### OFFICE OF THE GOVERNOR STATE OF MONTANA BRIAN SCHWEITZER GOVERNOR



### June 26, 2006 Robert E. Roberts Regional Administrator USEPA, Region 8 999 18th Street, Suite 500 Denver, Colorado 80202-2466 Dear Mr. Roberts: Montana is submitting revisions to the Lincoln County Air Pollution Control Programfor inclusion into the SIP. The Board of Environmental Reviewapproved the revisions on March 23, 2006. The revised Lincoln county regulations focus on woodstove emissions, road dust, and outdoor burning emissions. This submission contains two copies of the Records of Adoption as required by 40 CFR Part 51, Appendix V. Also enclosed are two copies of SIP narrative replacement pages. If you have any questions concerning the contents of this submission, please direct themto Debra Wolfe, Montana Department of Environmental Quality at (406) 444-7916. 

### Sincerely,

SCHWEITZE JOHN BOHLINGER LT. GOVERNOR



### Governor Enc.

STATE CAPITOL * P .O. BOX 200801 * HELENA, MONTANA 59620-0801

TELEPHONE: 406-444-3111 " FAX : 406-444-5529 " WESSITE: WWW .MT .GOV 

# USEPARASOFFIICE 

# 'E)10 JUL 07 1065

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN 27.1 .1 Table of Contents 27.1 INTRODUCTION 27.1 .1 27.1 .2 27.1 .3 27.1 .4 Table of Contents

List of Figures List of Tables Subject: Lincoln County Air Pollution Control Program

List of Abbreviations 27.2 LEGAL AUTHORITY 27.2.1 27.2.2 27.2.3 27.2.4 27.2.5 27.2.6 October 1991 Stipulation between the Department of Health

and Environmental Sciences, the Lincoln County Commission, and the Libby City Council . November 1991 Board of Health and Environmental Sciences Findings of Fact, Conclusions, and Order. Assistant Attorney General's Opinion: Local Air Pollution Control Programs. March 1991 Stipulation between the Department of Health and Environmental Sciences, the Lincoln CountyCommission, and the Libby City Council . March 1993 Board of Health and Environmental Sciences Findings of Fact, Conclusions, and Order. December 16, 1994 Board of Health and Environmental Sciences Findings of Fact, Conclusions, and Order Adopting Libby Contingency Measures. Replaces Page: 27.1 .1 (1) Dated: February 1, 1996 March 23, 2006 Page: 1 of 4 Page 27.1 .1 (1)

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Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN

27.2.6.1

27.2.6.2

27.3 27.2.7

27.2.8 Subject : Lincoln County Air Pollution Control Program

December 16, 1994 Board of Health and Environmental Sciences Findings of Fact, Conclusions, and Order Adopting a Stipulation Between the Department of Health and Environmental Sciences and the Stimson Lumber Company. December 16, 1994 Stipulation between the Department of Health and Environmental Sciences and the Stimson Lumber Company. February 1, 1996 Board of Environmental Review Findings of Fact, Conclusions, and Order Adopting an Amendment to the County Air Pollution Control Program to Include the State Open Burning Regulations. March 23, 2006 Board of Environmental ReviewFindings of Fact, Conclusions, and Order Adopting an Amendment to the County Air Pollution Control Program to Include the State Open Burning Regulations. RESOURCES 27.4 PROCEDURES FOR ADOPTING LOCAL REGULATIONS AND SIP CHANGES 27.5 REPORTING AND TRACKING 27.6 AREA DESIGNATION 27.6.1 Designations Replaces Page: 27.1 .1 (2) Dated: February 1, 1996 March 23, 2006 Page: 2 of 4 Page 27.1 .1 (2)

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Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program 27.7 AMBIENT MONITORING 27.8 EMISSION MONITORING 27.9 AIR POLLUTION CONTROL PROVISIONS 27.9.1 Local Regulations 27.10 LIBBY AND VICINITY PM-10 CONTROL PLAN 27.10.1 Area Description 27.10.2 Air Quality Monitoring 27.10.3 Chemical Mass Balance Study (CMB) 27.10.4 Optical Microscopy Study 27.10.5 Libby Base Year PM-10 Emission Inventory 27.10.6 Dispersion Modeling 27.10.7 Comparison of Source Apportionment Studies for Libby 27.10.8 Design Concentration 27.10.9 Historical Controls 27.10.10 Control Strategies 27.10.10.1 Residential Wood Combustion Detailed Control

Efficiency Demonstration Replaces Page: 27.1 .1 (3) Dated: February 1, 1996 March 23, 2006 Page: 3 of 4 Page 27.1 .1 (3)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program 27.10.10.2 Re-entrained Road Dust Detailed Control Efficiency

Demonstration 27.10.10.3 Prescribed Burning Control Efficiency Annual

Demonstration 27.10.10.4 Champion International Control Efficiency

Demonstration 27.10.10.5 Federal Tailpipe Standards Control Efficiency

Demonstration 27.10.11 ReasonablyAvailable Control Technology/Measures Analysis

(RACT/RACM) 27.10.12 Enforceability 27.10.13 Alternatives Considered 27.10.14 Contingency Plans and Control Effectiveness Evaluation 27.10.15 Demonstration of Attainment and Maintenance 27.10.15.1 Background 27.10.15.2 24-Hour Demonstration of Attainment and

Maintenance 27.10.15.3 Annual Demonstration of Attainment and

Maintenance 27.10.16 Reasonable Further Progress 27.10.18 PM-10 SIP Commitments Replaces Page: 27.1 .1 (4) Dated: February 1, 1996 March 23, 2006 Page: 4 of 4 Page 27.1 .1 (4)

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Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN

) ) ) ) BEFORE THE BOARDOF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA In the Matter of the Application of ) Lincoln County for Approval ofAmendments to Its Local Air Pollution Control Program

.

1 . 

### Subject: Lincoln County Air Pollution Control Program

MEMORANDUM ANDORDER

MEMORANDUM LincolnCounty (the County) has filedan application with the Boardof Envirornnental Review (Board) seeking approval of amendments to the County's local air pollution control program . The Board conducteda public hearing to consider the County's applicationat the Board's public meeting on March23, 2005, in Helena, Montana. 2 . The County operates a local air pollutioncontrol program approved by the Board. The program was first approved by the Board's predecessor, the Montana Boardof Health and Environmental Sciences (BHES), on November 15, 1991 . Revisions to the program have been approved over the years by BHES and the Board, with the most recent revisions being approved by the Board on February 1, 1996.

3 . 4 . Theprogram

is known as the LincolnCounty Air Pollution Control Program(the Program) . Except as otherwise specified in the Program, the Programencompasses the Air Pollution Control District, as defined in the Program, includingthe City ofLibby and surrounding area. 5. The County seeks approval of amendments to the Program . Acopy of the Program regulations is attached to this Order as Exhibit A . 

### Replaces Pages: Dated: March 23, 2006 Page: 1 of 7 Page 27.2.8 (1)

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Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program

6 . The amendments include: (a) Changes in general structure, including rearrangement of subchapters and paragraphs within subchapters, grammatical revisions, andupdates to references for internal and external citations.

(b) Revisions to General Provisions in Subchapter 1 including the revision ofintent, scope, contingency measures, enforceability, and conflict ofordinanceprovisions. (c) Revision ofdefinitions in Subchapter 1 . (d) Revisions to Solid Fuel BurningDevice Regulations in Subchapter 2, including revisions in intent, scope, and effective date provisions; revisions to definitions; revisions to require permits forwoodstoves meeting certainemission limits andto prohibit installation and operation of woodstoves that exceed certain emission limits ; revisions to air pollution alert ambientlevels and restrictions to woodstove operation during an air pollution alert; revisions to increase penalty assessments; revisions to restrict woodstove burning to pellet devices as the contingency measure. (e) Revisions to Dust Control Regulations in Subchapter 3, includingrevisions in intent; revisions to scope and effective date provisions; revisions to definitions, revisions to require the exclusive use ofde-icer and to restrict sanding to emergency situations; revisions to require the use of reasonably available control technology in removing carry-on or other road accumulations to minimize fugitive dust fromroads; revisions to require owners of commercial lots to clean approaches to roads; revisions to require testing of applied road materials; revisions to require a systemofstreet sweeping; revisions to enlarge the Regulated Road Sanding and Sweeping District to encompass the Air Pollution Control District as a contingency measure. 

### Replaces Pages: J Dated: March 23, 2006 Page: 2of 7 Page 27.2.8 (2)

### Volume III

Chapter 27 STATE OF MONTANA Subject : Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program (f) Revisions to Outdoor Burning Regulations in Subchapter 4, including revisions in intent, revisions to scope and effective date provisions; revisions to prohibit burning certain materials; revisions to restrict periods when outdoor burning is allowed; revisions to eliminate trade waste and Christmas tree burning; revisions to provisions forfirefighter training burning, commercial filmproduction burning, fuel hazard reduction burning, andlicensed landfill burning ; revisions to create provisions for management burning and permits for residential burning; revisions to the defined geographic areas andtime periods subject to regulation; and revisions to general compliance and permitting requirements .

7. After publishing notice to thepublic, and after public hearing, the Lincoln County Commissioners and Libby City Council approved the Program amendments on February 27, 2006. 8 . Under Section 7-5-105, MCA, the local ordinances approving the Program amendments become effective 30days after second and final adoption. 9 . The Program, as proposed to be amended, wouldprovide for requirements compatible with those imposed by the Clean AirAct ofMontana and rules adoptedunder that act.

10. The proposed amendments would make the Program more stringentthan comparable state or federal airquality regulations or guidelines in the following respects: Provisions in Programrules under Subchapter 4 regarding outdoor burning regulations contain more restrictions forconducting outdoor burning activities than comparable state rules.

11 . The Lincoln County Commission and LibbyCity Council provided the opportunityfor public comment, held a hearing, and made a written finding, after thehearing and connnent period, that Subchapter 4 provisions for outdoor burningprotect public health or the 

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Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program

environment ofthe area, can mitigate harm to the public health or the environment, and are achievable with current technology. Thewritten finding referenced peer-reviewed scientific studies supporting the findings and astatement regarding costs to the regulated community. The finding was included as part of the public hearing record.

12. The Program, as proposed to be amended, wouldprovide for enforcement of its requirements by appropriate administrative andjudicial processes.

13. The Program, as proposed to be amended, wouldprovide for administrative organization, staff, financial resources, and other resources necessaryto effectively and efficiently carry outthe Program . 14. Implementation of the Program, as proposed to be amended, is not intended in anyway to interfere with retentionofjurisdiction by the Montana Department ofEnvironmental Qualityover those emission sources and activities not expresslysubject to Countyjurisdiction.

