OFFICE OF THE GOVERNOR 

STATE OF MONTANA 

JUDY MARTZ 

GOVERNOR 

STATE CAPITOL 

PO Box 200801 

HELENA, MONTANA 59620-0801 

March 9, 2004 

Robert E . Roberts 

Regional Administrator 

USEPA, Region 8 

999 18th Street, Suite 300 

Denver, Colorado 80202-2466 

Dear Mr. Roberts: 

Montana is submitting revisions to its State Implementation Plan (SIP) . This submission 

contains amended rules adopted by the Montana Board of Environmental Review on 

September 26, 2003 . 

This submission contains revisions to the following rules: ARM 17.8 .749, 17.8 .759, 

17 .8 .763, and 17.8 .764 regarding the issuance of Montana air quality permits . 

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

51 Appendix V . Also enclosed are two copies of SIP narrative replacement pages. If you 

should have any questions concerning the contents of this submission, please direct them 

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

Enc. 

RECEIVED 

MAR 1 5 2004 

P~SFPA RA'S OFFICE 

TELEPHONE: (406) 444-3111 FAx: (406) 444-4151 
STATE OF MONTANA 

SIP NARRATIVE REPLACEMENT PAGES 

ARM: 

17.8.749 17.8.763 

17.8.759 17.8.764 

Date of final adoption by the Montana Board of Environmental Review: 

September 26, 2003 
Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17 .8 .749 ENVIRONMENTAL QUALITY 

(5) In a Montana air quality permit, the department shall identify those conditions that 

are derived from state law, and are not derived from the Federal Clean Air Act, 42 U.S.C. 7401, 

et seq., the Montana state implementation plan, or other federal air quality requirements . 

Compliance with these conditions is not required by the state implementation plan, and is not 

necessary for attainment or maintenance of federal ambient air quality standards . These 

conditions must be identified in the permit as "state-only," and are not intended by the 

department to be enforceable under federal law. 

(6) Nothing in this subchapter obligates the department to issue a Montana air quality 

permit . The department may subsequently order cessation of initial construction activities, decide 

not to issue the permit, or issue a permit that diminishes or renders useless the value of work 

completed prior to permit issuance . 

(7) If the department denies an application for a Montana air quality permit it shall notify 

the applicant in writing of the reasons for the permit denial and advise the applicant of the right 

to appeal the department's decision to the board as provided in 75-2-211, MCA. 

(8) If the department denies an application for a Montana air quality permit, it may not 

accept any further air quality permit application from the owner or operator for that project for 

which the permit was sought until: 

(a) the time for requesting a hearing before the board has expired; or 

(b) if a hearing before the board is requested, the board has issued a final decision in the 

matter; or 

(c) the applicant has submitted additional information in writing that adequately 

addresses the reasons for denial . (History: 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; 

NEW, 2002 MAR p. 3567, Eff. 12/27/02 ; AMD, 2003 MAR p. 2272, Eff. 10/17/03 .) 

Rules 17.8 .750 and 17.8 .751 reserved 

NEXT PAGE IS 17-443 

17-440 12/31/03 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: 9.2 .2 .7 (15) 1 Dated: December 6, 2002 

September 26, 2003 Page: 15 of 30 

Page 9 .2 .2 .7 (15) 
Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17 .8 .762 

(b) the date by which all comments on the preliminary determination must be submitted in writing, which 

must be within: 

(i) 30 days after the notice is mailed for applications subject to the federal air permitting provisions of 42 

U.S .C . 7475, 7503, or 7661 or the provisions of 75-2-215, MCA, or applications that require preparation of an 

environmental impact statement; or 

(ii) 15 days after the notice is mailed for all other applications ; and 

(c) the date by which a final decision must be made pursuant to 75-2-211(9), MCA. 

(5) The time for issuing a final decision may be extended for 30 days by written agreement of the 

department and the applicant. The department may grant additional 30-day extensions at the request of the 

applicant. (History : 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02 ; 

AMD, 2003 MAR p. 2272, Eff. 10/17/03 .) 

17.8 .760 ADDITIONAL REVIEW OF PERMIT APPLICATIONS 

(1) When an application for a Montana air quality permit requires an environmental impact statement under 

the Montana Environmental Policy Act, 75-1-101, et seq., MCA, the procedures for public review are those required 

by the Montana Environmental Policy Act and the rules adopted by the board and department to implement the Act, 

ARM Title 17, chapter 4, subchapter 6, and ARM 17.4 .701 through 17.4 .703 . 

(2) When an application for a Montana air quality permit is also an application for certification under the 

Major Facility Siting Act, public review is governed by the rules implementing that Act, ARM Title 17, chapter 20. 

(History : 75-2-111,75-2-204,75-20-216, MCA; IMP, 75-2-211,75-20-216, MCA; NEW, 2002 MARp. 3567, Eff. 

12/27/02 .) 

Rule 17 .8 .761 reserved 

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

revoked under ARM 17 .8 .763, amended under ARM 17.8 .764, or modified under ARM 17.8 .748 . Portions of a 

Montana air quality permit may be revoked, amended, or modified without invalidating the remainder of the permit. 

(2) A permit issued prior to construction or installation of a new or modified facility or emitting unit may 

provide that the permit or a portion of the permit will expire unless construction or installation is connnenced within 

the time specified in the permit, which may not be less than one year or more than three years after the permit is 

issued. (History : 75-2-111, 75-2-204, MCA; IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02 .) 

ADMINISTRATIVE RULES OF MONTANA 12/31/03 17-445 

Replaces Page: 9.2 .2 .7 (18) I Dated: December 6, 2002 

September 26, 2003 Page: 18 of 30 

Page 9.2 .2 .7 (18) 
Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

17.8 .763 ENVIRONMENTAL QUALITY 

17.8 .763 REVOCATION OF PERMIT (1) The department may revoke a Montana air quality 

permit or any portion of a permit upon written request of the permittee, or for violation of any requirement 

of the Clean Air Act of Montana, rules adopted under that Act, the Federal Clean Air Act and rules 

promulgated under that Act (as incorporated by reference in ARM 17.8 .767), or any applicable 

requirement contained in the Montana state implementation plan (as incorporated by reference in ARM 

17.8 .767). 

(2) The department shall notify the permittee in writing of its intent to revoke a permit or a 

portion of a permit. The department's decision to revoke a permit or any portion of a permit becomes final 

when 15 days have elapsed after the permittee's receipt of the notice unless the permittee requests a hearing 

before the board. 

(3) When the department revokes a permit under this rule, the permittee may request a hearing 

before the board. A hearing request must be in writing and must be filed with the board within 15 days 

after receipt of the department's notice of intent to revoke the permit. Filing a request for a hearing 

postpones the effective date of the department's decision until issuance of a final decision by the board. 

(4) A hearing under this rule is governed by the contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History : 75-2-111, 75-2-204, MCA; 

IMP, 75-2-211, MCA; NEW, 2002 MAR p. 3567, Eff. 12/27/02 ; AND, 2003 MAR p. 2272, Eff. 

10/17/03 .) 

17.8 .764 ADMINISTRATIVE AMENDMENT TO PERMIT (1) The department may amend a 

Montana air quality permit, or any portion of a permit, for the following reasons : 

(a) changes in any applicable rules adopted by the board; 

(b) changes in operation that do not result in an increase in emissions. The owner or operator of a 

facility may not increase the facility's emissions beyond permit limits unless the increase meets the criteria 

in ARM 17.8 .745 for a de minimis change not requiring a permit, or unless the owner or operator applies 

for and receives another permit in accordance with ARM 17.8 .748, 17.8 .749, 17.8 .752, 17.8 .755, and 

17 .8 .756, and with all applicable requirements in ARM Title 17, chapter 8, subchapters 8, 9, and 10; 

17-446 12/31/03 ADMINISTRATIVE RULES OF MONTANA 

Replaces Page: 9.2 .2 .7 (19) 1 Dated : December 6, 2002 

September 26, 2003 Page: 19 of 30 

Page 9.2 .2 .7 (19) 
Volume I 

Chapter 9 

STATE OF MONTANA Subject: Administrative 

AIR QUALITY CONTROL Rules of 

IMPLEMENTATION PLAN Montana 

AIR QUALITY 17.8 .765 

(c) administrative errors in the permit that do not affect substantive provisions of the 

permit . 

(2) The department shall notify the permittee in writing of any proposed amendments to 

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

elapsed from the date of the department's decision to amend the permit, unless the permittee 

requests a hearing before the board. 

(3) When the department amends a permit under this rule, the permittee may request a 

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

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

hearing postpones the effective date of the department's decision until issuance of a final decision 

by the board. 

(4) A hearing under this rule is governed by the contested case provisions of the Montana 

Administrative Procedure Act, Title 2, chapter 4, part 6, MCA. (History : 75-2-111, 75-2-204, 

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

2272, Eff. 10/17/03 .) 

17.8 .765 TRANSFER OF PERMIT (1) A Montana air quality permit may be 

transferred from one location to another if: 

(a) the department receives a complete notice of intent to transfer location, including : 

(i) written notice of intent to transfer location on forms provided by the department; and 

(ii) documentation that the permittee has published notice of the intended transfer by 

means of a legal publication in a newspaper of general circulation in the area to which the 

transfer is to be made. The notice must include a statement that public comment will be accepted 

by the department for 15 days after the date of publication and that comments should be 

addressed to: Air Quality Permitting Section, Air and Waste Management Bureau, Department 

of Environmental Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901 ; 

(b) the permitted facility will operate in the new location for less than one year; 

ADMINISTRATIVE RULES OF MONTANA 12/31/03 17-447 

Replaces Page: 9.2 .2 .7 (20) I Dated: December 6, 2002 

September 26, 2003 Page : 20 of 30 

Page 9 .2 .2 .7 (20) 
RECORD OF ADOPTION 

Air Quality Program Revision 

TABLE OF CONTENTS 

(1) BER agenda granting rulemaking authority 

(2) MAR notice for proposed rulemaking 

(3) Public notice statement 

(4) Memorandums to newspapers of general circulation 

(5) Affidavits of publication, including news clippings 

(6) MAR notice to repositories 

(7) MAR notice to Interested Parties, including address list 

(8) MAR notice to Air Pollution Control Advisory Council 

(9) MAR notice on the state electronic access system 

(10) Department testimony at public hearing 

(11) HB 311 and HB 521 analysis 

(12) Written public testimony 

(13) Presiding officer report and transcript from public hearing 

(14) BER agenda from rule adoption meeting 

(15) Transcript from BER rule adoption meeting 

(16) Final MAR to Interested Parties, including address list 

(17) Final MAR posted on the state electronic access system 

(18) Final MAR notice of amended rule (published copy) 
1 
Board of Environmental Review 

P, O. Box 20.0901 . Helena, Mr 59620-0901 * (406) 444-2544 & Website: www.deq .state.mt.us 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, JUNE 6, 2003 

METCALF BUILDING, CONFERENCE ROOM 111 

1520 EAST SIXTH AVENUE, HELENA, MONTANA 

9:00 A.M. The Board will begin its regularly scheduled meeting. Upon conclusion of agenda 

sections I and II, the regular agenda (see below) will be interrupted for the continuance 

of the hearing, if necessary. The briefing items and adjournment will be handled upon 

conclusion of the hearing. 

CONTESTED CASE HEARING 

In the matter of the issuance of the Air Quality Permit for the Roundup Power Project, Permit No. 

3182-00 (BER 2003-04 AQ). On February 18, 2003, the Montana Environmental Information Center 

and Environmental Defense submitted an Affidavit and Petition for Hearing and for Stay of Permit 

Issuance . Standing Interim Hearing Examiner Tom Bowe issued the first prehearing order on February 

21, 2003 . Bull Mountain Development Co. No. 1, LLC, the owner of the Roundup Power Project and 

the recipient of the permit, filed a motion to intervene. Bull Mountain also requested a hearing before 

the Board, which the Board granted at its meeting on March 28, 2003. The Board set the hearing to 

begin on June 4, 2003 . 

AGENDA 

NOTE: Individual agenda items are not assigned specific times . For public notice purposes, the Board will begin the meeting at the 

time specified. However, the Board might not address the specific agenda itenis in the order they are scheduled. 

I. ADMINISTRATIVE AGENDA ITEMS 

A. APPROVAL OF MINUTES 

1 . Review and approve minutes of March 28, 2003 meeting. 

2. Review and approve minutes of April 11, 2003 teleconference meeting. 

II. ACTION AGENDA ITEMS 

A. REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES 

l . Amend ARM 17.38.101, 17.38.201A, 17.38.202, 17.38.203, 17.38.206, 17.38.208, 

17.38.216, 17.38.229, 17.38.239, 17.38.249 and 17.38 .302, and adopt new rule I 

pertaining to public water supply, to incorporate references to new and revised EPA 

dlinldng water regulations that must be adopted to retain primacy for the Safe Drinlcing 

Water Act. It is proposed to amend the disinfection requirements for groundwater 

sources to allow disinfection methods other than chlorine. It is also proposed to clarify 

compliance requirements for construction of public water and wastewater improvements 

and for wastewater operator certification. Finally, it is proposed to adopt Circular DEQ5, Groundwater Under the Direct Influence of Surface Water. 

2. In the matter of the adoption of New Rules establishing a water quality classification 

and standards for ponds and reservoirs constructed for disposal of coal bed methane 

water and amendment of ARM 17.30 .706 to establish a mandatory process for 

Department determinations of significance for discharges of coal bed methane water. 

At its April meeting, the Board deferred consideration of the amendment of 

17 .30.706 in order to evaluate the necessity for this amendment in view of the recent 

decision of the Ninth Circuit Court of Appeals in Northern Plains Resource Council 

v. Fidelity Exploration and Development Company. DEQ recommends adoption of 

the amendment. 
BER Agenda 

June 6, 2003 

Page 2 of 4 

B. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER 

The Department will propose that the Board concur in its recommendation to initiate 

rulemaking to: 

1 . Amend ARM 17 .38.602 and 603 pertaining to administrative enforcement 

procedures under the Public. Water Supply Law. The proposed amendments would 

update definitions and clarify procedures for notice letters and the issuance of 

administrative. penalty and compliance orders. 

2. Amend ARM 17.30 .716 to revise nonsignificant categories for subdivisions. The 

revised nonsignificant categories will be applicable to more proposed onsite 

wastewater treatment systems (i .e . septic systems) than the existing categories, while 

still protecting against degradation of state waters. Amendments will also include 

removal of the petition process that is specific to ARM 17.30 .716 (public comment 

and appeals are still allowed under the Water Quality Act). The current petition 

process allows health-related agencies or local landowners to restrict the use of the 

nonsignificant categories based on local hydrogeologic conditions. 

3 . Amend ARM 17.8.501, 17.8 .504, 17.8 .505, 17.8 .511, 17 .8 .514, and 17.8 .515 for the 

annual adjustment of air quality operation fees. 

4. Amend ARM 17.8 .749, 17.8 .759, 17.8 .763 and 17.8 .764 to implement House Bill 

(HB) 427 and HB 700, enacted by the 2003 Montana Legislature. The proposed 

amendments require DEQ to notify an applicant for certain air quality permits of the 

approval or denial of the application within 75 days after receipt of a complete 

application, and, as required by the new law, provide a 30-day period in which the 

public may submit comments on certain draft air quality permits . The proposed 

amendments also remove a requirement that notice of denial, revocation or 

amendment of a permit must be served by a sheriff. 

C. NEW CONTESTED CASES 

1 . In the matter of Sterling Mining Company's MPDES Permit #MT0030287 (BER 

2003-06 WQ). Sterling Mining Company, through an attorney, has requested a 

hearing to appeal the 2002 annual fees for the referenced permit. Standing Interim 

Hearing Examiner Tom Bowe issued the first prehearing order on April 29, 2003. 

Counsel for the parties agreed to delay submitting a schedule until July 1, 2003, and 

Mr. Bowe changed the deadline until then. The Board may appoint a permanent 

hearing examiner or decide to hear the matter. 

2. In the matter of Spoklie's South Valley Gravel's Mined Land Reclamation 

Permit #SRL-001 (BER 2003-07 OC) . On April 21, 2003, the Board received a 

letter from Spoklie's appealing an additional $13,316.53 bond required by DEQ. 

Standing Interim Hearing Examiner Tom Bowe issued the first prehearing order on 

April 25, 2003. The Board may appoint a permanent hearing examiner or decide to 

hear the matter. 

3. In the matter of the Notice of Violation and Statement of Proposed Penalty No. 

OC-03-02, FID No. 632, issued to Bruce Tutvedt, Tutvedt Pit, Flathead County 

(BER 2003-08 OC). On April 23, 2003, the Board received a letter from Bruce 

Tutvedt requesting a hearing of the above N.O.V. and penalty determination issued 

by DEQ. Standing Interim Hearing Examiner Tom Bowe issued the first prehearing 

order on April 30, 2003. On May 12, 2003, at the request of the parties, Mr. Bowe 

suspended the deadline for filing a schedule because of settlement discussions. The 

case has been settled and the parties request the Board dismiss the case with 

prejudice. An order of dismissal will be presented for the Board's approval. 
BER Agenda 

June 6, 2003 

Page 3 of 4 

4. In the matter of the Notice of Violation and Statement of Proposed Penalty No. 

OC-03-05, FID No. 652, issued to Richard Grosswiler, Beaver Wood Products, 

Inc., Flathead County (BER 2003-09 OC) . On May 19, 2003, the Board received 

a letter from Mr. Grosswiler requesting a hearing of the above allegations . . On May 

23, 2003, Standing Interim Hearing Examiner Tom Bowe issued the first prehearing 

order. The Board may appoint a permanent hearing examiner or decide to hear the 

matter. 

D. ACTION ON APPEALS 

1 . Van Dyke Construction Company, Inc. and Loughmiller Reclamation, L.L.C. 

(BER 2002-07 OC) requested a hearing to appeal a DEQ proposed civil penalty under 

the Opencut Mining Act. The hearing was scheduled, but delayed because the parties 

were engaged in settlement negotiations . Van Dyke and Loughmiller have entered 

into separate stipulations with DEQ to settle the contested case. Tom Bowe 

recommends that the Board adopt the stipulations and dismiss the case with 

prejudice. Orders for dismissal will be presented for the Board's approval. 

Northern Line Layers, Inc. (BER 2002-13 OC) requested a hearing to appeal a DEQ 

notice of violations, order of abatement, and proposed civil penalty under the Opencut 

Mining Act. At the request of the parties, on February 19, 2003, hearing examiner Tom 

Bowe issued an order suspending deadlines because of settlement negotiations. The 

parties have submitted a stipulation to settle the contested case. Tom Bowe 

recommends that the Board adopt the stipulation and dismiss the case with 

prejudice. An order of dismissal will be presented to the Board for approval. 

3. In the matter of the request for hearing of Crystal View Estates, Flathead County, 

under Mont. Code Ann. §76-4108 (EQ #O1-1095) (BER 2003-05 SUB). On 

February 20, 2003, DEQ revoked the certificate of approval under the Sanitation in 

Subdivisions Act, because it was learned that certain lots in the subdivision should 

be connected to public water supply and wastewater systems. Crystal View Estates 

filed a motion to add Flathead County and the Flathead City-County Public Health 

Department as parties . DEQ and Flathead County filed briefs opposing the motion. 

On. May 5, 2003, Hearing Examiner Tom Bowe issued a proposed decision 

recommending the motion to add parties be denied . 

4. Derek Brown Construction, Inc. (BER 2002-10 ASB) requested a hearing on a notice 

of violation and administrative penalty order issued by DEQ for alleged violation of the 

Asbestos Control Act by failing to ensure an asbestos inspection was conducted before 

beginning renovations of a building. The attorneys for the parties stipulated to a revision 

of the schedule and the hearing is now set to begin on May 20, 2003 . Derek Brown 

Construction filed a motion to add parties to the contested case. The potential parties are 

the owner of the building, the manager of the building, and the architect who prepared 

renovation plans. On January 29, 2003, hearing examiner Tom Bowe issued a proposed 

decision recommending denial of the motion to add parties . On March 28, 2003, the 

Board denied the motion to add parties. On April 17, 2003, Tom Bowe denied DEQ's 

motion for partial summary judgment. The contested case hearing was scheduled to 

begin May 20, 2003. However, the parties reached a settlement. Tom Bowe 

recommends that the Board approve the settlement and dismiss the contested case. An 

order of dismissal will be presented to the Board for approval . 

E. OTHER ACTION ITEMS 

1 . Initiation of Three-Year Review of Temporary Water Quality Standards Adopted for 

the Upper Blackfoot Mining Complex. The Board .will schedule a time and place for 

a public hearing for its statutorily required triennial review of the Temporary Water 
BER Agenda 

June 6, 2003 

Page 4 of 4 

Quality (TWQ Standards that the Board adopted in May 2000 for the Upper 

Blackfoot Mining Complex. The implementation plan to restore water quality in 

portions of Mike Horse Creek, Beartrap Creek, and the upper Blackfoot River under 

the provisions of the TWQ standards is being put into effect by Asarco, Inc .. III. BRIEFING AGENDA ITEMS 

A. CONTESTED CASE UPDATE 

1 . Cases assigned to Hearing Officer Kelly O'Sullivan 

a. In the matter of applicant Town of Geraldine's Montana Pollutant 

Discharge Elimination System Permit (MPDES) No . MT-002-0826, 

appeal filed by petitioner Town of Geraldine in relation to their wastewater 

treatment facility discharge permit . The status of this case has not changed 

since the last Board meeting. 

2 . Cases assigned to Hearing Officer Tom Bowe 

a. M&W Investments, Inc. appealed two subdivision application nondegradation decisions and a deviation request denial (EQ #O1-1457 and #00-

1822). There has been no change in the status of this case since the last Board 

meeting. In mid-August 2002, the parties stipulated to an extension of the 

schedule in order to allow for an additional year of water quality monitoring 

needed to assist in the classification of a wastewater drainfield in the 

subdivision . Pursuant to the stipulation, Hearing Examiner Tom Bowe 

extended the schedule for one year, with the hearing set for December 11, 2003. 

b. CR Kendall Corporation (BER 2002-09 MM) requested a hearing to appeal 

DEQ's decision to deny a minor permit amendment, under the Metal Mine 

Reclamation Act. CR Kendall and DEQ have jointly requested additional 

time to submit a proposed schedule . Hearing Examiner Tom Bowe has 

granted the requests . The proposed schedule is now due by June 30, 2003. 

c. In the matter of the request of ExxonMobil Refining & Supply Co. (BER 

2003-O1 WQ) for a hearing on its MPDES permit. ExxonMobil objects to 

several provisions of the permit for its Billings Refinery . The parties jointly 

requested additional time to submit a proposed schedule. On April 21, 2003, 

the parties submitted a proposed schedule that divides the issues in the case into 

two parts, Tier I and Tier II . Resolution of the Tier I issues requires a mixing 

zone study. A status report regarding the study would be submitted by August 

29, 2003. Meanwhile, the contested case process concerning Tier I issues 

would be stayed. As for Tier II issues, the parties proposed that the contested 

case hearing begin on September 25, 2003 . On April 23, 2003, Hearing 

Examiner Tom Bowe issued an order adopting the proposed schedule. 

B. Annual Review of Temporary Water Quality Standards Adopted for the New World Mining 

District. At the 3-year review, the Board requested that the Forest Service provide the Board 

with annual briefings on activities and accomplishments . 

IV. GENERAL PUBLIC COMMENT 

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

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

are not public matters on which the public may comment. 

V. ADJOURNMENT 
2 
-1252- 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE.OF MONTANA 

In the matter of the amendment ) NOTICE OF PUBLIC HEARING 

of ARM 17 .8 .749, 17 .8 .759, ) ON PROPOSED AMENDMENT 

17 .8 .763 and 17 .8 .764 ) 

pertaining_ to conditions-for ) 

issuance or denial of permits, ) (AIR QUALITY) 

review of permit applications, ) 

revocation of permits and ) . 

administrative amendment to ) 

permits ) 

T0 : All-Concerned Persons 

1 . On July 30, 2003, at 10 :30 a .m ., the Board of 

Environmental Review will hold a public hearing in Room 111, 

Department of Environmental Quality, Metcalf Building, 1520 East 

Sixth Avenue, Helena, Montana, to consider the proposed 

amendment of the above-stated rules . 

2 . The Board will make reasonable accommodations for 

persons with disabilities who wish to participate in this public 

hearing or need an alternative accessible format of this notice . 

If you require~an accommodation, contact the Board no later than 

5 :00 p .m ., July 21, 2003, to advise us of the nature of the 

accommodation that you need . Please contact the Board Secretary 

at P .O . Box 200901, Helena, Montana 59620-0901 ; phone (406) 444-

2544 ; fax (406) 444-4386 ; or email berCstate .mt .us . 

