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 Reviewon 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 ofAdoption 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 CleanAir 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) Ifthe department denies an applicationfor a Montana airqualitypermit 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) Ifthe department denies an application for a Montana air quality permit, it may not accept any further air quality permit application fromthe owneror 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 boardis requested, the board has issued afinal 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 MARp. 3567, Eff . 12/27/02; AMD

, 2003 MARp. 2272, Eff. 10/17/03.) Rules 17.8.750 and 17.8.751 reserved

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### 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 whichall comments on the preliminary determination must be submitted in writing, which must be within: (i) 30days after the notice is mailed for applications subject to the federal air permitting provisions of42 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 whicha 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 MARp. 3567, Eff . 12/27/02; AMD , 2003 MARp. 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 PolicyAct, 75-1-101, et seq., MCA, the procedures for public review are those required by the Montana Environmental PolicyAct and the rules adopted by the board and department to implementtheAct, ARM Title 17, chapter 4, subchapter 6, andARM 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) AMontana 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 ofa Montana air quality permit may be revoked, amended, or modified without invalidating the remainderofthepermit.

(2) Apermit issued prior to construction or installation ofa new or modified facility or emitting unit may provide that the permit or a portion ofthe 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 MARp. 3567, Eff. 12/27/02.)

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### 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 anyportion ofa permit upon written request ofthe permittee, or for violation ofany 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 ARM17.8.767), 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 ofa permit . The department's decision to revoke a permit or any portion ofa permit becomes final when 15 days have elapsed after the permittee's receipt ofthe notice unless the permittee requests ahearing before the board. (3) When the department revokes a permit under this rule, the permittee may request a hearing before the board. Ahearing 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 TOPERMIT (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 ofa 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;

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### Volume I Chapter 9 STATE OF MONTANA Subject: Administrative AIR QUALITY CONTROL Rules of IMPLEMENTATION PLAN Montana AIRQUALITY 17.8.765 (c) administrative errors in the permit that do not affect substantive provisions of the permit . (2) Thedepartment shall notify the permittee inwritingofany proposed amendments to the permit . The permit is deemed amended in accordance with the notice when 15 days have elapsed fromthe 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 mayrequest a hearing before the board. Ahearing request must be in writing and must be filedwith the board within 15 days after thedepartment issues its decision to amend the permit . Filing a request for hearing postpones theeffective date ofthe department's decision until issuance ofafinal decision by the board

. (4) Ahearing under this rule is governed by thecontested case provisions ofthe 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 MARp. 3567, Eff . 12/27/02; AMD

, 2003 MARp. 2272, Eff

. 10/17/03.) 17.8.765 TRANSFER OF PERMIT (1) A Montana air quality permit may be transferred fromone location to another if: (a) the department receives a complete notice of intent to transfer location, including: (i) writtennotice 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. Thenotice must include a statement that public commentwill be accepted by the department for 15 days after the date of publication and that comments should be addressed to: AirQuality Permitting Section, Air andWaste Management Bureau, Department ofEnvironmental 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 ;

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# RECORD OF ADOPTION Air Quality Program

Revision TABLE OF CONTENTS (1) BERagenda granting rulemaking authority (2) MARnotice for proposed rulemaking (3) Public notice statement (4) Memorandums to newspapers of general circulation (5) Affidavits of publication, including news clippings (6) MARnotice to repositories (7) MARnotice to Interested Parties, including address list (8) MARnotice to Air Pollution Control Advisory Council (9) MARnotice 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 frompublic hearing (14) BERagenda fromrule adoption meeting (15) Transcript fromBERrule adoption meeting (16) Final MARto Interested Parties, including address list (17) Final MARposted on the state electronic access system (18) Final MARnotice 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 SIXTHAVENUE, 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 InterimHearing Examiner TomBowe 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 . ACTIONAGENDA ITEMS A . REPEAL, AMENDMENT ORADOPTION OF FINAL RULES l . Amend ARM17.38.101, 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 newand 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 ofpublic 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 ofthe 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 ARM17.30.706 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. DEQrecommends adoption of the amendment .BERAgenda

June 6, 2003 Page 2 of 4 

### B . INITIATION OF RULEMAKINGANDAPPOINTMENT OF HEARINGOFFICER 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 ARM17.30.716 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 ARM17.8.749, 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 DEQto notify an applicant for certain air quality permits ofthe approval or denial of the application within 75 days after receipt of a complete application, and, as required by the newlaw, 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 fromBruce Tutvedt requesting a hearing of the above N .O .V. and penalty determination issued by DEQ . Standing InterimHearing 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 .BERAgenda

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 fromMr . Grosswiler requesting a hearing of the above allegations. . On May 23, 2003, Standing InterimHearing Examiner TomBowe issued the first prehearing order . The Board may appoint a permanent hearing examiner or decide to hear the matter . 

### D . ACTION ONAPPEALS 1 . Van Dyke Construction Company, Inc. and Loughmiller Reclamation, L.L.C . (BER2002-07 OC) requested a hearing to appeal a DEQproposed 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 ViewEstates, 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. DEQand 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. (BER2002-10ASB) requested a hearing on a notice of violation and administrative penalty order issued by DEQfor alleged violation of the Asbestos Control Act by failing to ensure an asbestos inspection was conducted before beginning renovations ofa 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 ofdismissal will be presented to the Board for approval . E. OTHERACTION 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 WaterBERAgenda

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 ofthe TWQstandards is being put into effect by Asarco, Inc.. 

### III . BRIEFINGAGENDA ITEMS A . CONTESTEDCASE 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&WInvestments, 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 TomBowe has granted the requests. The proposed schedule is now due byJune 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 thejurisdiction 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-neti-ees ma i 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 a nn 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 . 17-194other 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 ofpermit 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 reviewa 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 -



### FAXTRANSMITTAL 657-1345 June 23, 2003 TO : Billings Gazette Classified Ads 401 NBroadway Billings, MT 59107-6300 RE : Public Notice 0File 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 ofthe billing statement to the address below . This request is in addition to any regular mailing ofbilling statements to the Montana Department ofEnvironmental 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 DivisionCOMMUNICATION 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 OR 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.SMYT1 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 0Other: ©' Per your request F-1 For your information ED Fox your file ® Notice enclosed Enclosure: Public notice for legal advertisement_ (A'VVM0501,290> 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 Ifyou 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 DiviaionP .O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 -



### FAXTRANSMITTAL 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 ofpublication and a copy of the billing statement to the address below . This request is in addition to any regular mailing ofbilling statements to the Montana Department ofEnvironmental 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 DivisionP. 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 OR 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 TRANSiVIITT AT . 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 0For your information E:1 12evie--, sign and return ~ For your f" xle 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 ofyour 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 "