15. Under Section 75-2-301(1), MCA, a municipality or county may establish and administer a local air pollution control programiftheprogram is consistent with the CleanAirActof Montana and is approved by the Board.

16. Under Section 75-2-301(1) and (2), MCA, ifa local air pollution control program proposed by a countywould encompass all or part of amunicipality, the county and each municipality must approve the program after apublic hearing. 17. Under Section 75-2-301(3)(a), the Board, by order, may approve a local air pollution control program that: (a) provides by ordinance or local law for requirements compatible with, more stringentthan, or more extensive than those imposed by Sections 75-2-203, 75-2-204, 75-2-211, 75-2-212, 75-2-215, 75-2-217 through75-2-219, and 75-2-402, MCA, and rules adoptedunder those sections; 

### Replaces Pages: Dated: March 23, 2006 Page: 4 of 7 Page 27.2.8 (4)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program (b) provides forenforcement ofrequirements by appropriate administrative andjudicial processes; and

(c) provides foradministrative organization, staff, financial resources, and other resources necessaryto effectively and efficiently carry out the program . 18. The Program satisfies the requirements for Board approval set forth in Section 75-2-301(3)(a), MCA

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

rule, ordinance, or local law that is more stringent than comparable state or federal regulations or guidelines only if. (a) (b) (c) a public hearing is held; public conunent is allowed; and the Board or local air pollutioncontrol program makes a writtenfindingafter the public hearing andcomment period that is based on evidence in the record that the proposed local standard or requirement :

(i) protects public health or the environment of the area; (ii) can mitigate harm to thepublic health or the environment; and (iii) is achievable with current technology. 20 . Under Section 75-2-301(4)(b), MCA, thewrittenfinding required under Section 75-2- 301(4)(a), MCA, must reference information and peer-reviewedscientific studies containedin therecord that form thebasis for the Board's or the local air pollutioncontrol program's conclusion. The written finding must also include informationfromthe hearing record regarding costs to the regulated community that are directly attributable to the proposed local standard or requirement . 

### Replaces Pages: Dated: March 23, 2006 Page: 5 of 7 Page 27.2.8 (5)

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Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program

21 . The written finding of the LincolnCounty Commission and Libby City Council satisfies the requirements of Section 75-2-301(4), MCA . 22. Adequate notice to the public and the opportunity for public participation has been provided in accordance withTitle 2, chapter 3, part 1, MCA . 23. Pursuant to Section 75-2-301(13)(b), MCA, at least 30days prior to adoption ofthe Program amendments the County and the City of Libby gave writtenpublic notice oftheir intended action, and the notices mettherequirements ofSection 75-2-301(13)(c), MCA . 24. Pursuant to Section 75-2-301(13)(e), MCA, at least 30 days priorto adoption of the Program amendments, copies of the proposed Program amendments were mailed to all persons on the interested persons list maintained by the County under Section 75-2-301(13)(a), MCA . 25. Pursuant to Section 75-2-301(13)(g), MCA, the County preparedwritten responses to all comments submitted in writing or presented at the local public hearings on the proposed Program amendments. 26. The Countywill inform all persons who submitted writtencomments or attended the local public hearings of the final action on the proposed Programamendments. ORDER 1 . The Boardhereby approves amendment of the LincolnCountyAir PollutionControl Program, as set forthin Exhibit A, contingent and effective upon expiration of the 30-day period foreach local ordinance to become effective, as provided underSection 7-5-105, MCA .



### Replaces Pages: Dated: March 23, 2006 Page: 6 of 7 Page 27.2.8 (6)

### Volume III

Chapter 27 

### STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN

3 4~I

6 1 8 9 l0~

DATEDCnis .C 3 dayof ~~~LH ., . , 2006. Program

. 

### Subject : Lincoln County Air Pollution Control Program

2. Withinten (10) calendar days after expiration of the 30-dav deiaved effect" e period required 1.tnder Section 7-5-1Of . idCA . the ChiefExecutice Officer ofthe Lincoln CountyHealt .h Department . or hisiher tepresentative, shall notify the Board ofthe starus ef local approval ofthe Programamendments and shall submit documentation that -the Program amendments have become effective on the local level . The Secretary ofthe Board shall attach that docwnentation to the original ofthis Order and shall provide a copy of rhe Order with the documentation of local approval to the Department of Environmental Quality s Air Resources Management Bureau County Air Pollution Control ProgramCoordinator. 3. The County shall informalt persons who submitted written comments or attended the local public hearings ofthe final action on the proposed Programamendments. 4 . The Department shall retain control over anyairpollutant sources regulated under the CleanAirAct ofytontsna that are nor covered bythe Lincoln County Air Pollution Control



### Replaces Pages:

18 19 20 21 22

23 2<I bLEMORA

.YDUyI .CND ORDER PAGE 7 JOu' H W .'12liSSELL, M

.P. 9sirperon



### Dated: March 23, 2006 Page: 7 of 7 Page 27.2.8 (7)

### Volume III

Chapter 27 STATE OF MONTANA Subject : Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program 27.9.1 Local Regulations

The implementation, administration, and enforcement of the following local regulations constitute the Lincoln County Air Pollution Control Program .

Replaces Pages: 27.9.1 (1) 1 Dated: February 1, 1996 March 23, 2006 Page: 1 of 18 Page 27.9.1 (1)

### Volume III

Chapter 27 STATE OF MONTANA Subject : Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program

HEALTHAND ENVIRONMENT REGULATIONS CHAPTER 1 : Control ofAir Pollution Subchapter 1 : General Provisions (Revised 27 February 2006) 75.1 .101 INTENT: The purpose of this chapter is to achieve and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, and facilitate the enjoyment of the natural attractions of Lincoln County. 75.1 .102: SCOPE: Unless otherwise indicated, the rules of Chapter 1 applyto activities and sources within the Air Pollution Control District. 75.1 .103 DEFINITIONS: As used in this chapter, unless indicated otherwise, the following definitions apply: (1) "Air Contaminant" means dust, ash, fumes, gas, mist, smoke, vapor or any particulate matter or a combination thereof present in the outdoor atmosphere. (2) "Air Pollution Control District" means the geographical area designated on the attached map and as defined by the following Universal Transverse Mercator (UTM) coordinates: Begin, 600000mE, 5370000mN; east to 620000mE, 5370000mN; south to 620000mE, 5340000mN; west to 600000mE, 5340000mN; north to 600000mE, 5370000mN. (3) "Department" means the Lincoln County Environmental Health Department. (4) "DEQ" means the Montana Department of Environmental Quality. (5) "Emission" means a release into the outdoor atmosphere of an air contaminant . (6) "EPA" means the US Environmental Protection Agency. (7) "MAAQS" means Montana Ambient Air Quality Standards . (8) "NAAQS" means National Ambient Air Quality Standards. (9) "Person" means an individual, a partnership, a firm, an association, a municipality, a public or private corporation, the state or a subdivision or agency of the state, a trust, an estate, an interstate body, the federal government or an agency of the federal government, or any other legal entity and includes persons resident in Canada. (10) "PM

10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers. (11) "PM2.5" means particulate matter with an aerodynamic diameter of less than or equal,to a nominal 2

.5 micrometers. 

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### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program 75.1 .104 SELECTION & IMPLEMENTATION OF CONTINGENCY MEASURE PROGRAMS: (1) Upon notification by DEQor EPA that the Air Pollution Control District has failed to attain NAAQS/MAAQS or make reasonable further progress in reducing emissions, the Department shall determine the source(s) contributing to the violation and designate the associated contingency measure(s) to be implemented. The Department shall identify sources of contribution based upon documented observations of emission sources and corresponding EPA reference method monitoring data. (2) Unless otherwise prohibited by Section 75.1 .104(2)(d), and within 60days of notification from DEQor EPA, the Department shall implement the following contingency measure(s) to reduce emissions froma source(s) identified as a contributor. (a) If residential wood burning is determined to be a contributing source, the Department shall implement Section 75.1 .208. (b) If re-entrained dust is determined to be a contributing source, the Department shall implement Section 75.1 .307. (c) If industrial facility emissions are determined to be a contributing source, DEQshall initiate contingency measures to reduce emissions . (d) The Department shall address failure to attain NAAQS or to make reasonable further progress in reducing emissions attributable to natural events or impacts generating activities occurring outside state or local jurisdictional control according to EPA policy while initiating interimcontingency measures at the local level . (e) If no emission source(s) can be identified as a contributor, the Department shall conduct a comprehensive review, including chemical and microscopic filter analysis. Until such time as the reviewand analyses have been completed, the Department shall implement at least one of the above contingency measures on an interim basis. Any selected interim contingency measure(s) shall remain in effect until the Department completes a comprehensive reviewand determines whether a permanent contingency measure is necessary. (3) Early voluntary implementation of a contingency measure shall not result in a requirement to develop additional moderate area contingency measures if the area later fails to attain the NAAQS/MAAQS or make reasonable further progress in reducing emissions. However, redesignation could necessitate additional control measures including Best Available Control Measures (BACM), Best Available Control Technology (BACT) and/or additional contingency measures. 75.1 .105 ENFORCEABILITY: The provisions of the regulations in this ordinance are enforceable by the Lincoln County Environmental Health Department authorities and/or appropriate lawenforcement officials.



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### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program 75.1 .106 CONFLICT OF ORDINANCES: (1) In any case where a provision of these regulations is found to be in conflict with a provision of anyzoning, building, fire, safety or health ordinance or code of any City of, Town of, or of the County of Lincoln, the provision which, in thejudgment of the Health Officer, established the higher standard for the promotion and protection of the health and safety of the people shall prevail . (2) If any portion of these regulations should be declared invalid for any reason whatsoever, such decision shall not affect the validity of the remaining portion(s) of the ordinance and such portions shall remain in full force and effect. SUBCHAPTER 2: SOLID FUEL BURNING DEVICE REGULATIONS 75.1 .201 INTENT: (1) A regulation reducing the levels of particulate air pollutants to or below levels of the NAAQSIMAAQS. (2) This regulation is necessary to preserve, protect, improve, achieve and maintain such levels of air quality as will protect the health and welfare of the citizens of Lincoln County. 75.1 .202 SCOPE AND EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the Air Pollution Control District except for sources exempt fromlocal regulation under 75-2-301(5), MCA . (2) The effective date of this sub-chapter is January 1, 2007. 75.1 .203 DEFINITIONS: As used in this subchapter, unless indicated otherwise, the following definitions apply: (1) "Opacity" means a measurement of visible emissions defined as the degree expressed in percent to which emissions reduce the transmission of light and obscure the viewof an object in the background. (2) "Operating Permit" means a permit issued by the Department that allows the use of a solid fuel burning device within the boundaries of the Air Pollution Control District. (3) "Pellet Fuel Burning Device" means a solid fuel burning device that burns only automatically fed biomass, pelletized fuels. (4) "Solid Fuel Burning Device" means any fireplace, fireplace insert, wood stove, pellet stove, pellet furnace, wood burning heater, wood-fired boiler, wood or coal-fired furnace, coal stove, or similar device burning any solid fuel used foraesthetic, cooking or heating purposes which has a rated capacity of less than 1,000,000 BTU's per hour . (5) "Standard Catalytic Device" means a solid fuel burning device with a catalytic emissions control systemthat has been certified by EPAtest method as having emissions <4.1 grams/hour. 