3 . The rules proposed to be amended provide as follows, 

stricken matter interlined, new matter underlined : 

17 .8 . .749 CONDITIONS FOR ISSUANCE OR DENIAL OF PERMIT 

(1) through (6) remain the same . 

(7) If the department denies an application for a Montana 

air quality permit it shall notify the applicant in writing of 

the reasons for the permit denial and advise the applicant of 

the right to appeal the department's decision to the board as 

provided in 75-2-211, MCA . 

AUTH : 75-2-111, 75-2-204, MCA 

IMP : 75-2-211, MCA 

17 .8 .759 REVIEW OF PERMIT APPLICATIONS (1) through (3) 

remain the same . 

(4) After making a preliminary determination, the 

department shall notify those members of the public who 

requested such notification subsequent to the notice required by . 

ARM 17 .8 .748 and the applicant of the department's preliminary 

12-6/26/03- MAR Notice No . 17-194 
determination . The notice must specify that comments may be 

submitted on the information submitted by the applicant and on.. ..,, 

the department's preliminary determination . The notice must 

also specify the following : 

(a) remains the same . 

(b)~ the date by which all comments on the preliminary 

determination must be submitted in writing, which must be within 

!-5-O-ays -after the-ne ti-ees mai led-,-a ~d_: 

(i) 30 days after the notice is mailed for applications 

subject to the federal air permitting provisions of 42 USC 7475 

7503, or 7661 or the provisions of 75-2-215 MCA or 

applications that require preparation of an environmental impact 

statement ; or - 

(ii) 15 days after the notice is mailed for all other 

applications ; and 

(c) 

the date by which a final decision must be made pursuant to 

75-2-2,11(9), _MCA within 6o--aa;,,s af~=-ei- a eAmn}ete ann Iieat-e= -i-s 

(5) remains the same . 

AUTH : 75-2-111, 75-2-204, MCA 

IMP : 75-2-211, MCA 

17 .8 .763 REVOCATION OF PERMIT (1) remains the same . 

(2) The department shall notify the permittee in writing 

of its intent to revoke a permit or a portion of a permit . T-he 

The department's decision to revoke a permit or any .portion of a 

permit becomes final when 15 days have elapsed after -_ the 

permittee's receipt of the notice unless the permittee requests 

a hearing before the board . 

(3) When the department revokes a permit under this rule, 

the permittee may request a hearing before the board . A hearing 

request-must be in writing and must be filed with the board 

within 15 days after r_ receipt of the department's notice 

of intent to revoke the permit . Filing a request for a hearing 

postpones the effective date of the department's decision until 

issuance of a final decision by the board . (4) remains the same . 

AUTH : 75-2-111, 75-2-204, MCA 

IMP : 75-2-211, MCA 

17 .8 .764 ADMINISTRATIVE AMENDMENT TO PERMIT 

(1) through (1)(c) remain the same . 

(2) The department shall notify the permittee in 

of any proposed amendments to the permit . 

writing 

The permit is 

deemed amended in accordance with the notice when 15 days have 

MAR Notice No . 17-194 12-6/26/03 
-1254- 

elapsed after servie-e-e-f-the--ne-t-iee from the date of the 

department's decision to amend the permit unless the permittee 

requests a hearing before the board . 

(3) When the department amends a permit under this rule, 

the permittee may request a hearing before the board . A hearing 

request must be in writing and must be filed with the board 

within 15 days after se-roie-e-e-f--the--depa :etfne-ntJ-snet=iee oz 

int ent= the department issues its decision to amend the permit . 

Filing a request for hearing postpones the effective date of the 

department's decision until issuance of a final decision by the 

board . 

,(4) remains the same . 

AUTH : 75-2-111, 75-2-204, MCA 

IMP : 75-2-211, MCA 

REASON : HE 427, enacted by the 2003 Montana Legislature, 

requires the Board to adopt rules providing a 30-day public 

comment period for draft air quality permits for applications 

that are : subject to the federal air permitting provisions of 

42 USC 7475 (attainment area major new source review), 7503 

(nonattainment area major new source review), or 7661 (Title V 

operating permits for major sources) ; subject to the incinerator 

permitting provisions of 75-2-215, MCA; or that require 

preparation of an environmental impact statement (EIS) . Based 

on the prior 60-day statutory timeline for the Department's 

decision on all air quality permit applications except those 

requiring preparation of an EIS, ARM 17 .8 .759(4) (b) now provides 

for a 15-day public comment period . The proposed amendments to 

ARM 17 .8 .759(4) (b) are necessary to implement the requirement in 

HE 427 to extend the public comment period from 15 days to 30 

days for applications for permits for major sources, major 

modifications, and incinerators and for applications that 

require preparation of an EIS . 

HE 427 also extended from 60 days to 75 days the timeline 

for the Department to notify the applicant for an air quality 

permit of approval or denial of the application if the 

application does . not require preparation of an EIS and, the 

application is subject to : the federal air permitting 

provisions of 42 USC 7475, 7503, or~7661 ; or the incinerator 

permitting provisions of 75-2-215, MCA . (HE 427 does not affect 

the timeline for notification when the owner or operator also is 

required to obtain a solid waste management system license or 

hazardous waste management facility permit .) The' proposed 

amendments to ARM 17 .8 .759(4) (c) are necessary to implement the 

extended timeline under HE 427 for the Department's decision on 

applications for permits for major sources, major modifications, 

and incinerators . 

ARM 17 .8 .749(7), 17 .8 .763(2) and (3), and 17 .8 .764(2) and 

(3), require service of the Department's decision to deny a 

permit application, revoke a permit, or make an administrative 

amendment as provided in the Montana Rules of Civil Procedure . 

Rule 4(D) (1) of . the Montana Rules of Civil Procedure requires 

personal service by a sheriff, deputy sheriff, constable, or 

12-6/26/03 MAR Notice No . 17-194 
other person over the age of 18 . .Personal service of the 

Department's decision to approve or deny a permit application or 

to revoke or amend a permit is not necessary . The proposed 

amendments to ARM 17 .8 .749(7), 17 .8 .763(2) and (3), and 

17 .8 .764(2) and (3) would allow the Department to provide these 

notices by mail . 

4 . The Board will also take testimony on submission of the 

proposed amendments to EPA as proposed revisions to the State 

Implementatian Plan (SIP) . 

5 . Concerned persons may submit their data, views or 

arguments either orally or in writing at the hearing . Written 

data, views or arguments may also be submitted to the Board of 

Environmental Review, P .O . Box 200901, Helena, Montana 59620-

0901, faxed to (406) 444-4386 or emailed to the Board Secretary 

at ber@state .mt .us, to be received no later than 5 :00 p .m . 

August 6, 2003 . To be guaranteed consideration, mailed comments 

must be postmarked on or before that date . 

6 . Thomas Bowe, attorney for the Board, has been 

designated to preside over and conduct the hearing . 

7 . The Board maintains a list of interested persons who 

wish to receive notices of rulemaking actions proposed by this 

agency . Persons who wish to have their name added to the list 

shall make a written request that includes the name and mailing 

address of the person to receive notices and specifies that the 

person wishes to receive notices regarding : air quality ; 

hazardous waste/waste oil ; asbestos control ; water/wastewater 

treatment plant operator certification ; solid waste ; junk 

vehicles ; infectious waste ; public .water supplies ; public sewage 

systems regulation ; hard rock (metal) mine reclamation ; major 

facility siting ; opencut mine reclamation ; strip mine 

reclamation ; subdivisions ; renewable energy grants/loans ; 

wastewater treatment or safe drinking water revolving grants and 

loans ; water quality ; CECRA ; underground/ above ground storage 

tanks ; MEPA ; or general procedural rules other than MEPA . Such 

written request may be mailed or delivered to the Board of 

Environmental Review, 1520 E . Sixth Ave ., P .O . Box 200901, 

Helena, Montana 59620-0901, faxed to the office at (406) 444-

4386, emailed to the Board Secretary at ber@state .mt .us or may 

be made by completing a request form at -any rules hearing held 

by the Board . 

MAR Notice No . 17-194 12- .6/26/03 
-1256- 

8 . The bill sponsor notice requirements of 2-4-302, MCA, 

apply and have been fulfilled . 

BOARD OF ENVIRONMENTAL REVIEW 

By : Joseph W. Russell 

JOSEPH W . RUSSELL, M .P .H ., 

Chairperson 

Reviewed by : 

David Rusoff 

DAVID RUSOFF, Rule Reviewer 

Certified to the Secretary of State, June 16, 2003 . 

12-6/26/03 MAR Notice No . 17-194 
3 
PUBLIC NOTICE 

AWM 0501,293 

1) On July 30, 2003, at 10:30 a.m., a public hearing will be held before Thomas Bowe, 

hearing officer appointed by the Board of Environmental Review, in Room 111 of the 

Metcalf Building, 1520 East 6`h Ave., Helena, Montana, to consider the amendment of 

ARM 17.8 .749, 17.8 .759, 17.8 .763 and 17.8 .764 pertaining to conditions for issuance or 

denial of permits, review of permit applications, revocation of permits and administrative 

amendments to permits. 

2) The proposed amendments would implement the public comment requirements of 

House Bill 427, enacted by the 2003 Montana Legislature, and would allow the 

Department of Environmental Quality to provide notices of decisions on air quality 

permits by mail rather than by personal service. 

3) The proposed amendment to Montana's air quality rules could affect all parties 

regulated by the Department of Environmental Quality under the air quality rules 

4) The Board will be accepting public comment regarding the incorporation of the 

proposed amendment into the existing Montana administrative rules and on the inclusion 

of the proposed amendment into Montana's State Implementation Plan. 

5) Interested parties may review a copy of the proposed amendments to Montana's Air 

Quality Rules on the internet at <http ://www.deq .state.mt.us/dir/legal/hearing.asp> or at 

the following locations : 

a) Montana Department of Environmental Quality 

Air and Waste Management Bureau 

Metcalf Building 

1520 E. Sixth Ave. 

Helena, Montana 59620-0901 

b) Montana Department of Environmental Quality 

Airport Industrial Park IP-9, 1371 Rimtop Drive 

Billings, Montana 59105-1978 

c) Missoula City-County Health Department 

301 West Alder 

Missoula, Montana 59802 

d) Cascade City-County Health Department 

115 4th Street South 

Great Falls, Montana 59401 
e) Custer County Sanitarian 

Custer County Courthouse 

1010 Main Street 

Miles City, Montana 59301 

6) The State of Montana makes reasonable accommodations for any known disability that 

may interfere with a person's ability to participate in state government proceedings. 

Persons needing accommodation must contact the Board no later than 5 p.m., July 21, 

2003, to advise the Board of the nature of the accommodation that you need. Please 

contact the Board Secretary at P.O. Box 200901, Helena, Montana 59620-0901 ; phone 

(406) 444-2544; fax (406) 444-4386; or email to "ber@state.mt.us" . 

7) Interested parties may submit their data, views, or arguments concerning the proposed 

amendment either in writing, or orally at the hearing. Written data, views or arguments 

may also be submitted to Board Secretary, Board of Environmental Review, 1520 E. 

Sixth Avenue, P.O. Box 200901, Helena, Montana, 59620-0901, or submitted 

electronically via email addressed to "ber@state.mt.us", no later than 5 :00 p.m., August 

6, 2003 . To be guaranteed consideration, written comments must be postmarked on or 

before that date. 

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

FAX TRANSMITTAL 

657-1345 

June 23, 2003 

TO : Billings Gazette 

Classified Ads 

401 N Broadway 

Billings, MT 59107-6300 

RE : Public Notice 

0 File or record 

F] Return a conformed copy 

D Review, sign and return 

F~ Review and call 

F-1 Othern Per your request 

0 For your information 

0 For your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,290) 

www.deq .state .mt.us 

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

Sunday, June 29, 2003 . Return the original affidavit of publication and a copy of the billing 

statement to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana Department of Environmental Quality generally. 

Attn: Jan Brown 

Montana Department of Environmental Quality 

AWMB 

P.O. Box 200901 

Helena, MT 59620-0901 

n, Air & Waste Management Bureau 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . (I will 

also e-mail you a copy of the public notice .) 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
COMMUNICATION RESULT REPORT ( JUN-23 .2003 11 :51AM ) * 

P. 1 

FAX HEADER : DEQ/PCD/AWMS 

TRANSMITTED/STORED : JUN-23 .2003 11 :49AM 

FILE MODE OPTION ADDRESS RESULT PAGE 

----------------------------------------------------------------------------------- -

604 MEMORY TX 11505141814066571345 OK 3/1 

---------------------------------------------------------------------------------------------------- 

REASON FOR ERROR 

E- 1) H A N q U P O R LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 

P.P. Jao~c 200901 - H~;ana, MT 59620-0901 - (406) 444-.2544 " 

FAX 'RAN.SMY T1 A T . 

657-1345 

June 23, 2003 

TO: Eilliggs C'razette 

Classified Ads 

401 W Broadway 

Billings, MT 5910?-6300 

Public Notice 

www_ d eq_s ta~ tc.r~r ;. u,s 

0 File ox-record 

Q 12eturn a conformed copy 

~ Review, sign and return 

~ Review arid call 

0 Other: 

©' Per your request 

F-1 For your information 

ED Fox your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement_ (A'VVM 0501,290> 

Message: Please publish the enclosed docurnent in the legal section of your newspaper on S'0-day, June 29, 2003 . Return the ori,~izzai af~da.vit of publication and. a copy of the b~i7liag 

statement to the address below. This request is in additiozz to any regular mailing of billing statements to the Montana Department of Environmental Quality generally. 

2.ttn : Jan Brown 

Montana 7aepaitxxxezxt of Environmental Quality 

AQVIVIB 

P_0. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this request, please ca11 Jau Brown, at (406) 444-9741. (z will also e-mail you a copy of the public notice.) 

:vxx, Afr 8z Waste Management Bureau 

Cenxralized Scrvic~ss Dhis:on " Enforce.ne.,c Division - Pe.zniii~n6 6c Compl+ance lpi~ision - Plnnning. Prccnoion 8t quiztance Divizion . Remediution Diviaion 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 - 

FAX TRANSMITTAL 

791-1436 

June 23, 2003 

TO: Great Falls Tribune 

Classified Ads 

205 River Dr. S 

Great Falls, MT 59403 

Public Notice 

0 File or record 

Fj Return a conformed copy 

Fj Review, sign and return 

F-1 Review and call 

F-1 Other: 

~ Per your request 

~ For your information 

0 For your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,291) 

www.deq .state .mt.us 

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

Sunday, June 29, 2003. Return the original affidavit of publication and a copy of the billing 

statement to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana Department of Environmental Quality generally. 

Attn: Jan Brown 

Montana Department of Environmental Quality 

AWMB 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P. 1 

COMMUNICATION RESULT REPORT ( JUN-23-2003 11 :52AM ) 

FAX HEADER : DEQ/PCD/AWMB 

TRANSMITTED/STORED : JUN-23-2003 11 :50AM 

FILE MODE OPTION ADDRESS RESULT PAGE 

---------------------------------------------------------------------------------------------------- 

605 MEMORY TX 11505141814067911436 OK 3/^ 

---------------------------------------------------------------------------------------------------- 

REASON FOR ERROR 

E - 1 ) H A N G U P O R LINE FAIL E- 2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 

2" O. DO= 200901 - 13elnraA, 4T 59620-~D907. - (406) 444-Z544 " 

FA~Y TRANSiVIITTAT . 

791-1436 

June 23, 2003 

T0= Great Falls Tribune 

Classified Ads205 River Dr. S 

Crroat Falls, MT 59403 

Public Notice 

w'a'r+' .dcq .stats.mt.vs 

0 File or record ~ Per your request 

F-1 Rettun a conformed copy 0 For your information 

E:1 12evie--, sign and return ~ For your fxle "

F-1 R-eview and call ~ Notice enclosed 

F] Other: 

Enclosure: Public notice for legal advertisement_ (AWM 0501,291) 

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

Sunday June 29, 2003_ Return the original affidavit ofpublica.tion and a copy of- ' the- billing 

statement to the address below. This request is 3n. addition to any regular mailing of billing 

statcmenxs to the Montana Department ofEnviron.mental Quality generally. 

Attu- Jan Brown 

Montana Department of Environuiental Quality 

AWIVLS 

P.O. Soti 200901 

Helena, MT 59620-0901 

Tf you have any questions regarding this request, please call Jan Brown at (406) 444-9741, 

-![ /t~~YL~ ~d+ 1 1~- 

.'vn, Air <% Waste Management Etvrea-u 

Ceocral9:.ed 3rnieea Diviaiun " EnToroemsn~ D:vis3on - permining .ic Camptlance Dlvision ~ Plonning, Prevmiion .CAsaSs®nae Divislon " I:omedSsuon D:v;a;e., 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

FAX TRANSMITTAL 

447-4052 

June 23, 2003 

TO: Independent Record 

Classified Ads 

317 Cruise Ave. 

Helena, MT 59604 

RE: Public Notice 

~ File or record 

~ Return a conformed copy 

~ Review, sign and return 

~ Review and call 

~ OtherF-1 Per your request 

0 For your information 

M For your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,292) 

www.deq .state .mt.us 

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

Sunday, June 29, 2003. Return the original affidavit of publication and a copy of the billing 

statement to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana Department of Environmental Quality generally. 

Attn: Jan Brown 

Montana Department of Environmental Quality 

AWMB 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . (I will 

also e-mail you a copy of the public notice .) 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
COMMUNICATION RESULT REPORT ( JUN-23.2003 11 :53AM ) 

P. 1 

FAX HEADER : DEO/PCD/AWMB 

TRANSMITTED/STORED : JUN.23.2003 11 :51AM 

FILE MODE OPTION ADDRESS RESULT PAGE 

---------------------------------------------------------------------------------------------------- 

606 MEMORY TX 1150514184474052 OK 3/^ 

---------------------------------------------------------------------------------------------------- 

REASON FOR ERROR 

E-1) HAN(3 UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 

F.A.<Y TI2AN.41V1YTTAY. 

447-4052 

June 23, 2003 

TQ: Independent Record 

Classified Ads 

317 Crwisc Ave. 

Helena, NIT 59604 

RE: Public Notice 

F-1 File or record 

ED I2eturn a conformed copy 

F-1 Re-riew_, sign and return 

M Review a-lad call 

0 Other: 

ED Per your request 

ED For your inforniation 

~ For your file 

® 14otice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,292) 

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

Sunday, -Tune 29,22003-5.- Return the original aMdav.(t of publication and a copy of the billing 

stateznezat to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana :Department of Environmental Quality generally. 

Attn: Jan ]Brown 

Moxntana Department of Environsnental Quality 

ANTTNM 

P_0. Box 200901 

Helena, MT' 59620-090J. 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741. (I will also e-mail you a copy of the public notice.) 

C-relizcd S.-I .- Dlvialon - Ealureemcnt Dlvisioa " Pcrmin3ng dr Compliance DSViaion " PJmnning. Prrvention R Aaiawnce Dlvision " Remedintion DtYlalon 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

FAX TRANSMITTAL 

232-6687 

June 23, 2003 

TO : Miles City Star 

Classified Ads 

13N6 

Miles City, MT 59301 

RE: Public Notice 

F-I File or record 

M Return a conformed copy 

[--j Review, sign and return 

F1 Review and call 

f-1 Other: 

0 Per your request 

0 For your information 

0 For your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,293) 

Judy Martz, Governor 

www.deq.state.mt.us 

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

Monday, June 30, 2003 . Return the original affidavit of publication and a copy of the billing 

statement to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana Department of Environmental Quality generally. 

Attn: Jan Brown 

Montana Department of Environmental Quality 

AWMB 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
COMMUNICATION RESULT REPORT ( JUN-23 .2003 11 :55AM ) t 

P . 1 

FAX HEADER : DEQ/PCD/AWMB 

TRANSMITTED/STORED : JUN-23-2003 11 :53AM 

FILE MODE OPTION ADDRESS RESULT PAGE 

------------------------------------------------------------------------------- 607 MEMORY TX 11505141814062326687 OK 

---------------------------------------------------------------------------------------- REASON FOR ERROR 

E-1 ) H A N G U P O R LINE FAIL E-2 ) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION 

Judy Martz, Governor 

P_O_ Sox 200901 - 1-Yolena, MT 59620-0901 - (406). 444-2544 - www_deq_sraatc.snt.us 

FA,--< T"Az-dkNsrinTTA,r, 

232.-66s7 

June 23, 2003 

TO: Miles City Star 

Classified Ads 

13N6 

Miles City, MT S 930 X 

~ File or record 

(~ Return a Conformed copy 

0 I,tevicu, sign and return 

0 Review and call 

~ Other: 

Public Notice 

0 Per your request 

0 For your infornmati.on 

Q For your file 

® Notice enclosed 

Enclosure : Public notice for logal advertisement: (AWM 0501,293) 

Message: Please publish the enclosed document iz~ the legal section of your newspaper on Mo-day, Tune 30, 2003_ Rettv.rn the statement 

original affidavit Of publication and a copy of- the biilizeg 

statements 

to the address below. This request is in addition to any regular =ailing of billing to the Montana Department of Environmental Quality generally, 

Atta_ Jan Brown 

Montana Department of Environmental Quality 

A'VJ1tiIS 

P.O. Box 200901 

Helena. M'1' 59620-0901 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . 

own, Air <~ Waste Managemen~S 

Ceneral:zrd Sar..;ces Divlsion " EnTwV:emen~ Dlvision - Yem,ia:ing ~C Compiiance Division - plsnnjng, PreVCnoion ~ Assislanee Divs :on - Ra .ed;neion Division 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

FAX TRANSMITTAL 

523-5221 

June 23, 2003 

TO: The Missoulian 

Classified Ads 

500 S Higgins 

Missoula, MT 59807 

: Public Notice 

0 File or record 

Fj Return a conformed copy 

F-1 Review, sign and return 

F~ Review and call 

F Other: 

0 Per your request 

0 For your information 

0 For your file 

® Notice enclosed 

Enclosure: Public notice for legal advertisement. (AWM 0501,294) 

www.deq.state.mt.us 

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

Sunday, June 29, 2003 . Return the original affidavit of publication and a copy of the billing 

statement to the address below. This request is in addition to any regular mailing of billing 

statements to the Montana Department of Environmental Quality generally. 

Attn: Jan Brown 

Montana Department of Environmental Quality 

AWMB 

P.O. Box 200901 

Helena, MT 59620-0901 

If you have any questions regarding this request, please call Jan Brown at (406) 444-9741 . 

Jan rn, Air & Waste Managemen'B'Cireau 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
COMMUNICATION RESULT REPORT ( JUN-23.2003 11 :56AM ) 

TRANSMITTED/STORED : JUN.23.2003 11 :54AM 

P. 1 

FAX HEADER : DEQ/PCD/AWMB 

FILE MODE OPTION ADDRESS RESULT PAGE 

-----------------------------------------------------------------------------------------

608 MEMORY TX 11505141814065235221 OK 3/ ~' 

------------------------------------------------------------------------------ 

E-1) HANG Up OR LINE FAIL 

E - E-2) BUSY 3 ) N O ANSWER E-4 ) N O FACSIMILE CONNECTION 

.T71dy Martz, CroYernor 

I'_40_ lFSox 200901 - tIel~-na, M"r 59620-09px " (4p6) 444-2S44 " wvvw_t7eq_stare.irrr .uis 

FAXTlZANSMITT A Y . 

523-5221 

REASON FOR ERROR 

June 23, 2003 

Td: 'rhe Missoulian 

Classified .Ads 

500 S Fiiggin.z 

Missoula, MT 59$07 

12E: Public Notice 

Other: 

12eview and ca11 El Notice enclosed 

~ 12eturn a conformed copy '0 For your information F-1 Review sign and return E] Fox your f le 

0 File or record F-1 Per your re est 

Enclosure: .Public notice for legal advertisernent. (A,yVM 0501,294) 

lv[essagc: Pleasc publish the enclosed document in the legal. section of your newspaper on Sunday, June 29, 2003_ Return the original affidavit of publication and a copy of the billing statement to the address below. This request is in addition to any regular xna%ling of billing statesnezits to the Montana Department of Environmental Quality generalTy. 

Attn: Yan Brown 

Montana Department of En'irirozxx)ae,ntal Quality 

AyVl"vl~i 

P.O. Eoa. 200901 

Helena, NIT 59620-0901 

I£ you have any questions regarding this request, please call Jan Brovvn at (406) 444-9741. 

