrol Over any air pollutant sources regulated under 

the Clean Air Act of ~Iont:ma that are 001 cO>'crcd by the Lincoln COUllty Air Pollution ConlIol 

Progr.nn 

. ;01­ D.\TEDth.isLdayof 

BOARD OF Di-V 

/ 

, .. /1 

By: 

:\'ID10RA.'fDU.\I.\..'lD ORDER PAGE; 

\~iithin ten (I G) ca;encJ.I day') ~f:er '~;:':Iill:on of the 30-..:i~: debyed er1:cti"e 

paiod r~quired emder Secrior. 7·5·105, I-IC.-\. th" ChidF.xecuti>e Off:oer of the Uncoin Counr!" 

Health Departmer.t, or his/her represencauve, shaH noti~: the Board of the sTJtllS of 10<;01 

approval of the Program arr.endments and shall submit documentation :hat the ?rogr:un 

amendment:; have become efi'ective on the local level. The Secrerary oftbe Bo""d shall attach