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### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program (6) "Standard Non-Catalytic Device" means a solid fuel burning device with a noncatalytic emissions control systemthat has been certified by EPAtest method as having emissions <7.5 grams/hour. 75 .1 .204 OPERATING & EMISSION LIMITS: (1) No person may install or operate any type of solid fuel burning device without a valid Operating Permit issued by the Department. (2) No person may burn any material in a solid fuel burning device except uncolored newspaper, untreated wood and lumber, and products manufactured for the sole purpose of use as a solid fuel . Products manufactured or processed for use as solid fuels must conformto any other applicable provisions of this subchapter. (3) In the absence of an Air Pollution Alert, no person operating a solid fuel burning device may cause or allowthe discharge of visible emissions greater than twenty percent opacity. The provisions of this section do not applyto visible emissions during the building of a new

fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. (4) During an Air Pollution Alert, no person operating a solid fuel burning device that is permitted for use during an Alert may cause or allowthe discharge of visible emissions greater than ten percent opacity. The provisions of this subsection shall not apply during the building of a new

fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. No person may operate a standard catalytic or noncatalytic solid fuel burning device during an Air Pollution Alert. 75.1 .205 SOLID FUEL BURNING DEVICE PERMITS: (1) Prior to installing or operating a solid fuel burning device in any residential or commercial property, a person shall apply to the Departmentfor a permit and provide the following information: (a) the owner/operator of the device; (b) contact information for the device owner/operator; (c) location of the device; (d) device manufacturer & model ; (e) type of device (rating) ; and (f) any other relevant information for the Department to determine whether it satisfies the requirements of this regulation. (2) The Department may issue Operating Permits for the following types of solid fuel burning devices: (a) Standard catalytic devices. The Department may issue an Operating Permit for a catalytic solid fuel burning device. Standard catalytic devices may not be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208would automatically invalidate the operating permit for this type of device. 

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### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject : Lincoln County Air Pollution Control Program (b) . Standard non-catalytic devices. The Department may issue an Operating Permit for a non-catalytic solid fuel burning device. Standard noncatalytic devices may not be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208would automatically invalidate the operating permit for this type of device. (c) Pellet fuel burning devices. The Department may issue an operating permit for a biomass pellet fuel burning device. Pellet fuel burning devices may be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208 would not invalidate the operating permit for this type of device. (3) Unless otherwise invalidated by implementation of a contingency measure or future changes in solid fuel burning device regulations, Operating Permits are valid until the named owner/operator changes or the device is removed or modified in any way. Permits may not be transferred fromperson to person or fromplace to place. (4) An Operating Permit for a solid fuel burning device may be revoked by the Department for non-compliance with these regulations or Operating Permit conditions. 75.1 .206 AIR POLLUTION ALERTS: (1) The Department may declare an Air Pollution Alert to be in effect whenever ambient PM

concentrations, as averaged over a four hour period, exceed a level 20 percent belowany state orfederal ambient 24-hour standard established for particulate matter; and when scientific and meteorological data indicate the average concentrations will remain at or above these levels over the next 24 hours. (2) The Department may also declare an Air Pollution Alert to be in effect whenever scientific and meteorological data indicate that the ambient PM concentrations over any four-hour period within the next twenty-four hours may reasonably be expected to exceed a level 20percent below any state or federal ambient 24-hour standard established for particulate matter. (3) No person shall be subject to anyviolation of 75.1 .204(4) for three hours after the Department declares an Air Pollution Alert and makes that information reasonably available to the public. 75.1 .207 PENALTY ASSESSMENTS: (1) The Department shall issue a "Notice ofViolation" for any documented violation. The first notice ofviolation issued is a warning to the violator and will include educational and compliance information on air pollution regulations . (2) For a second and any subsequent violations, the Department shall process each notice of violation for a Civil PenaltyAssessment of $25.00 per violation. (3) No person or entity may be cited for a violation more than once in any calendar day . However, the Department may issue a notice of violation for each calendar dayof violation and each such notice is considered as a separate violation. 

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### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program 75.1 .208 CONTINGENCY MEASURES: (1) If compliance with NAAQS/MAAQS are not achieved or compliance levels are not maintained, and the Department determines that solid fuel burning device emissions are a contributor to non-compliance, the Department shall implement the following control measure: (a) . No person may operate a solid fuel burning device except a biomass pellet fuel burning device with a valid operating permit issued by the Department. SUBCHAPTER 3: DUST CONTROL REGULATIONS:

Control Measures For Roads, Parking Lots And Commercial Lots 75.1 .301 INTENT: Regulations enacting an emission control plan within the Air Pollution Control District to meet NAAQS for particulate matter by requiring dust abatement and control . 75.1 .302 SCOPE &EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the "Regulated Road Sanding and Sweeping District." (2) The effective date of this subchapter is January 1, 2007. 75.1 .303 DEFINITIONS: As used in this subchapter, unless indicated otherwise, the following definitions apply: (1) "Areas of Public Safety Concern" means specific areas that may include, but are not necessarily limited to: roadways with steep grade hills; roadways around public school facilities; and parking areas for medical, senior or public school facilities. (2) "Commercial Yard/Lot" means a parcel of land located off the public right-of-way with uses that may include, but are not necessarily limited to, logging yards, bus lots, store and shopping parking areas, construction firms, trucking/transportation firms, and industrial facility sites. (3) "Emergency Situation" means a situation when: (a) Liquid de-icing agents and/or de-icing salts become unavailable due to circumstances beyond the control of the person, government or private entity maintaining a roadway, alley, parking lot or commercial yard/lot or; (b) due to extreme weather conditions, or hazardous roadways, liquid deicing agents and/or de-icing salts do not provide adequate traction for public safety. 

### Replaces Pages: 27.9.1 (7) 1 Dated: February 1, 1996 March 23, 2006 Page: 7 of 18 Page 27.9.1 (7)

### Volume III Chapter- 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject: Lincoln County Air Pollution Control Program (4) "Parking Lot" means a parcel of land located off of the public right-of-waywhich is not less than 5,000 square feet in size and which is primarily used for the temporary storage of motorvehicles . A parking lot as used in this regulation does not include lots for the storage of special mobile equipment as defined in 61-1-101(59), MCA . (5) "Prioritized Street Sweeping and Flushing" means a schedule of street sweeping and/or flushing which cleans streets with the highest traffic volumes first and proceeds in descending order of traffic volume to streets with the lowest traffic volume. When all icefree streets have been cleaned the cycle is immediately repeated. (6) "Reasonably Available Control Technology' means (a) During winter, prioritized street sweeping and flushing ofstreets with accumulated carry-on or applied materials shall commence on the first working day after the roadbed becomes ice-free and temperatures remain above freezing. (b) During summer, street sweeping and/or flushing which is accomplished on an as-needed basis to remove any accumulated carry-on or applied materials, with priority given to streets with the highest traffic volumes. (7) "Regulated Road Sanding and Sweeping District" means the geographical area designated by the attached map, wherein the regulations of this sub-chapter apply, and defined as follows: Point of beginning: intersection of Pipe Creek Road and Highway 37 North, follow Highway 37 south to Thomas Road then west-northwest along the Kootenai River to the west end of Jay-Effar Road; then west-southwest across Highway 2 to Parsnix Way; then south-southeast along the base of the foothills, crossing Flower Creek Road and Main Avenue, to Reese court; then south along Cabinet Heights Road and Westgate to Snowshoe Road; then North-northeast on Shaughnessy Road to Highway 2; then east to Libby Creek; then north following the streambank of Libby Creek to the Kootenai River; then west-northwest along the Kootenai River to Highway 37; then north on Highway 37 to the point of beginning. (8) "Road" means any road or alleywhich is greater than 50-feet in length and which has or is projected to have an average traffic volume greater than 50vehicles per day. (9) "Summer" means the months of May, June, July, August, September and October. (10) "Winter" means the months of November, December, January, February, March and April . 75.1 .304 LIMITATION ON USE AND ON APPLICATION OF MATERIALS: (1) No person may allow vehicular operation on any road, parking lot or commercial yard/lot that is not paved or otherwise surfaced or treated to prevent vehicular carry-on and wind-borne entrainment of dust. 