.C~ J".-! ~~a Jan ErVzj,~vn, Air 8t waste Manage= clzf~'$rircau 

Crnvaliud Scrricea Div3sion " Sniuroemenc Divieion - psemiu:ng 8, Complianer )?+vision " planning, prevmsion ~ Assicwnce Di . .ia3on " RmnW Sation Oiv3s[on 
5 
***** AFFIDAVIT OF PUBLICATION ***** 

The BILLINGS GAZETTE 

Ad Number: 2299328 

PUBLIC NO-TICE 

1) On ~uly'30;~1003, at 10 :30 

a.m ., a publlc hearing will 

be held before Thomas 

Bowe, hearing officer appointed by the Board of Environmental Review, In 

Room 111 of the Metcalf 

Building, 1520 East 6th Ave., 

Helena, Montana, to consider the amendment of ARM 

17.8 .749, 17.8 .759, 17 .8.763 

and 17.8 .764 pertalnlng to 

conditions for Issuance or 

denial of permits, review of 

permit applications, revocation of permits and administrative amendments to permits. 

2) The proposed amendments would Implement 

the public comment requIrements of House Bill 

427, enacted by the 2003 

Montana Legislature, and 

would allow the Depart- 

""-ment of Environmental 

uality to provide notices 

i decisions on air quality 

permits by mall rather than 

by personal service. 

3) The proposed amendment to Montana's air quality rules could affect all parties regulated by the Department of Environmental 

Quality under the air quality 

rules 

4) The Board will be acceptIng public comment regardIng the Incorporation of the 

proposed amendment Into 

the existing Montana administrative rules and on 

the Inclusion of the proposed amendment into 

Montana's State Implementation Plan . 

5) Interested parties may review a copy of the proposed amendments to Montana's Air Quality Rules on 

the Internet at 

<http://www.deq.state.mt. 

us/dir/legal/hearlng .asp> 

or at the following locations: 

a) Montana Department 

of Environmental Quality 

Air and Waste 

Management Bureau 

Metcalf Building 

1520 E . Sixth Ave. 

Helena, Montana 

59620-0901 

b) Montana Department 

of Environmental Quality 

Airport Industrial Park IP9,1371 Rimtop Drive 

Billings, Montana 

59105-1978 

c) Mlssoula City-County 

Health Department 

301 West Alder 

Mlssoula, Montana 

59802 

d) Cascade City-County 

Health Department 

115 4th Street South 

Great Falls, Montana 

59401 

qquen,!osaiL2so;~, 

401 N . 28th 

Billings, MT 59101 

Phone: (406) 657-1212 Fax : (406) 657-1345 

Tammy Haar being first duly sworn, deposes and says : That 

she is the principal clerk of The ~Billings Gazette, a newspaper of general circulation published daily in the City of Billings, in the County of Yellowstone, State 

of Montana, and has charge of the Advertisements thereof. 

That the: 5 vek 1Tegal regarding : 

AWM 0501,290 

a true copy of which is hereto annexed, was published in said newspaper on 

the following dates : via : (0 1 ag 1fl3 

Making all i publication(s) 

Mark below if certificatation for the State of Montana. 

I hereby certify that I have read sec. 18-7-204 and 18-7-205, MCA, and 

subsequent revisions, and declare that the price or rate charged the State of 

Montana for the publication for which claim is made in the attached papers in 

eint of $ 47.75 is not in excess of the minimum rate charged any other 

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

and just in all respects, and that payment or credit has not been received. 

STATE OF MONTANA 

County of Yellowstone 

On this day of Jun 27, 2003, before me, the under W'ned, a Nota Public for 

the State of Montana, personally appeared 

known to me to be the person whose name is subscribed to t within instrument and acknowledged to me that he/she executed same. IN WITNESS 

WHEREOF, I have hereunto set my hand and affixed my notariaf seal the day 

and year first above written . 

NOTARY PUBLIC for the State of Montana 

Residing at Billings, MT c~ 

My commission expires : - _ _ / (.~ (<' iDC / 

Barbam A. Powitt 

e) Custer County 

Sanitarian 
***** AFFIDAVIT OF PUBLICATION ***** 

The BILLINGS GAZETTE 

Custer County 

Courthouse 

1010 Main Street 

Mlles City, Montana 59301 

6) The State of Montana 

makes reasonable accommodatlons for any known 

disability that may Interfere with a person's ability to participate In state 

government proceedings. 

Persons needing accommodation must contact 

the Board no later than 5 

p.m ., July 21, 2003, to advise the Board of the nature of the accommodation that you need. Please 

contact the Board Secretary at P.0 . Box 200901, 

Helena, Montana 

59620-0901 ; phone (406) 

444-2544 ;fax(406) 

444-4386 ; or emall to 

'ber@state.mt.us' . 

7) Interested parties may 

submit their data, views, 

or arguments concerning 

the proposed amendment either In writing, or 

orally at the hearing . Wrltten data, views or arguments may also be submitted to Board Secretary, Board of Envlronmental Review, 1520 E . 

Sixth Avenue, P .O . Box 

200901, Helena, Montana, 

59620- 0901, or submitted 

electronically via email add r e s s e d t o 

'ber®state .mt.us', no later than 5 :00 p.m., August 

6, 2003. To be guaranteed 

consideration, written 

comments must be postmarked on or before that 

date . 

6-29-03 

401 N. 28th 

Billings, MT 59101 

Phone: (406) 657-1212 Fax: (406) 657-1345 
~`~~ 

~ UL 0 ~ 1~ 2000 

L 0 3 2003 

MT OP,,t '- ,-i

-`1? 

cll; ;,, ~ r, 

AFFIDAVIT OF PUBLJErA~TIQ,. ~n ;, ;`- .'~ri~-, ~`I,"~"y,l < <~ ' THE GREAT FALLS r`1~TBLTNE 

205 RIVER DR S 

GREAT FALLS, MT 59405 

Phone: (406) 791-1444 

Toll Free (800)438-6600 

Janel Brandon being first duly sworn, deposes and says : That she is the Legal 

Advertisinb clerk of the Great Falls Tribune is a corporation duly incorporated 

under the laws of the State of Delaware , a newspaper of general circulation 

published daily in the City of Great Falls, in the County of Cascade, State of 

Montana, has charge of the Advertisement thereof. 

That the ONE day legal regarding- MT DEQ 

#11924294/#173971 

A true copy of which is hereto annexed, was published in said newspaper on the 

following dates: via: JUNE 29TI;' 2003 making 

all publication(s) . 

Mark below if certification for the State of Montana. 

I hereby certify that I have read sec . 18-7-204 and 18-7-205 . MCA, and 

subsequent revisions, and declare that the price or rate charged the State of 

Montana for the publication for which claim is made in the attached papers in 

the amount of $45.00 in excess of the minimum rate charged any other 

advertiser for publication of advertisement, set in the same size type and 

published for the same number of insertions . I further certify that this claim is 

rect and ktast in,a~l respects, A and the payment or credit has not been received . 

On the day of JUNE 30TtI 2003, before me, the undersigned a 

Notary Public for the State of Montana, personally appeared 3anel Brandon, 

known to me to be the person whose name is subscribed to the within 

instrument and acknowledged to me that he/she executed same, IN WITNESS 

WHEREOF, ? have hereunto set my hand and affixed my notariai seal the day 

and year first above written. 

Print Nn mP 

/

. 

L 

NOTARY`MUBLIC for the State of Montana 

Residing in Cascade County 

My commission expires: << %~ ~~' 

Signature 

) 

i~ ~n~- 31 

~A W MV0,501,/a6 

,~¢I):ori- .:July-30, 

11 Public phear-'tI 

ing ~will,.-bd :"-held :,befo4 

Thoma,s " :Bowe; ; hearin9 iof-I 

~ ficeP=; appointe'y~,-.fhe 

Boa'rd °of!r:Ehvironmerital~ 

Review, ,in.=Room .111= of,' 

' the Metcalf Building, t5201 

: East 61h . Ave.,,- Helena  

! Montana, -to consider-the 

:-adoption of 'amendment to 

ARM " 17'.8 :749, :'=.d&8 :759,1 

; 17.8.763_ arid .17.8'.764 per-1 

Ftaining ~to_,cbnditions',for~ 

1 issuance .or ;denial of,. ,Per-, 

`permit :ap-~ 

plications, !'revocation ' of~ 

~-permits 'and administrative" amendments _to per-

~ <3 ;i.a . ~" 'r 1 

2)' :- ; ` ;The Proposed 

`arfiendFnents ;~'would -% im=1 

` plement, they-PUblic,com-, 

~ ment_re~427, uirernenis`t,`of~ 

fiHoiise- Bill" enhcted bvi 

I the 2003 Montana Legisla-' 

ture, ,and'.would :allow thei 

~i Department "of;,°;Environ-: 

mental -QudIFty' to ,.provide! 

!,notices of ,decisions -.orn-oirl 

~quality' Permits .'by,',mail ; 

'rather-,than, by,-ipersonal,^, 

~ service. 

3) ,' . °;,The?! =' ' ;proposedr, 

~ amendment to' Montana'si 

,,air qualitv" :rules'.~could af-~ 

fect all parties 'regulated; 

"by the Department of 'En-1, 

,vironmental ; ; .Quality - un=l 

,der the air qualitv.rules " : . 

';r4),: :The : Board aWill be-ac-1 

,riceptin,g ipubltc .comment_, 

, regarding tfie---lricd~poro-" 

_ tian-s of :_. the' :i:":proposed I 

~drriendment intd'the exist-

,, ;,1ngx ;Montana' administra-i 

" tive --rules and on -the . in-~ 

, slusioh- of,-the` praposedy' 

amendment i'nto : ;Mantan-', 

a's State "Irriplerr,lentation,Plan 

` 

=, 

5) lnferestgd, .,-parties' 

may review a . 

ca 

py .of the, 

proposed amendments to 

;Montana's ~ Air" Quality 

< httpl/wv,(wdes.state " . I 

t.us dir/le al hearin . 

as or .at .the . following, 

locations : - .- .- 

' a) . Montana' Depa'rtrPieri 

; .of Environmental Quol~ity. 

Air and Waste 

'Management Bureau 

Metcalf_Building -, _ 

1520 E .,-Sixth-Ave . -

` Helena, Montana=-; 

59620-0901 . ', =. :'; 

-^b) Montana =DepartmenY 

; of Environmental Quality 

° ' Airport  Industrial' Park 

a IP-9,`.1371 :Rimtop,,D_,ri,v,"e~' . I 

Bill Ings; :Mohtanqai': ,_- I 

c) Missbula,City-County: -, 

~HealthAepartment,",';' ^&$~z 

-301 West Alder 

' Missoula, Montana 59802 

d) Cascade City-County--~ 

< <1Health Departmdilt_?t";, -.1-~ 

- 115 4th Street South"'""' , 

Great Falls, Montana ' 

= 59401 

' .e7 Custer County 

-Sanitarian -

Custer County 

''Courthouse - 

1010 Main Street =' .:'-~ 

--Miles City, Montana~ 

-'59301 

6) 

-The"-State ; of; Mon'tanal 

makes, reasonable-;accom-,~ 

modations',for °'any -.-known l 

disability That,, may 4Interjfere . -with -a=person's, 

ability to, participate 

state' proceedings ceedin9s . . ,Persons 'need-, 

ing accommodation must : 

contact the Board no' laterl 

that 5 p.m .,- .July .21,i .2003,1, 

,to advise the Board of the , 

nature of the occornmodo-.I 

tian that you need . Please~~ 

contact,, the ;Board Secretary at, P.O :- Box, 2009011 

Helena, Montana- 59620-', 

0901 ; '-. .phone . -(406) i 

' 444-2544 ; : , fax (406) 

444-4386 :.-or email to_. . , _ 

"bertilstate .mt .us ; .., 

7) ' Interested Parties 

may submit their, ;data, I 

views, or arguments _con- S, 

cerning .the proposed rule i 

amendments,"-- " ' either , 

orally or in writing, at the 

hearing. Written , data ; i 

views , or arguments may 

also be submitted Jo, the 

Board Secretary, Board 

of Environmental-. Review, ; 

1520 E . Sixth , Avenue, , 

,'`P.0:" Box ,200901 ;~ 'Helena, 

' Montana,"' 59620-0901','--or ' 

emailed to the Board ~Secr, etary at -" 

"ber®state.mf:us",-'-~. .no, ' 

;-later than : 5 :00 ~ p .m ; Au- : i 

"gust 6 ;, 2003 .' To be' gu'dr-'-', 

anteed .`" consideration, , °'writtert-_comments- must 

' L,o nnclmnrLnA nn nr ~+~ 
0 

D 

D 

r - 

U) 

3 c 

77 

w Q. 

O 

3 

o c 

~ m 

to O 

~ O 

< 

N C) 

. 

N 

Cfl 

N 

O 

O 

W 

0 

AJ 

CD 

X CD Q 

Q 

w 

m 

CD 

O 

CD 

--q 0 CD co 

at aa 

~. - 

CD C: =r i "' U CD 1< 

0 

~=r o 

-a co 

. 

CD =-". 

5 cn ~ cu Z 5 =r -a 

O p CD -a O 6. w 0- W U) 

CD En 

0-

0 

p~ 0 CD . . 

m~Q 

° ° 

=r :3 

CD CD CL 

W CD 

0- =3 _ 

;3, CD 

CD ::r o 

O_ CD W -li =3 

O 

< 

3 CD ~ (D nw :3 0 

c CD 

o ° w 

r- -0 

cD CD 

O 

Q° (Q 

(D 

O 

o y 

~ ~t y 

o v zr H 

n 

y 

O 

" R° O 

ri 

N 

O 

O 

C,J l ." 7 
Affidavit of Publication , 

LV 

UL 0 7 2003 

;.+.~.

._- ., .,

.- . . . _ .,- . . 

.~~d t nrJ :It 30. 2003JAT,1"0 :30 P . II Y 

% :A PUBLIC HEAHINU VvlLc,oc nr.w,~ 

~BEF0,5E THOMAS,BOW,EI }I,EA,R-~~ 

~r,ING OFFICER APPOINTED;BY THE , 

p.,,BOARD OF ENVIRONMENTAL RE ;~ 

"."VIEW, IN ROOM, 1'7_1,OFTHE MET-:-J 

~tALF BUILDING :1'520 EAST6TH1', 

"~.AVE,;, ;HELENA ; :MONTANA ;';TO~i 

'~ .`CONSIDER THE''ADOPTION`'OF ;~ 

MENDMENTS T,O_ ARM;17fi .749J', 

- 17.8 .759 , 17.8 .76~3 ,AND 17 8.Z64, ' ._`ER' 

--,TAINING SP .,,,T.O :;CONDITIONS-~, 

riFOR;ISSUqf,ICE .O,Fj bPNIAL;,OF=. 

I PERMf-h9 rfiiEV4EWhORP~RMtI 

PPLICATIOqd$ REVQnuAT194QFT

.;

;, 

: : PERMITS .AND-ADMINISTRATtVE-, 

=t-AMENDMENT$TO PERMITS .' 

`+_+, . :+--, 

~ sr -- 3 - 

+iEND

.~, ~ t-`I 

2) THE ~~PROPOSED AM-II 

i%MENTS WOULDIMPLEMENTSHE-,' 

;'PUBLIC' COMMENT- REQUIRE :! 

f ~ - " EN= 

,, 

Montana Department df +° -- -' 

'»' Frivirnfvnental oualitv: ~~+fi~`~.1~ 

Irnhrt Industrial Park'~IP-9 .-',' 

`?~137] Rimtop"DiiJe <i° S-J : ;}=<" : 

Bplings, Moit,tana,r59105,1978,, ; y 

d) Cascade _City;.Cou¢ty'H,ealth~,~i 

~"a1'15'4th"StPeetSouth:+ _ .. "'~ 

"r=-Great Falls. Montana 5940I 

e)~Ciiste~Cou~ty".San,fanan~.~ . t, 

Custer .Caurity Cdurteflouse:.-~, ; 

-a .1010 Main Street r; -, ,^-r~^ 

., j,Miles City-:Montana'S930 

<+ 

;,.'6) . THE

_ 

-STATE-~OF MONTANA: I 

, ;_MAKES REASONABLE, ;ACCOM- : 

L ' MENTS OF HOUSE B L , 

rACTED ;BY THE 2003pMONTANA;' DISABILITY,: THAT MAY' INTER-: i 

~LEGISLATURE ; AND WOULD AL- ! I : . FERE-W1TH;A PERSON'S;ABILITY _ 

` :LOW THE_DEPARTMENT OF :EN=- ; 

TO PARTICIPATE Il~l STATE GOV- : I i 

VIRONMENTALQUALITY TOPRO,, ; ERNMENTPROCEEDINGS .PER; , 

VIDENOTICES OFDECISIQNSON"' :"'SON NEEDING' ACCOMMODA-

^AIR .QU,S,BY;MAIL I Lh':TION-' :MUST ,CON:TACT ;,;THE'; ~ 

-" ER50-NAL" BOARD NO LATER THAN 5 ~ .A~. - ' 

~'RAThER :THAN Bl(,p ;P._ ~I iv;.;' ,JULW21 ;"2003,`;TADVISE'THE~, , 

xSERVICE : BOARD OFSHENATURE OF"THE 

` e' ^~' ? ~' `~~I ACCOMMODATION THAT ::YOJ` ;' 

` )THE `PROPOSED AMENDMENT NEED .? PLEASE ',CONTAOT;THE _ , { , O, MONTANA'S' AIR . QUALITY : 

RULES WOULD AFFECTALLPAR-,'~ .,`BOARDSECRETARY,ATP:O :,BOX ;;,I 

["QUALITY-UNDER 

TIES REGULATED' BY°THE DE f 200901, HELENA, MON7ANA'. 

( PARTMENTOFENVIR,ONMENTAL I ~ ,,,,- 59620 -0901~,PHONE - (406) ;444'.; I 

" :,QUALITYUNDE_ :RTUE,QIRpQUAL :-~ .-254q FAX,(408) 444,4386 ; :OR 

I''ITYRULES ', EMAILTO~BER~STATE-MTOS 

4) THE BOARD WILL BE ACCEPT 7) INTERESTED PARTIES MAYi-'i 

~,;ING PUBLIC COMMENT-REGARD-; ; I t: ;SUBMIT THEIR DATA,, VIEWS, O 

. j '-ARGUMENTS CONCERNING THE ; 

y31NG, THE . INCORPORATION .,OF

:) 

t~ 

a~THE ,PROPOSED-~AMENDMENT AMENDMENT I ~"

PROPOSEDRULEAMENDMENTS,? 

" INTO,THE EXISTING.. MONTANA-""1 .-- EITHER ORALLY OR IN WRITING , I 

ADMINISTRATIVERULESANDON ." '~~AT THE HEARING .-'WRIT-[EW I, 

J ,,THE INCLUDSION OF THE PRO -) 

POSED AMENDMENT INTO MON=, 

, i -MAYAALSO BE SUBMGTTE,DNTO, ), 

'1~TANA'SS,TATEIMPLEMENTATION .,', THEBOARDOFENVIRONMENTAL" 

.~, REVIEW 1520 E . SIXTH AVENUE, . I 

: .PLAN ; ..;'-"- . . ; .,'~~',3 ;i .,~~.~.1~, T

;~yf_+, ;;: - .~ ', . PO. 'BOX 200901, HELENA, MONf-,5)INTER INTERESTEDPARTIES ~MAYRE-_~^' 1 .'~TANA,59620-0901 OREMAILED~ a, 

VIEW A COPY OF THE PROPOSED 1 -TO THE BOARD SECRETARY AT _ ' 

~_

.AMENDMENTS-TO~,MONTANA'S,'.I '"`'°BER@STATE .MT.US",`NOLATER" ~I' 

` :QUALITI' . RULES ON, .THEIN ;, I '~ ._'":;THA_ N 5 :00'P .M., AUGUST 6, 2003 .';' , .AIR 

TERNET°" AT ~ 

TOBEGUARANTEEDCONSIDER-_ 

-< httnJ/www dea-state mt us/didle- ; ~~ATION, WRITTEN- COMMENTS" 

aal/hearino asD> OR AT THE FOL-t-.MUST BE POSTMARKED ON OR 

'' LOWING LOCATIONS: -" .--i~'' : 4 BEFORE THAT DATE :: '.:' f "':'' 'e I 

- . ;', (PUB. JUNE 30, 2003)'."a 

tt_ ; :.,- __ .- 

, ~a)Montana Department of"' - ' 

I ; a ; =-. 7t_nviroivitental Quality ; ' ;°; 

y ;-yAir-and-Waste'~Manag~mentureau 

MetcalfBuilding 

0 E-. Sixtti Ave :'_' 

"Helena, Monfana,59620-0901`-; 

STATE OF MONTANA, 

County of Custer 

r: . NIT J, ; 

1>,Ir ,_. , ,._ 

BS . 

Jan Daws on , being duly sworn on her oath, 

says that __ s he is and during the time hereinafter 

mentioned, has been the principal clerk of the printer of the 

i;1TL,L~u' CiTt STc"~l, a daliy i>F;~'vspapCi' of general circulation, 

printed and published at Miles City, in said County and State. 

Thatthe AWM - C5n1,293 

a printed and true copy of 

which, cut from the columns of said newspaper, is hereto 

attached, and made a part hereof, was printed and published in 

said newspaper, in the regular and entire issue of every number 

of the paper during the period and time of publication, on the 

following dates, to-wito June 3i: , 2003 

Signed 

ANN J. HU .~~~~~~~~ ; ~~VqD 

NOTARY PUBLIC t~,X'the State of Montana 

Residing z? a~9as City, Montana 

My Commissia;s Exores June 28, 2006 
R"CEf VED 

JUL 0 8 2003 

* * * Proof of Publication* * 

Missoulian Classified 

Put us to work for you 

Mr D?Pt.r±nvironn7ental Aermitiinl7 olja(ity 3~ Air ColT]Pti,a,nce Division 

* 

500 So iuth Higgins Avenue 

Missoula, MT 59801 

Phone: (406) 721-6200 Toll Free: 1-800-332-6212 

Fax: (406) 523-5221 

Emaii: ciassified@missoulian .com 

FIRST DULY SWORN DEPOSES AND SAYS, THAT THE ABOVE NAMED IS A REPRESENTATIVE OF THE 

MISSOULIAN, THE PUBLISHERS OF THE MISSOULIAN, A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED 

IN THE CITY OF MISSOULA, COUNTY OF MISSOULA, STATE OF MONTANA, AND THAT THE SUBJOINED A COPY OF WHICH 

AS PRINTED IS HERETO ATTACHED, WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID ~ 

AD NUMBER: 1830951 

PUBLIC NOTICE 

A W MO 0501,294 

1) ON JULY 30, 2003, AT 

10 :30 A .M ., A PUBLIC 

HEARING WILL BE HELD 

,-FORE THOMAS BOWE, 

ARING OFFICER APANTED BY THE BOARD 

OF ENVIRONMENTAL REVIEW, IN ROOM I11 OF 

THE METCALF BUILDING, 

IS20 EAST 6TH AVE ., 

HELENA, MONTANA, TO 

CONSIDER THE AMENDMENT OF ARM [7 .8 .749, 

17 .8 .759, 17 .8 .763, AND 

17 .8 .764, PERTAINING TO 

CONDITIONS FOR ISSUANCE 

OR DENIAL OF PERMITS, 

REVIEW OF PERMIT APPLICATIONS, REVOCATIONS 

OF PERMITS AND ADMINISTRATIVE AMENDMENTS 

TO PERMITS . 

2) THE PROPOSED 

AMENDMENTS WOULD IMPLEMENT THE PUBLIC 

COMMENT REQUIREMENTS 

OF HOUSE BILL 427, ENACTED BY THE tU03 

MONTANA LEGISLATURE, 

AND WOULD ALLOW THE 

DEPARTMENT OF ENVIRONMENTAL QUALITY TO 

'PROVIDE NOTICES OF DECISIONS ON AIR QUALITY 

PERMITS BY MAIL RATHER 

THAN BY PERSONAL SERVICE. 

3) THE PROPOSED 

AMENDMENTS TO MONTANA'S AIR QUALITY 

RULES COULD AFFECT ALL 

PARTIES REGULATED BY 

THE DEPARTMENT OF ENVIRONMENTAL QUALITY 

UNDER THE AIR QUALITY 

RULES . 

4) THE BOARD WILL BE 

ACCEPTING PUBLIC COMMENT REGARDING THE 

INCORPORATION OF THE 

PROPOSED AMENDMENT 

INTO THE EXISTING MONTANA ADMINISTRATIVE 

~ULES AND ON THE IN7SiON OF THE PROPOSED 

ENDMENT INTO MON- 

,NA'S STATE IMPLEMENTATION PLAN. 