### FAXTRANSMITTAL 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 0For 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 ofpublication and a copy of the billing statement to the address below . This request is in addition to any regular mailing ofbilling 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 DivisionCOMMUNICATION 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 ori gin al aMdav

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

### FAXTRANSMITTAL 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 ofpublication and acopy of the billing statement to the address below . This request is in addition to any regular mailing ofbilling 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 DivisionCOMMUNICATION 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 S930 X

~ File or record (~ Return a Conformed copy 0 I,tevicu, sign and return 0 Review

and call ~ Other:

Public Notice 0Per 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 ofyour newspaper on Mo-day, Tune 30, 2003_ Rettv .rn the original affidavit Of publication and a copy of- the biilizeg statement to the address below . This request is in addition to any regular =ailing of billing statements 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 DivisionP .O . Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 "



### FAXTRANSMITTAL 523-5221

June 23, 2003 TO : The Missoulian Classified Ads 500S Higgins Missoula, MT 59807 : Public Notice 0File or record Fj Return a conformed copy F-1 Review, sign and return F~ Reviewand 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 ofbilling statements to the Montana Department ofEnvironmental 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 DivisionCOMMUNICATION 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-2) BUSY E - 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 FAXTlZANSMITTA Y. 523-5221 REASON FOR ERROR

June 23, 2003 Td: 'rhe Missoulian

Classified .Ads 500 S Fii ggin.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 fle 0File or record F-1 Per your re est

Enclosure

: .Public notice for legal advertisernent . (A,yVM0501,294) lv[essagc: Pleasc publish the enclosed document in the legal . section ofyour 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 PUBLICNO-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 Room111 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 allowthe 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 reviewa 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 59401qquen,!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 vek1Tegal regarding: AWM 0501,290 a true copy of which is hereto annexed, was published in said newspaper on the following dates: via:



# (01ag 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 claimis made in the attached papers in eint of $ 47.75 is not in excess of the minimumrate 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 claimis correct andjust 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 underW'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 PUBLICfor 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 electronicallyvia email add r e s s e d t o 'ber®state .mt .us', nolater 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~`~~ 

## ~ 0 ~ 2000 UL 1~ 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 Atrue 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 claimis 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 claimis 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`MUBLICfor the State of Montana Residing in Cascade County My commission expires: << %~ ~~' Signature ) i~ ~n~- 31 ~AW MV0,501,/a6 ,~¢I) :ori- .:July-30, 11 Public

p hear-'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-.-knownl 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 ~Secetary at -" r, "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

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## Affidavit of Publication , LV 

## UL 0 7 2003

; .+.~ . ._- ., ., .- . . . _.,- . . .~~d t nrJ :It 30

. 2003JAT,1"0:30 P. II Y %:APUBLIC HEAHINU VvlLc,oc nr .w,~ ~BEF0,5E THOMAS,BOW,EI }I,EA,R-~~ ~r,ING OFFICER APPOINTED ;BY THE , p.,,BOARDOF 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 178 .Z64, ' ._`ER' SP --,TAINING

.,,,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 :! ~ - " EN= f 

### ,, 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~^ City- :Montana'S930 ., j,Miles <+ ;, .'6) . THE _ -STATE-~OF MONTANA : I

, ;_MAKES REASONABLE, ;ACCOM- : L ' MENTS OF HOUSE B L , rACTED;BYTHE 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 ; , VIDENOTICESOFDECISIQNSON"' :"'SON NEEDING' ACCOMMODA- ^AIR .QU,S,BY ;MAIL I Lh' :TION-' :MUST ,CON :TACT ;, ;THE' ; ~ -" ER50-NAL" BOARD NOLATER 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 WOULDAFFECTALLPAR-,'~ .,`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 BOARDWILL BE ACCEPT 7) INTERESTED PARTIES MAYi-'i ~,;INGPUBLICCOMMENT-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 -TOTHE 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"CEfVED JUL 08 2003 * * * Proof of Publication* * Missoulian Classified Put us to work for you Mr D?Pt .r±nvironn7ental olja(ity Aermitiinl7 3~ Air ColT]Pti,a,nce Division 

## *

500 Soiuth 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 HERETOATTACHED, WAS PRINTED AND PUBLISHED INTHE REGULAR AND ENTIRE ISSUE OF SAID ~

AD NUMBER: 1830951

PUBLICNOTICE A W MO0501,294 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 ALLOWTHE 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 ~SONTANA ' ~ -1 ~` ~(

J,~1"~ 8.,4.t--_L.!

.L-a DA 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(:AfitiFARIN 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 4THSTREET SOUTH GREAT FALLS, MONTANA 59401 E) CUSTER COUNTY SANITARIAN CUSTER COUNTY COURTHOUSE 1010MAIN 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 TOWORK 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

# 6P .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 ofRules is to be retained for reviewby interested parties. ` Enclosure: Notice of public hearing in the matter ofthe 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 DivisionP.O. Box 200901 " Helena, MT 59620-0901 " (406) 444-2544 " www .deq .state .mt .us 

### TRANSMITTAL LETTER June 26, 2003 TO : JimCarlson Missoula City-County Health Dept . 301 W Alder Missoula MT 59802 Notice ofPublic 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 Reviewand call ® Notice enclosed 0 Other: Message: The enclosed copy of Notice ofPublic Hearing on Proposed Amendment ofRules is to be retained for review by interested parties. Enclosure: Notice of public hearing in the matter ofthe amendment of ARM 17.8.749, 17.8.759, 17.8.763 and 17.8.764 pertaining to conditions for issuance or denial ofpermits, 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 DivisionP.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 0Per 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 ofRules is to be retained for review by interested parties. Enclosure: Notice ofpublic hearing in the matter ofthe amendment of ARM 17.8.749, 17.8.759, 17.8.763 and 17 .8.764 pertaining to conditions for issuance or denial ofpermits, reviewof permit applications, revocation of permits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP .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: RFile or record Fj Per your request 0Return a conformed copy Fj For your information F] Review, sign and return ~ For your file 0 Reviewand call ~ Notice enclosed 0 Other: Message: The enclosed copy of Notice ofPublic Hearing on Proposed Amendment ofRules is to be retained for reviewby interested parties. Enclosure: Notice ofpublic hearing in the matter ofthe amendment of ARM 17.8.749, 17.8.759, 17.8.763 and 17.8.764 pertaining to conditions for issuance or denial ofpermits, 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 ofthe Air Pollution Control Advisory Council (APCAC) and to each ofthe 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 ofpermits and administrative amendment to permits, and (2) the inclusion ofthe proposed amendment into the Montana State Implementation Plan.