### Replaces Pages: 27.9.1 (8) 1 Dated: February 1, 1996 March 23, 2006 Page: 8 of 18 Page 27.9.1 (8)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject : Lincoln County Air Pollution Control Program (a) If an emergency situation arises that requires vehicular operation in/on an untreated area, the Department may authorize utilization of the area during the course of the emergency provided alternative methods are implemented to minimize carry-on or entrainment . (2) With the exception of "Emergency Situations" and "Areas of Public Safety Concern", sanding materials may not be applied. Only liquid de-icing agents and/or deicing salts may be used on roads, parking lots and commercial yards/lots. (3) No person may place any sanding or chip seal material on any road, parking lot or commercial yard/lot which has a durability, as defined by the Montana Modified LA Abrasion Test, of greater than 7, and a fines content of material smaller than 200 mesh, as determined bystandard wet sieving methods, that exceeds 3 percent oven dryweight. (4) A person, prior to application, shall test materials proposed for use as sanding or chip seal material and provide the Department laboratorytest data demonstrating that the material meets the specified requirements for durability and fines content. 75.1 .305 STREET SWEEPING &FLUSHING: (1) Any person responsible for the maintenance of a road shall implement and maintain a schedule of prioritized street sweeping and flushing. (2) Reasonably available control technology shall be utilized to assure timely removal of carry-on or applied accumulations fromall roads. 75.1 .306 SPECIFIC MEASURES FOR COMMERCIAL YARDSILOTS: (1) Operators of all commercial yards/lots shall implement measures to prevent the collection and deposition of dust fromequipment wheels and chassis. (2) Operators of all commercial yards/lots shall implement dust suppression measures (chemical dust suppressants, dust oiling, watering, etc.) in bare, undeveloped areas of the property(ies) to eliminate fugitive air-born dust. (3) Operators ofall commercial yards/lots shall clean carry-on material generated fromtheir facilityfromadjoining roadways in a timely manner. 75.1 .307 CONTINGENCY MEASURES: (1) If compliance with NAAQS is not achieved or compliance levels are not maintained, and the Department determines that re-entrained dust emissions contribute to non-compliance, the Department shall implement the following control measure: (a) The Regulated Road Sanding and Sweeping District shall be extended to the boundaries of the Air Pollution Control District. (b) Control measures in place for the Regulated Road Sanding and Sweeping District shall apply throughout the entire Air Pollution Control District. 75.1 .308 MATERIALS APPLICATIONOUTSIDE THE DISTRICT: (1) For all areas of the Air Pollution Control District that lie outside of the Regulated Sanding and Sweeping District, each person or government or private entity is strongly 

### Replaces Pages: 27.9.1 (9) 1 Dated: February 1, 1996 March 23, 2006 Page: 9 of 18 Page 27.9.1 (9)

### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program encouraged to reduce the amount of sanding materials applied, taking into consideration public safety and air quality. (2) Outlying areas and lowtraffic volume roads should have a lowpriority. (3) Residential areas may receive less sanding material because of lower speeds. (4) Adding salt compounds to conventional sanding materials reduces the total amount of sand applied. (5) Vehicles used for winter driving should be equipped with winter tires or traction devices . SUBCHAPTER 4: OUTDOOR BURNING REGULATIONS 75.1 .401 INTENT: (1) Local geographic features and concentrations of populations in Libby and the immediate surrounding area necessitate rules and regulations concerning the outdoor burning ofwaste materials. (2) Experience has demonstrated that air quality degradation and public health problems are often associated with the improper burning ofwaste materials in both urban and suburban areas. (3) The purpose of this regulation is to improve air quality and meet NAAQSIMAAQS for particulate matter by restricting non-essential outdoor burning, promoting alternative disposal methods and recycling, and setting standards to minimize emissions when outdoor burning is required. 75.1 .402: SCOPE ANDEFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the boundaries of the Air Pollution Control District and Impact Zone L and to all licensed landfills within the boundaries of Lincoln County. (2) The effective date of this sub-chapter is April 15, 2006 . 75.1 .403 DEFINITIONS: (1) "Best Available Control Technology" (BACT) means those techniques and methods ofcontrolling emissions of pollutants froman existing or proposed outdoor burning source which limit those emissions to the maximum degree which the Department determines, on a case-by-case basis, is achievablefor that source, taking into account impacts on energy use, the environment, and the economy, and any other costs, including cost to the source. Such techniques and methods may include the following: scheduling of burning during periods and seasons of good ventilation; applying dispersion forecasts ; utilizing predictive modeling results performed by and available fromDEQto minimize smoke impacts; limiting the amount of burning to be performed during any one time; using ignition and 

### Replaces Pages: 27.9.1 (10) 1 Dated: February 1, 1996 March 23, 2006 Page: 10 of 18 Page 27.9.1 (10)

### Volume III

Chapter 27 STATE OF MONTANA Subject : Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program burning techniques which minimize smoke production; selecting fuel preparation methods that will minimize dirt and moisture content; promoting fuel configurations which create an adequate air to fuel ratio ; prioritizing burns as to air quality impact and assigning control techniques accordingly; promoting alternative treatments and uses of materials to be burned; and selecting sites that will minimize smoke impacts. BACT for all residential and management outdoor burning includes burning onlyas authorized by and during the time periods specified by the Department. (2) "Bonfire" means a ceremonial fire or small recreational fire, in which the materials burned are cordwood or clean untreated dimensional wood and which is conducted by an educational, fraternal or religious organization for the purpose of celebrating a particular organization-related event or for a social gathering, picnic, campout, fireside singalong, etc. (3) "Christmas Tree Waste" means wood waste fromcommercially grown Christmas trees left in the field where the trees were grown, after harvesting and on-site processing. (4) "Conditional Open Burning Permit" means a permit issued to conduct outdoor burning at a licensed landfill . (5) "Emergency outdoor burning" means an event beyond individual control that necessitates the use of outdoor burning in order to dispose of a substance that poses an immediate threat to public health and safety, or plant or animal life, and for which no alternative method of disposal is reasonably available. (6) "Impact Zone L" means all of the land within the following boundaries: Beginning at Kootenai Falls, going southeast to Scenery Mountain, then south to Indian Head, then south to Treasure Mountain, then south to Mount Snowy, then east to Double N Lake, then across Highway 2 going northeast to McMillan Mountain, then north to Swede Mountain, then northeast across Highway 37 to the Vermiculite Mine, then west to Sheldon Mountain, then west-northwest to Flagstaff Mountain, then southwest to Kootenai Falls, the point of beginning. (7) "Libby Outdoor Burning Control Area" means alt of the land included with the boundaries of the Air Pollution Control District and Impact Zone L, including the Cityof Libby. (8) "Licensed Landfill" means a solid waste disposal site that is licensed for operation by DEQ

. (9) "Licensed Landfill Outdoor Burning" means burning at a licensed landfill pursuant to a conditional outdoor burning permit. (10) "Major Open Burning Source" means any person, agency, institution, business or industry conducting any outdoor burning that, on a statewide basis, will emit more than 500tons per calendar year of carbon monoxide or 50tons per calendaryear of any other pollutant regulated under ARM 17.8.101 et seq., except hydrocarbons . 

### Replaces Pages: 27.9.1 (11) 1 Dated: February 1, 1996 March 23, 2006 Page: 11 of 18 Page 27.9.1 (11)

### Volume III Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject : Lincoln County Air Pollution Control Program (11) "Management Burning" means any person, agency, institution, business or industryconducting any outdoor burning for any purpose except residential burning, including forestry/wildlife management, licensed landfill management, firefighter training exercises, commercial film productions, or fuel hazard reduction which is designated as necessary by a fire protection agency. (12) "Outdoor Burning" means the combustion of any material directly in the open air without a receptacle, or in a receptacle other than a furnace, multiple chambered incinerator, or wood waste burner, with the exception of unexploded ordnance, small recreational fires (including bonfires), construction site heating devices used towarm workers, or safetyflares used to combust or dispose of hazardous or toxic gases at industrial facilities, such as refineries, gas sweetening plants, oil and gas wells, sulfur recovery plants or elemental phosphorus plants. (13) "Residential Burning" means any outdoor burning conducted on a residential, farmor ranch property to dispose of vegetative wastes. (14) "Salvage operation" means anyoperation conducted in whole or in part to salvage or reclaimany product or material, except the silvicultural practice commonly referred to as a salvage cut. (15) "Trade wastes" means solid, liquid or gaseous material resulting from construction or operation of any business, trade, industry or demolition project . Wood product industry wastes such as sawdust, bark, peelings, chips, shavings, branches, limbs and cull wood are considered trade wastes. Trade wastes do not include Christmas tree waste or wastes generally disposed of by residential outdoor burning or management outdoor burning, as defined in these regulations . 75.1 .404 OUTDOOR BURNING CONTROL AREAS: (1) Outdoor burning regulations shall apply to all outdoor burning activities within the boundaries of the Air Pollution Control District and/or Impact Zone L. The Department may issue restrictions and prohibit outdoor burning activities within these boundaries. (2) Restrictions and permitting regulations for Licensed landfills shall apply throughout the boundaries of Lincoln County. 75.1 .405 PROHIBITED MATERIALS &ACTIVITIES: (1) 40Code of Federal Regulations (CFR) Part 261, which identifies and defines hazardous wastes, is hereby incorporated by reference. (2) Except as specifically provided underARM 17.8.604 forfirefighter training, commercial film production and licensed landfills; the following materials may not be disposed of by outdoor burning: (a) any waste moved fromthe premises where it was generated; (b) food wastes; (c) styrofoamand other plastics; (d) wastes generating noxious odors; 

### Replaces Pages: 27.9.1 (12) 1 Dated: February 1, 1996 March 23, 2006 Page: 12 of 18 Page 27.9.1 (12)

### Volume III

Chapter 27 STATE OF MONTANA Subject : Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program (e) wood and wood by-products that have been treated, coated, painted, stained, or contaminated by a foreign material, such as papers, cardboard, or painted or stained wood; (f) poultry litter; (g) animal droppings; (h) dead animals or dead animal parts; (i) tires; (j) rubber materials; (k) asphalt shingles; (I) tar paper; (m) automobile or aircraft bodies and interiors ; (n) insulated wire; (o) oil or petroleumproducts; (p) treated lumber and timbers ; (q) pathogenic wastes; (r) hazardous wastes as defined by 40 CFR Part 261 ; (s) trade wastes; (t) any materials resulting froma salvage operation; (u) chemicals; (v) Christmas tree waste; (w) asbestos or asbestos-containing materials; (x) standing or demolished structures; and (y) paint. (3) The burning of stumps, the burning of grass clippings and leaves, and overnight smoldering of burns is prohibited. (4) Burning on any city or county street, road or alley is prohibited. (5) The use of burn barrels, or other unapproved devices, is prohibited. 75.1 .406 OUTDOOR BURNING PERIODS: Various types of outdoor burning activities are limited to the following time periods: (1) Residential burning -April 1 through April 30: (a) Residential Outdoor Burning may be conducted during the month of April . (b) In the event of undulywet orwintryweather conditions during the month ofApril, the Department may extend the residential burning season into the month of May. (c) No person may conduct residential outdoor burning at any other time during the year. (2) Management Burning - April 1 through October 31 : (a) Management burns may be conducted throughout the management burning season of April 1 through October 31 . 