5) 1NTERESTED PARTIES 

MAY REVIEW A COPY OF 

THE PROPOSED AMENDMENT ON THE INTERNET 

A T 

ON JUL 1, 2003, BEFORE ME, A NOTARY PLJBNG WND FOR 

SAID STATE, PERSONALLY APPE 

ite 

WN TO 

ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO 

THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT 

SHE EXECUTED THE SAME. 

COUNTY OF MISSOULA 

NOTARY PUBLIC FOR THE STATE OF MONTANA 

RESIDING AT 

MY COMMISS OIN 

EOpL ~S ONTANA ' ~ -1 ~` ~ ( 

J,~1"~ 8.,4 .t--_LDA.! .L-a VIS ~--C-J-t-rJPRINTED NAME 

DArrc 1 
*** PROOF OF PUBLICATION* * * 

MISSOULIAN CLASSIFIED 

PUT US TO WORK FOR YOU 

H T T P / / 

W W W.DF~O.STATS.MT.LISIDIR/ 

1 .F(:Af itiFARIN ASP OR AT 

THE FOLLOWING LOCATIONS: 

A) MONTANA DEPARTMENT OF ENVIRONMENTAL 

QUALITY AIR AND WASTE 

MANAGEMENT BUREAU 

METCALF BUILDING 

1520 E. SIXTH AVE . 

HELENA, MONTANA 

59620-0901 

B) MONTANA DEPARTMENT OF ENVIRONMENTAL 

QUALITY 

AIRPORT INDUSTRIAL 

PARK IP-9, 

1 

371 RIMTOP 

DRIVE 

BILLINGS, MONTANA 

59105-1978 

C) MISSOULA CITYCOUNTY HEALTH DEPARTMENT 

301 WEST ALDER 

MISSOULA, MONTANA 

59802 

D) CASCADE CITYCOUNTY HEALTH DEPARTMENT 

115 4TH STREET SOUTH 

GREAT FALLS, MONTANA 

59401 

E) CUSTER COUNTY 

SANITARIAN 

CUSTER COUNTY COURTHOUSE 

1010 MAIN STREET 

MILES CITY, MONTANA 

59301 

6) THE STATE OF MONTANA MAKES REASONABLE 

ACCOMMODATIONS FOR 

ANY KNOWN DISABILITY 

THAT MAY INTERFERE 

WITH A PERSON'S ABILITY 

TO PARTICIPATE IN STATE 

GOVERNMENT PROCEEDINGS . PERSOIyS NEEDING 

ACCOMMODATION MUST 

CONTACT THE BOARD NO 

LATER THAN 5 P.M ., JULY 

21, 2003, TO ADVISE THE 

BOARD OF THE NATURE 

OF THE ACCOMMODATION 

THAT YOU NEED. PLEASE 

CONTACT THE BOARD 

SECRETARY AT P.O . BOX 

200901, HELENA, MONTANA 

59620-0901 ; PHONE (406) 

444-2544 ; FAX (406) 444-4386 ; 

O R E M A I L T O 

"BER@STATE.MT.US" . 

7) INTERESTED PARTIES 

MAY SUBMIT THEIR DATA, 

VIEWS, OR ARGUMENTS 

CONCERNING THE PROPOSED AMENDMENT EITHER 

IN WRITING, OR ORALLY 

AT THE HEARING. WRITTEN 

DATA, VIEWS OR ARGUMENTS MAY ALSO BE 

SUBMITTED TO BOARD OF 

ENVIRONMENTAL REVIEW, 

1520 E. SIXTH AVENUE, P.O. 

BOX 200901, HELENA, 

MONTANA, 59620-0901, OR 

SUBMITTED ELECTRONICALLY VIA EMAIL ADD R E S S E D T O 

"BER@STATE.MT.US', NO 

LATER THAN 5 :00 P.M., 

AUGUST 6, 2003 . TO BE 

500 SOUTH HIGGINS AVENUE 

MISSOULA, MT 59801 

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

FAX: (406) 523-5221 

EMAIL: CLASSIFIED@MISSOULIAN .COM 
*** PROOF OF PUBLICATION* * * 

MISSOULIAN CLASSIFIED 

PUT US TO WORK FOR YOU 

GUARANTEED CONSIDERATION, WRITTEN COMMENTS MUST BE POSTMARKED ON OR BEFORE 

THAT DATE. 

#1830951, JUNE 29, 2002 

500 SOUTH HIGGINS AVENUE 

MISSOULA, MT 59801 

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

FAX: (406) 523-5221 

EMAIL: CLASSIFIED@MISSOULIAN .COM 
6 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state .mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Cherry Loney 

Cascade County Health Dept. 

1154thStS 

Great Falls, MT 59401-3618 

RE: Notice of Public Hearing 

PLEASE: 

F~ File or record F~ Per your request 

F~ Return a conformed copy Fj For your information 

0 Review, sign and return F-1 For your file 

0 Review and call ® Notice enclosed 

~ Other: 

Message: The enclosed copy of Notice of Public Hearing on Proposed Amendment of Rules is 

to be retained for review by interested parties. ` 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq .state.mt .us 

TRANSMITTAL LETTER 

June 26, 2003 

TO : Jim Carlson 

Missoula City-County Health Dept. 

301 W Alder 

Missoula MT 59802 

Notice of Public Hearing 

PLEASE: 

~ File or record 1-1 Per your request 

0 Return a conformed copy F] For your information 

~ Review, sign and return 0 For your file 

0 Review and call ® Notice enclosed 

0 Other: 

Message: The enclosed copy of Notice of Public Hearing on Proposed Amendment of Rules is 

to be retained for review by interested parties. 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 - www.deq.stat'e .mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Jim Hughes 

DEQ-Billings 

1371 Rimtop Dr 

Billings MT 591~05-1978 

RE: Notice of Public Hearing 

PLEASE: 

0 File or record 0 Per your request 

F-1 Return a conformed copy F 1 For your information 

E] Review, sign and return F-1 For your file 

F] Review and call ® Notice enclosed 

[:] Other: 

Message: The enclosed copy of Notice of Public Hearing on Proposed Amendment of Rules is 

to be retained for review by interested parties. 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17 .8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544

. 

" www.deq .state.mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Jim Zabrocki 

Custer County Sanitarian's Office 

Courthouse 

Miles City MT 59301 

Notice of Public Hearing 

PLEASE: 

R File or record Fj Per your request 

0 Return a conformed copy Fj For your information 

F] Review, sign and return ~ For your file 

0 Review and call ~ Notice enclosed 

0 Other: 

Message: The enclosed copy of Notice of Public Hearing on Proposed Amendment of Rules is 

to be retained for review by interested parties. 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 

MEMORANDUM 

TO: 

FROM: 

DATE: 

Jan Brown 

Barb Williams 

June 30, 2003 

Mailing notice to interested parties and APCAC members 

I certify that on June 30, 2003, a copy of the notice of public hearing in the 

following matter was mailed to the members of the Air Pollution Control Advisory 

Council (APCAC) and to each of the persons listed in the attached Interested Parties list : 

(1) the amendment of ARM 17.8 .749, 17.8 .759, 17.8 .763 and 17.8 .764 pertaining 

to conditions for issuance or denial of permits, review of permit applications, revocation 

of permits and administrative amendment to permits, and 

(2) the inclusion of the proposed amendment into the Montana State 

Implementation Plan. 

Barb Williams, Supervisor 

AWMB Administrative Support 
GAIL ABERCROMBIE ANN ACHESON LAURA ACKERMANN 

MONTANA PETROLEUM ASSOC FOREST SERV FEDERAL BLDG DECKER COAL COMPANY 

PO BOX 1186 PO BOX 7669 PO BOX 12 

'^ `.ENA MT 59624-1186 MISSOULA MT 59807 DECKER MT 59025-0012 

DENNIS ALEXANDER JOE ALINE DON ALLEN 

APCAC BOARD MEMBER SHUMAKER TRUCKING WETA , 

PO BOX 6272 PO BOX 1279 33 S LAST CHANCE GULCH STE 2A 

BOZEMAN MT 59771-6272 GREAT FALLS MT 59403 HELENA MT 59624 

RON ANDERSON MARTIN BASTA ROBERT K BERGMAN 

LINCOLN CTY HEALTH DEPT CITY OF GT FALLS PUBLIC WORKS ROCKY MOUNTAIN LABS 

418 MINERAL AVE PO BOX 5021 903 S 4TH ST 

LIBBY MT 59923 GREAT FALLS MT 59403-5021 HAMILTON MT 59840 

BRAD BLACK TIM BLUME RUSS BOSCHEE 

APCAC BOARD MEMBER US ARMY ENVIRONMENTAL YELLOWSTONE COUNTY APC 

PO BOX 1442 729-19TH ST 4TH FLR RM 427 3306 2ND AVE N 

LIBBY MT 59923-1442 DENVER CO 80202-2500 BILLINGS MT 59101 

JOAN BOWSHER TIM BOZORTH CHIP BREMER 

CITY-COUNTY HEALTH DEPT BLM CITE 

PO BOX 1723 PO BOX 36800 PO BOX 12763 

HELENA MT 59624 BILLINGS MT 59107 RTP NC 27709 

JEFF BRIGGS MARK BROOK 

LOUISIANA PACIFIC-DEER LODGE MORRISON-MAIERLE INC 

PO BOX 389 PO BOX 6147 

DEER LODGE MT 59722 HELENA MT 59601 

LEE BRUNER 

PO BOX 2000 

BUTTE MT 59702 

WANDA BURGET DEXTER BUSBY JIM CARLSON 

POWDER RIVER COAL CO MONTANA REFINING CO MISSOULA CITY-CO HEALTH 

CALLER BOX 3034 , 1900 10TH ST NE 301 W ALDER 

GILLETTE WY 82717 GREAT FALLS MT 59404-1955 MISSOULA MT 59802-4123 

MARK CECHOVIC CARL CHRISTENSEN BRUCE CLARK 

PROFESSIONAL GEOLOGIC PUBLIC UTILITIES DEPT GENESIS INC 

3009 ERWIN AVE PO BOX 30958 PO BOX 1660 

BOZEMAN MT 59715 BILLINGS MT 59111-0958 TROY MT 59935 

BRIAN K CLIFTON M.S . R.S . DALE COCKRELL DAN CORTI 

CITY-COUNTY HEALTH DEPT CHRISTENSEN MOORE COCKRELL U OF M ENVIRONMENTAL HEALTH 

115 4TH ST SOUTH PO BOX 7370 BLDG 32 MS 9144 

GREAT FALLS MT 59405 KALISPELL MT 59904-0370 MISSOULA MT 59812 

~COURTNEY CROWLEY HAUGHEY HANSON 

Q.,ANECO LLC 

FRANK CROWLEY TOOLE AND DIETRICH PLLP 

PO BOX 7370 

POWER BLOCK BLDG STE 300 PO BOX 797 

SHERIDAN WY 82801 

HELENA MT 59624-1185 HELENA MT 59624-0797 
DOUG DAVISON DON DAY 

KNIFE RIVER COAL MINING STIMSON LUMBER CO 

1915 N KAVANEY DR 875 HWY 2 S 

BISMARCK ND 58501 LIBBY MT 59923 

DUGAN & SCHUG 

EXXONMOBIL 

PO BOX 2180 KT RM 453 

HOUSTON TX 77252-2180 

JOHN W DUNCAN 

RR #1 PO BOX 33 

JOPLIN MT 59531 

RALPH DRIEAR 

HYDROMETRICS INC 

1116 HELENA FLATS RD 

KALISPELL MT 59901 

LINDA J DWORAK DVM 

APCAC BOARD MEMBER 

PO BOX 1663 

HAMILTON MT 59840 

NATHAN EKLUND ENERGY & ENV MEASUREMENT ELLEN ENGSTEDT SUMMIT ENVIROSOLUTIONS INC CORP MONTANA WOOD PRODUCTS 1217 BANDANA BLVD 1744 MULLOWNEY LN PO BOX 1149 ST PAUL MN 55108 , BILLINGS MT 59101 HELENA MT 59624-1149 

L A ERICKSON JAMES FLANSBURG ASARCO TROY UNIT TODD EVERTS HAYS LODGE POLE SCHOOLS PO BOX 1660 STATE CAPITOL RM 106 BOX 110 

TROY MT 59935 HAYS MT 59527 

WILLIAM E FLYNN ROBERT D FOOTE ALAN FRONBERG LUZENAC AMERICA EXXON MOBIL CORP GLACIER ENGINEERING PC 767 OLD YELLOWSTONE TR 607 EXXON RD ° 124 1ST AVE S STE 17 THREE FORKS MT 59752 BILLINGS MT 59101 GREAT FALLS MT 59401 

PEGGY FRUIT RONALD GEHRKE 

TOWN OF BROADUS BIG SKY MINING CO 

PO BOX 659 PO BOX 97 

BROADUS MT 59317 ' COLSTRIP MT 59323 

JOHN GERHART 

PO BOX 283 

BELT MT 59412 

JAMES W GELHAUS 

48 CLOPTON LN 

TOWNSEND MT 59644 

ALAN GLUECKERT ALEXANDRA GORMAN 

MILES CITY LAUNDRY WOMEN'S VOICES FOR THE EARTH 

PO BOX 1409 PO BOX 8743 

MILES CITY MT 59301 MISSOULA MT 59807-8743 

LISA GRAHAM LEIF GRIFFIN ELLA GUTZKE 

SMURFIT-STONE CONTAINER CORP SMURFIT-STONE CONTAINER CORP SHERIDAN MEMORIAL HOSPITAL PO BOX 4707 PO BOX 4707 440 W LAUREL AVE MISSOULA MT 59806 MISSOULA MT 59806 PLENTYWOOD MT 59254 

RALPH HAMLER WILLIAM HARBRECHT KATHY HARRIS PE MADISON COUNTY WESTERN ENERGY COMPANY APCAC BOARD MEMBER PO BOX 278 PO BOX 99 2205 LIME KILN RD VIRGINIA CITY MT 59755 COLSTRIP MT 59323 HELENA MT 59601 

ANNE HEDGES MARTIN HESTMARK LYNN HILL MEIC US EPA-REGION VIII-8ENF-T MSE-HKM INC PO BOX 1184 999 18TH ST STE 300 PO BOX 7010 HELENA MT 59624 DENVER CO 80202-2405 SHERIDAN WY 82801 
DAVID HRUBES GENE HUGHES GREG HUGHES 

EASTERN MONTANA WEST AIR NORWEST INVESTMENT 

PO BOX 36 2430 AIRPORT RD PO BOX 5011 

"`7HEY MT 59259 HELENA MT 59601 GREAT FALLS MT 59403 

JIM HUGHES 

DEQ-BILLINGS 

1371 RIMTOP DR 

BILLINGS MT 59105-1978 

ROSE HUGHES 

THE CONSULTING ENGINEERS 

36 S LAST CHANCE GUL STE A 

HELENA MT 59601 

AMANDA JENKINS 

NORWEST INVESTMENT 

PO BOX 5011 

GREAT FALLS MT 59403 

TINA JENKINS 

DEQ AIR QUALITY DIV 

1043 COFFEEN AVE STE D 

SHERIDAN WY 82881 

DALE J JOHNSON 

ENVIRONMENTAL HEALTH 

4748 RIMROCK RD 

BILLINGS MT 59106 

ROYAL C JOHNSON 

STATE SEN SD 5 

2915 ILLINOIS 

BILLINGS MT 59102 

THOMAS KALLENBACH 

FLUIDYNE INC 

533 BLACKWOOD RD 

BOZEMAN MT 59718-7604 

PAT KIMMET 

CENEX 

PO BOX 909 

LAUREL MT 59044-0909 

JERRY D. KNUTSON 

WEST-TECH SUPPLY & SERVICES 

PO BOX 80711 

BILLINGS MT 59108 

LARRY LAKNAR 

BEAVERHEAD COUNTY SANITARIAN 

2 S PACIFIC ST 

DILLON MT 59725-2799 

TOM JENTZ 

FLTHD REGIONAL DEV OFC 

17 2ND ST E STE 211 

KALISPELL MT 59901 

DEAN JOHNSON 

APCAC BOARD MEMBER 

BOX 131 

GLENDIVE MT 59330 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY MT 59634 

JAKE KAMMERER R.S . 

RAVALLI COUNTY ENV HEALTH 

215 S 4TH ST STE D 

HAMILTON MT 59840 

TOM KIRCHER 

STILLWATER MINING CO 

HC54 BOX 365 

NYE MT 59061 

CHRIS KOLSTAD 

APCAC BOARD MEMBER 

HC 74 BOX 49 

LEDGER MT 59456 

CATHY LAUGHNER 

BROWNING KALECZYC 

PO BOX 1697 

HELENA MT 59624 

BRUCEJOHNSON 

SUMMIT ENVIROSOLUTIONS INC 

1217 BANDANA BLVD 

ST PAUL MN 55108 

RILEY JOHNSON 

NFIB 

330 FULLER AVE 

HELENA MT 59601 

MICHAEL S KAKUK 

HOOVESTAL & KAKUK PLLC 

PO BOX 747 

HELENA MT 59624-0747 

BOB KELLY 

INTERTEC 

619 S W HIGGINS STE S 

MISSOULA MT 59803 

PETER KLEVBERG 

MAXIM TECHNOLOGIES INC 

1601 SECOND AVE N STE 116 

GREAT FALLS MT 59401 

LEONARD KUNTZ 

CIRCLE SINCLAIR SERVICE 

BOX 75 

CIRCLE MT 59215 

MITCHELL LEU 

PLUM CREEK - APCAC MEMBER 

PO BOX 160 

COLUMBIA FALLS MT 59912 

' ~ TCY LINSCOTT LION TECHNOLOGIES INC CHERRY LONEY 

N__ _UM TECHNOLOGIES INC ATTN LIBRARY CASCADE CO HEALTH DEPT 

PO BOX 2730 PO BOX 700 115 4TH ST S 

MISSOULA MT 59806 LAFAYETTE NJ 07848 GREAT FALLS MT 59401-3618 
RICHARD LONG 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER CO 80202-2405 

LOUISE LORD 

31 LAURIN LOOP 

SHERIDAN MT 59749 

DIANE LORENZEN 

APCAC BOARD MEMBER 

11 FRIENDSHIP LN STE 102 

MONTANA CITY MT 59634 

MICHAEL J LUCIANO MICHAEL MACHLER DEB MADISON FARM HARVESTING OF EUREKA APCAC BOARD MEMBER FORT PECK TRIBES PO BOX 1050 771 TOPAZ AVE BOX 1027 EUREKA MT 59917 . BILLINGS MT 59105 POPLAR MT 59255 

DON MAY GABRIEL MCAULIFFE BRIAN MCHUGH MAXIM TECHNOLOGIES INC SIERRA RESEARCH MAXIM TECHNOLOGIES INC PO BOX 2730 1801 J ST 618 S 25TH ST MISS.OULA MT 59801 SACRAMENTO CA 95814 BILLINGS MT 59107 

JOHN MCKENNA WILLIAM MCLAUGHLIN DEENA MCMULLEN 

ETS INTERNATIONAL 341 CES/CEVC MGR OF GOVT & PUB AFFRS MT, WY, 1401 MUNICIPAL RD NW 39 78TH ST N ND, SD 

ROANOKE VA 24012-1309 . MALMSTROM AFB MT 59402-7536 518 17TH ST STE 620 

DENVER CO 80202 

WALTER L MCNUTT ARNIE A MOHL BOB MONTGOMERY AG EQUIPMENT SALES A-1 PAVING WESTERN ENERGY CO 110 12TH AVE SW 3131 HWY 2 E PO BOX 99 SIDNEY MT 59270 KALISPELL MT 59901 COLSTRIP MT 59323 

TIM MULLIGAN DARREL MYRAN ANNISSA NELSON RISK MANAGEMENT DIV WESTMORELAND RESOURCES INC TANKNOLOGY PO BOX 3767 BOX 449 470 SCHROCK RD STE L BUTTE MT 59702 HARDIN MT 59034 COLUMBUS OH 43229 

ALLEN NIPPLE DAVE NOELL ANN O'HAGAN 

SPRING CREEK COAL CO APCAC BOARD MEMBER WCEC INC 

PO BOX 67 1318 BABCOCK CIRCLE 1030 SOUTH AVE W DECKER MT 59025-0067 BILLINGS MT 59105 MISSOULA MT 59801 

OWEN ORNDORFF JOE O'ROURKE SANDI OLSEN YELP FH STOLTZE LAND & LUMBER DEQ-REM DEADHEAD MAIL 1087 W RIVER ST STE 200 BOX 1429 

BOISE ID 83702 COLUMBIA FALLS MT 59912 

JIM PARKER DICK PAULSEN MARTIN PERGA PPL MT AMERICAN LUNG ASSN CENEX LAUREL REFINERY 1 WAREHOUSE RD 825 HELENA AVE PO BOX 909 COLSTRIP MT 59323 HELENA MT 59601 LAUREL MT 59044-0909 

STEVE PILCHER DAN POWERS DON QUANDER 

PO BOX 1715 BUTTE/S13 HEALTH DEPT HOLLAND AND HART 

HELENA MT 59624-1715 25 W FRONT ST 401 N 31ST ST STE 1500 

BUTTE MT 59701 BILLINGS MT 59101 
JIM RAMAKER 

PO BOX 760 

CHOTEAU MT 59422 

BEN RANGEL 

GTF C-C PLAN DEPT HOWARD REED 

PO BOX 5021 DPHHS/FCSS COGSWELL BLDG 

GREAT FALLS MT 59403 

HARRY REUCUREL JEREMY RHODES RANDALL RICHERT 

BNSF RAILWAY 341 ST CES/CEV CONOCO 

PO BOX 1914 39 78TH ST N PO BOX 30198 

HAVRE MT 59501 MALMSTRM AFB MT 59402-7536 BILLINGS MT 59101-0198 

MICHAEL RINOLOI TIM ROARK HAL ROBBINS 

CENTRAL MT HEALTH DEPT GALLATIN CITY-COUNTY HEALTH BISON ENGINEERING INC 

305 W WATSON ST 311 W MAIN COURTHOUSE 30 S EWING 

LEWISTOWN MT 59457 BOZEMAN MT 59715 HELENA MT 59601 

KEVIN ROBINSON CORRINE A ROSE RS JOE RUSSELL 

US WEST TETON/PONDEROSA COUNTY FLATHEAD CTY HEALTH DEPT 

250 BELL PLAZA #1601 BOX 610 1035 1ST AVE W 

SALT LAKE CITY UT 84111 CHOTEAU MT 59422 KALISPELL MT 59901 

PAT SAINDON GERALD SCHLOSSER BRIAN SCHOOF 

PLANNING DIVISION SUPR OF PLANT SERVICES ROSEBUD COUNTY SANITARIAN 

MT DOT 1101 26TH ST S BOX 388 

HELENA-DEADHEAD MT GREAT FALLS MT 59405 FORSYTH MT 59301 

CURT SCRIBNER WADE SELLERS 

YELLOWSTONE ENERGY LTD SUPERIOR ENTERPRISES JAN SENSIBAUGH 

2215 FRONTAGE RD PO BOX 128 DEQ DEADHEAD MAIL 

BILLINGS MT 59101-7307 SUPERIOR MT 59872 

JON SESSO DAVE SIMPSON DENNIS J SNOW RS 

BUTTE/SILVER BOW PLAN WESTMORELAND RESOURCES DAWSON CITY SANITARIAN 

CRTHSE 155 W GRANITE PO BOX 449 207 W BELL 

BUTTE MT 59701 HARDIN MT 59034 GLENDIVE MT 59330 

RICH SOUTHWICK PATRICIA SPENCER LYNN STABENFELDT 

BISON ENGINEERING INC ENVIRONMENT REPORTER MULTISTATE ASSOCIATES INC 

30 S EWING BNA-1231 25TH ST NW S-382 515 KING ST 

HELENA MT 59601 WASHINGTON DC DC 20037 ALEXANDRIA VA 22314 

SANDY STASH FRED STEELE RICK STEFANIC 

ARCO CSKT TRIBAL HEALTH BUREAU OF INDIAN AFFAIRS 

317 ANACONDA AVE BOX 880 316 N 26TH ST 

BUTTE MT 59701 ST IGNATIUS MT 59865 BILLINGS MT 59101 

'°°"" 2UELINE STEPHAN STEPHEN BLANKENSHIP FORD SAM STEPHENSON 

L JRMATION RESOURCES INC 925 L ST STE 390 ARCO 

1201 SEVEN LOCKS RD STE 300 SACRAMENTO CA 95814 

317 ANACONDA AVE 

POTOMAC MD 20854-2931 BUTTE MT 59701 
FRED STIERS TOM STOKES JR STAN STERNBERG CONOCO INC STOKES EXCAVATING INC MT DOT PO BOX 30198 BOX 372 RTE 3 BILLINGS MT 59107-0198 CONRAD MT 59425 