Barb Williams, Supervisor AWMBAdministrative SupportGAIL ABERCROMBIE ANNACHESON LAURAACKERMANN MONTANA PETROLEUM ASSOC FOREST SERV FEDERAL BLDG DECKER COAL COMPANY POBOX 1186 POBOX 7669 POBOX 12 '^`.ENA MT 59624-1186 MISSOULA MT 59807 DECKER MT 59025-0012 DENNIS ALEXANDER JOE ALINE DONALLEN APCAC BOARD MEMBER SHUMAKERTRUCKING WETA , POBOX6272 POBOX 1279 33 S LAST CHANCE GULCH STE 2A BOZEMAN MT 59771-6272 GREAT FALLS MT 59403 HELENA MT 59624 RONANDERSON MARTIN BASTA ROBERT KBERGMAN LINCOLN CTY HEALTHDEPT CITY OF GT FALLS PUBLIC WORKS ROCKYMOUNTAIN LABS 418 MINERAL AVE PO BOX 5021 903 S 4THST LIBBY MT 59923 GREAT FALLS MT 59403-5021 HAMILTON MT 59840 BRAD BLACK TIM BLUME RUSS BOSCHEE APCAC BOARDMEMBER US ARMY ENVIRONMENTAL YELLOWSTONE COUNTY APC PO BOX 1442 729-19TH ST 4THFLRRM 427 3306 2NDAVE N LIBBY MT 59923-1442 DENVER CO 80202-2500 BILLINGS MT 59101 JOAN BOWSHER TIM BOZORTH CHIP BREMER CITY-COUNTY HEALTHDEPT BLM CITE PO BOX 1723 PO BOX 36800 POBOX 12763 HELENA MT 59624 BILLINGS MT 59107 RTP NC 27709 JEFF BRIGGS MARK BROOK LOUISIANAPACIFIC-DEER LODGE MORRISON-MAIERLE INC PO BOX 389 PO BOX 6147 DEER LODGE MT 59722 HELENA MT 59601 LEE BRUNER POBOX 2000 BUTTE MT 59702

WANDABURGET DEXTER BUSBY JIM CARLSON POWDER RIVER COAL CO MONTANA REFINING CO MISSOULA CITY-COHEALTH CALLER BOX 3034 , 1900 10TH ST NE 301 W ALDER GILLETTE WY 82717 GREAT FALLS MT 59404-1955 MISSOULA MT 59802-4123 MARKCECHOVIC CARL CHRISTENSEN BRUCE CLARK PROFESSIONAL GEOLOGIC PUBLIC UTILITIES DEPT GENESIS INC 3009 ERWINAVE PO BOX 30958 POBOX 1660 BOZEMANMT 59715 BILLINGS MT 59111-0958 TROY MT 59935 BRIAN KCLIFTON M

.S. R.S. DALE COCKRELL DAN CORTI CITY-COUNTY HEALTH DEPT CHRISTENSEN MOORE COCKRELL UOF M ENVIRONMENTAL HEALTH 115 4THST SOUTH PO BOX 7370 BLDG32 MS 9144 GREAT FALLS MT 59405 KALISPELL MT 59904-0370 MISSOULA MT 59812 ~COURTNEY CROWLEY HAUGHEY HANSON Q .,ANECOLLC FRANK CROWLEY TOOLE ANDDIETRICH PLLP PO BOX 7370 POWER BLOCKBLDG STE 300 POBOX 797 SHERIDAN WY 82801 HELENA MT 59624-1185 HELENA MT 59624-0797DOUGDAVISON DON DAY KNIFE RIVERCOAL 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 HOUSTONTX 77252-2180 JOHN W DUNCAN RR #1 PO BOX 33 JOPLIN MT 59531 RALPH DRIEAR HYDROMETRICS INC 1116 HELENA FLATS RD KALISPELL MT 59901 LINDAJ DWORAK DVM APCAC BOARD MEMBER POBOX 1663 HAMILTON MT 59840 NATHANEKLUND ENERGY & ENV MEASUREMENT ELLEN ENGSTEDT SUMMIT ENVIROSOLUTIONS INC CORP MONTANAWOOD 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 ASARCOTROY UNIT TODD EVERTS HAYS LODGE POLE SCHOOLS POBOX 1660 STATE CAPITOL RM 106 BOX 110 TROY MT 59935 HAYS MT 59527 WILLIAM

E FLYNN ROBERT DFOOTE ALAN FRONBERG LUZENACAMERICA EXXONMOBIL CORP GLACIER ENGINEERING PC 767 OLDYELLOWSTONE 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 BOX97 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 FORTHE 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 CONTAINERCORP SHERIDAN MEMORIAL HOSPITAL PO BOX4707 PO BOX 4707 440W LAUREL AVE MISSOULA MT 59806 MISSOULA MT 59806 PLENTYWOOD MT 59254 RALPHHAMLER WILLIAM HARBRECHT KATHYHARRIS PE MADISON COUNTY WESTERN ENERGY COMPANY APCACBOARD MEMBER PO BOX 278 POBOX99 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 SHERIDANWY 82801DAVID HRUBES GENE HUGHES GREG HUGHES EASTERN MONTANA WEST AIR NORWEST INVESTMENT POBOX 36 2430AIRPORT 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 AMANDAJENKINS NORWEST INVESTMENT POBOX 5011 GREAT FALLS MT 59403 TINA JENKINS DEQ AIR QUALITY DIV 1043 COFFEENAVE STE D SHERIDAN WY 82881 DALE J JOHNSON ENVIRONMENTAL HEALTH 4748 RIMROCK RD BILLINGS MT 59106 ROYAL CJOHNSON STATE SENSD 5 2915 ILLINOIS BILLINGS MT 59102 THOMAS KALLENBACH FLUIDYNE INC 533 BLACKWOODRD BOZEMAN MT 59718-7604 PAT KIMMET CENEX PO BOX 909 LAUREL MT 59044-0909 JERRY D

. KNUTSON WEST-TECHSUPPLY &SERVICES PO BOX 80711 BILLINGS MT 59108 LARRY LAKNAR BEAVERHEAD COUNTY SANITARIAN 2 S PACIFICST DILLON MT 59725-2799 TOM JENTZ FLTHD REGIONAL DEV OFC 17 2NDST E STE 211 KALISPELL MT 59901 DEANJOHNSON APCAC BOARD MEMBER BOX 131 GLENDIVE MT 59330 DICK JUNTUNEN RESOURCE MGMT ASSOCIATES 259 MCCLELLANCREEK RD CLANCY MT 59634 JAKE KAMMERER R .S. RAVALLI COUNTY ENV HEALTH 215 S 4THST STE D HAMILTON MT 59840 TOM KIRCHER STILLWATER MINING CO HC54 BOX 365 NYE MT 59061 CHRIS KOLSTAD APCAC BOARD MEMBER HC 74 BOX49 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 FULLERAVE HELENA MT 59601 MICHAEL S KAKUK HOOVESTAL &KAKUKPLLC POBOX 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 NSTE 116 GREAT FALLS MT 59401 LEONARD KUNTZ CIRCLE SINCLAIR SERVICE BOX75 CIRCLE MT 59215 MITCHELL LEU PLUM CREEK - APCAC MEMBER POBOX 160 COLUMBIA FALLS MT 59912 ' ~TCY LINSCOTT LION TECHNOLOGIES INC CHERRY LONEY N___UM