### Replaces Pages: 27.9.1 (13) 1 Dated: February 1, 1996 March 23, 2006 Page: 13 of 18 Page 27.9.1 (13)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN (3) 

### Subject: Lincoln County Air Pollution Control Program Closed Burning Periods - November 1 through March 31 : (a) No person may conduct outdoor burning during the months of November, December, January, February and March. (b) The Department may authorize exceptions for emergency outdoor burning after receiving the following information: (i) facts establishing that alternative methods of disposing of the substance are not reasonably available; (ii) facts establishing that the substance to be burned poses an immediate threat to human health and safety or plant or animal life; (iii) the legal description or address of the site where the burn will occur; (iv) the amount of material to be burned; (v) the date and time of the proposed burn; and (vi) the date and time that the spill or incident giving rise to the emergency was first noticed. (c) Management burning in closed burning periods may be conducted based on a written demonstration of need froma fire protection agency and approval fromthe Department prior to each ignition. 75.1 .407 GENERAL COMPLIANCE 8 PERMITTING REQUIREMENTS: (1) Outdoor burning is allowed only on days with good ventilation/dispersion forecasts . The Department will make this determination based on available interagency meteorological information and local ambient particulate concentrations. (2) All residential burners shall apply for and receive an Air Quality Permit fromthe Department prior to initiating any outdoor burn. (3) All burners shall apply for and receive any necessaryfire permit(s) fromthe jurisdictional fire protection agency prior to initiating any burn. (4) All burners shall use alternative disposal methods when reasonably available. (5) All burners shall utilize BACT. (6) All residential burners shall call the Air Quality Hotline at 293-5644 prior to ignition and complywith established burning hours and any burning bans or other announced restrictions . (7) All management burners shall contact the Department and receive approval prior to ignition of a planned burn. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (8) Prior to conducting any outdoor burning, all major open burning sources shall applyfor and receive an air quality major open burning permit pursuant to ARM 17.8.610 .



### Replaces Pages: 27.9.1 (14) 1 Dated: February 1, 1996 March 23, 2006 Page: 14of 18 Page 27.9.1 (14)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN Subject : Lincoln County Air Pollution Control Program 75.1 .408 SPECIAL COMPLIANCE &PERMITTING REQUIREMENTS: (1) Firefighter Training: (a) Prior to conducting outdoor burning sessions as part of their training program, Fire Departments shall apply for and receive a FirefighterTraining Permit issued by DEQ

. (b) Any person planning FirefighterTraining outdoor burning shall contact the Department and receive approval prior to conducting the training burn. The

(2)

(3)

(4) Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (c) Any person planning Firefighter training outdoor burning shall provide at least three weeks advance notice to all residents within a 1/4-mile or four-block radius of the proposed training site. The Department and County Health Officer shall evaluate any concerns about environmental or health impacts presented by surrounding residents prior to authorization or denial of the outdoor burning. Commercial FilmProduction Burns: (a) Anyone planning to conduct Commercial Film Production outdoor burning shall apply for and receive a Commercial FilmProduction Permit issued by DEQ . (b) Anyone planning Commercial FilmProduction outdoor burning shall contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. Fuel Hazard Reduction: (a) Any proposed burn for fuel hazard reduction must be designated as necessary bya fire protection agency. (b) Anyone planning Fuel Hazard Reduction outdoor burning shall contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. Licensed Landfill Burns (a) All licensed landfills within the boundaries of Lincoln County must : (i) Have an approved burn site, as designated in the solid Waste Management SystemLicense issued by the DEQ, pursuant to ARM Title 17, chapter 50, subchapter 5, before a Conditional Air Quality Open Burning permit may be issued. (ii) Obtain a Conditional Air Quality Outdoor Burning Permit from the Department before burning. A new permit must be obtained for each burn. (iii) Comply with all conditions of the permit. (b) No licensed landfill within the boundaries of Lincoln County shall cause or allowthe burning of untreated wood waste unless they have first applied for and received a permit for such outdoor burning fromthe Department . 

### Replaces Pages: 27.9.1 (15) 1 Dated: February 1, 1996 March 23, 2006 Page: 15 of 18 Page 27.9.1 (15)

### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program (c) The Department may issue a conditional air quality open burning permit if the Department determines that: (i) alternative methods of disposal would result in extreme economic hardship to the applicant ; and (ii) emissions fromopen burning will not endanger public health or welfare or cause or contribute to a violation of any NAAQSIMAAQS. (d) The Department must be reasonable when determining whether alternative methods of disposal would result in extreme economic hardship to the applicant . (e) Conditional outdoor burning must conformwith BACT. (f) The Department may issue a conditional air quality outdoor permit to dispose of untreated wood waste at a licensed landfill site, if the Department determines that: (i) the proposed open burning will occur at an approved burn site as designated in the solid waste management systemlicense issued by DEQpursuant to ARM

title 17, chapter 50, subchapter 5; and (ii) prior to the issuance of the air quality open burning permit, the wood waste pile is inspected by the Department or its designated representative and no prohibited materials listed in 75.1 .405(2), other than wood waste, are present. (g) Apermit issued under this rule is valid for a single burn of untreated wood waste at licensed landfill sites. A new permit must be obtained for each burn. (h) The Department may place any reasonable requirements in a conditional air qualityopen burning permit that it determineswill reduce emissions ofair pollutants or minimize the impact of emissions and the recipient of a permit must adhere to those conditions. (i) An application for a conditional air quality open burning permit must be made on a formprovided by the Department. The applicant shall provide adequate information to enable the Department to determine whether the application satisfies the requirements for a conditional air quality open burning permit contained in this rule. Proof of publication of public notice, as required in section (j) of this rule, must be submitted to the Department before an application will be considered complete. (j) An applicant for a conditional air qualityopen burning permit shall notify the public of the application by legal publication, at least once, in a newspaper of general circulation in the area affected by the application. The notice must be published no sooner than 10 days prior to submittal of an application and no later than ten days after submittal of an application. Formof the notice must be provided by the Department and must include a statement that public comments 

### Replaces Pages: 27.9.1 (16) ( Dated: February 1, 1996 March 23, 2006 Page: 16of 18 Page 27.9.1 (16)

### Volume III

Chapter 27 STATE OF MONTANA Subject: Lincoln County AIR QUALITY CONTROL Air Pollution IMPLEMENTATION PLAN Control Program may be submitted to the Department concerning the application within 20days after publication of notice or filing of the application, whichever is later. Asingle public notice may be published for multiple applications. (k) When the Department approves or denies the application for a permit under 75.1 .408(4), a person who isjointly or severally adversely affected by the decision may request a hearing before the Lincoln County Board of Health. The request for hearing must be filed within 15 days after the Department renders its decision and must include an affidavit setting forth the grounds for the request. The Department's decision on the application is not final unless 15 days have elapsed fromthe date of the decision and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the Department's decision until the conclusion of the hearing and issuance of a final decision by the Lincoln County Board of Health. 75.1 .409 PENALTY ASSESSMENTS: (1) Any person who violates any provision of these regulations or any provision of any directive, action, permit, or approval adopted pursuant to the authority granted by these regulations, except for intentional violations of Section 75.1 .405(2)(r), shall be, upon conviction, punished by a fine not less than $25 and not more than $200for each offense. Violations of Section 75.1 .405(2)(r), burning hazardous wastes as defined by 40 CFR Part 261, shall be, upon conviction, punished by a fine not to exceed $10,000 per day per violation. (2) Each day of violation shall be considered a separate offense.



### Replaces Pages: 27.9.1 (17) 1 Dated: February 1, 1996 March 23, 2006 Page: 17 of 18 Page 27.9.1 (17)

### Volume III

Chapter 27 STATE OF MONTANA AIR QUALITY CONTROL IMPLEMENTATION PLAN

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### Replaces Pages: 27.9.1 (18-30) Dated: February 1, 1996 March 23, 2006 Page: 18 of 18 Page 27.9.1 (18)

# RECORD OF ADOPTION

Lincoln County Air Pollution Control Revisions

March 23, 2006 TABLE OF CONTENTS v-"- (1) Approval of local authorities, e.g., air advisory boards (if

applicable) . ~(2) Approval of affected municipalities pursuant to Mont.

Code Ann. §75-2- 301(2) (if applicable) . I~ (3) Approval of county commission pursuant to Mont . Code Ann. §75-2-301(1) . ~( ~(4) Agenda ofAir Pollution Control Advisory Council . y' (5) Public notice - interested parties, statement of notice,

electronic post. t/' (6) Public notice to newspapers of general circulation. t,-- (7) Affidavits of newspaper publication. ~/ (8) HB521 and HB311 analysis (if applicable) . ~~(9) Environmental Assessment . ~` (10) Local air pollution control programtestimony.

~ (11) Written public testimony (if any) . ~(12) Responses to public testimony (if any) . ~' (13) Board of Environmental Review Agenda. ~/(14) Board of Environmental Reviewhearing transcript.

# 1

## LINCOLNCOUNTY - LIBBY CITY COUNCIL JOINT PUBLIC HEARING MONDAY, FEBRUARY 27, 2006 @ 7:00 PM PONDEROSAROOM CITY HALL Lincoln County/City of LibbyAir Pollution Control Ordinances The public is invited to attend. Comments will be taken.



## CITY OF LIBBY - CITY COUNCIL SPECIAL MEETINGAGENDA MONDAY, FEBRUARY 27, 2006 (IMMEDIATELY FOLLOWINGTHE PUBLIC HEARING)

1 . CALL TOORDER 

### Pledge ofAllegiance/Roll Call/Welcome 2 . Ordinance No. 1654 City ofLibby's Air Pollution Control Ordinance - Second Reading (Action to be taken) 

### 3. Resolution No. 1660- Adopt City of Libby Air Pollution Control Public comment will be taken at this time. Any other topic that may come up maybe discussed as well . ADJOURNMENT The public is encouraged to attend.