ANDREA STOMBERG 

MONTANA-DAKOTA UTILITIES 

400 N 4TH ST 

BISMARCK ND 58501 

SUPERINTENDENT 

GLACIER NATIONAL PARK 

WEST GLACIER MT 59936 

LARRYSVOBODA 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER CO 80202-2405 

LILA TAYLOR 

BOX 595 KIRLEY RT 

BUSBY MT 59016 

RAY TILMAN 

MONTANA RESOURCES 

600 SHIELDS AVE 

BUTTE MT 59701 

DARYL URAN 

WILLISTON BASIN INST PIPEL 

PO BOX 131 

GLENDIVE MT 59330 

GERALD WAGNER 

BLACKFEET TRIBAL 

PO BOX 2029 

BROWNING MT 59417 

KEVIN K. WALSH 

ENVIRONMENTAL CONSULTING 

451 FREEDOM AVE 

BILLINGS MT 59105 

LINDA WIEGERT 

MERIDIAN OIL INC 

801 CHERRY ST STE 700 

FORT WORTH TX 76102 

JIM ZABROCKI 

CUSTER COUNTY SANITARIAN'S 

OFFICE 

COURTHOUSE 

MILES CITY MT 59301 

PAT THEMMING SHANNON THERRIAULT 

PPL MT CITY COUNTY HEALTH DEPT 303 N BROADWAY STE 400 301 W ALDER ST 

BILLINGS MT 59101 MISSOULA MT 59802 

STEVE TURKIEWICZ TONY TWEEDALE 

MONTANA AUTO DEALERS ASSN MT-CHEER 

501 N SANDERS ST 640 LIVINGSTON AVE 

HELENA MT 59601 MISSOULA MT 59801-8002 

CALLIE VIDETICH STEVE WADE 

US EPA REGION VIII-8P-AR BROWNING KALECZYC BERRY & 

999 18TH ST STE 300 HOVEN 

DENVER CO 80202-2466 PO BOX 1697 

HELENA MT 59624 

SCOTT WALKER 

BETSY WAHL YELLOWSTONE CITY .COUNTY 

EPA-MT OFFICE DEADHEAD MAIL 510 N BROADWAY 

BILLINGS MT 59101 

WARDEN CHRISTIANSEN JOHNSON 

JOHN WARDEL & BERG 

EPA-MT OFFICE DEADHEAD MAIL PO BOX 3038 

KALISPELL MT 59903 

STEVE D WRIGHT BOB YUHNKE 

COLUMBIA FALLS ALUMINUM ENVIRONMENTAL DEFENSE FUND 

2000 ALUMINUM DR 2910 B COUNTY RD 67 

COLUMBIA FALLS MT 59912 BOULDER CO 80302 

LARRY ZINK 

MT SULPHUR & CHEMICAL CO 

PO BOX 31118 

BILLINGS MT 59107 

CARBON COUNTY HEALTH DEPT 

BOX 466 

RED LODGE MT 59068 

CENTER FOR ENVIRONMENTAL CENTURY COMPANIES INC FARMERS UNION OIL CO PO BOX 9375 BOX 739 1000 SMELTER AVE MISSOULA MT 59807-9375 LEWISTOWN MT 59457 BLACK EAGLE MT 59414 
MONTANA MOTOR CARRIERS MONTANA AUDUBON MONTANA POWER CO 

501 N. SANDERS ST #201 PO BOX 595 PO BOX 38 

HELENA MT 59601-4552 HELENA MT 59624 COLSTRIP MT 59323 

NORTHERN PLAINS RESOURCE 

COUNCIL 

2401 MONTANA AVE #200 

BILLINGS MT 59101-2336 

PACK & COMPANY CONST WIBAUX CO-OP OIL CO 

PO BOX 8150 PO BOX 178 

KALISPELL MT 59904-1150 WIBAUX MT 59353 

*LAST EDITED BY JAN B 
8 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq .state.mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Brad Black, M.D. 

PO Box 1442 

Libby, MT 59923-1442 

RE : Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record 0 Per your request 

~ Return a conformed copy ~ For your information 

0 Review, sign and return ~ For your file 

F1 Review and call ® Notice enclosed 

R Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17 .8 .763 and 17 .8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
Judy Martz, Governo. 

P.O. Box 200901 " Helena, NIT 59620-0901 " (406) 444-2544 " www.deq .state .mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Linda J. Dworak, DVM 

P.O. Box 1663 

Hamilton, MT 59840 

Notice of public hearing on proposed amendment of air quality rules 

PLEASE : 

0 File or record R Per your request 

0 Return a conformed copy F] For your information 

El Review, sign and return 0 For your file 

F1 Review and call ~ Notice enclosed 

0 Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17 .8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits . 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state.mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Kathy Harris, P.E. 

2205 Lime Kiln Road 

Helena, MT 59601 

RE : Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record F1 Per your request 

~ Return a conformed copy Fj For your information 

~ Review, sign and return 0 For your file 

F-1 Review and call ® Notice enclosed 

F-1 Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

^ 

, Air & Waste Management Bureau 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
Judy Martz, Governo . 

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

TRANSMITTAL LETTER 

June 26, 2003 

TO: Kathy Harris, P.E. 

2205 Lime Kiln Road 

Helena, MT 59601 

RE: Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record 0 Per your request 

~ Return a conformed copy 0 For your information 

~ Review, sign and return Fj For your file 

0 Review and call ® Notice enclosed 

~ Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17 .8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq .state.mt .us 

TRANSMITTAL LETTER 

June 26, 2003 

TO : Dean Johnson 

Box 131 

Glendive, MT 59330 

RE : Notice of public hearing on proposed amendment of air quality rules 

PLEASE : 

~ File or record F~ Per your request 

~ Return a conformed copy ~ For your information 

~ Review, sign and return ~ For your file 

r] Review and call ® Notice enclosed 

n Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
Judy Martz, Governoi 

P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state .rnt .us 

TRANSMITTAL LETTER 

June 26, 2003 

TO : Chris Kolstad 

HC 74, Box 49 

Ledger, MT 59456 

Notice of public hearing on proposed amendment of air quality rules 

PLEASE : 

F-1 File or record F~ Per your request 

Q Return a conformed copy 0 For your information 

~ Review, sign and return ~ For your file 

~ Review and call ® Notice enclosed 

~ Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state .mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Mitchell Leu 

Box 1990 

Columbia Falls, MT 59912 

RE: Notice of public hearing on proposed amendment of air quality rules 

PLEASE : 

0 File or record [] Per your request 

0 Return a conformed copy ~ For your information 

0 Review, sign and return 0 For your file 

0 Review and call ® Notice enclosed 

~ Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17 .8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

, Air & Waste Management Bureau 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state.mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Diane Lorenzen, P. E. 

11 Friendship Lane - Suite 102 

Montana City, MT 59634 

RE: Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record ~ Per your request 

F-1 Return a conformed copy ~ For your information 

0 Review, sign and return 0 For your file 

~ Review and call ® Notice enclosed 

~ Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17 .8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Jan Brcywr, Air & Waste Management Bureau 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 - www.deq.state .rnt .us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Mike Machler 

771 Topaz Ave. 

Billings, MT 59105 

RE: Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record 0 Per your request 

0 Return a conformed copy ~ For your information 

0 Review, sign and return 0 For your file 

Fj Review and call ® Notice enclosed 

0 Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17 .8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Jan Bro Air & Waste Management Bureau 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 - (406) 444-2544 " www.deq.state.mt.us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Dave Noell 

1318 Babcock Circle 

Billings, MT 59105 

Notice of public hearing on proposed amendment of air quality rules 

PLEASE: 

0 File or record F]Per your request 

0 Return a conformed copy ~ For your information 

~ Review, sign and return 0 For your file 

0 Review and call ® Notice enclosed 

n Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17.8 .749, 17.8 .759, 

17.8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Air & Waste Management Bureau 

&wn'hO&-~-0~~. , 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
P.O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www.deq.state.mt .us 

TRANSMITTAL LETTER 

June 26, 2003 

TO: Rich Southwick 

173 Cottonwood Road 

Townsend MT 59644 

Notice of public hearing on proposed amendment of air quality rules 

PLEASE : 

F] File or record 0 Per your request 

0 Return a conformed copy Fj For your information 

Fj Review, sign and return F-1 For your file 

F-1 Review and call ® Notice enclosed 

F~ Other: 

Enclosure: Notice of public hearing in the matter of the amendment of ARM 17 .8 .749, 17.8 .759, 

17 .8 .763 and 17.8 .764 pertaining to conditions for issuance or denial of permits, review of 

permit applications, revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 

Montana DEQ - Legal Unit - Rule Notices With Hearing Page 1 of 4 

Montana Home DEQ Home Divisions Public Interest Contacts Search June ' 

Legal Unit Home 

About the Legal Unit 

Legal Unit Contacts 

Montana Code Annotated 

Administrative Rules of 

Montana -Title 17 

Rule Notices 

Notices with Hearing 

Notices without Hearing 

Negotiated Notices 

Final Adoption Notices 

Transfer Notices 

Emergency Notices 

Download Acrobat 

Adobe Reader to view pdf files . 

Notices of Proposed ADMINISTRATIVE 

Rulemaking RULES OF 

with Hearing MONTANA 

PUBLIC 

HEARING COMMENT DUE 

DATE WHERE DATE PURPOSE 

Proposed Amendment of 

10 :00 a.m. 

Room 35 Metcalf 5:00 p.m. 

ARM 17.36.340 

Building, 1520 East (Subdivisions - Minimum 

Sixth Avenue, Lot Size Requirements for 

July 16, 2003 Helena, Montana July 24, 2003 Subdivisions - .MAR Notice 

No. 17-195) 

_- ___------ 

Proposed Amendment of 

1:30 p.m. 

Room 111 Metcalf 5:00 p.m. 

ARM 17.8 .501, 504, 505, 

Building, 1520 East etc. (Air Quality - 

Sixth Avenue, Definiti ons, Permit 

July 30, 2003 Helena, Montana August 6, 2003 Application Fees, etc. - 

NIAR Notice No. 17-193) 

Proposed Amendment of 

10:30 a.m. 

Room 111 Metcalf 

Building, 1520 East 5:00 p.m. ARM 17 .8 .749, 759, 763, 

Sixth Avenue 764 (Air Quality - House 

Jul 30 2003 

, 

Au ust 6 2003 Bill =427 - Permits - MAR 

y ~ Helena, Montana g 

' Notice No. 17-194) 

Proposed Amendment of 

Room 35 Metcalf ARM 17.3 8.602, 603 

1 :00 p.m. 5:00 p.m. (Public Water and Sewage Building, 1520 East 

Sixth Avenue, System Requirements - 

July 31, 2003 Helena Montana July 31, 2003 Definitions and 

, Enforcement Procedures - 

MAR Notice No. 17-191) 

Proposed Amendment of 

9:00 a.m. 

Room 35 Metcalf 

Building, k1520 East 5:00 p.m. ARM 17 .30.716 (Water 

Si th A Quality - Non-Si gnificant x venue, 

July 31 2003 C H l M t July 31 2003 hanges in Water Quality , e ena, on ana , 

MAR Notice No. 17-192) 

I 

Proposed Amendment of 

17.38 .101, 201A, 202, etc . 

10 00 R 111 M lf (Public Water Stipply and : a.m. oom etca 

Building, 1520 East 5:00 p.m. Wastewater System 

April 30 Sixth Avenue, Requirements - Ground , 

2003 Helena Montana May 8, 2003 Water Under the Direct 

, Influence of Surface Water 

Determinations - MAR 

Notice No. 17-190) 

Proposed Amendment of 

Lewis Room 17 .56.101, 102, 201, etc., 

repeal of 17 .56.103, 

10:00 a.m. 2209 Phoenix 5:00 p.m. 17 .56.1101-1104 

http ://www.deq.state .mt.us/dir/legal/hearing.asp 6/25/2003 
10 
P.O. Box 200901 - Helena, MT 59620-0901 - (406) 444-2544 - www.deq.state.mt.us 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

TESTIMONY IN THE MATTER OF AMENDMENT OF AIR QUALITY RULES 

PERTAINING TO THE AMENDMENT OF ARM 17 .8 .749, 17 .8 .759, 17 .8 .763 and 17 .8 .764 

30-DAY COMMENT PERIOD (House Bill 427) 

July 30, 2003 

For the record, my name is Jan Brown. I am a Rule Development Specialist in the 

Technical Support Section of the Air and Waste Management Bureau with the Montana 

Department of Environmental Quality located in the Metcalf Building in Helena, 

Montana. I am here to present testimony for the Department . 

The Department is proposing amendments to the air quality rules that are required 

by House Bill 427, which was enacted by the 2003 Montana Legislature . Other 

proposed amendments would change the method used by the Department to notify 

permit applicants of the Department's decision on the application . 

House Bill 427 amended §75-2-211, MCA and required the Board of Environmental 

Review (Board) to adopt rules providing a 30-day public comment period for draft 

air quality permits that are : 

1 . Subject to the federal air permitting provisions of : 

a . 42 U .S .C . 7475 (attainment area major new source review ; prevention of 

significant deterioration (PSDJ), 

b . 42 U .S .C . 7503 (non-attainment area major new source review), or 

c . 42 U .S .C . 7661 (Title V operating permits for major sources) ; 

2 . Subject to the incinerator permitting provisions of §75-2-215, MCA; or 

3 . That require preparation of an Environmental Impact Statement (EIS) . 

The proposed amendments to ARM 17 .8 .759(4)(b) implement this requirement by 

extending the public comment period from 15 days to 30 days for applications 

subject to the requirements I just described . 

The Board has received comments from the Environmental Protection Agency (EPA) 

requesting that the Board revise the proposed rule to apply the 30-day comment 

period to construction permits that establish "synthetic minor" limits, placing 

the applicants below major source permitting thresholds . EPA also requests that 

the Board clarify that the 30-day comment period applies to case-by-case MACT 

determinations . 

As the proposed rule is currently written, the 30-day comment period and the 75-

day period for final action apply to Title V synthetic minor permits and case-bycase MACT determinations, since these applications are subject to the federal air 

permitting provisions of 42 U .S .C . 7661 . Applying the 30-day comment period to 

PSD/NSR synthetic minor permits is not in keeping with the legislative mandate . 

HB 427 also amended §75-2-211 to extend from 60 days to 75 days the timeline for 

the Department to notify an applicant of the approval or denial of the application 

for those applications that do not require preparation of an Environmental Impact 

Statement (EIS), and are subject to federal air permitting or incinerator 

permitting requirements . The proposed amendments to ARM 17 .8 .759(4)(c) would 

implement the extended final decision timelines to allow for the 30-day comment 

period . 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
ARM 17 .8 .749(7), 17 .8 .763(2) and (3), and 17 .8 .764(2) and (3), require the 

Department to follow the Montana Rules of Civil Procedure in serving notice of the 

Department's decision to deny an application for an air quality permit, revoke a 

permit, or make an administrative amendment to a permit . 

Rule 4(D)(1) of the Montana Rules of Civil Procedure requires personal service by 

a sheriff, deputy sheriff, constable, or other person over the age of 18 . 

Personal service of the Department's decision to approve or deny a permit 

application or to revoke or amend a permit is not necessary or cost-effective . 

The proposed amendments to ARM 17 .8 .749(7), 17 .8 .763(2) and (3), and 17 .8 .764(2) 

and (3) would allow the Department to provide these notices by mail . 

David Rusoff, DEQ staff attorney, has prepared a HE 521 review, comparing 

stringency of state and local rules to any comparable federal regulations, and a 

HE 311 review, assessing impact on private property . 

In regard to the HE 521 review, the proposed amendments would not make the State 

rules more stringent than comparable federal regulations or guidelines . Therefore, 

no further HE 521 analysis is required . 

In regard to the HE 311 review, the present proposed action involves rules 

affecting use of private real property for operation of air pollutant sources, and 

the Board has discretion legally not to take the action . Therefore, the Private 

Property Assessment Act applies to this proposed rulemaking and completion of an 

Attorney General's Private Property Assessment Act Checklist is required . This 

checklist was completed . Based upon completion of the checklist, the proposed 

rulemaking does not have taking or damaging implications and no further HE 311 

assessment is required . 

In addition to the MAR notice, the proposed rule changes were publicly noticed in 

five daily newspapers in Montana, were posted on the Department's web site, and 

were mailed to the Department's interested parties list and to the Air Pollution 

Control Advisory Council . 

The Department recommends the Board's adoption of the amendments to the air 

quality rules as proposed in the Montana Administrative Register . 
11 
Montana Department of 

10 ,!UNVIRaNMENTAI. OUAIJTY Judy Martz, Governor 

P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " Website : www.deq.state.tttt .us 

OFFICE MEMORANDUM 

TO : Board of Environmental Review 

FROM : David Rusoff, DEQ Staff Attorney 'b 

SUBJECT : House Bill 521 and House Bill 311 review for proposed 

amendment of ARM 17 .8 .749, 17 .8 .759, 17 .8 .763, and 

17 .8 .764, concerning review of air quality permit 

applications, revocation of air quality permits, and 

amendment of air quality permits 

DATE : July 28, 2003 

HB 521 REVIEW 

(Comparing Stringency of State and Local Rules 

to Any Comparable Federal Regulations or Guidelines) 

Sections 75-2-111 and 207, MCA, codify the air quality provisions 

of House Bill 521, from the 1995 legislative session, by requiring 

the Board of Environmental Review to make certain written findings 

after a public hearing and public comment, prior to adopting a rule 

to implement the Clean Air Act of Montana that is more stringent 

than a comparable federal regulation or guideline . 

In this proceeding, the Board is proposing to amend ARM 17 .8 .749, 

17 .8 .759, 17 .8 .763, and 17 .8 .764, concerning review of air quality 

permit applications, revocation of air quality permits, and 

amendment of air quality permits . The proposed amendments would : 

Revise the rules to provide for a 30-day comment period 

concerning draft air quality permits for major sources, draft 

air quality permits for incinerators, and draft air quality 

permits for applications requiring preparation of an 

environmental impact statement ; 

Revise the rules to extend the deadline from 60 days to 75 

days for a Department Decision on a permit application for a 

major source or incinerator when the application does not 

require preparation of an EIS ; and 

Revise the rules to allow the Department to provide notice by 

1 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
mail, rather than by personal service, when the Department 

denies an application for an air quality permit, revokes a 

permit, or amends a permit . 

The language of Section 75-2-207, MCA, concerning adoption of rules 

that are more stringent than comparable federal regulations or 

guidelines implies that the statute was intended to apply only to 

standards such as emission or discharge limits and was not intended 

to apply to procedural requirements . The statutory language 

requiring a finding that the proposed "state standard or 

requirement" protects public health or the environment, can 

mitigate harm to public health or the environment, and is 

achievable under current technology does not seem applicable to 

procedural requirements . Further, the statutory language requiring 

reference to peer-reviewed scientific studies also is not 

applicable to procedural rules . 

However, even if HB 521 applies to the present rulemaking, the 

proposed amendments would not make the State's rules more stringent 

than comparable federal regulations or guidelines . 

There are no federal regulations or guidelines concerning the 

method of service of a decision on a permit application, 

revocation, or amendment . 

Federal law does not provide special preconstruction permitting 

procedures for incinerators but there are federal regulations 

concerning issuance of preconstruction permits for major sources . 

Federal regulations concerning approval of state programs for 

review of new major sources and modifications to major sources 

require a 30-day comment period on applications, except when this 

requirement would conflict with state statutory authority . See, 40 

CFR 51 .161(b)(2) and (c) . Federal regulations specific to approval 

of state programs for issuing permits to construct major sources in 

attainment areas (Prevention of Significant Deterioration or PSD 

areas) require that the determination on an application be made 

within one year after receipt of a complete application . See, 40 

CFR 51 .166 (q) (2) and (q) (2) (vi) . Federal regulations stating the 

requirements applicable to an EPA PSD program in a state require a 

30-day comment period but do not specify a deadline for a final 

decision . See 40 CFR 52 .21(q) and 40 CFR 124 .10(b) . There are no 

federal regulations stating a specific timeline for final decisions 

on nonattainment area permit applications . 

In summary, HB 521 probably does not apply to procedural rules . 

Even if it did, there are no federal regulations or guidelines 

concerning the method of service of permit decisions . There are 

federal regulations concerning timelines for public comment and 
permit decisions, but the proposed 30-day comment period and 

proposed 75-day period for a final decision on certain permit 

applications are not more stringent than the 30-day comment period 

and one-year deadline for decisions provided under federal 

regulations . 

Therefore, the proposed amendments would not make the state rules 

more stringent than comparable federal regulations or guidelines, 

and no further House Bill 521 analysis is required . 

HB 311 REVIEW 

(Assessing Impact On Private Property) 

Sections 2-10-101 through 105, MCA, codify House Bill 311, the 

Private Property Assessment Act, from the 1995 legislative session, 

by requiring that, prior to taking an action that has taking or 

damaging implications for private real property, a state agency 

must prepare a taking or damaging impact assessment . Under Section 

2-10-103(1), MCA, "action with taking or damaging implications" 

means : 

a proposed state agency administrative rule, policy, or 

permit condition or denial pertaining to land or water 

management or to some other environmental matter that if 

adopted and enforced would constitute a deprivation of 

private property in violation of the United States or 

Montana constitution . 

Section 2-10-104, MCA, requires 

develop guidelines, including a 

determining whether an agency 

implications . 

the Montana Attorney General to 

checklist, to assist agencies in 

action has taking or damaging 

The present proposed action involves rules affecting use of private 

real property, and the Board has discretion legally not to take the 

action . So, HB 311 applies . 

I've completed an Attorney General's Private Property Assessment 

Act Checklist, which is attached to this memo . The proposed rule 

amendments would not : 

* result in either a permanent or indefinite physical 

occupation of private property ; 

* deprive any owner of all economically viable uses of 

private property ; 

* deny a fundamental attribute of private property 
ownership ; 

* require a private property owner to dedicate a portion of 

property or grant an easement ; 

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

* damage private property by causing a physical disturbance 

with respect to the property in excess of that sustained 

by the public generally . 

Based upon completion of the attached Attorney General's Checklist, 

the proposed rulemaking does not have taking or damaging 

implications, and no further House Bill 311 assessment is required . 

Enc . 

DR 
Name of Project: Proposed Amendment of Air Quality Permit Procedure Rules 

MAR Notice No. 17-194 

PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST 

DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS 

UNDER THE PRIVATE PROPERTY ASSESSMENT ACT? 

YES NO 

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

affecting rivate real property or water rights? 

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

rivate roperty? 

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

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

others ; right to dispose of the property) 

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

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

6.] 

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

legitimate state interests? 

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

use of the property? 

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

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

action . 

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

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

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

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

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

waterlogged, or flooded? 

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

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

from the operty in question? 

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

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

2, 3, 4, 6, 7a, 7b, or 7c; or if NO is checked in response to question 5a or 5b. 
12 
MONTANA ENVIRONMENTAL INFORIvMATION ~ CENTER . 

P.-G. Box 200901 ' 

Helena; MT 59620-0901 

; Board of Envitonniental Review 

~ RECENED, . 

1 1. '-2003 

MT De,~pi .Ewircinrf,.ent:~4; CjL!:aiit;r 

fi~rfTlftf;ir3q v. i.sa"TS ;%i .at" %i `d's~'~TC) 

lal( ~Sc ~fY=t P,. " , . . . 

RE:.,Rulemaking on HB. 42'7 to extend public . conimerit period -for -Certain air quity permits 

and .'complicated air quality permit 

Department for its support and prompt attention to rulemaking. to implemerit HB .427. .~ 

: Throughout the-legislative session MEIC appreciated the' :Department's :effo.rts, to.`support this . 

.measure and work with us to make sure the.publicFfiad more opportunity.to.commerit:on.critical . 

.The Montana Environmental Information,Center would like to take.tli'is opportunity to thank the 

-Dear Board Members: 

to, EPA as a proposed revision to the State ImpYementation Plan. . ; : ... 

implement this new law: We find the proposed- rule to-be an accurate repzesentatioii bf HB 427. 

' Again we ~tliank the Department for its efforts and urge the Board to adopt: this rule-and submit,it 

We also appreciate the neTr?aTtment's ~ffOrts to engengage. in Illjemal, ing as ~tfyC1L1~3? '~s possible to . 

Main Office: P.O: Box 1184, Helena,- MT ~39624, Telephone (406) .443-252,b, Fax,(406) 443-2507". 

. Fsranch offices: Bo-zetnan; B4itte and ~Mis'sotila. . 