TECHNOLOGIES INC ATTN LIBRARY CASCADE CO HEALTHDEPT POBOX 2730 PO BOX700 115 4THST S MISSOULA MT 59806 LAFAYETTE NJ 07848 GREAT FALLS MT 59401-3618RICHARD 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 APCACBOARD 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 POBOX 1050 771 TOPAZ AVE BOX 1027 EUREKA MT 59917

. BILLINGS MT 59105 POPLAR MT 59255 DON MAY GABRIEL MCAULIFFE BRIANMCHUGH 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 MGROF GOVT &PUBAFFRS 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 BOX99 SIDNEY MT 59270 KALISPELL MT 59901 COLSTRIP MT 59323 TIM MULLIGAN DARREL MYRAN ANNISSA NELSON RISK MANAGEMENT DIV WESTMORELANDRESOURCES INC TANKNOLOGY POBOX 3767 BOX 449 470SCHROCK RD STE L BUTTE MT 59702 HARDIN MT 59034 COLUMBUS OH 43229 ALLENNIPPLE DAVE NOELL ANNO'HAGAN SPRING CREEK COAL CO APCAC BOARDMEMBER WCECINC POBOX67 1318 BABCOCKCIRCLE 1030 SOUTHAVEW DECKER MT 59025-0067 BILLINGS MT 59105 MISSOULA MT 59801 OWEN ORNDORFF JOE O'ROURKE SANDI OLSEN YELP FH STOLTZE LAND & LUMBER DEQ-REMDEADHEAD MAIL 1087 W RIVER ST STE 200 BOX 1429 BOISE ID 83702 COLUMBIA FALLS MT 59912 JIM PARKER DICK PAULSEN MARTINPERGA PPL MT AMERICAN LUNGASSN CENEX LAUREL REFINERY 1 WAREHOUSE RD 825 HELENAAVE POBOX 909 COLSTRIP MT 59323 HELENA MT 59601 LAUREL MT 59044-0909 STEVE PILCHER DANPOWERS DONQUANDER PO BOX 1715 BUTTE/S13 HEALTH DEPT HOLLANDANDHART HELENA MT 59624-1715 25 W FRONT ST 401 N31ST ST STE 1500 BUTTE MT 59701 BILLINGS MT 59101JIM

RAMAKER PO BOX 760 CHOTEAU MT 59422 BEN RANGEL GTF C-CPLANDEPT HOWARD REED PO BOX 5021 DPHHS/FCSS COGSWELL BLDG GREAT FALLS MT 59403 HARRY REUCUREL JEREMY RHODES RANDALL RICHERT BNSF RAILWAY 341ST CES/CEV CONOCO POBOX 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 BISONENGINEERING INC 305 W WATSON ST 311 W MAIN COURTHOUSE 30 S EWING LEWISTOWN MT 59457 BOZEMANMT 59715 HELENA MT 59601 KEVINROBINSON CORRINE A ROSE RS JOE RUSSELL US WEST TETON/PONDEROSA COUNTY FLATHEAD CTY HEALTH DEPT 250 BELL PLAZA#1601 BOX 610 1035 1STAVE W SALT LAKE CITY UT 84111 CHOTEAU MT 59422 KALISPELL MT 59901 PAT SAINDON GERALD SCHLOSSER BRIANSCHOOF PLANNING DIVISION SUPR OF PLANT SERVICES ROSEBUD COUNTY SANITARIAN MT DOT 1101 26TH ST S BOX 388 HELENA-DEADHEAD MT GREAT FALLS MT 59405 FORSYTHMT 59301 CURT SCRIBNER WADE SELLERS YELLOWSTONE ENERGY LTD SUPERIOR ENTERPRISES JANSENSIBAUGH 2215 FRONTAGE RD POBOX 128 DEQ DEADHEAD MAIL BILLINGS MT 59101-7307 SUPERIOR MT 59872 JONSESSO DAVE SIMPSON DENNIS J SNOW RS BUTTE/SILVER BOW PLAN WESTMORELAND RESOURCES DAWSON CITY SANITARIAN CRTHSE 155 W

GRANITE POBOX449 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 DCDC 20037 ALEXANDRIA VA 22314 SANDY STASH FRED STEELE RICK STEFANIC ARCO CSKT TRIBAL HEALTH BUREAU OF INDIANAFFAIRS 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 SACRAMENTOCA 95814 317 ANACONDAAVE POTOMAC MD 20854-2931 BUTTE MT 59701FREDSTIERS TOM STOKES JR STAN STERNBERG CONOCOINC STOKES EXCAVATING INC MT DOT POBOX 30198 BOX372 RTE 3 BILLINGS MT 59107-0198 CONRAD MT 59425 ANDREA STOMBERG MONTANA-DAKOTA UTILITIES 400 N4THST BISMARCK ND 58501 SUPERINTENDENT GLACIER NATIONAL PARK WEST GLACIER MT 59936 LARRYSVOBODA US EPAREGION VIII-8P-AR 999 18TH ST STE 300 DENVER CO 80202-2405 LILA TAYLOR BOX 595 KIRLEY RT BUSBY MT 59016

RAY TILMAN MONTANARESOURCES 600SHIELDS AVE BUTTE MT 59701 DARYL URAN WILLISTONBASIN INST PIPEL PO BOX 131 GLENDIVE MT 59330 GERALDWAGNER BLACKFEETTRIBAL POBOX2029 BROWNING MT 59417 KEVIN K