# AGENDA Joint Public Hearing Lincoln County/City ofLibby Amended Air Quality Regulations 7:00 p.m ., Monday, February 27, 2006 Libby City Council Chambers 

# 7 :00p .m . : Open meetingfor Public Comment Immediately after Public CommentPeriod : Action onAirPollution ControlResolution

### PUBLIC HEARING OF LINCOLNCOUNTYANDTHE CITY OF LIBBY

FEBRUARY27, 2006- 7 P .M . PONDEROSA ROOM - CITY H'ALL City Council President Charlene Leckrone called the public hearing to order at 7:QQp.m . and led the pledge of allegiance. Lincoln County Commissioners. Windona, Konzen, Lincoln County Administrator Bischoff and Ron~ Anderson and Kendra Lind fromthe Lincoln County Environmental Health were present. Also present were Libby City Council members Botb .man, Leckrone, McElmun .y,~ and Roll, City Services Supervisor DanThede, andCity Clerk Chris Erickson. Council member Crismorewas absent. . Apublic hearingwas held to listen to pros and cons fromthepublic regarding therevised Lincoln CountyAir Pollution Control Ordinance thatwas slated for adoption. RonAnderson, Director of Lincoln County Environmental Health, gave a briefoverview of the health and environment regulations set for by the Environmental. Protection Agencyand explainedthe reasonfor adoption ofthe ordinance. The followingpublicwas heard: AlvinBennett discussed new construction regulations; DuaneWilliams inquired aboutfireplaceregulations; Debra Sprankel had questions regarding themonitoring capabilities ofsuch aprogram ; VanSwearingen inquired as to the accuracyof the scientific nature ofthe testing ; and Jamie Brebner asked about wood cookstoves that are notused forheating . Kendra Lind fromthe Lincoln County Environ3nental Health answered general questions regarding the air qualityregulations, outdoorburning regulations, the wood stove change out program

that has been implemented and the dust controlportion ofthe ordinance;

ATTEST: City Council President



## 141 Chris A . Eric1cson, City Clerk

### SPECIAL MEETING OFTHE CITY COUNCIL OFTHE CITY OF LIBBY

FEBRUARY 27,2006- 8:20P .1VI . PONDEROSA ROOM - CITY HALL City Council President Charlene Leckrone called the special meeting to order at 8:20 p.m . immediately following the public hearing. Council members Bothman, Leclrone, McElmurry, and Roll, City Services Supervisor Dan Thede, and City Clerk Chris Ericksonwerepresent. Councilmember Crismore was absent. The second reading was done for Ordinance No. 1654 City of Libby's Air Pollution Control Ordinance. Mr. Bothmanmovedto adopt Ordinance No. 1654CityofLbby's AirPollution Control . Mr. McElmurryseconded the motion. 

### Motion carried. Mr. Roll moved to accept Resolution No. 1660 Approve and Adopt Revisions to the Lincoln CountyAirPollution ControlProgram . Mr. McElmurry seconded the motion. Motion carried

. ' Tom Wood, Libby Revitalization Board Member, explained the signifcance of incorporating a Main Street Programwithin the City of Libby . Becoming a member enables the L`bby

. Revitalization group to be an eligible recipient for various grants for i .mproving the downtown area of Libby . The request also included participation froma citycouncilmember. It was agreed that appointmentwouldbe at a later date. Mr. Bothman moved to accept Resolution No. 1661 EndorsingParticipation in the Main Street Program

andAuthorizing the Selection ofa City Employeeto be aMember ofthe BoardofDirectors ofthe Local Main Street Program . . Mr. Roll seconded themotion. Motion carried

. There was no requestforpublic comment.

s adjourned at 8:2.7 p

.m . 

## lC/ arlene.Ledl&one; City Council President

Chris A . Erickson, Cfty Cerk

### RESOLUTION N0 .1660 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LIBBY, MONTANA

APPROVINGANDADOPTINGREVISIONSTO THE LINCOLN COUNTY AIRPOLLUTION CONTROL PROGRAM WHEREAS, pursuant to 75-2-301(4), the City of Libby wishes to adopt revisions to the Lincoln County Air Pollution Control Program regarding outdoor burning which are more stringent than comparable state or federal standards and the Libby City Council fmds that, based on information, peer-reviewed scientific studies, and other evidence submitted into the record in proceedings deliberating this matter, the proposed revisions would: " Better Protect public health and the environment in the City of Libby in Lincoln County; " Mitigate harm

to the public health and the environment in the City ofLibby ; and " Are achievable with current technology; and WHEREAS, The Libby City Council also acknowledges information submitted into the record regarding costs to the City of Libby that are directly attributable to the proposed revisions. NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council ofthe City of Libby, Montana approves and adopts the revisions to the Lincoln County Air Pollution Control 'Programwhich are attached hereto and made a part ofthis Resolution and directs the same to be submitted, together with all pertinent evidence as required by 75-2-301, MCA, to the Lincoln County Commission for its consideration. BE IT FURTHER RESOLVED that the City Council of the City of Libby, Montana submits the revisions to the Lincoln CountyAir Pollution Control Programfor inclusion into the Montana state implementation plan. Passed and approved this 27`h day ofFebruary 2006.

Chris A . Erickson, City Clerk

### HEALTHAND ENVIRONMENT REGULATIONS CHAPTER 1 : Control of Air Pollution Subchapter 1 : General Provisions (Revised 27 February 2006) 75.1 .101 INTENT: The purpose of this chapter is to achieve and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, and facilitate the enjoyment of the natural attractions of Lincoln County. 75.1 .102: SCOPE: Unless otherwise indicated, the rules of Chapter 1 apply to activities and sources within the Air Pollution Control District. 75.1 .103 DEFINITIONS: As used in this chapter, unless indicated otherwise, the following definitions apply: (1) "Air Contaminant" means dust, ash, fumes, gas, mist, smoke, vapor or any particulate matter or a combination thereof present in the outdoor atmosphere. (2) "Air Pollution Control District" means the geographical area designated on the attached map and as defined by the following Universal Transverse Mercator (UTM) coordinates: Begin, 600000mE, 5370000mN; east to 620000mE, 5370000mN; south to 620000mE, 5340000mN; west to 600000mE, 5340000mN; north to 600000mE, 5370000mN. (3) "Department" means the Lincoln County Environmental Health Department. (4) "DEQ" means the Montana Department of Environmental Quality. (5) "Emission" means a release into the outdoor atmosphere of an air contaminant. (6) "EPA" means the US Environmental Protection Agency. (7) "MAAQS" means Montana Ambient Air Quality Standards. (8) "NAAQS" means National Ambient Air Quality Standards. (9) "Person" means an individual, a partnership, a firm, an association, a municipality, a public or private corporation, the state or a subdivision or agency of the state, a trust, an estate, an interstate body, the federal government or an agency of the federal government, or any other legal entity and includes persons resident in Canada. (10) "PM

10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers. (11) "PM2

.5" means particulate matterwith an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers. 75 .1 .104 SELECTION 8 IMPLEMENTATION OF CONTINGENCY MEASURE PROGRAMS: (1) Upon notification by DEQor EPA that the Air Pollution Control District has failed to attain NAAQS/MAAQS or make reasonable further progress in reducing emissions, the Department shall determine the source(s) contributing to the violation and designate the associated contingency measure(s) to be implemented. The Department shall identify sources of contribution based upon documented observations of emission sources and corresponding EPA reference method monitoring data. (2) Unless otherwise prohibited by Section 75.1 .104(2)(d), and within 60days of notification fromDEQor EPA, the Department shall implement the following contingency measure(s) to reduce emissions froma source(s) identified as a contributor. (a) If residential wood burning is determined to be a contributing source, the Department shall implement Section 75.1 .208.(b) If re-entrained dust is determined to be a contributing source, the Department shall implement Section 75.1 .307. (c) If industrial facility emissions are determined to be a contributing source, DEQshall initiate contingency measures to reduce emissions. (d) The Department shall address failure to attain NAAQS or to make reasonable further progress in reducing emissions attributable to natural events or impacts generating activities occurring outside state or local jurisdictional control according to EPApolicy while initiating interim contingency measures at the local level . (e) If no emission source(s) can be identified as a contributor, the Department shall conduct a comprehensive review, including chemical and microscopic filter analysis. Until such time as the reviewand analyses have been completed, the Department shall implement at least one of the above contingency measures on an interim basis. Any selected interim contingency measure(s) shall remain in effect until the Department completes a comprehensive reviewand determines whether a permanent contingency measure is necessary. (3) Early voluntary implementation of a contingency measure shall not result in a requirement to develop additional moderate area contingency measures if the area laterfails to attain the NAAQSIMAAQS or make reasonable further progress in reducing emissions. However, redesignation could necessitate additional control measures including BestAvailable Control Measures (BACM), Best Available Control Technology (BACT) and/or additional contingency measures. 75 .1 .105 ENFORCEABILITY: The provisions of the regulations in this ordinance are enforceable by the Lincoln County Environmental Health Department authorities and/or appropriate law enforcement officials. 75.1 .106 CONFLICT OF ORDINANCES: (1) In any case where a provision of these regulations is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of any City of, Town of, or of the County of Lincoln, the provision which, in the judgment of the Health Officer, established the higher standard for the promotion and protection of the health and safety of the people shall prevail . (2) If any portion of these regulations should be declared invalid for any reason whatsoever, such decision shall not affect the validity of the remaining portion(s) of the ordinance and such portions shall remain in full force and effect. SUBCHAPTER 2: SOLID FUEL BURNING DEVICE REGULATIONS 75.1 .201 INTENT: (1) A regulation reducing the levels of particulate air pollutants to or below levels of the NAAQS/MAAQS. (2) This regulation is necessary to preserve, protect, improve, achieve and maintain such levels of air quality as will protect the health and welfare of the citizens of Lincoln County. 75.1 .202 SCOPE AND EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within theAir Pollution Control District except for sources exempt fromlocal regulation under 75-2-301(5), MCA . (2) The effective date of this sub-chapter is January 1, 2007. 75.1 .203 DEFINITIONS: As used in this subchapter, unless indicated otherwise, the following definitions apply:(1) "Opacity" means a measurement of visible emissions defined as the degree expressed in percent to which emissions reduce the transmission of light and obscure the viewof an object in the background. (2) "Operating Permit" means a permit issued by the Department that allows the use of a solid fuel burning device within the boundaries of the Air Pollution Control District . (3) "Pellet Fuel Burning Device" means a solid fuel burning device that burns only automatically fed biomass, pelletized fuels. (4) "Solid Fuel Burning Device" means any fireplace, fireplace insert, wood stove, pellet stove, pellet furnace, wood burning heater, wood-fired boiler, wood or coal-fired furnace, coal stove, orsimilar device burning any solid fuel used for aesthetic, cooking or heating purposes which has a rated capacity of less than 1,000,000 BTU's per hour. (5) "Standard Catalytic Device" means a solid fuel burning device with a catalytic emissions control systemthat has been certified by EPA test method as having emissions <4.1 grams/hour. (6) "Standard Non-Catalytic Device" means a solid fuel burning device with a non-catalytic emissions control systemthat has been certified by EPA test method as having emissions <7.5 grams/hour. 75.1 .204 OPERATING & EMISSION LIMITS: (1) No person may install or operate any type of solid fuel burning device without a valid Operating Permit issued by the Department. (2) No person may burn any material in a solid fuel burning device except uncolored newspaper, untreated wood and lumber, and products manufactured for the sole purpose of use as a solid fuel . Products manufactured or processed for use as solid fuels must conformto any other applicable provisions of this subchapter. (3) In the absence of an Air Pollution Alert, no person operating a solid fuel burning device may cause or allowthe discharge of visible emissions greater than twenty percent opacity. The provisions of this section do not apply to visible emissions during the building of a new fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. (4) During an Air Pollution Alert, no person operating a solid fuel burning device that is permitted for use during an Alert may cause or allowthe discharge ofvisible emissions greater than ten percent opacity. The provisions of this subsection shall not apply during the building of a new fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. No person may operate a standard catalytic or non-catalytic solid fuel burning device during an Air Pollution Alert. 75 .1 .205 SOLID FUEL BURNING DEVICE PERMITS: (1) Prior to installing or operating a solid fuel burning device in any residential or commercial property, a person shall apply to the Department for a permit and provide the following information: (a) (b) (c) (d) (e) (fl (2) the ownerloperator of the device;