E- :aai1: .meicJmeic.6ig Web site: 

.~*- 
J``S ~ ST~rFS 

Ref: 8P-AR 

Board of Environmental Review 

P.O. Box 200901 

Helena, Montana 59620-0901 

Dear Board Members: 

JUL 2 5 2003 

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

Administrative Rules of Montana (ARM), subchapter 7, that were announced in MAR Notice 

No. 17-194, 12-6/26/03 . We are commenting on the provisions in ARM 17.8 .759(4)(b) that 

pertain to the public review period on preliminary determinations . The Board will hold a public 

hearing on these proposed changes on July 30, 2003 . 

We applaud the Board for* proposing to provide a longer public review of preliminary 

determinations~ on permits. :We believe that the proposed revisions are in6cessary; 'Particularly for 

complex Permitting actions . 

We understand that the proposed revisions will require a 30-day public review for 

preliminary determinations for rnajor sources in attainment and nonattainment areas, major 

sources subject to Title V operating permit provisions, incinerators subject to the permitting 

provision in 75-2-215, MCA, and sources required to complete an environmental impact 

statement (EIS). This 30-day corimment period is consistent with the requirements of 40 CFR . 

51 .161(b)(2), and is a significant improvement which we strongly support. 

We also understand that the proposed revisions would require a 15-day public review for 

preliminary determinations for all other sources . Although we would prefer the use of a 30-day 

period for all preliminary determinations, and urge you to consider adopting this approach; we 

recognize that you have used the 15-day period for many years and that it was originally 

approved in reliance on the grandfathering provisions of 40 CFR 51 .161(c). Under these 

circumstances, the continued use of a 15-day comment period for most minor.sources is 

acceptable. . 

However, there is one class of "minor" preliminary determinations that merits special 

consideration. In some situations, a source that would otherwise be subject to major source 

permitting might accept emission limits -in its permit to avoid major source peimittirig; either by 

limiting potential to emit or by making enforceable; emission reductions that can be used for 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

999 18T" STREET - SUITE 300 -

. DENVER, CO 80202-2466 

. Phone 800-227-8917 

http :l/www.epa .govlregion08 

_r prinFoll nn Denv..l . . .l O- .. .. . 
netting purposes. These types of permitting actions are highly significant and can be quite 

complex, and should receive more than the minimum review time to facilitate meaningful public 

comments. Therefore, we request that the rule be revised to also require a 30-day public review 

for preliminary determinations for sources that accept limits to avoid major source permitting 

(i .e . ; for both construction and Title V operating permits) . 

Also, although not stated in the rule revisions to ARM 17.8 .75.9(4)(b), we assume that the 

State provides the necessary 30-day public comment period for preliminary determinations 

involving case-by-case maximum achievable control technology (MACT) determinations . The 

State has adopted by reference 40 CFR part 63 in ARM 17.8 .302 and 342, and 40 CFR part 63 

specifically requires a 30-day public comment period . However, in ARM 17.8 .342, Emission 

Standards for Hazardous Air Pollutants For Source Categories, paragraph (7) indicates that ARM 

Title 17, chapter 8, subchapter 7 governs the application, review and final approval or denial of a 

notice of MACT approval or 112(g) exemption and specifically references ARM 17 .8 .759. Since 

the proposed 30-day public review period in ARM 17 .8 .759(4)(b) only applies to sources subject 

to 42 USC.7475, 7503 or 7661, we are concerned that sources might ask the State to follow the 

15-day notice provision of ARM 17 .8 .759 instead of the 30-day notice provisions of 40 CFR 

63.43(h)(ii) and 63 .54(c)(2). We ask that you revise the proposed rule to clarify that the 30-day 

comment period also applies for all MACT determinations. . 

Please contact me at (303) 312-6005 if you have any questions regarding this letter. 

Sincerely, 

Air and Radiation Program 

chard R. Long, Director 

cc: Don Vidrine, Montana Department of 

Environmental Quality 

John Wardell, 8M0 
13 
1 

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 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment 

of ARM 17 .8 .749, 17 .8 .759, 

17 .8 .763 and 17 .8 .764 

pertaining to conditions for 

issuance or denial of permits, 

review of permit applications, 

revocation of permits and 

administrative amendment to 

permits 

)PRESIDING OFFICER REPORT 

) 

) 

) 

) 

) 

) 

) 

INTRODUCTION 

1 . On July 30, 2003, I presided over and conducted 

the public hearing held in Room 111 of the Metcalf Building, 

1520 East Sixth Avenue, Helena, Montana, to take public 

comment on the above-captioned matter . Notice of the 

hearing was contained in 2003 Montana Administrative 

Register (MAR), Issue No . 12, MAR Notice No . 17-194, 

published on June 26, 2003, beginning at page 1252 . A copy 

of the notice is attached to this report . 

2 . The hearing began at about 10 :45 a .m . and 

concluded at about 10 :55 a .m . A court reporter from 

Lesofski and Walstad Court 

3 . At the hearing I 

notice, stated that copies 

in the hearing 

Administrative 

Reporting recorded the hearing . 

identified and summarized the MAR 

of the MAR notice were available 

room, read the Notice of Function of 

Rule Review Committee as required by Mont . 

Code Ann . § 2-4-302(7)(a), informed the persons at the 

hearing of the rulemaking interested persons list and of the 

opportunity to have their names placed on that list, recited 

PRESIDING OFFICER REPORT 

PAGE I 
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 

the authority to make the proposed rule amendments, 

announced the opportunity to present matters at the hearing 

or in writing, as stated in the MAR notice, and explained 

the order of presentation . 

4 . At the conclusion of the hearing, I announced that 

the proposed rulemaking was expected to be considered by the 

Board at its meeting on September 26, 2003 . 

SUMMARY OF HEARING 

5 . Jan Brown, Technical Support Section, Air and 

Waste Management Bureau, DEQ, made a short statement and 

submitted a written statement . She also submitted a 

memorandum from David Rusoff, DEQ Staff Attorney, with HB 

521 Review and HB 311 Review and Private Property Assessment 

Act Checklist . The amendment of ARM 17 .8 .759 is required by 

House Bill 427 and provides a 30-day public comment period 

for certain draft air quality permits . Other amendments 

allow the Department to give notice of its decision on a 

permit without the formality required by the Montana Rules 

of Civil Procedure . DEQ recommends adoption of the 

amendments as proposed . With respect to HB 521, it is 

questionable whether the law applies to procedural 

requirements . Even if it does, there are no comparable 

federal regulations or guidelines . With respect to HB 311, 

the proposed amendments affect private real 

not have taking or damaging implications . 

6 . 

property but do 

No other statements or writings were received at 

the hearing . 

PRESIDING OFFICER REPORT 

PAGE 2 
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 

7 . 

SUMMARY OF ADDITIONAL WRITTEN MATERIALS 

By letter dated July 3, 2003, Anne Hedges, Program 

Director, Montana Environmental Information Center, 

expressed support for the rulemaking . 

8 . By letter dated July 25, 2003, Richard R . Long, 

Director, Air and Radiation Program, United States EPA 

Region 8, commented on the rulemaking . EPA strongly 

supports the longer (30-day) period for public review . EPA 

requests that the rule be revised to require a 30-day public 

review for preliminary determinations for sources that 

accept limits to avoid major source permitting . EPA also 

asks that the proposed rule (ARM 17 .8 .759) be revised to 

clarify that the 30-day comment period also applies to all 

maximum achievable control technology (MACT) determinations . 

PRESIDING OFFICER COMMENTS 

9 . The Board has jurisdiction to adopt, amend, and 

repeal rules for the administration, implementation, and 

enforcement of the Clean Air Act of Montana . Mont . Code 

Ann . ~ 75-2-111(1) . The Board has specific authority to 

issue rules relating to construction, installation, 

alteration, operation, or use of equipment or facilities 

that may cause air pollution . Mont . Code Ann . § 75-2-204 . 

10 . House Bill 521 (1995) generally provides that the 

Board may not adopt a rule that is more stringent than 

comparable federal regulations or guidelines, unless the 

Board makes written findings after public hearing and 

comment . The proposed rules are not more stringent than a 

PRESIDING OFFICER REPORT 

PAGE 3 
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 

comparable federal regulation or guideline . Therefore 

written findings are not necessary . 

11 . House Bill 311 (1995), the Private Property 

Assessment Act, codified as Mont . Code Ann . §§ 2-10-101 

through -105, provides that a state agency must complete a 

review and impact assessment prior to taking an action with 

taking or damaging implications . The proposed rules may 

affect real property . A Private Property Assessment Act 

Checklist was prepared in this matter . The proposed rules 

do not have taking or damaging implications . Therefore, no 

further HB 311 assessment is necessary . 

12 . The procedures required by the Montana 

Administrative Procedure Act, including public notice, 

hearing, and opportunity for comment, have been followed . 

13 . The Board may adopt the proposed rule amendments, 

or reject them, or adopt the rules with revisions not 

exceeding the scope of the public notice . 

14 . Under Mont . Code Ann . § 2-4-305(7), for any acts 

in the rulemaking process to be valid, the Board must 

publish a notice of adoption within six months of the date 

the Board published the notice of proposed rulemaking in the 

Montana Administrative Register, or by December 25, 2003 . 

Dated this day of August, 2003 . 

THOMAS G . BOWE 

Presiding Officer 

PRESIDING OFFICER REPORT 

PAGE 4 

TRANSCRIPT OF PROCEEDINGS 

1 BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

2 OF THE STATE OF MONTANA 

3 

4 

In the matter of the amendment ) Public Hearing 

5 of ARM 17 .8 .749, 17 .8 .759, ) 

17 .8 .763 and 17 .8 .764 ) 

6 pertaining to conditions for ) 

issuance or denial of permits, ) 

7 review of permit applications, ) 

revocation of permits and ) 

8 administrative amendment to ) 

permits . ) 

TRANSCRIPT OF PROCEEDINGS 

11 

12 

13 

14 On the 30th day of July, 2003, beginning at 

15 10 :45 a .m ., a public hearing in the 

16 above-referenced matter was held at the offices of 

17 the Board of Environmental Review, 1520 East Sixth 

18 Avenue, Helena, Montana . Testimony was taken by 

19 Sherron K . Walstad, Court Reporter, Notary Public . 

20 

21 * * * * * * * * 

22 

23 

24 

25 

LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT OF PROCEEDINGS 

I 1 The following proceedings were had and 

2 testimony taken: 

3 ********* 

4 

5 HEARING EXAMINER: This hearing is 

6 called to order. Let the record show it is now 

7 about 10 :45 a.m. on July 30, 2003. This hearing is 

8 taking place in Room 111 of the Metcalf Building, 

9 1520 East Sixth Avenue, Helena, Montana. 

10 This is the time and place set for the 

11 public hearing in the matter of the amendment of 

12 ARM 17.8 .749, 759, 763 and 764 pertaining to 

13 conditions for issuance or denial of permits, 

14 review of permit applications, revocation of 

15 permits, and administrative amendment to permits . 

16 My name is Thomas G. Bowe. I am an 

17 Assistant Attorney General for the State of 

18 Montana. The Board of Environmental Review has 

19 designated me to be the presiding officer for this 

20 public hearing. Copies of the proposed rulemaking 

21 are available on the table by the door for anyone 

22 who has not received a copy. Anyone who wants to 

23 make a statement or submit written materials at 

24 this hearing should fill out a notice form and give 

25 it to me before he or she speaks . The notice forms 

Page 3 

I 1 directing an agency to adopt or amend a rule, or a 

2 joint resolution recommending that an agency adopt, 

3 amend or repeal a rule . 

4 "The interim committees and the EQC welcome 

5 coinments and invite members of the public to appear 

6 before them or to send written statements in order 

7 to bring to their attention any difficulties with 

8 the existing or proposed rules. The mailing 

9 address is P.O . Box 201706, Helena, Montana 

10 59620-1706 ." 

11 That completes the reading of the notice . 

12 Montana Code Annotated Section 2-4-302(2)(a) 

13 requires each agency, which includes boards, to 

14 create and maintain a list of interested persons 

15 and the rulemaking subject or subjects in which 

16 each person on the list is interested. A person 

17 who submits a written comment or attends a hearing 

18 regarding proposed agency rulemaking must be 

19 informed of the list by the agency . 

20 The Department of Environmental Quality 

21 maintains lists of persons interested in various 

22 areas of rulemaking conducted by the Department and 

23 by the Board of Environmental Review so that the 

24 Department can provide these persons with notice of 

25 proposed rulemaking actions. 

Page 4 

' 1 are on the table near the door. 

2 Montana Code Annotated, Section 

3 2-4-302(7)(a) requires presiding officers at rule 

4 hearings to read the Notice of Function of 

5 Administrative Rule Review Committee. The notice 

6 is as follows. 

7 "Administrative rule review is a function 

8 of interim committees and the Environmental Quality 

9 Council, EQC. These interim committees and the EQC 

10 have administrative rule review, program 

11 evaluation, and monitoring functions for executive 

12 branch agencies and entities attached to agencies 

13 for administrative purposes . 

14 "In this case the EQC has those functions 

15 for the Department of Environmental Quality and for 

16 the Board of Environmental Review. These interim 

17 committees and the EQC have the authority to make 

18 recommendations to an agency regarding the 

19 adoption, amendment or repeal of a rule, or to 

20 request that the agency prepare a statement of the 

21 estimated economic impact of a proposal. They also 

22 may poll the members of the legislature to 

23 determine if a proposed rule is consistent with the 

24 intent of the legislature, or during a legislative 

25 session, introduce a bill repealing a rule or 

Page l 

il 1 On the table by the door are forms for 

2 interested persons to designate the areas of 

3 interest in rulemaking so the Department can notify 

4 them of proposed rulemaking actions in their area 

5 of interest . If you'd like to be placed on a 

6 rulemaking interested persons list, please complete 

7 one of the forms and leave it on the table. 

8 Notice of this hearing was contained in the 

9 Montana Administrative Register, Notice No. 17-194, 

10 published on June 26, 2003, in Issue No. 12 

11 beginning on page 1252 . The notice stated that on 

12 July 30, 2003, beginning at 10:30 a.m. in Room 111 

13 of the Metcalf Building, a public hearing would be 

14 held to consider the proposed amendments I 

15 described at the beginning of the statement. The 

16 notice of hearing stated that interested persons 

17 could submit their data, views or arguments either 

18 orally or in writing at the hearing, or submit 

19 written data, views or arguments to the Board of 

20 Environmental Review. 

21 Written comments submitted after this 

22 hearing should be addressed to me or to the Board 

23 and delivered to the Board's secretary at the 

24 Metcalf Building, mailed to the Board at P.O . Box 

25 200901, Helena, Montana 59620-0901, or faxed to 

Page 5 

3 (Pages 3 to 6) 

LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT OF PROCEEDIPl TGS 

1 C E R T I F I C A T E 

2 STATE OF MONTANA ) 

3 

4 

, 5 

6 

8 

9 

10 

" 11 

` 12 

13 

14 

1.5 

I 16 

17 

18 

19 

20 

21 

22 

23 

24 

~5 

COUNTY OF LEWIS AND CLARK ) 

I, SHERRON K . WALSTAD~, Professional Court 

Reporter, Notary Public in and for the County of 

Lewis and Clark, State of Montana ; do hereby 

certify : ' " . 

That the foregoing public hearing was taken 

before me at the time and place herein named ; that 

the proceedings were reported and transcribed by me 

with a computer-aided transcription system, and 

that the foregoing pages contain a true record of 

the testimony to the best of my ability . 

IN WITNESS WHEREOF, I have hereunto set my 

hand and affixed my notarial seal this (Q~ day 

o f Ce't-oup-,,j , 2003 . 

SHERRON K . WALSTAD 

Court Reporter-Notary Public 

My Commission Expires 11/1/06 

LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
TRANSCRIPT OF PROCEEDINGS 

Page 1 

A 

ability 10:13 

about 3 :7 

above-referenced 1 :16 

actions 5:25 6:4 

additional 8 :2 

address 5 :9 8:16 

addressed 6:22 

administrative 1 :8 3 :15 

4:5,7,10,13 6:9 

adopt 5 :1,2 

adoption 4:19 

affiliation 8:16 

affixed 10:15 

after 6:21 8:3 

agencies 4:12,12 

agency 2:6 4:18,20 5:1 

5:2,13,18,19 

air 7:12,16 8 :23 

allow 7:25 8 :5 

amend 5 :1,3 

amendment 1 :4,8 3:11 

3:15 4:19 7:12 

amendments 6:14 7 :17 

7:21 

Annotated 4:2 5:12 

7:22 

anyone 3 :21,22 8:12 

appear 5:5 

applicants 7:18 

application 7:19 

applications 1 :7 3:14 

area 6 :4 

areas 5:22 6:2 

arguments 6:17,19 

ARM 1 :5 3 :12 

Assistant 2:5 3 :17 

attached 4:12 

attendance 9:7 

attends 5 :17 

attention 5:7 

attorney 2:5 3:17 9:5 

August 7:4 

. authority 4 :17 7:20 

automatic 8:1 

available 3 :21 7:5 

Avenue 1 :18 3 :9 

a.m1 :153 :76:129:15 

B 

before l : l 3:25 5 :6 

10:9 

begin 8:19 

beginning 1 :14 6:11,12 

6:15 

behalf 9:2 

being 9 :6 

BER@state.mt.us 7:1 

best 10 :13 

bill 4:25 7:14 9:4,4 

Board 1 :1,17 3 :18 4:16 

5 :23 6:19,22,24 7:2 

7:10,20 9:11,11 

boards 5 :13 

Board's 6:23 

Bowe2:5 3:16 

Box 2:7 5:9 6 :24 

branch 4:12 

bring 5:7 

Brown 8 :21,22 

Building 3 :8 6 :13,24 

8:25 

Bureau 2 :6 8:23 

C 

C 2:1 10 :1,1 

called 3 :6 

case 4:14 

cause 8 :5 

certain 7:16 

certify 10 :7 

change 7:17 

changes 7:13,15 

Clark 10:3,6 

closed 9:13 

Code 4:2 5:12 7:22 

come 8:15 

comment 5:17 7:15 9:8 

comments 5:5 6:217:3 

9:7 

Commission 10 :21 

Committee 4:5 

committees 4:8,9,17 

5:4 

complete 6:6 7:6 

completed 8:3 

completes 5:11 

computer-aided 10:11 

concerning 7 :12 

concluded 9:9,14 

conditions 1 :6 3:13 

conducted 5 :22 

conform 7 :13 

consider 6:14 9:12 

consideration 7:2 

consistent 4:23 

contain 10:12 

contained 6:8 7:22 

Copies 3 :20 7:4 

copy 3 :22 7:6 

Council 4:9 

COUNSEL 2:3 

County 10:3,5 

Court 1 :19 10:4,20 

create 5:14 

D 

data 6:17,19 

David 9:5 

day 1 :14 10:15 

decision 7:18 

delivered 6:23 

denial 1 :6 3 :13 

Department 2 :6 4:15 

5:20,22,24 6:3 8:7,20 

8:24 9:2 

Department's 7:18 

described 6:15 

designate 6:2 

designated 3 :19 

determine 4:23 

Development 8:22 

difficulties 5 :7 

directing 5 :1 

door 3:214:1 6 :1 7:5 

draft 7:16 

during 4:24 

E 

E 2:1,1 10 :1,1 

each 5:13,16 

East 1 :17 3 :9 

economic 4:21 

either 6:17 

entities 4:12 

Environmental 1 :1,17 

3 :18 4:8,15,16 5:20 

5 :23 6:20 7:10,20 

8 :24 9:11 

EQC 4:9,9,14,17 5 :4 

estimated 4 :21 

evaluation 4:11 

EXAMINER 3 :5 9:6 

EXAMINER/BOARD 

2:3 

executive 4:11 

existing 5:8 

Expires 10 :21 

explain 8 :8 

extend 7 :15 

e-mailed 7:1,3 

F 

F 10:1 

faxed 6:25 

fill 3 :24 

First 8 :7 

following 3 :1 

follows 4:6 8 :7 

foregoing 10:8,12 

form 3 :24 

forms 3:25 6:1,7 

forward 8 :15 

fourth 8 :12 

from 8:19 

function 4 :4,7 

functions 4:11,14 

further 8:4,5 

G 

G 2:5 3 :16 

General 2 :5 3 :17 

give 3:24 

good 8 :5 

guarantee 7:2 

H 

hand 10 :15 

heard 8:13 

hearing 1 :4,15 2:3 3 :5 

3:5,7,11,20,24 5 :17 

6:8,13,16,18,22 7:6,8 

7:24 8:14 9:6,8,10,13 

9:14 10 :8 

hearings 4:4 

held 1 :16 6:14 

Helena 1 :18 2:7 3:9 5:9 

6:25 9:1 

hereunto 10:14 

House 7:14 9:4,4 

I 

identify 8 :16 

impact 4:21 

included 7:7 

includes 5 :13 

information 8:2,4 

informed 5 :19 

intent 4:24 

interest 6:3,5 

interested 5:14,16,21 

6:2,6,16 

interim 4:8,9,16 5 :4 

introduce 4:25 

invite 5:5 

issuance 1 :6 3:13 

Issue 6:10 

J 

Jan 8 :22 

joint 5 :2 

July 1 :14 3 :7 6:12 

June 6:10 

Justice 2 :6 

K 

K 1 :19 10:4,19 

L 

later 7:4 

law 7:13 

leave 6:7 

Legal 2:6 

legislative 4:24 

legislature 4:22,24 

7:14 

length 7:9 

Let 3 :6 

Lewis 10:3,6 

like 6:5 9:1 

list 5 :14,16,19 6:6 

lists 5:21 

located 8:25 

M 

made 7:14 

mailed 6:24 

mailing 5 :8 

maintain 5:14 

maintains 5 :21 

make 3:23 4:17 7:21 

8 :15 

Management 8:23 

materials 3 :23 

matter 1 :4,16 3 :119:12 

may 4:22 7:23,25 8:4,5 

9:11 

meeting 9:12 

members 4:22 5 :5 

Metcalf 3:8 6:13,24 

8 :25 

method 7:17 

monitoring 4 :11 

Montana 1 :2,18 2:7 

3 :9,184:25:9,126:9 

6:25 7:22 8:24 10:2,6 

must 5 :18 7:3 

N 

N 2 :1 

name 3:16 8 :16,22 

named 10:9 

near 4:1 

notarial 10:15 

Notary 1 :19 10 :5 

notice 3 :24,25 4:4,5 

5:11,24 6:8,9,11,16 

7:5,6,10,10 

notify 6:3 

notifying 7:17 

uaiNwW A ve'Y u.cti-: tic...ntWn.w53.NLa.~.n4Hdv.M'YU4 .An8ufiatw.w,..o- :~~ .7a:a,N<;. .rts~re,a,d»xi.i.a.xaa .dasx.IC'Ww'Jake0.+ItWwk~S,..O`c.7a%i&iK^aa?Iaw4'.rcs'r .cuem . LESOFSKI & WALSTAD COURT REPORTING 

(406) 443-2010 
14 
. Board of Environmental Review 

P. .O .-Box 200901 . Helena,:1~4T 59620-0901 9 (406) 444-2544 9 W6bsite: wwAcdeq.state .uzt.us 

AGENDA 

BOARD OF ENVIRONMENTAL REVIEW 

FRIDAY, SEPTEMBER 26, 2003 

METCALF BUILDING, CONFERENCE ROOM 111 

1520 EAST SIXTH AVENUE, HELENA, MONTANA 

NOTE: Individual agenda items are not assigned specific times . For public notice purposes, the Board will begin the meeting at 

the time specified . However, the Board might not address the specific agenda items in the order they are scheduled. 

9:00 A.M. 

1. ADMINISTRATIVE AGENDA ITEMS 

A . Review and approve minutes of August 1, 2003 meeting. 

II. BRIEFING AGENDA ITEMS 

A. CONTESTED CASE UPDATE 

1 . Cases assigned to Hearing Officer Kelly O'Sullivan 

a. In the matter of applicant Town of Geraldine's Montana Pollutant 

Discharge Elimination System Permit (1VIPDES) No. MT-002-0826, 

appeal filed by petitioner Town of Geraldine in relation, to their 

wastewater treatment facility discharge permit . The parties agreed to 

inspect the receiving waters to determine whether they are ephemeral or 

perennial and to assess the appropriate classification of the receiving 

waters . 

b. In the Matter of the request for hearing of Margrit Matter (BER 

2003-10 SUB) under Mont. Code Ann. Sec. 76-4-126(1) . This is an 

appeal of a decision by Flathead County concerning a 

banquet/entertainment/retreat facility and wastewater treatment system. 

The prehearing conference is set for November 5, 2003, at 10:00 am. 