. WALSH ENVIRONMENTAL CONSULTING 451 FREEDOM

AVE BILLINGS MT 59105 LINDAWIEGERT 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 SHANNONTHERRIAULT PPL MT CITY COUNTY HEALTH DEPT 303 NBROADWAY STE 400 301 W ALDERST BILLINGS MT 59101 MISSOULA MT 59802 STEVE TURKIEWICZ TONY TWEEDALE MONTANAAUTODEALERS ASSN MT-CHEER 501 NSANDERS ST 640 LIVINGSTON AVE HELENA MT 59601 MISSOULA MT 59801-8002 CALLIE VIDETICH STEVE WADE US EPAREGION VIII-8P-AR BROWNING KALECZYCBERRY & 999 18TH ST STE 300 HOVEN DENVER CO 80202-2466 POBOX 1697 HELENA MT 59624 SCOTT WALKER BETSY WAHL YELLOWSTONE CITY .COUNTY EPA-MT OFFICE DEADHEAD MAIL 510NBROADWAY BILLINGS MT 59101 WARDEN CHRISTIANSEN JOHNSON JOHN WARDEL &BERG EPA-MT OFFICE DEADHEAD MAIL PO BOX 3038 KALISPELL MT 59903 STEVE D WRIGHT BOBYUHNKE 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 HEALTHDEPT BOX 466 RED LODGE MT 59068 CENTER FOR ENVIRONMENTAL CENTURY COMPANIES INC FARMERS UNIONOIL CO PO BOX 9375 BOX 739 1000 SMELTERAVE MISSOULA MT 59807-9375 LEWISTOWN MT 59457 BLACKEAGLE MT 59414MONTANAMOTORCARRIERS MONTANAAUDUBON MONTANAPOWERCO 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 MONTANAAVE #200 BILLINGS MT 59101-2336 PACK &COMPANY CONST WIBAUX CO-OP OIL CO POBOX 8150 PO BOX 178 KALISPELL MT 59904-1150 WIBAUX MT 59353

*LAST EDITED BY JANB

# 8P.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. POBox 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 Reviewand call ® Notice enclosed ROther: Enclosure: Notice ofpublic 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 ofpermits, reviewof permit applications, revocation ofpermits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting &Compliance Division " Planning, Prevention & Assistance Division " Remediation DivisionJudy 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 RPer your request 0 Return a conformed copy F] For your information El Review, sign and return 0 For your file F1 Reviewand call ~Notice enclosed 0 Other: Enclosure: Notice of public hearing in the matter of the amendment ofARM 17.8.749, 17.8.759, 17 .8.763 and 17.8.764 pertaining to conditions for issuance or denial ofpermits, review of permit applications, revocation ofpermits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP .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: 0File or record F1 Per your request ~ Return a conformed copy Fj For your information ~ Review, sign and return 0 For your file F-1 Reviewand 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, reviewof permit applications, revocation ofpermits and administrative amendment to permits.

^ ,Air & Waste Management Bureau

Centralized Services Division " Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionJudy 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 ofair quality rules PLEASE: 0 File or record 0 Per your request ~Return a conformed copy 0For your information ~Review, sign and return Fj For your file 0 Reviewand call ® Notice enclosed ~ Other: Enclosure: Notice ofpublic hearing in the matter of the amendment ofARM 17 .8.749, 17.8.759, 17.8.763 and 17.8.764 pertaining to conditions for issuance or denial of permits, reviewof permit applications, revocation ofpermits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation DivisionP.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 ofpermits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionJudy 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 ~Reviewand call ® Notice enclosed ~ Other: Enclosure: Notice ofpublic hearing in the matter of the amendment ofARM 17.8.749, 17.8.759, 17.8.763 and 17.8.764 pertaining to conditions for issuance or denial ofpermits, review of permit applications, revocation ofpermits and administrative amendment to permits.

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention & Assistance Division " Remediation DivisionP.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 0Return a conformed copy ~ For your information 0Review, sign and return 0For your file 0Reviewand 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 ofpermits, reviewof permit applications, revocation ofpermits and administrative amendmentto permits.

, Air &Waste Management Bureau

Centralized Services Division " Enforcement Division " Permitting &Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP.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 ~ Reviewand call ® Notice enclosed ~ Other: Enclosure: Notice ofpublic hearing in the matter of the amendment ofARM 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 DivisionP .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 0Per your request 0 Return a conformed copy ~ For your information 0 Review, sign and return 0For your file Fj Reviewand 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 ofpermits, review of permit applications, revocation ofpermits and administrative amendment to permits.

Jan Bro Air &Waste Management Bureau

Centralized Services Division " Enforcement Division " Permitting & Compliance Division " Planning, Prevention &Assistance Division " Remediation DivisionP.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 ofpublic hearing on proposed amendment of air quality rules PLEASE: 0File or record F]Per your request 0Return a conformed copy ~For your information ~ Review, sign and return 0 For your file 0 Reviewand call ® Notice enclosed n Other: Enclosure: Notice ofpublic 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 ofpermits, 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 DivisionP .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 ofpublic hearing on proposed amendment of air quality rules PLEASE : F] File or record 0 Per your request 0Return 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, reviewof 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 of4

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### 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

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## 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, 1520East (Subdivisions - Minimum SixthAvenue, 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 . Room111 Metcalf 5:00 p.m . ARM

17.8.501, 504, 505, Building, 1520 East etc. (Air Quality - SixthAvenue, 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

. Room111 Metcalf Building, 1520 East 5:00p.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 17.38.602, 603 1 :00p.m . 5:00 p .m . (Public Water and Sewage Building, 1520 East Sixth Avenue, SystemRequirements - July 31, 2003 Helena Montana July 31, 2003 Definitions and , Enforcement Procedures - MARNotice 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 gnifi cant venue, x C July 31 2003 l Mt

H July 31 2003 Quality hanges in Water , e ena, on ana , MARNotice No. 17-192) I Proposed Amendment of 17.38.101, 201A, 202, etc. 10 00 lf

R 111 M (Public Water Stipply and : a.m . etca oom Building, 1520 East 5:00p.m . Wastewater System April 30 Sixth Avenue, Requirements - Ground , 2003 Helena Montana May 8, 2003 Water Under the Direct

, Influence ofSurface 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 5:00p.m . 17.56.1101-1104 

### http://www

.deq.state.mt.us/dir/legal/hearing.asp 6/25/2003

# 10P .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 DivisionARM 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 Divisionmail, 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 andpermit 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 MARNotice No. 17-194 PRIVATE PROPERTY ASSESSMENT ACT CHECKLIST DOES THE PROPOSED AGENCY ACTION HAVE TAKING OR DAMAGING IMPLICATIONS

UNDERTHE PRIVATE PROPERTY ASSESSMENT ACT? YES NO X 1 . Does the action pertain to land or water management or environmental regulation

affecting rivate real prop erty 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 dep

rive the owner of all economically viable uses ofthe p roperty? X 4 . Does the action deny a fundamental attribute ofownership? (Ex. : right to exclude others; right to dispose ofthe property) X 5 . Does the action require a property owner to dedicate a portion ofproperty 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 ofthe p

roperty? X 6 . Does the action have a severe impact on the value ofthe 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 q uestions 7a - 7c.] 7a. Is the im

p act 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 fromthe o

perty in q

uestion? 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 ofthe following questions: 2, 3, 4, 6, 7a, 7b, or 7c; or if NOis checked in response to question 5a or 5b.