contact information for the device owner/operator; location of the device; device manufacturer &model ; type of device (rating) ; and any other relevant information for the Department to determine whether it satisfies the requirements of this regulation. The Department may issue Operating Permits for the following types of solid fuel burning devices: (a) Standard catalytic devices. The Department may issue an Operating Permit for a catalytic solid fuel burning device. Standard catalytic devices may not be operated during an Air Pollution Alert. Implementationof the contingency measure in 75.1 .208 would automatically invalidate the operating permit for this type of device. (b) Standard non-catalytic devices. The Department may issue an Operating Permit for a non-catalytic solid fuel burning device. Standard non-catalytic devices may not be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208 would automatically invalidate the operating permit for this type of device. (c) Pellet fuel burning devices. The Department may issue an operating permit for a biomass pellet fuel burning device. Pellet fuel burning devices may be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208 would not invalidate the operating permit for this type of device. (3) Unless otherwise invalidated by implementation of a contingency measure or future changes in solid fuel burning device regulations, Operating Permits are valid until the named owner/operator changes or the device is removed or modified in any way. Permits may not be transferred fromperson to person or fromplace to place. (4) An Operating Permit for a solid fuel burning device may be revoked by the Department for non-compliance with these regulations or Operating Permit conditions. 75.1 .206 AIR POLLUTION ALERTS: (1) The Department may declare an Air Pollution Alert to be in effect whenever ambient PM

concentrations, as averaged overa four hour period, exceed a level 20 percent below

any state or federal ambient 24-hour standard established for particulate matter; and when scientific and meteorological data indicate the average concentrations will remain at or above these levels over the next 24 hours. (2) The Department may also declare an Air Pollution Alert to be in effect wheneverscientific and meteorological data indicate that the ambient PM concentrations over any four-hour period within the next twenty-four hours may reasonably be expected to exceed a level 20 percent below any state or federal ambient 24-hour standard established for particulate matter. (3) No person shall be subject to any violation of 75.1 .204(4) for three hours after the Department declares an Air Pollution Alert and makes that information reasonably available to the public. 75.1 .207 PENALTYASSESSMENTS: (1) The Department shall issue a "Notice ofViolation" for any documented violation. The first notice of violation issued is a warning to the violator and will include educational and compliance information on air pollution regulations. (2) For a second and any subsequentviolations, the Department shall process each notice ofviolation for a Civil Penalty Assessment of $25.00 per violation. (3) No person or entity may be cited for a violation more than once in any calendar day. However, the Department may issue a notice of violation for each calendar day ofviolation and each such notice is considered as a separate violation. 75.1 .208 CONTINGENCY MEASURES: (1) If compliance with NAAQS/MAAQSare not achieved or compliance levels are not maintained, and the Department determines that solid fuel burning device emissions are a contributor to non-compliance, the Department shall implement the following control measure:

(a) . No person may operate a solid fuel burning device except a biomass pellet fuel burning device with a valid operating permit issued by the Department .SUBCHAPTER 3: DUST CONTROL REGULATIONS: Control Measures For Roads, Parking Lots And Commercial Lots 75.1 .301 INTENT: Regulations enacting an emission control plan within the Air Pollution Control District to meet NAAQS for particulate matter by requiring dust abatement and control . 75.1 .302 SCOPE &EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the "Regulated Road Sanding and Sweeping District." (2) The effective date of this subchapter is January 1, 2007. 75 .1 .303 DEFINITIONS: As used in this subchapter, unless indicated otherwise, the following definitions apply: (1) "Areas of Public Safety Concern" means specific areas that may include, but are not necessarily limited to: roadways with steep grade hills; roadways around public school facilities; and parking areas for medical, senior or public school facilities. (2) "Commercial Yard/Lot" means a parcel of land located off the public right-ofway with uses that may include, but are not necessarily limited to, logging yards, bus lots, store and shopping parking areas, construction firms, trucking/transportation firms, and industrial facility sites. (3) "Emergency Situation" means a situation when: (a) Liquid de-icing agents and/or de-icing salts become unavailable due to circumstances beyond the control of the person, government or private entity maintaining a roadway, alley, parking lot or commercial yard/lot or; -~(b) due to extreme weather conditions, or hazardous roadways, liquid de-icing agents and/or de-icing salts do not provide adequate traction for public safety. (4) "Parking Lot" means a parcel of land located off of the public right-of-way which is not less than 5,000 square feet in size and which is primarily used for the temporary storage of motorvehicles. A parking lot as used in this regulation does not include lots for the storage ofspecial mobile equipment as defined in 61-1- 101(59), MCA

. (5) "Prioritized Street Sweeping and Flushing" means a schedule of street sweeping and/or flushing which cleans streets with the highest traffic volumes first and proceeds in descending order of traffic volume to streets with the lowest traffic volume. When all ice-free streets have been cleaned the cycle is immediately repeated. (6) "Reasonably Available Control Technology" means (a) During winter, prioritized street sweeping and flushing of streets with accumulated carry-on or applied materials shall commence on the first working day after the roadbed becomes ice-free and temperatures remain above freezing. (b) During summer, street sweeping and/or flushing which is accomplished on an as-needed basis to remove any accumulated carry-on or applied materials, with priority given to streets with the highest traffic volumes. (7) "Regulated Road Sanding and Sweeping District" means the geographical area designated by the-attached map, wherein the regulations of this sub-chapter apply, and defined as follows: Point of beginning: intersection of Pipe Creek Road and Highway 37 North, follow Highway 37 south to Thomas Road then west-northwest along the Kootenai River to the west end of Jay-Effar Road; then west-southwest across Highway 2 to ParsnixWay; then south-southeast along the base of the foothills, crossing Flower Creek Road and Main Avenue, to Reese court; then south along Cabinet Heights Road and Westgate to Snowshoe Road; then North-northeast on Shaughnessy Road to Highway 2; then east to Libby Creek; then north following the streambank of Libby Creek to the Kootenai River; then west-northwest along the Kootenai River to Highway 37; then north on Highway 37 to the point of beginning. (8) "Road" means any road or alley which is greater than 50-feet in length and which has or is projected to have an average traffic volume greater than 50 vehicles per day. (9) "Summer" means the months of May, June, July, August, September and October. (10) "Winter" means the months of November, December, January, February, March and April . 75.1 .304 LIMITATION ON USE AND ONAPPLICATION OF MATERIALS: (1) No person may allow vehicular operation on any road, parking lot or commercial yard/lot that is not paved or otherwise surfaced or treated to prevent vehicular carry-on and wind-borne entrainment of dust. (a) If an emergency situation arises that requires vehicular operation in/on an untreated area, the Department may authorize utilization of the area during the course of the emergency provided alternative methods are implemented to minimize carry-on or entrainment. (2) With the exception of "Emergency Situations" and "Areas of Public Safety Concern", sanding materials may not be applied. Only liquid de-icing agents and/or de-icing salts may be used on roads, parking lots and commercial yards/lots. (3) No person may place any sanding or chip seal material on any road, parking lot or commercial yard/lot which has a durability, as defined by the Montana Modified LAAbrasion Test, of greater than 7, and a fines content of material smaller than 200 mesh, as determined by standard wet sieving methods, that exceeds 3 percent oven dry weight. (4) A person, prior to application, shall test materials proposed for use as sanding or chip seal material and provide the Department laboratory test data demonstrating that the material meets the specified requirements fordurability and fines content. 75.1 .305 STREET SWEEPING &FLUSHING: (1) Any person responsible for the maintenance of a road shall implement and maintain a schedule of prioritized street sweeping and flushing. (2) Reasonably available control technology shall be utilized to assure timely removal of carry-on or applied accumulations fromall roads. 75.1 .306 SPECIFIC MEASURES FORCOMMERCIAL YARDS/LOTS: (1) Operators of all commercial yards/lots shall implement measures to prevent the collection and deposition of dust fromequipment wheels and chassis. (2) Operators of all commercial yards/lots shall implement dust suppression measures (chemical dust suppressants, dust oiling, watering, etc.) in bare, undeveloped areas of the property(ies) to eliminate fugitive air-born dust. (3) Operators of all commercial yards/lots shall clean carry-on material generated fromtheir facility fromadjoining roadways in a timely manner. 75 .1 .307 CONTINGENCY MEASURES: (1) If compliance with NAAQS is not achieved or compliance levels are not maintained, and the Department determines that re-entrained dust emissions contribute to non-compliance, the Department shall implement the following control measure:(a) The Regulated Road Sanding and Sweeping District shall be extended to the boundaries of the Air Pollution Control District. (b) Control measures in place for the Regulated Road Sanding and Sweeping District shall apply throughout the entire Air Pollution Control District. 75.1 .308 MATERIALS APPLICATION OUTSIDE THE DISTRICT: (1) For all areas of the Air Pollution Control District that lie outside of the Regulated Sanding and Sweeping District, each person or government or private entity is strongly encouraged to reduce the amount of sanding materials applied, taking into consideration public safety and air quality. (2) Outlying areas and lowtraffic volume roads should have a lowpriority. (3) Residential areas may receive less sanding material because of lower speeds. (4) Adding salt compounds to conventional sanding materials reduces the total amount of sand applied. (5) Vehicles used forwinter driving should be equipped with winter tires or traction devices.