The hearing date will be set at the prehearing conference. 

2. Cases assigned to Hearing Officer Tom Bowe 

a. M&W .Investments, Inc. appealed two subdivision application nondegradation decisions and a deviation request denial (EQ #01-1457 and 

#00-1822) . In mid-August 2002, the parties stipulated to an extension of the 

schedule in order to allow for an additional year of water quality monitoring 

needed to assist in the classification of a wastewater drainfield in the 

subdivision . In August 2003, the parties agreed that an additional year of 

water quality monitoring was needed and they proposed a revised schedule . 

Pursuant to their proposal, Hearing Examiner Tom Bowe approved the 

schedule, with the prehearing conference set for October 25, 2004 . 
Board of Environmental Review 

September 26, 2003 " 

Page 2 of 4 

_b . CR Kendall Corp-oration (BER 2002-09 MM) requested a hearing to 

appeal DEQ's decision to deny a minor permit amendment, under the 

Metal Mine Reclamation Act. CR Kendall and DEQ have. jointly 

requested additional time to submit a proposed schedule . Hearing 

Examiner Tom Bowe has.granted the requests. The proposed schedule is 

now due by November 7, 2003 . 

B. OTHER BRIEFING ITEMS , 

1 . Annual Review of Temporary Water Quality Standards Adopted for the New 

World Mining District . At the 3-year review, the Board requested that the Forest 

Service provide the Board with annual briefings on activities and 

accomplishments . The Board was unable to hear the review at its June .meeting 

and the Forest Service was unable to-attend the Board's August meeting. 

2. Review of Agency Fees - DEQ -Will provide a review of-agency fees that are established by rule under the authority of the Board. This review will include 

DEQ's budget request for the 2005 biennium and how the request will affect those fees. 

3 . Upper Blackfoot Mining Complex Temporary Water Quality Standards -At the 

Board's request, DEQ will provide a briefing on the likely consequences if the 

Board were to rescind the temporary water quality standards. 

4. . . Top-Down BACT Analysis Rule - DEQ will discuss progress to date in 

preparation for initiation of rulemaking. 

5 . The EPA has completed its review of the EC/SAR water quality standards and has approved the EC and SAR water quality standards for the Tongue River, 

Powder and Little Powder rivers, Rosebud Creek and the tributaries to these 

streams as well as the nondegradation policy amendments pertaining to EC and SAR and the use of flow based nondegradation review and permitting. Wyoming 

has expressed some concern to EPA regarding how these standards could affect 

its CBM permitting. 

III. ACTION AGENDA ITEMS 

A. REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES : 

1 . In the matter of the amendment of ARM 17.38 .602 and 17.38.603 pertaining to definitions and administrative enforcement procedures under the Public Water 

Supply Law. Presiding Officer Tom Bowe conducted the public hearing on July 31, 2003 . No public comments were received . DEQ re comrnends adoption of the rule amendments. 

2. In the matter of the amendment of ARM 17.30 .716 to revise nonsignificant 

categories for subdivisions . Presiding Officer Tom Bowe conducted the hearing 

on July 31, 2003 . Several written and oral comments were received . DEQ has modified the proposed amendments based on public comments, and recommends adoption of the proposed amendments with the modifications . 
~ Board of Environmental Review 

September 26, 2003 

Page 3 of 4 

3. In the matter of the amendment ARM 17.8 .501, 17.8 .5-04, 17.8 .505, 17 :8 .511, 

17 .8 .514, and 17.8 .515 for-the annual adjustment of air quality operation fees. 

Presiding Officer Tom Bowe conducted the public hearing on July 30, 2003 . No 

public comments were received . DEQ recommends adoption of the rule 

amendments as proposed. 

4 . In the matter of the amendment of ARM 17 .8 .749, 17.8 .759, 17.8 .763 and 

17 .8 .764 to implement House Bill (HB) 427, enacted by the 2003 Montana 

Legislature. Presiding Officer Tom Bowe conducted the public hearing on July 

30, 2003 . Written comments were received from the United States EPA Region 

8 and the Montana Environmental Information Center. DEQ recommends 

adoption of the rule amendments as proposed. 

B. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER: 

The Department will propose that the Board concur in its recommendation to initiate 

rulemaking to : 

1 . Amend the rules and regulations governing the Opencut Mining Act at ARM 

17.24 .201 through 17.24 .215 to address changes in the Opencut Mining Act 

passed by the . State Legislature in 1999 and 2001, and to adopt a new rule to 

address permit compliance under different . circumstances . The proposed 

amendments will establish a set of contemporary and accurate definitions and 

make changes for clarity, consistency and order. 

2. Amend an air quality rule (ARM 17.8 .1213) to incorporate changes to 40 CFR 

70.6(c)(5)(iii)(B) .and 70.6(c)(5)(iii)(C) regarding Title V annual compliance 

certifications and whether the reporting facility's compliance was continuous or 

intermittent during the-reporting period . A hearing is scheduled for November 5, 

2003, and Kelly O'Sullivan is expected to be the presiding officer. . 

C. FINAL ACTION ON APPEALS: 

1 . . In the matter of the request of ExxonMobil Refining & Supply Co. (BER 2003-O1 

WQ) for a hearing on its MPDES permit. ExxonMobil objects to several provisions 

of the permit for its Billings refinery. There are two sets of issues, Tier I and Tier II. 

Resolution of the Tier I issues required a mixing zone study. On August 29, 2003, 

ExxonMobil submitted a status report regarding the study. The report states that a 

contractor retained by ExxonMobil completed a draft mixing zone study that is now 

under review by ExxonIvlobil . The study will probably be submitted to DEQ in . 

September. Meanwhile, the contested case process concemung the Tier I issues is 

stayed . As for Tier II issues, the parties proposed that the contested case be stayed 

because of settlement discussions . Hearing Examiner Tom Bowe issued an order 

staying the proceedings on July 28, 2003. . 

2. In the matter of Sterling Mining Company's NODES Permit #MT0030287 

(BER 2003-06 WQ). Sterling Mining Company, through an attorney, has 

requested a hearing to appeal the 2002 annual fees for the referenced permit. 
Board of Environmental Review 

September 26, 2003 

Page 4 of 4 

Later, Sterling paid the fees in full and agreed to dismissal of its appeal. An 

order dismissing the appeal will be presented to the Board for approval. 

3. In the matter of the Notice of Violation and Statement of Proposed Penalty issued 

to Richard ~Grosswiler (BER 2003-09 OC). On July 16, 2003, Hearing 

Examiner Tom Bowe issued an order staying proceedings because the parties 

were working on a settlement. 

4. In,the matter of Spoklie's South Valley Gravel's Mined Land Reclamation 

Permit #SRIr001 (BER 2003=07 OC). On June 18, 2003, Hearing Examiner 

Tom Bowe suspended the schedule at the request of the parties, who were . 

conducting settlement discussions . In July the parties submitted a stipulation, 

which .the hearing examiner recommends that the Board ' adopt. An order 

dismissing the appeal will be presented to the Board for approval. 

5. In the matter of the request for hearing of Crystal View Estates, Flathead . 

County, under Mont. Code Ann. §76-4-108 (EQ #01-1095) (BER 2003-05 

SUB) . On February 20, 2003, DEQ revoked the certificate of approval under the 

Sanitation in Subdivisions Act, because it was learned that certain -lots in the 

subdivision should be connected to public water supply and wastewater systems. 

On June 6, 2003, the Board approved the proposed decision of Hearing Examiner 

.Tom Bowe denying the motion of Crystal View Estates to add Flathead County 

and the Flathead City-County Public Health -Department as parties. DEQ filed a 

motion for summary judgment and Crystal View Estates filed_ a motion for 

judgment on the pleadings and a motion to transfer to District Court. Hearing 

Examiner Tom Bowe conducted a hearing on the motions on August 20, 2003, 

and issued a proposed decision on August 22, 2003 . A proposed order denying 

the motions of Crystal View Estates and .granting the motion of DEQ will be 

presented to the Board for approval . 

6. In the matter of the Notice of Violation and Statement of Proposed Penalty 

_issued to Mission Valley . Concrete Industries, Inc. (BER 2003-11 OC). 

Mission Valley appealed a notice of several violations of the Opencut Mining 

Act at Ronan Gravel Pit 3 . On July 10, 2003, at the request of the parties, 

Hearing Examiner Tom Bowe issued an order suspending de,adlines because the 

parties were working on a settlement. 

IV. GENERAL PUBLIC COMMENT 

Under this item, members of the public may comment on any public matter within the jurisdiction of the Board that is not otherwise on the agenda of the meeting . Individual contested case proceedings are not public matters on which the public may comment. 

V. ADJOURNMENT 
15 
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 

BEFORE THE MONTANA BOARD OF ENVIRONMENTAL REVIEW 

BOARD MEETING 

September 26, 2003 ) 

TRANSCRIPT OF PROCEEDINGS 

Heard at Room 111 of,the Metcalf Building 

1520 East Sixth Avenue 

Helena, Montana 

September 26, 2003 

9 :00 a .m . 

BEFORE CHAIRMAN JOSEPH RUSSELL ; BOARD MEMBERS 

GARON SMITH, WARD SHANAHAN, DAVID FISHBAUGH 

SUSAN BROOKE and RUSS HUDSON 

PREPARED BY : LAURIE CRUTCHER, RPR 

COURT REPORTER, NOTARY PUBLIC 

P .O . BOX 1192 

HELENA, MT 59624 

(406) 442-82~62 
(No response) . 

CHAIRMAN RUSSELL : Hearing none, is 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22, 

23I 

24 

25 

there anyone from the public that would like to 

speak regarding this rulemaking? 

( .No response) . 

CHAIRMAN RUSSELL : There is none . 

Board, we have a motion to adopt the 'rules, accept 

the presiding officer's report, 511, 521, 311 --

whatever those are -- do we have that motion to 

that effect? 

DR . SMITH : I would so move . 

MR . FISHBAUGH : Second . 

CHAIRMAN RUSSELL : It's been seconded by 

Mr . Fishbaugh. . Any other further comments? 

( :No,response) . 

CHAIRMAN RUSSELL : Hearing none., all in 

favor, sig.nify by saying aye . 

(Response) ., . . 

CHAIRMAN RUSSELL : Opposed . 

(No response) . 

CHAIRMAN RUSSELL : Thank you . The next 

item on the agenda is the amendment of ARM 

17 .8 .749, 759, 1:7 .8 .763 and 764 to implement House 

Bill 427 . Is there anyone -- Chuck . 

MR . HOMER : Mr . Chairman, as you 

LAURIE CRUTCHER, RPR ' . . 

406-442-8262 76 
1 

2 

3 

4 

5 

6 

8 

9 

10 

11 

12I13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

described, this rule change implements the 

requirements of House Bill 427, which directed 

that the Department establish rules for 30 day 

comment period on some draft air quality permits, 

and established a 75 day deadline for final action 

on those permits in order to allow for 30 days of 

public comment . 

There was comment received on this rule 

by EPA in -the draft responses the Board has in 

front of them . There are kind of three issues . 

Two of them have to do with EPA requesting 

clarification within the rule that the 30 day 

comment applies to air quality permits for 

synthetic liner permits for Title V sources, and 

case by case MAC determinations . 

The suggested responses that the Board 

has in front of them indicate that it's clear in 

the rule as it was proposed that these two permits 

are within the scope of those permits that have 30 

day comment . 

'The third comment had to do with 

applying the 30 day comment period'to PSD 

synthetic liners: ., The proposed response indicates 

that this is outside of the scope of House Bill 

427, and is therefore outside the scope of this 

LAURIE CRIIT~CHER, RPR . . 

406-442-8262 77 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17I~ 

18 

19 

20 

21 

22 

23 

24 

25 

rulemaking . 

DR . SMITH : Do you think it's good area, 

to pursue? 

MR . HOMER : Mr . Chairman, Dr . Smith, the 

third comment on PSD? If the Board took the 

action of increasing the 30 day comment period to 

apply to those sources, it could be done . The 75 

day final action would not apply to those permits . 

And so what you would end up with is removing all 

the time that the Department has to write a 

permit . So you would have 30 days to review the 

completeness of an application, and 30 days of 

public comment period . 

So the Department's belief is that this 

would be detrimental to our ability to write good 

permits . 

CHAIRMAN RUSSELL : Any other questions? . 

(No response) . 

CHAIRMAN RUSSELL : Thanks, Chuck . Is 

there anyone from the public that would like to 

speak to this issue? 

. (No response) . 

CHAIRMAN RUSSELL : Anyone from the 

public that would like to speak to the rulemaking? 

(No response) . 

LAURIE CRUTCHER, RPR 

406-442-8262 78 
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 

CHAIRMAN RUSSELL : Hearing none, do we 

have a motion to adopt the rule changes, accept 

the Presiding Officer's report, accept ,the 521 and 

311 analysis? 

MS . BROOKE : So moved . 

DR . SMITH : Second . 

CHAIRMAN RUSSELL : It's been moved and 

seconded . Any further comments? 

(No response) . 

CHAIRMAN RUSSELL : Hearing none, all 

those in favor, signify by saying aye . 

(Response) . 

CHAIRMAl4 RUSSELL: Opposed . 

(No response) . 

CHAIRMAN RUSSELL: The next item on the 

agenda is initiation of rulemaking area, and it's 

to amend rules and regulations governing Open Cut 

Mining Act and ARM 17 .24 .201 through 17 .24 .215 . 

Anyone from the Department wish to speak to this? 

MR . LIVERS : Mr . Chairman, Neal 

Harrington from the Department's Permitting Bureau 

will summarize the recommendation . 

MR . HARRINGTON : Mr . Chairman, members 

of the Board, my name is Neal Harrington,_and I'm 

Chief of the Industrial Energy Minerals Bureau . 

LAURIE CRUT.-CHER, RPR 

406-442-8262 79 
16 
MEMORANDUM 

TO: Jan Brown 

FROM: Barb Williams 

DATE: October 17, 2003 

Mailing notice to interested parties 

I certify that on October 17, 2003, a copy of the notice of public hearing in the 

following matter was mailed to each of the persons listed in the attached Interested 

Parties list : 

(1) the amendment of ARM 17.8 .749, 17.8 .759, 17.8 .763 and 17.8 .764 pertaining 

to conditions for issuance or denial of permits, review of permit applications, revocation 

of permits and administrative amendment to permits. 

(2) the inclusion of the proposed amendment into the Montana State 

Implementation Plan. 

` 

Barb Williams, Supervisor 

AWMB Administrative Support 
P.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " 

TRANSMITTAL LETTER 

October 16, 2003 

TO : Interested Parties 

RE: Public Hearing Notice and Final Notices on amendments of air quality rules 

PLEASE: 

F-1 File or record 

F-1 Return a conformed copy 

0 Review, sign and return 

0 Review and call 

~ Other: 

0 Per your request 

F-1 For your information 

0 For your file 

® Notices enclosed 

www.deq.state .mt.us 

Enclosures: 

(1) Initial notice in the matter of the amendment of ARM 17.8 .1213, pertaining to 

requirements for air quality operating permit content relating to compliance. 

(2) Notice of adoption of the amendment of ARM 17.8 .501, 17.8 .504, 17.8 .505, 

17 .8 .511, 17.8 .514 and 17.8 .515 pertaining to definitions, permit application fees, operation fees, 

application/operation fee assessment appeal procedures and open burning fees . 

(3) Notice of adoption of the amendment of ARM 17.8 .749, 17.8 .759, 17 .8 .763 and 

17.8 .764 pertaining to conditions for issuance or denial of permits, review of permit applications, 

revocation of permits and administrative amendment to permits. 

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation Division 
-2272- 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment) NOTICE OF AMENDMENT 

of ARM 17 .8 .749, 17 .8 .759, ) 

17 .8 .763 and 17 .8 .764 ) 

pertaining to conditions for ) (AIR QUALITY) 

issuance or denial of permits,) 

review of permit applications,) 

revocation of permits and ) 

administrative amendment to ) 

permits ) 

TO : All Concerned Persons 

1 . On June 26, 2003, the Board of Environmental Review 

published MAR Notice No . 17-194 regarding a notice of public 

hearing on the proposed amendment of the above-stated rules at 

page 1252, 2003 Montana Administrative Register, issue number 

12 . 

2 . The Board has amended the rules exactly as proposed . 

3 . The following comments were received and appear with 

the Board's responses : 

COMMENT NO . 1 : The U .S . Environmental Protection Agency 

(EPA) commented that it would prefer that the Board adopt a 

30-day comment period for all preliminary determinations . EPA 

recognizes that the Board has used the 15-day public review 

period for many years, and that it was originally approved by 

EPA in reliance on the grandfathering provisions of 40 CFR 

51 .161(c) . Under these circumstances the continued use of a 

15-day comment period for most minor sources is acceptable ; 

however, there is one class of "minor" preliminary 

determinations that merits special consideration . In some 

situations, a source that would otherwise be subject to major 

source permitting might accept emission limits in its permit 

to avoid major source permitting, either by limiting potential 

to emit or by making enforceable emission reductions that can 

be used for netting purposes . EPA believes that these types 

of permitting actions are highly significant and can be quite 

complex, and should receive more than the minimum review time 

to facilitate meaningful public comments . EPA requested that 

the rule be revised to also require a 30-day public review for 

preliminary determinations for sources that accept limits to 

avoid major source permitting (i .e ., for both construction and 

Title V operating permits) . 

RESPONSE : The Board has not made the suggested revision . 

As the proposed amendments are currently written, the 30-day 

comment period and the 75-day period for final action apply to 

Title V synthetic minor operating permits, which are subject 

to the federal air permitting provisions of 42 USC 7661 . 

However, applying the 30-day comment period to synthetic minor 

Montana Administrative Register 19-10/16/03 
source preconstruction permits is beyond the legislative 

mandate . 

COMMENT NO . 2 : EPA commented that although it is not 

stated in the proposed revisions to ARM 17 .8 .759(4)(b), EPA 

assumes that the state provides the necessary 30-day public 

comment period for preliminary determinations involving case- by-case maximum achievable control technology (MACT) 

determinations . The state has adopted by reference 40 CFR 

Part 63 in ARM 17 .8 .302 and 17 .8 .342, and 40 CFR Part 63 

specifically requires a 30-day public comment period . 

However, ARM 17 .8 .342(7) indicates that ARM Title 17, chapter 

8, subchapter 7, governs the application, review and final 

approval or denial of a notice of MACT approval or 112(g) 

exemption and specifically references ARM 17 .8 .759 . Since the 

proposed 30-day public review period in ARM 17 .8 .759(4)(b) 

applies only to sources subject to 42 USC 7475, 7503 or 7661, 

EPA is concerned that sources might ask the state to follow 

the 15-day notice provision of ARM 17 .8 .759 instead of the 30-

day notice provisions of 40 CFR 63 .43 (h) (ii) and 63 .54 (c) (2) . 

EPA requested that the Board revise the proposed amendments to 

clarify that the 30-day comment period also applies to all 

MACT determinations . 

RESPONSE : The Board has not made the suggested revision . 

As the proposed amendments are currently written, the 30-day 

comment period and the 75-day period for final action apply to 

case-by-case MACT determinations, since these applications are 

subject to the federal air permitting provisions of 42 USC 

7661 . Also, specifically stating that the 30-day comment 

period applies to case-by-case MACT determinations might imply 

that this comment period does not apply to other types of 

permit applications subject to the provisions of 42 USC 7661 

that are not listed in the rule . 

BOARD OF ENVIRONMENTAL REVIEW 

By : Joseph W . Russell 

JOSEPH W . RUSSELL, M .P .H . 

Chairman 

Reviewed by : 

David Rusoff 

DAVID RUSOFF, Rule Reviewer 

Certified to the Secretary of State, October 6, 2003 . 

19-10/16/03 Montana Administrative Register 
GAIL ABERCROMBIE ANN ACHESON LAURA ACKERMANN 

MONTANA PETROLEUM ASSOC FOREST SERV FEDERAL BLDG DECKER COAL COMPANY 

PQ--~30X 1186 PO BOX 7669 PO BOX 12 

I. ,NA MT 59624-1186 MISSOULA MT 59807 DECKER MT 59025-0012 

JOE ALINE 

SHTJMAKER TRUCKING 

& EXCAVATING 

PO BOX 1279 

GREAT FALLS MT 59403 

DON ALLEN 

WETA 

33 S LAST CHANCE GULCH STE 2A 

HELENA MT 59624 

RON ANDERSON 

LINCOLN CTY HEALTH DEPT 

418 MINERAL AVE 

LIBBY MT 59923 

MARTIN BASTA BRAD BLACK 

CITY OF GT FALLS PUBLIC WORKS APCAC BOARD MEMBER 

PO BOX 5021 PO BOX 1442 

GREAT FALLS MT 59403-5021 LIBBY MT 59923-1442 

RUSSBOSCHEE 

YELLOWSTONE COUNTY APC 

3306 2ND AVE N 

BILLINGS MT 59101 

JOAN BOWSHER 

CITY-COUNTY HEALTH DEPT 

PO BOX 1723 

HELENA MT 59624 

. CHIP BREMER 

.-CITE 

PO BOX 12763 

RTP NC 27709 

LEE BRUNER 

PO BOX 2000 

BUTTE MT 59702 

JIM CARLSON 

MISSOULA CITY-CO HEALTH 

301 W ALDER 

MISSOULA MT 59802-4123 

BRIAN K CLIFTON M.S . R.S . 

CITY-COUNTY HEALTH DEPT 

115 4TH ST SOUTH 

GREAT FALLS MT 59405 

BILL COURTNEY 

QUANECO LLC 

PO BOX 7370 

SHERIDAN WY 82801 

JEFF BRIGGS . 