# 12

# MONTANAENVIRONMENTAL 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 airquality 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, EPAas 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 ofEnvironmental 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 MARNotice 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 reviewperiod 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 ofpreliminary determinations~ on permits. :We believe that the proposed revisions are in6cessary;'Particularlyfor 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 majorsource 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 reviewtime 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 Voperating 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 CFRpart 63 in ARM 17.8.302 and 342, and 40 CFRpart 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, reviewand 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 reviewperiod 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 followthe 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

# 131

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 I1

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 21

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 31

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 4TRANSCRIPT 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) 443-2010TRANSCRIPT 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 Room111 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 ofthe amendment of 12 ARM

17.8 .749, 759, 763 and 764 pertaining to 13 conditions for issuance or denial ofpermits, 14 reviewofpermit applications, revocation of 15 permits, andadministrative 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 whohas not received a copy. Anyone who wants to 23 make astatement or submit written materials at 24 this hearingshould fill out a notice formand 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 EQCwelcome 5 coinments and invite members ofthe public to appear 6 before themor 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. Aperson 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 ofpersons 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 interimcommittees and the Environmental Quality 9 Council, EQC

. These interimcommittees 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 EQChas those functions 15 for the Department of Environmental Quality and for 16 the Board of Environmental Review . These interim 17 committees and the EQChave the authority to make 18 recommendations to an agency regarding the 19 adoption, amendment or repeal ofa 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 ofthe 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 themof 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 ofthis 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 Room111 13 of the Metcalf Building, a public hearing would be 14 held to consider the proposed amendments I 15 described at the beginning ofthe 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 hearingshould be addressed to me or to the Board 23 anddelivered to the Board's secretary at the 24 MetcalfBuilding, 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 &WALSTADCOURT REPORTING

(406) 443-2010TRANSCRIPT 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 of Ce't-oup-,j , , 2003 .

SHERRON K. WALSTAD Court Reporter-Notary Public My Commission Expires 11/1/06

LESOFSKI &WALSTADCOURT REPORTING

(406) 443-2010TRANSCRIPT 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

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: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

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: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 C2 :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

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(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 SIXTHAVENUE, 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 . CONTESTEDCASE 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 TomBowe 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 ofthe schedule in order to allowfor 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 Reviewof 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 reviewat 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 reviewwill include DEQ's budget request for the 2005 bienniumand how the request will affect those fees. 3. Upper Blackfoot Mining Complex Temporary Water Quality Standards -At the Board's request, DEQwill 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 ofrulemaking. 5. The EPA has completed its reviewof 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 flowbased nondegradation reviewand permitting. Wyoming has expressed some concern to EPA regarding how these standards could affect its CBM

permitting. III . ACTIONAGENDA 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 TomBowe conducted the public hearing on July 31, 2003. No public comments were received. DEQrecomrnends adoption of the rule amendments. 2. In the matter of the amendment of ARM17.30.716 to revise nonsignificant categories for subdivisions . Presiding Officer TomBowe 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 ARM17.8.501, 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 TomBowe 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 TomBowe conducted the public hearing on July 30, 2003. Written comments were received fromthe United States EPA Region 8 and the Montana Environmental Information Center. DEQ recommends adoption ofthe rule amendments as proposed. B. INITIATION OF RULEMAKINGANDAPPOINTMENT 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 newrule 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 (ARM17.8.1213) 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 ONAPPEALS: 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 ofthe 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 reviewby 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 TomBowe 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 ViewEstates, Flathead . County, under Mont. Code Ann. §76-4-108 (EQ #01-1095) (BER 2003-05 SUB) . On February 20, 2003, DEQrevoked 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 .TomBowe denying the motion of Crystal ViewEstates to add Flathead County and the Flathead City-County Public Health -Department as parties. DEQfiled a motion for summary judgment and Crystal ViewEstates 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 ViewEstates 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 TomBowe issued an order suspending de,adlines because the parties were working on a settlement. IV . GENERAL PUBLIC COMMENT Under this item, members ofthe public may comment on any public matter within thejurisdiction 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

# 151

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 761 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 771 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 781 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 ofthe notice of public hearing in the following matter was mailed to each ofthe 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 ofpermits, review of permit applications, revocation ofpermits and administrative amendment to permits. (2) the inclusion of the proposed amendment into the Montana State Implementation Plan.

` Barb Williams, Supervisor AWMB Administrative SupportP.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 airquality 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 ARM17.8.1213, pertaining to requirements for air quality operating permit content relating to compliance. (2) Notice of adoption of the amendment of ARM17.8.501, 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 ofpermits 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 19-10/16/03source 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 .

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. CHIP BREMER .-CITE PO BOX 12763 RTPNC 27709

LEE BRUNER PO BOX2000 BUTTE MT 59702 JIM CARLSON MISSOULA CITY-COHEALTH 301 W ALDER MISSOULA MT 59802-4123 BRIANKCLIFTON M .S. R .S. CITY-COUNTY HEALTH DEPT 115 4THST SOUTH GREAT FALLS MT 59405 BILL COURTNEY QUANECOLLC PO BOX7370 SHERIDAN WY 82801 JEFF BRIGGS . SMURFIT-STONE CONTAINERCORP PO BOX 4707 MISSOULA MT 59806 WANDA BURGET POWDER RIVER COAL CO CALLER BOX 3034 GILLETTE WY 82717 CARL CHRISTENSEN PUBLIC UTILITIES DEPT POBOX 30958 BILLINGS MT 59111-0958 DALE COCKRELL CHRISTENSENMOORE COCKRELL CUMMINGS &AXELBERG PC PO BOX 7370 KALISPELL MT 59904-0370 FRANK CROWLEY POWERBLOCKBLDG STE 300 HELENA MT 59624-1185 TIM BLUME US ARMY ENVIRONMENTAL CTR 729-19TH ST 4THFLR RM 427 DENVERCO 80202-2500 TIM BOZORTH BLM PO BOX 36800 BILLINGS MT 59107 MARK BROOK - MORRISON-MAIERLE INC 910 HELENA AVE PO BOX6147 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 DANCORTI UOF M ENVIRONMENTAL HEALTH BLDG 32 MS 9144 MISSOULA MT 59812 CROWLEY HAUGHEY HANSON TOOLE ANDDIETRICH PLLP POBOX 797 HELENA MT 59624-0797 D~ } DAVISON DONDAY BARB DOWSKI KNIFE RIVER COAL MINING STIMSON LUMBER CO REG . EH &S MANAGER, QWEST EH & 1915 NKAVANEY DR 875 HWY2 S S BISMARCK ND 58501 LIBBY MT 59923 1855 S FLATIRON COURT BOULDERCO 80301RALPH DRIEAR VICTOR M DUGAN HYDROMETRICS INC EXXONMOBIL 1116 HELENA FLATS RD PO BOX2180 CORP-KT-1265 KALISPELL MT 59901 HOUSTONTX 77252-2180 JOHN W DUNCAN RR#1 PO BOX 33 JOPLIN MT 59531 LINDAJ DWORAK DVM NATHANEKLUND ENERGY & ENV MEASUREMENT APCAC BOARD MEMBER SUMMIT ENVIROSOLUTIONS INC CORP POBOX 1663 1217 BANDANA BLVD 1744 MULLOWNEY LN HAMILTON MT 59840 ST PAUL MN 55108 BILLINGS MT 59101 ELLENENGSTEDT LA ERICKSON MONTANAWOOD PRODUCTS ASARCOTROY 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 DFOOTE HAYS LODGE POLE SCHOOLS LUZENACAMERICA EXXON MOBIL CORP BOX 110 767 OLD YELLOWSTONE TR 607 EXXONRD 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 SKYMINING CO 124 1STAVE S STE 17 CLERK/TREASURER PO BOX 97 GREAT FALLS MT 59401 PO BOX659 COLSTRIP MT 59323 BROADUS MT 59317 JOHN GERHART PO BOX 283 BELT MT 59412 ALAN GLUECKERT ALEXANDRA GORMAN MILES CITY LAUNDRY WOMEN'S VOICES FORTHE 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 CONTAINERCORP SHERIDAN MEMORIAL HOSPITAL PO BOX4707 PO BOX4707 440W LAUREL AVE MISSOULA MT 59806 MISSOULA MT 59806 PLENTYWOODMT 59254 RALPH HAMLER , WILLIAM HARBRECHT KATHY HARRIS PE MADISONCOUNTY 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 LYNNHILL 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 GREGHUGHES WEST AIR NORWEST INVESTMENT 2430 AIRPORT RD MGMT TRUST HELENA MT 59601 PO BOX 5011 " GREAT FALLS MT 59403JIM

