### STATE OF MONTANA AIR QUALITY**CVUl-~"'L** 

### IMP ION PLAN

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF MONTANA
Inthe Matter ofthe Application of ) Lincoln County for ) 

### MEMORANDUM Approval ofAmendments to ) 

### AND ORDER Its Local Air Pollution ) Control Program. )


### MEMORANDUM 

### 1. Lincoln County (the County) has filed an application with the Board ofEnvironmental Review (Board) seeking approval ofamendments to the County's local airpollution 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 bythe Board. The program
was first approved by the Board's predecessor,**~e** 

### Montana Board ofHealth and Environmental Sciences (BHES), on November 15, 1991. Revisions to the programhave been approved over the years byBHES and the Board, with the most recent revisions being approved bythe Board onFebruary I, 1996. 3. The programis known as the Lincoln County Air Pol1ution Control Program (the Program). 4. Except as otherwise specified in the Program, the Programencompasses the Air Pollution Control Dismct, as defined in the Program, including the City ofLibby and surrounding area. 5. The County seeks approval ofamendments to the Program. A copy ofthe 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

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### 8TATE OF MONTANA AIR QUALITY**CO~"T'J'"** 

### 1M ION PLAN Lincoln County I 

### n Control Program

6. The amendments include: (a) Changes ingeneral structure, including rearrangement ofsubchapters and paragraphs within subchapters, grammatical revisions, and updates to references for internal and external citations. (b) Revisions to General Provisions in Subchapter 1including the revision ofintent, scope, contingency measures, enforceability, and conflict ofordinance provisions. (c) Revision ofdefInitions 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 ofde-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 ofcommercial lots to clean approaches to roads; revisions to require testing ofapplied road materials; revisions to require a system ofstreet sweeping; revisions to enlarge the Regulated Road Sanding and Sweeping District to encompass the Air Pollution ControlDistrict as a contingency measure. 

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### 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 prohibitburning certain materials; revisions to restrict periods when outdoorburning 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 createprovisions 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 onFebruary 27, 2006. 8. Under Section 7-5-105, MCA, the local ordinances approving the Programamendments 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 ofMontana andrules adopted under that act. 10. The proposed amendments would make the Programmore stringent 

### than comparable state or federal air quality regulations or guidelines in the following respects: Provisions in Programrules under Subchapter4 regarding outdoorburningregulations 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 outdoorburning protectpublic health or the

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March 23, 

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### Control Program

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### Ir STATE OF MONTANA AIR QUALITY IMP ATION PLAN

environment ofthe 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 ofthe public hearing record. 

### 12. The Program, as proposed to be amended, would provide for enforcement ofits requirements by appropriate administrative andjudicialprocesses. 13. The Program, as proposed to be amended, would provide for administrative organization, staff, fmancial resources, and otherresources necessary to effectively and efficiently carry out the Program. 14. Implementation ofthe Program, as proposed to be amended, is not intended in any way to interfere with retention of jurisdictionbythe Montana Department ofEnvironmental Quality over those emission sources and activities not expressly subject to Countyjurisdiction. 15. Under Section 75-2-301(1), MCA, a municipality or county may establish and administer a local air pollution control program ifthe 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 ofa 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;



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### STATE OF MONTANA AIR QUALITY**CO·MJ,l~~** 

### IMP ION PLAN Lincoln County 

## n Control Program
(b) provides for enforcement ofrequirements by appropriate administrative andjudicial 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 alocal 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 airpol1ution control programmakes a written fmding after the public hearing and commentperiod that is based on evidence in the record that the proposed local standard or requirement: (i) protects public health or the environment ofthe area; (ii) can mitigate harmto the public health or the environment; and (iii) is achievable with currenttechnology. 20. Under Section75-2-301(4)(b), MCA, the written finding required under Section75-2­ 30I(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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## STATE OF MONTANA AIR QUALITY**COOJ:R€r~** 

### Lincoln County ion 

## IMP ION PLAN Control Progra

21. The written fmding ofthe Lincoln County Commission and Libby City Council satisfies the requirements ofSection 75-2-301(4), MCA. 22. Adequate notice to the public and the oppornmity for public participation has beenprovided 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 ofthe Program amendments the County and the City ofLibby gave written public notice oftheir intended action, and the notices met the requirements ofSection 75-2-301(13)(c), MCA. 24. Pursuant to Section75-2-301(13)(e), MCA, at least 30 days prior to adoption ofthe Program amendments, copies ofthe proposed Programamendments were mailed to all persons on the interested persons list maintained by the Countyunder 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 orpresented at the local public hearings on the proposed Program amendments. 26. The County will informall persons who submitted written comments or attended the local public hearings ofthe fmal action on the proposed Program amendments. ORDER 1. The Boardhereby approves amendment ofthe Lincoln County Air Pollution Control Program,
as set forth in Exhibit A, contingent and effective upon expiration ofthe 30-dayperiod for each local ordinance to become effective, as provided under Section 7-5-105, MCA.



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## o Cha STATE OF MONTANA AIR QUALITY C IMP TION PLAN Lincoln County on Control**PrograrTI~--**

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

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24 documcDtation oflocal approval 10 the Deparuncr.t ofEnvironmenLll 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 ofthe final action onthe proposed Program ameDdmen15. 4 The Deparunent shall retain cnnrrol Overany airpollutant sources regulated under the Clean Air Act of**~Iont:ma** that are 001 cO>'crcd bythe Lincoln COUllty Air Pollution ConlIol Progr.nn



# .;01­ D.\TEDth.isLdayof
BOARD OFDi-V /

, ../1 By:

:\'ID10RA.'fDU.\I.\..'lD ORDER PAGE;**\~iithin** ten (IG) ca;encJ.I day')**~f:er '~;:':Iill:on**  ofthe**30-..:i~:** debyed er1:cti"e paiod**r~quired** emder Secrior. 7·5·105, I-IC.-\. th" ChidF.xecuti>e Off:oer ofthe Uncoin Counr!" Health Departmer.t, or his/her represencauve, shaH**noti~:** the Board ofthe sTJtllS of10<;01 approval ofthe 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