SMURFIT-STONE CONTAINER CORP 

PO BOX 4707 

MISSOULA MT 59806 

WANDA BURGET 

POWDER RIVER COAL CO 

CALLER BOX 3034 

GILLETTE WY 82717 

CARL CHRISTENSEN 

PUBLIC UTILITIES DEPT 

PO BOX 30958 

BILLINGS MT 59111-0958 

DALE COCKRELL 

CHRISTENSEN MOORE COCKRELL 

CUMMINGS & AXELBERG PC 

PO BOX 7370 

KALISPELL MT 59904-0370 

FRANK CROWLEY 

POWER BLOCK BLDG STE 300 

HELENA MT 59624-1185 

TIM BLUME 

US ARMY ENVIRONMENTAL 

CTR 

729-19TH ST 4TH FLR RM 427 

DENVER CO 80202-2500 

TIM BOZORTH 

BLM 

PO BOX 36800 

BILLINGS MT 59107 

MARK BROOK -

MORRISON-MAIERLE INC 

910 HELENA AVE 

PO BOX 6147 

HELENA MT 59601 

DEXTER BUSBY 

MONTANA REFINING CO 

1900 l OTH ST NE 

GREAT FALLS MT 59404-1955 

BRUCE CLARK 

GENESIS INC 

PO BOX 1660 

TROY MT 59935 

DAN CORTI 

U OF M ENVIRONMENTAL HEALTH 

BLDG 32 MS 9144 

MISSOULA MT 59812 

CROWLEY HAUGHEY HANSON 

TOOLE AND DIETRICH PLLP 

PO BOX 797 

HELENA MT 59624-0797 

D~ } DAVISON DON DAY BARB DOWSKI 

KNIFE RIVER COAL MINING STIMSON LUMBER CO REG. EH & S MANAGER, QWEST EH & 

1915 N KAVANEY DR 875 HWY 2 S S 

BISMARCK ND 58501 LIBBY MT 59923 1855 S FLATIRON COURT 

BOULDER CO 80301 
RALPH DRIEAR VICTOR M DUGAN 

HYDROMETRICS INC EXXONMOBIL 

1116 HELENA FLATS RD PO BOX 2180 CORP-KT-1265 

KALISPELL MT 59901 HOUSTON TX 77252-2180 

JOHN W DUNCAN 

RR #1 PO BOX 33 

JOPLIN MT 59531 

LINDA J DWORAK DVM NATHAN EKLUND ENERGY & ENV MEASUREMENT APCAC BOARD MEMBER SUMMIT ENVIROSOLUTIONS INC CORP PO BOX 1663 1217 BANDANA BLVD 1744 MULLOWNEY LN HAMILTON MT 59840 ST PAUL MN 55108 BILLINGS MT 59101 

ELLEN ENGSTEDT L A ERICKSON 

MONTANA WOOD PRODUCTS ASARCO TROY UNIT 

PO BOX 1149 PO BOX 1660 

HELENA MT 59624-1149 TROY MT 59935 

TODD EVERTS 

STATE CAPITOL RM 106 

DEADHEAD MAIL 

JAMES FLANSBURG WILLIAM E FLYNN ROBERT D FOOTE HAYS LODGE POLE SCHOOLS LUZENAC AMERICA EXXON MOBIL CORP BOX 110 767 OLD YELLOWSTONE TR 607 EXXON RD HAYS MT 59527 THREE FORKS MT 59752 BILLINGS MT 59 101 

ALAN FRONBERG PEGGY FRUIT ' RONALD GEHPKE GLACIER ENGINEERI[N1G PC TOWN OF B.ROADUS BIG SKY MINING CO 124 1ST AVE S STE 17 CLERK/TREASURER PO BOX 97 GREAT FALLS MT 59401 PO BOX 659 COLSTRIP MT 59323 

BROADUS MT 59317 

JOHN GERHART 

PO BOX 283 

BELT MT 59412 

ALAN GLUECKERT ALEXANDRA GORMAN 

MILES CITY LAUNDRY WOMEN'S VOICES FOR THE EARTH 

PO BOX 1409 PO BOX 8743 

MILES CITY MT 59301 MISSOULA MT 59807-8743 

LISA GRAHAM LEIF GRIFFIN ELLA GUTZKE 

SMURFIT-STONE CONTAINER CORP SMURFIT-STONE CONTAINER CORP SHERIDAN MEMORIAL HOSPITAL PO BOX 4707 PO BOX 4707 440 W LAUREL AVE MISSOULA MT 59806 MISSOULA MT 59806 PLENTYWOOD MT 59254 

RALPH HAMLER , WILLIAM HARBRECHT KATHY HARRIS PE MADISON COUNTY WESTERN ENERGY COMPANY APCAC BOARD MEMBER PO BOX 278 PO BOX 99 2205 LIME KILN RD VIRGINIA CITY MT 59755 COLSTRIP MT 59323 HELENA MT 59601 

ANNE HEDGES MARTIN HESTMARK LYNN HILL MEIC US EPA-REGION VIII-8ENF-T MSE-HKM INC PO BOX 1184 ' 999 18TH ST STE 300 PO BOX 7010 HELENA MT 59624 DENVER CO 80202-2405 SHERIDAN WY 82801 

DAVID HRUBES 

EASTERN MONTANA 

ENVIRONMENTAL 

PO BOX 36 

RICHEY MT 59259 

GENE HUGHES GREG HUGHES 

WEST AIR NORWEST INVESTMENT 

2430 AIRPORT RD MGMT TRUST 

HELENA MT 59601 PO BOX 5011 

" GREAT FALLS MT 59403 
JIM HUGHES ROSE HUGHES DIANNE HUHTANEN 

DEQ-BILLINGS THE CONSULTING ENGINEERS ROCKY MOUNTAIN LABS 

1 .,J-zl RIMTOP DR COUNCIL OF MONTANA NIAID, NIH 

.,INGS MT 59105-1978 36 S LAST CHANCE GUL STE A 903 S 4TH ST 

HELENA MT 59601 HAMILTON MT 59840 

AMANDA JENKINS 

NORWEST INVESTMENT 

MGMT TRUST 

PO BOX 5011 

GREAT FALLS MT 59403 

TINA JENKINS 

DEQ AIR QUALITY DIV 

1043 COFFEEN AVE STE D 

SHERIDAN WY 82881 

BRUCE JOHNSON 

SUMMIT ENVIROSOLUTIONS INC 

1217 BANDANA BLVD 

ST PAUL MN 55108 

DALE J JOHNSON 

ENVIRONMENTAL HEALTH 

TECH INC 

4748 RIMROCK RD 

BILLINGS MT 59106 

DICK JUNTUNEN 

RESOURCE MGMT ASSOCIATES 

259 MCCLELLAN CREEK RD 

CLANCY MT 59634 

JAKE KAMMERER R.S . 

RAVALLI COUNTY ENV HEALTH 

215 S 4TH ST STE D 

HAMILTON MT 59840 

TOM KIRCHER 

STILLWATER MINING CO 

HC54 BOX 365 

NYE MT 59061 

LARRY LAKNAR 

BEAVERHEAD COUNTY SANITARIAN 

2 S PACIFIC ST 

DILLON MT 59725-2799 

LION TECHNOLOGIES INC 

ATTN LIBRARY 

PO BOX 700 

LAFAYETTE NJ 07848 

LOUISE LORD 

31 LAURIN LOOP 

SHERIDAN MT 59749 

DEAN JOHNSON 

APCAC BOARD MEMBER 

BOX 131 

GLENDIVE MT 59330 

MICHAEL S KAKUK 

HOOVESTAL & KAKUK PLLC 

PO BOX 747 

HELENA MT 59624-0747 

BOB KELLY 

INTERTEC 

619 S W HIGGINS STE S 

MISSOULA MT 59803 

JERRY D. KNUTSON 

WEST-TECH SUPPLY & SERVICES 

PO BOX 80711 

BILLINGS MT 59108 

CATHY LAUGHNER 

BROWNING KALECZYC 

BERRY & HOVEN PC 

PO BOX 1697 

HELENA MT 59624 

CHERRY LONEY 

CASCADE CO HEALTH DEPT 

1154THSTS 

GREAT FALLS MT 59401-3618 

DIANE LORENZEN 

APCAC BOARD MEMBER 

11 FRIENDSHIP IN STE 102 

MONTANA CITY MT 59634 

RILEY JOHNSON 

NFIB 

330 FULLER AVE 

HELENA MT 59601 

THOMAS KALLENBACH 

FLUIDYNE INC 

533 BLACKWOOD RD 

BOZEMAN MT 59718-7604 

PAT KL?vIIVIET 

CI;NEX 

PO BOX 909 

LAUREL MT 59044-0909 

CHRIS KOLSTAD 

APCAC BOARD MEMBER 

HC 74 BOX 49 

LEDGER MT 59456 

MITCHELL LEU 

PLUM CREEK - APCAC MEMBER 

PO BOX 160 

COLUMBIA FALLS MT 59912 

RICHARD LONG 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER CO 80202-2405 

MICHAEL J LUCIANO 

FARM HARVESTING OF EUREKA 

PO BOX 1050 

EUREKA MT 59917 

N_ iAEL MACHLER DEB MADISON DON MAY 

APCAC BOARD MEMBER FORT PECK TRIBES MAXIM TECHNOLOGIES INC 

771 TOPAZ AVE BOX 1027 PO BOX 2730 

BILLINGS MT 59105 POPLAR MT 59255 MISSOULA MT 59801 
GABRIEL MCAULIFFE BRIAN MCHUGH JOHN MCKENNA SIERRA RESEARCH MAXIM TECHNOLOGIES INC ETS INTERNATIONAL LIBRARY 618 S 25TH ST 1401 MUNICIPAL RD NW 1801 J ST BILLINGS MT 59107 ROANOKE VA 24012-1309 SACRAMENTO CA 95814 

WILLIAM MCLAUGHLIN 

341 CES/CEVC 

39 78TH ST N 

MALMSTROM AFB MT 59402-7536 

DEENA MCMULLEN 

MGR OF GOVT & PUB AFFRS MT, WY, 

ND, SD 

INDPNDNT PETRO ASSN OF MTN STS 

518 17TH ST STE 620 

DENVER CO 80202 

WALTER L MCNUTT 

AG EQUIPMENT SALES 

STATE SENATOR 

110 12TH AVE SW 

SIDNEY MT 59270 

ARNIE A MOHL 

A-1 PAVING 

3131 HWY 2 E 

KALISPELL MT 59901 

BOB MONTGOMERY 

WESTERN ENERGY CO 

PO BOX 99 

COLSTRIP MT 59323 

DARREL MYRAN ANNISSA NELSON 

WESTMORELAND RESOURCES INC TANKNOLOGY 

BOX 449 470 SCHROCK RD STE L 

HARDIN MT 59034 COLUMBUS OH 43229 

DAVE NOELI. 

APCAC BOARD MEMBER 

1318 BABCOCK CIRCLE 

BILLINGS MT 59105 

ANN O'HAGAN 

WCEC INC 

1030 SOUTH AVE W 

MISSOULA MT 59801 

OWEN ORNDORFF 

YELP 

1087 W RIVER ST STE 200 

BOISE ID 83702 

DICK PAULSEN 

AMERICAN LUNG ASSN 

825 HELENA AVE 

HELENA MT 59601 

DAN POWERS 

BUTTE/SB HEALTH DEPT 

25 W FRONT ST 

BUTTE MT 59701 

BEN RANGEL 

GTF C-C PLAN DEPT 

PO BOX 5021 

GREAT FALLS MT 59403 

JOE O'ROURKE 

FH STOLTZE LAND & LUMBER 

BOX 1429 

COLUMBIA FALLS MT 59912 

MARTIN PERGA 

CENEX LAUREL REFINERY 

PO BOX 909 

LAUREL MT 59044-0909 

DON QUANDER 

HOLLAND AND HART 

401 N 31 ST ST STE 1500 

BILLINGS MT 59101 

HOWARD REID 

DPHHS/FCSS COGSWELL BLDG 

DEADHEAD MAIL 

TIM MULLIGAN 

RISK MANAGEMENT DIV 

PO BOX 3767 

BUTTE MT 59702 

ALLEN NIPPLE 

SPRING CREEK COAL CO 

PO BOX 67 

DECKER MT 59025-0067 

SANDI OLSEN 

DEQ-REM DEADHEAD MAIL 

JIM PARKER 

PPL MT 

PO BOX 38 

1 WAREHOUSE RD 

COLSTRIP MT 59323 

STEVE PILCHER 

PO BOX 1715 

HELENA MT 59624-1715 

JIM RAMAKER 

PO BOX 760 

CHOTEAU MT 59422 

JEREMY RHODES 

341 ST CES/CEV 

39 78TH ST N 

MALMSTRM AFB MT 59402-7536 

RANDALL RICHERT MICHAEL RINOLOI TIM ROARK 

CONOCO CENTRAL MT HEALTH DEPT GALLATIN CITY-COUNTY HEALTH PO BOX' 0198 305 W WATSON ST 311 W MAIN COURTHOUSE BILLINGS MT 59101-0198 LEWISTOWN MT 59457 BOZEMAN MT 59715 
HAL ROBBINS CORRINE A ROSE RS 

BISON ENGINEERING INC TETON/PONDEROSA COUNTY 

?- EWING SANITARIAN 

i . ENA MT 59601 BOX 610 

CHOTEAU MT 59422 

PAT SAINDON GERALD SCHLOSSER 

PLANNING DIVISION SUPR OF PLANT SERVICES 

MT DOT & GROUNDS/BENEFIT HEALTHCARE 

HELENA-DEADHEAD MT 1101 26TH ST S 

GREAT FALLS MT 59405 

CURT SCRIBNER WADE SELLERS 

YELLOWSTONE ENERGY LTD SUPERIOR ENTERPRISES 

2215 FRONTAGE RD PO BOX 128 

BILLINGS MT 59101-7307 SUPERIOR MT 59872 

JON SESSO DAVE SIMPSON 

BUTTE/SILVER BOW PLAN WESTMORELAND RESOURCES 

CRTHSE 155 W GRANITE PO BOX 449 

BUTTE MT 59701 HARDIN MT 59034 

DENNIS J SNOW RS- - - , RICH SOUTHWICK 

DAWSON CITY SANITARIAN BISON ENGINEERING INC 

207 W BELL 30 S EWING 

G,L.FNDIVE MT 59330 HELENA MT '59601 

LYNN STABENFELDT SANDY STASH 

MULTISTATE ASSOCIATES INC ARCO 

515 KING ST 317 ANACONDA AVE 

ALEXANDRIA VA 22314 BUTTE MT 59701 

RICK STEFANIC JACQUELINE STEPHAN 

BUREAU OF INDIAN AFFAIRS INFORMATION RESOURCES INC 

316 N 26TH ST 1201 SEVEN LOCKS RD STE 300 

BILLINGS MT 59101 POTOMAC MD 20854-2931 

SAM STEPHENSON 

ARCO 

317 ANACONDA AVE 

BUTTE MT 59701 

STAN STERNBERG 

MT DOT 

ENVIRONMENTAL DEADHEAD MAIL 

ANDREA STOMBERG 

MONTANA-DAKOTA UTILITIES 

400 N 4TH ST 

BISMARCK ND 58501 

SUPERINTENDENT 

GLACIER NATIONAL PARK 

WEST GLACIER MT 59936 

JOE RUSSELL 

FLATHEAD CTY HEALTH DEPT 

1035 1ST AVE W 

KALISPELL MT 59901 

BRIAN SCHOOF 

ROSEBUD COUNTY SANITARIAN 

BOX 388 

FORSYTH MT 59301 

JAN SENSIBAUGH 

DEQ DEADHEAD MAIL 

PETE SIMONICH 

COLSTRIP STEAM ELECTRIC 

STATION 

PO BOX 38 

COLSTRIP MT 59323 

PATRICIA SPENCER 

ENVIRONMENT REPORTER 

BNA-1231 25TH ST NW S-382 

WASHINGTON DC DC 20037 

FRED STEELE 

CSKT TRIBAL HEALTH 

ENVIRONMENTAL HEALTH 

BOX 880 

ST IGNATIUS MT 59865 

STEPHEN BLANKENSHIP FORD 

925 L ST STE 390 

SACRAMENTO CA 95814 

FRED STIERS 

CONOCOINC 

PO BOX 30198 

BILLINGS MT 59107-0198 

LARRYSVOBODA 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER CO 80202-2405 

LILA TAYLOR 

SHANNON THERRIAULT RAY TILMAN 

BOX 595 KIRLEY RT CITY COUNTY HEALTH DEPT MONTANA RESOURCES 

BUSBY MT 59016 301 W ALDER ST (MT MINING ASSOC) 

MISSOULA MT 59802 600 SHIELDS AVE 

BUTTE MT 59701 
STEVE TURKIEWICZ BARRI TWARDOSKI TONY TWEEDALE MONTANA AUTO DEALERS ASSN MAXIM TECHNOLOGIES INC MT-CHEER 501 N SANDERS ST PO BOX 2730 640 LIVINGSTON AVE HELENA MT 59601 MISSOULA MT 59806 MISSOULA MT 59801-8002 

DARYL URAN 

WILLISTON BASIN INST PIPEL 

PO BOX 131 

GLENDIVE MT 59330 

CALLIE VIDETICH 

US EPA REGION VIII-8P-AR 

999 18TH ST STE 300 

DENVER CO 80202-2466 

STEVE WADE 

BROWNING KALECZYC BERRY & 

HOVEN 

PO BOX 1697 

HELENA MT 59624 

GERALD WAGNER 

BLACKFEET TRIBAL 

ENVIRONMENTAL OFFICE 

PO BOX 2029 

BROWNING MT 59417 

KEVIN K. WALSH 

ENVIRONMENTAL CONSULTING 

SERVICES LLP 

451 FREEDOM AVE 

BILLINGS MT 59105 

STEVE D WR?GHT 

COLUMBIA FALLS ALUMINUM 

2000 ALUMINUM DR 

COLUMBIA FALLS MT 59912 

LARRY ZINK 

MT SULPHUR & CHEMICAL CO 

PO BOX 31118 

BILLINGS MT 59107 

CENTURY COMPANIES INC 

BOX 739 

LEWISTOWN MT 59457 

MONTANA AUDUBON 

PO BOX 595 

HELENA MT 59624 

BETSY WAHL 

EPA-MT OFFICE DEADHEAD MAIL 

JOHN WARDEL 

EPA-MT OFFICE DEADHEAD MAIL 

BOB 

" ENVIRONMENTAL DEFENSE FUND 

2910 B COUNTY RD 67 

BOULDER CO 80302 

CARBON COUNTY HEALTH DEPT 

SANITARIAN 

BOX 466 

RED LODGE MT 59068 

FARMERS UNION OIL CO 

1000 SMELTER AVE 

BLACK EAGLE MT 59414 

MONTANA POWER CO 

PO BOX 38 

COLSTRIP MT 59323 

SCOTT WALKER 

YELLOWSTONE CITY COUNTY 

PLANNING 

510 N BROADWAY 

BILLINGS MT 59101 

LINDA WIEGERT 

MERIDIAN OIL INC 

801 CHERRY ST STE 700 

FORT WORTH TX 76102 

JIM 7.ABROCKI . . 

CUSTER COUNTY SANITARIAN'S ` 

OFFICE 

COURTHOUSE 

MILES CITY MT 59301 

CENTER FOR ENVIRONMENTAL 

POLITICS INC 

PO BOX 9375 

MISSOULA MT 59807-9375 

MONTANA MOTOR CARRIERS 

501 N. SANDERS ST #201 

HELENA MT 59601-4552 

NORTHERN PLAINS RESOURCE 

COUNCIL 

2401 MONTANA AVE #200 

BILLINGS MT 59101-2336 

PACK & COMPANY CONST WIBAUX CO-OP OIL CO 

PO BOX 8150 PO BOX *LAST EDITED BY JAN B 178 

KALISPELL MT 59904-1150 WIBAUX MT 59353 10/9/2003 
17 
Montana DEQ - Legal Unit - Adopted Rule Notices 

Montana Home DEQ Home Divisions Public Interest Contacts Search October ' 

Legal Unit Home 

About the Legal Unit 

Legal Unit Contacts 

Montana Code Annotated 

Administrative Rules of 

Montana -Title 17 

Rule Notices 

Notices with Hearing 

Notices without Hearing 

Negotiated Notices 

Final Adoption Notices 

Transfer Notices 

Emergency Notices 

Download Acrobat 

qbe Reader to view pdf files. 

Final Notice of Rulemaking ADMINISTRATIVE 

RULES OF 

MONTANA 

EFFECTIVE 

October 17, 2003 

October 17, 2003 

October 17, 2003 

October 17, 2003 

August 15, 2003 

June 27, 2003 

June 27, 2003 

June 27, 2003 

May 23, 2003 

April 25, 2003 

Page l of 2 

PURPOSE 

Notice of Amendment of ARM 17 .8 .749, 759, etc. (Air Quality -

MAR Notice No. 17-194) ' 

Notice of Amendment of ARM 17 .8 .501, 504, etc. (Air QualityMAR Notice No. 17-193) 

Notice of Amendment of ARM 17 .30.716 .(Water Quality - MAR 

Notice No. 17-192) 

Notice of Amendment of ARM 17 .38.602, 603 (Public Water and 

Sewage System Requirements - MAR Notice No. 17-191) 

Notice of Amendment of ARM 17.36.340 (Subdivisions - MAR 

Notice No. 17-195) 

Corrected Notice of Amendment and Adoption of ARM 

17 .38.101, 201A, 202, 203, etc. (Public Water Supply and 

Wastewater Systems Requirements - MAR Notice No. 17-190) 

Notice of Amendment and Adoption of ARM 17.38.101, 201A, 

202, 203, etc. (Public Water Supply and Wastewater Systems 

Requirements - MAR Notice No. 17-190) 

Notice of Adoption of 17.30.616 and 17 .30.658 and amendment of 

17.30.706 Water uali - Standards for Electrical Conductivity 

and Sodium Adsorption Ratio- (Amended Notice of 17-171 -

MAR Notice No. 17-187) 

Notice of Amendment of ARM 17 .56.101, 102, etc. and Repeal of 

17.56.103, 1101-1104 (UnderQround Storage Tanks - MAR Notice 

No. 17-189) 

Notice of Adoption and Amendment of New Rule IV and 

Amendment of 17 .30.602 (Water Quality - Standards for Electrical 

Conductivity and Sodium Adsorption Ratio- (Amended Notice of 

17-171 - MAR Notice No. 17-187) 

Corrected Notice of Amendment of ARM 17.30 .1301, 1303, etc ., 

February 14, 2003 Repeal of ARM 17.30.1332 (Water Quality - Montana Pollutant 

Discharge Elimination System Permits - MAR Notice No. 17-175) 

April 11, 2003 

Amendment of ARM 17 .8 .101, 102, 103, etc. (Air Quality - 

Incorporation by Reference of Current Federal Regulations - MAR 

Notice No. 17-186) 

February 14, 2003 

February 14, 2003 

Adoption of New Rules I-XI (Alternative Energy - Alternative 

Energy Revolving Loan Program - MAR Notice No. 17-188) 

Amendment of ARM 17 .40.301, 302, etc. (Water Pollution 

Control State Revolving Fund - MAR Notice No. 17-183) 

http ://www .deq .state .mt.us/dir/legal/adoption .asp 10/14/2003 
18 
-2272- 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the matter of the amendment) NOTICE OF AMENDMENT 

of ARM 17 .8 .749, 17 .8 .759, ) 

17 .8 .763 and ]7 .8 .764 ) 

pertaining to conditions for ) (AIR QUALITY) 

issuance or denial of permits,) 

review of permit applications,) 

revocation of permits and ) 

administrative amendment to ) 

permits ) 

TO : All Concerned Persons 

1 . On June 26, 2003, the Board of Environmental Review 

published MAR Notice No . 17-194 regarding a notice of public 

hearing on the proposed amendment. of the above-stated rules at 

page 1252, 2003 Montana Administrative Register, issue number 

12 . 

2 . The Board has amended the rules exactly as proposed . 

3 . The following comments were received and appear with 

the Board's responses : 

COMMENT NO. 1_ : The U .S . Environmental Protection Agency 

(EPA) commented that it would prefer that the Board adopt a 

30-day comment period for all preliminary determinations . EPA 

recognizes that the Board has used the 15-day public review 

period for many years, and that it was originally appro-ed by 

EPA in reliance on the grandfathering provisions of 40 CFR 

51 .161(c) . Under these circumstances the continued use of a 

15-day comment period for most minor sources is acceptable ; 

however, there is one class of "minor" preliminary 

determinations that merits special consideration . III some 

situations, a source that would otherwise b,~ subject to major 

source permitting might accept emission limits in its permit 

to avoid major source permitting, either by limiting potential 

to emit or by making enforceable emission reductions that ran 

be used for netting purposes . EPA believes that, :these types 

of permitt:ing actions are highly significant and can be quite , 

complex, and should receive more than the minimum review timto facilitate meaningful public comments . EPA requc~sted i-hat 

the rule he revised to also require a 30-day puhlic rPvi .ew for 

preliminary detPrminatione for sources that. accept limi .t? to 

avoid major source permitting (i .e ., for both conQtruction and 

Title V operating permits) . ' 

RESPONSE : The Board has not made the suggested revision . 

As the proposed amendments are currently written, the 30-day 

comment period and the 75-day period for final action apply to 

Title V synthetic minor operating permite, which are =ub.iect : : 

to the federal air permitting provisions of 42 UGC 7661 . 

However, applying the 30-day comment period to synthetic minor 

Montana Administrative Register 19-10/15/03 
source preconstruction permits is beyond the legislative 

mandate . 

COMMENT NO . 2 : EPA commented that although it is not 

stated in the proposed revisions to ARM 17 .8 .759(4)(b), EP ; 

assumes that the state provides the necessary 30-day public 

comment period for preliminary determinations involving caseby-case maximum achievable control technology (MACT) 

determinations . The state has adopted by reference 40 CFF 

Part 63 in :ARM 17 .8 .302 and 17 .8 .342, and 40 CFR Part 63 

specifically requires a 30-day public comment period . 

However, ARM 17 .8 .342(7) indicates that ARM Title 17, chaptex 

B, subchapter 7, governs the application, review' and final 

approval or denial of a notice of MACT approval or 112(g) 

exemption and specifically references ARM 17 .8 .759 . Since the 

proposed 30-day public review period in ARM 17 .8 .759(4)(b) 

applies only to sources subject to 42 USC 7475, 7503 or 7661, 

EPA is concerned that sources might ask the state to follok 

the 15-day notice provision of ARM 17 .8 .759 instead of the 30-

day notice provisions of 40 CFR 63 .43(h)(ii) and 63 .54(c)(2) . 

EPA requested that the Board revise the proposed amendments tc 

clarify that the 30-day comment period also applies to all 

MACT determinations . 

RESPONSE : The Board has not made the suggested revision . 

As the proposed amendments are currently written, the 30-dal 

comment period and the 75-day period for final action apply tc 

case-by-case MACT determinations, since these applications are 

subject to the federal air permitting provisions of 42 USC 

7661 . Also, specifically stating that the 30-day comment 

period applies to case-by-case MACT determinations might imply 

that this comment period does not apply to other types of 

permit applications subject to the provisions of 42 USC 7661 

that are not listed in the rule . 

BOARD OF ENVIRONMENTAL REVIEW 

By : Joseph W. Russell 

JOSEPH W . RUSSELL, M .P .H . 

Chairman 

Reviewed by : 

David Rusoff 

DAVID RUSOFF, Rule Reviewer 

Certified to the Secretary of State, October 6, 2003 . 

19-10/16/03 Montana Administrative Registex