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 STEA 903 S 4THST HELENA MT 59601 HAMILTON MT 59840 AMANDA JENKINS NORWEST INVESTMENT MGMT TRUST POBOX 5011 GREAT FALLS MT 59403 TINAJENKINS DEQ AIR QUALITY DIV 1043 COFFEENAVE STE D SHERIDAN WY 82881 BRUCEJOHNSON SUMMIT ENVIROSOLUTIONS INC 1217 BANDANA BLVD ST PAUL MN 55108 DALE J JOHNSON ENVIRONMENTAL HEALTH TECHINC 4748 RIMROCK RD BILLINGS MT 59106 DICKJUNTUNEN RESOURCE MGMT ASSOCIATES 259 MCCLELLAN CREEK RD CLANCY MT 59634 JAKE KAMMERER R .S. RAVALLI COUNTY ENVHEALTH 215 S 4THST STE D HAMILTON MT 59840 TOM KIRCHER STILLWATER MINING CO HC54 BOX 365 NYE MT 59061 LARRY LAKNAR BEAVERHEAD COUNTY SANITARIAN 2 S PACIFICST DILLON MT 59725-2799 LION TECHNOLOGIES INC ATTNLIBRARY PO BOX 700 LAFAYETTE NJ 07848 LOUISE LORD 31 LAURIN LOOP SHERIDAN MT 59749 DEANJOHNSON 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-TECHSUPPLY &SERVICES PO BOX 80711 BILLINGS MT 59108 CATHY LAUGHNER BROWNING KALECZYC BERRY &HOVEN PC PO BOX 1697 HELENA MT 59624 CHERRY LONEY CASCADE CO HEALTHDEPT 1154THSTS GREAT FALLS MT 59401-3618 DIANE LORENZEN APCACBOARD MEMBER 11 FRIENDSHIP IN STE 102 MONTANA CITY MT 59634 RILEY JOHNSON NFIB 330 FULLER AVE HELENA MT 59601 THOMAS KALLENBACH FLUIDYNE INC 533 BLACKWOODRD BOZEMANMT 59718-7604 PATKL?vIIVIET CI ;NEX PO BOX 909 LAUREL MT 59044-0909 CHRIS KOLSTAD APCAC BOARDMEMBER HC 74 BOX49 LEDGER MT 59456 MITCHELL LEU PLUM CREEK - APCACMEMBER PO BOX 160 COLUMBIA FALLS MT 59912 RICHARD LONG US EPAREGIONVIII-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 APCACBOARD MEMBER FORT PECKTRIBES MAXIM TECHNOLOGIES INC 771 TOPAZ AVE BOX 1027 PO BOX2730 BILLINGS MT 59105 POPLAR MT 59255 MISSOULA MT 59801GABRIEL MCAULIFFE BRIANMCHUGH 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 SACRAMENTOCA 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

ASSNOF MTN STS 518 17TH ST STE 620 DENVER CO 80202 WALTER L MCNUTT AG EQUIPMENT SALES STATE SENATOR 110 12THAVE SW SIDNEY MT 59270 ARNIE AMOHL A-1 PAVING 3131 HWY 2 E KALISPELL MT 59901 BOB MONTGOMERY WESTERN ENERGY CO PO BOX99 COLSTRIP MT 59323 DARREL MYRAN ANNISSANELSON WESTMORELAND RESOURCES INC TANKNOLOGY BOX 449 470SCHROCK RD STE L HARDIN MT 59034 COLUMBUS OH 43229 DAVE NOELI . APCACBOARDMEMBER 1318 BABCOCK CIRCLE BILLINGS MT 59105 ANNO'HAGAN WCEC INC 1030 SOUTHAVE W MISSOULA MT 59801 OWEN ORNDORFF YELP 1087 W RIVERST STE 200 BOISE ID 83702 DICK PAULSEN AMERICANLUNGASSN 825 HELENA AVE HELENA MT 59601 DANPOWERS BUTTE/SB HEALTH DEPT 25 W FRONT ST BUTTE MT 59701 BEN RANGEL GTF C-C PLAN DEPT PO BOX5021 GREAT FALLS MT 59403 JOE O'ROURKE FH STOLTZE LAND & LUMBER BOX 1429 COLUMBIAFALLS MT 59912 MARTIN PERGA CENEX LAUREL REFINERY PO BOX 909 LAUREL MT 59044-0909 DONQUANDER HOLLANDANDHART 401 N31 ST ST STE 1500 BILLINGS MT 59101 HOWARDREID 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-REMDEADHEADMAIL

JIM PARKER PPL MT POBOX38 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 BOZEMANMT 59715HAL ROBBINS CORRINE AROSE 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 PLANTSERVICES 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 JONSESSO 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 BISONENGINEERINGINC 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 ANACONDAAVE ALEXANDRIA VA 22314 BUTTE MT 59701 RICK STEFANIC JACQUELINE STEPHAN BUREAU OF INDIAN AFFAIRS INFORMATIONRESOURCES INC 316 N 26TH ST 1201 SEVEN LOCKS RD STE 300 BILLINGS MT 59101 POTOMAC MD 20854-2931 SAM STEPHENSON ARCO 317 ANACONDAAVE BUTTE MT 59701 STAN STERNBERG MT DOT ENVIRONMENTAL DEADHEAD MAIL

ANDREA STOMBERG MONTANA-DAKOTA UTILITIES 400N 4THST BISMARCK ND 58501 SUPERINTENDENT GLACIER NATIONAL PARK WEST GLACIERMT 59936 JOE RUSSELL FLATHEAD CTY HEALTHDEPT 1035 1ST AVE W KALISPELL MT 59901 BRIAN SCHOOF ROSEBUD COUNTY SANITARIAN BOX 388 FORSYTH MT 59301

JANSENSIBAUGH DEQ DEADHEADMAIL

PETE SIMONICH COLSTRIP STEAM

ELECTRIC STATION PO BOX 38 COLSTRIP MT 59323 PATRICIASPENCER 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 STEPHENBLANKENSHIP FORD 925 L ST STE 390 SACRAMENTOCA 95814 FRED STIERS CONOCOINC PO BOX 30198 BILLINGS MT 59107-0198 LARRYSVOBODA US EPAREGIONVIII-8P-AR 999 18TH ST STE 300 DENVER CO 80202-2405

LILATAYLOR SHANNONTHERRIAULT RAY TILMAN BOX 595 KIRLEY RT CITY COUNTY HEALTHDEPT MONTANARESOURCES BUSBY MT 59016 301 W ALDERST (MT MININGASSOC) MISSOULA MT 59802 600 SHIELDS AVE BUTTE MT 59701STEVE TURKIEWICZ BARRI TWARDOSKI TONY TWEEDALE MONTANAAUTODEALERS ASSN MAXIM TECHNOLOGIES INC MT-CHEER 501 NSANDERS ST PO BOX 2730 640 LIVINGSTON AVE HELENA MT 59601 MISSOULA MT 59806 MISSOULA MT 59801-8002 DARYL URAN WILLISTON BASIN INST PIPEL POBOX 131 GLENDIVE MT 59330 CALLIE VIDETICH US EPA REGION VIII-8P-AR 999 18THST STE 300 DENVER CO 80202-2466 STEVE WADE BROWNING KALECZYCBERRY & HOVEN PO BOX 1697 HELENA MT 59624 GERALD WAGNER BLACKFEETTRIBAL ENVIRONMENTAL OFFICE PO BOX 2029 BROWNING MT 59417 KEVIN K

. WALSH ENVIRONMENTAL CONSULTING SERVICES LLP 451 FREEDOM

AVE BILLINGS MT 59105 STEVE DWR?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 LEWISTOWNMT 59457

MONTANAAUDUBON PO BOX595 HELENA MT 59624 BETSY WAHL EPA-MT OFFICE DEADHEAD MAIL

JOHN WARDEL EPA-MT OFFICE DEADHEAD MAIL

BOB " ENVIRONMENTAL DEFENSE FUND 2910 BCOUNTY RD 67 BOULDER CO 80302 CARBON COUNTY HEALTH DEPT SANITARIAN BOX466 RED LODGE MT 59068 FARMERS UNIONOIL CO 1000 SMELTERAVE BLACK EAGLE MT 59414

MONTANA POWERCO PO BOX38 COLSTRIP MT 59323 SCOTT WALKER YELLOWSTONE CITY COUNTY PLANNING 510 NBROADWAY BILLINGS MT 59101 LINDAWIEGERT MERIDIAN OIL INC 801 CHERRY ST STE 700 FORT WORTH

TX 76102 JIM 7 .ABROCKI . . CUSTERCOUNTY SANITARIAN'S ` OFFICE COURTHOUSE MILES CITY MT 59301 CENTER FORENVIRONMENTAL POLITICS INC PO BOX 9375 MISSOULA MT 59807-9375 MONTANA MOTORCARRIERS 501 N . SANDERS ST #201 HELENA MT 59601-4552 NORTHERNPLAINS RESOURCE COUNCIL 2401 MONTANAAVE #200 BILLINGS MT 59101-2336 PACK &COMPANYCONST WIBAUX CO-OP OIL CO *LAST EDITED BY JANB PO BOX 8150 PO BOX 178 KALISPELL MT 59904-1150 WIBAUX MT 59353 10/9/2003

# 17

### Montana DEQ - Legal Unit - Adopted Rule Notices

DEQ Home Divisions Public Interest Contacts Search October ' Montana Home 

### 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 pdffiles . 

## 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 ofAmendment of ARM 17.8.749, 759, etc. (Air Quality - MARNotice No. 17-194) ' Notice ofAmendment ofARM 17.8.501, 504, etc. (Air QualityMARNotice No. 17-193) Notice ofAmendment ofARM 17.30.716 .(Water Quality - MAR Notice No. 17-192) Notice of Amendment ofARM 17.38.602, 603 (Public Water and Sewage System

Requirements - MARNotice No. 17-191) Notice of Amendment ofARM 17.36.340 (Subdivisions - MAR Notice No

. 17-195) Corrected Notice of Amendment andAdoption ofARM 17.38.101, 201A, 202, 203, etc. (Public Water Supply and Wastewater Systems Requirements - MARNotice No. 17-190) Notice ofAmendment andAdoption ofARM 17.38.101, 201A, 202, 203, etc. (Public Water Supply and Wastewater Systems Requirements - MARNotice No. 17-190) Notice ofAdoption of 17.30.616 and 17.30.658 and amendment of 17.30 .706 Water uali - Standards for Electrical Conductivity and SodiumAdsorption Ratio- (Am ended Notice of 17-171 - MARNotice No

. 17-187 ) Notice ofAmendment ofARM 17.56.101, 102, etc. and Repeal of 17.56.103, 1101-1104 (UnderQround Storage Tanks - MARNotice No. 17-189) Notice of Adoption andAmendment of New Rule IV and Amendment of 17.30.602 (Water Quality - Standards for Electrical Conductivity and SodiumAdsorption Ratio- (Amended Notice of 17-171 - MARNotice No. 17-187) Corrected Notice of Amendment ofARM 17.30.1301, 1303, etc., February 14, 2003 Repeal of ARM 17.30.1332 (Water Quality - Montana Pollutant Discharge Elimination SystemPermits - MARNotice 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 - MARNotice No

. 17-188) Amendment ofARM

17.40.301, 302, etc. (Water Pollution Control State Revolving Fund - MARNotice 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 19-10/15/03source 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