SUBCHAPTER 4: OUTDOOR BURNING REGULATIONS 75.1 .401 INTENT: (1) Local geographic features and concentrations of populations in Libby and the immediate surrounding area necessitate rules and regulations concerning the outdoor burning ofwaste materials. (2) Experience has demonstrated that air quality degradation and public health problems are often associated with the improper burning ofwaste materials in both urban and suburban areas. (3) The purpose of this regulation is to improve air quality and meet NAAQS/MAAQS for particulate matter by restricting non-essential outdoor burning, promoting alternative disposal methods and recycling, and setting standards to minimize emissions when outdoor burning is required. 75.1 .402: SCOPE AND EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the boundaries of the Air Pollution Control District and Impact Zone L and to all licensed landfills within the boundaries of Lincoln County. (2) The effective date of this sub-chapter is April 15, 2006 . 75.1 .403 DEFINITIONS: (1) "Best Available Control Technology" (BACT) means those techniques and methods ofcontrolling emissions of pollutants froman existing or proposed outdoor burning source which limit those emissions to the maximumdegree which the Department determines, on a case-by-case basis, is achievable for that source, taking into account impacts on energy use, the environment, and the economy, and any other costs, including cost to the source. Such techniques and methods may include the following: scheduling of burning during periods and seasons of good ventilation; applying dispersion forecasts; utilizing predictive modeling results performed by and available from DEQto minimize smoke impacts; limiting the amount of burning to be performed during any one time; using ignition and burning techniques which minimize smoke production ; selecting fuel preparation methods that will minimize dirt and moisture content; promoting fuel configurations which create an adequate airto fuel ratio; prioritizing burns as to air quality impact and assigning control techniques accordingly;promoting alternative treatments and uses of materials to be burned ; and selecting sites that will minimize smoke impacts. BACT for all residential and management outdoor burning includes burning only as authorized by and during the time periods specified by the Department. (2) "Bonfire" means a ceremonial fire or small recreational fire, in which the materials burned are cordwood or clean untreated dimensional wood and which is conducted by an educational, fraternal or religious organization forthe purpose of celebrating a particular organization-related event or for a social gathering, picnic, campout, fireside singalong, etc. (3) "Christmas Tree Waste" means wood waste fromcommercially grown Christmas trees left in the field where the trees were grown, after harvesting and onsite processing. (4) "Conditional Open Burning Permit" means a permit issued to conduct outdoor burning at a licensed landfill . (5) "Emergency outdoor burning" means an event beyond individual control that necessitates the use of outdoor burning in order to dispose of a substance that poses an immediate threat to public health and safety, or plant or animal life, and for which no alternative method of disposal is reasonably available. (6) "Impact Zone L" means all of the land within the following boundaries: Beginning at Kootenai Falls, going southeast to Scenery Mountain, then south to Indian Head, then south to Treasure Mountain, then south to Mount Snowy, then east to Double N Lake, then across Highway 2 going northeast to McMillan Mountain, then north to Swede Mountain, then northeast across Highway 37 to the Vermiculite Mine, then west to Sheldon Mountain, then west-northwest to Flagstaff Mountain, then southwest to Kootenai Falls, the point of beginning. (7) "Libby Outdoor Burning Control Area" means all of the land included with the boundaries of the Air Pollution Control District and Impact Zone L, including the City of Libby. (8) "Licensed Landfill" means a solid waste disposal site that is licensed for operation by DEQ

. (9) "Licensed Landfill Outdoor Burning" means burning at a licensed landfill pursuant to a conditional outdoor burning permit. (10) "Major Open Burning Source" means any person, agency, institution, business or industry conducting any outdoor burning that, on a statewide basis, will emit more than 500tons per calendar year of carbon monoxide or 50tons per calendar year of any other pollutant regulated underARM17.8.101 et seq., except hydrocarbons. . (11) "Management Burning" means any person, agency, institution, business or industry conducting any outdoor burning for any purpose except residential burning, including forestry/wildlife management, licensed landfill management, firefighter training exercises, commercial filmproductions, or fuel hazard reduction which is designated as necessary by a fire protection agency. (12) "Outdoor Burning" means the combustion of any material directly in the open airwithout a receptacle, or in a receptacle other than a furnace, multiple chambered incinerator, or wood waste burner, with the exception of unexploded ordnance, small recreational fires (including bonfires), construction site heating devices used to warmworkers, or safety flares used to combust or dispose of hazardous or toxic gases at industrial facilities, such as refineries, gas sweetening plants,-oil and gas wells, sulfur recovery plants or elemental phosphorus plants. (13) "Residential Burning" means any outdoor burning conducted on a residential, farmor ranch property to dispose ofvegetative wastes. (14) "Salvage operation" means any operation conducted in whole or in part to salvage or reclaimany product or material, except the silvicultural practice commonly referred to as a salvage cut. (15) "Trade wastes" means solid, liquid or gaseous material resulting from construction or operation of any business, trade, industry or demolition project.Wood product industry wastes such as sawdust, bark, peelings, chips, shavings, branches, limbs and cull wood are considered trade wastes. Trade wastes do not include Christmas tree waste or wastes generally disposed of by residential outdoor burning or management outdoor burning, as defined in these regulations. 75.1 .404 OUTDOOR BURNING CONTROL AREAS: (1) Outdoor burning regulations shall apply to all outdoor burning activities within the boundaries of the Air Pollution Control District and/or Impact Zone L. The Department may issue restrictions and prohibit outdoor burning activities within these boundaries. (2) Restrictions and permitting regulations for Licensed landfills shall apply throughout the boundaries of Lincoln County. 75.1 .405 PROHIBITED MATERIALS &ACTIVITIES: (1) 40 Code of Federal Regulations (CFR) Part 261, which identifies and defines hazardous wastes, is hereby incorporated by reference. (2) Except as specifically provided under ARM 17.8 .604 for firefighter training, commercial film production and licensed landfills; the following materials may not be disposed of byoutdoor burning: (a) any waste moved fromthe premises where it was generated ; (b) food wastes; (c) styrofoamand other plastics; (d) wastes generating noxious odors; (e) wood and wood by-products that have been treated, coated, painted, stained, or contaminated by a foreign material, such as papers, cardboard, or painted or stained wood; (f) poultry litter; (g) animal droppings; (h) dead animals or dead animal parts; (i) tires; (j) rubber materials; (k) asphalt shingles; (1) tar paper; (m) automobile or aircraft bodies and interiors ; (n) insulated wire; (o) oil or petroleumproducts; (p) treated lumber and timbers; (q) pathogenic wastes; (r) hazardous wastes as defined by 40CFR Part 261 ; (s) trade wastes; (t) any materials resulting froma salvage operation; . (u) chemicals; (v) Christmas tree waste; (w) asbestos or asbestos-containing materials; (x) standing or demolished structures; and (y) paint. (3) The burning of stumps, the burning of grass clippings and leaves, and overnight smoldering of burns is prohibited. (4) Burning on any city or county street, road oralley is prohibited. (5) The use of burn barrels, or other unapproved devices, is prohibited. 75.1 .406 OUTDOOR BURNING PERIODS: Various types of outdoor burning activities are limited to the following time periods: (1) Residential burning - April 1 through April 30 : (a) Residential Outdoor Burning may be conducted during the month of April .(b) In the event of unduly wet or wintry weather conditions during the month ofApril, the Department may extend the residential burning season into the month of May. (c) No person may conduct residential outdoor burning at any other time during the year. (2) Management Burning - April 1 through October 31 :

(a) Management burns may be conducted throughout the management burning season of April 1 through October 31 . (3) Closed Burning Periods - November 1 through March 31 : (a) No person may conduct outdoor burning during the months of November, December, January, February and March. (b) The Department may authorize exceptions for emergency outdoor burning after receiving the following information: (i) facts establishing that alternative methods of disposing of the substance are not reasonably available; (ii) facts establishing that the substance to be burned poses an immediate threat to human health and safety or plant or animal life; (iii) the legal description or address of the site where the burn will occur; (iv) the amount of material to be burned; (v) the date and time of the proposed burn; and (vi) the date and time that the spill or incident giving rise to the emergency was first noticed. (c) Management burning in closed burning periods may be conducted based on a written demonstration of need froma fire protection agency and approval fromthe Department prior to each ignition. 75 .1 .407 GENERAL COMPLIANCE & PERMITTING REQUIREMENTS: (1) ~ Outdoor burning is allowed only on days with good ventilation/dispersion forecasts. The Department will make this determination based on available interagency meteorological information and local ambient particulate concentrations. (2) All residential burners shall apply for and receive an Air Quality Permit from the Department prior to initiating any outdoor burn. (3) All burners shall apply for and receive any necessary fire permit(s) fromthe jurisdictional fire protection agency prior to initiating any burn. (4) All burners shall use alternative disposal methods when reasonably available. (5) All burners shall utilize BACT. (6) All residential burners shall call the Air Quality Hotline at 293-5644 prior to ignition and comply with established burning hours and any burning bans or other announced restrictions. (7) All management burners shall contact the Department and receive approval prior to ignition of a planned burn. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (8) Prior to conducting any outdoor burning, all major open burning sources shall apply for and receive an air quality major open burning permit pursuant to ARM 17.8.610 . 75.1 .408 SPECIAL COMPLIANCE & PERM1771NG REQUIREMENTS: (1) FirefighterTraining:

(a) Prior to conducting outdoor burning sessions as part of their training program, Fire Departments shall apply for and receive a Firefighter Training Permit issued by DEQ . (b) Any person planning Firefighter Training outdoor burning shall contact the Department and receive approval prior to conducting the training 

### 10burn. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions . (c) Any person planning Firefighter training outdoor burning shall provide at least three weeks advance notice to all residents within a 1/4-mile or four-block radius of the proposed training site. The Department and County Health Officer shall evaluate any concerns about environmental or health impacts presented by surrounding residents prior to authorization or denial of the outdoor burning. (2) Commercial FilmProduction Burns: (a) Anyone planning to conduct Commercial FilmProduction outdoor burning shall apply for and receive a Commercial FilmProduction Permit issued by DEQ

. (b) Anyone planning Commercial FilmProduction outdoor burning shall contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (3) Fuel Hazard Reduction: (a) Any proposed burn for fuel hazard reduction must be designated as necessary by a fire protection agency. (b) Anyone planning Fuel Hazard Reduction outdoor burning shall contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (4) Licensed Landfill Burns (a) All licensed landfills within the boundaries of Lincoln County must : (i) Have an approved burn site, as designated in the solid Waste Management SystemLicense issued by the DEQ, pursuant to ARM Title 17, chapter 50, subchapter 5, before a Conditional Air

. Quality Open Burning permit may be issued.

(ii) Obtain a Conditional Air Quality Outdoor Burning Permit fromthe Department before burning. A new permit must be obtained for each burn. (iii) Comply with all conditions of the permit. (b) No licensed landfill within the boundaries of Lincoln County shall cause or allowthe burning of untreated wood waste unless they have first applied for and received a permit for such outdoor burning fromthe Department. (c) The Department may issue a conditional air quality open burning permit if the Department determines that: (i) alternative methods of disposal would result in extreme economic hardship to the applicant; and (ii) emissions fromopen burning will not endanger public health orwelfare or cause or contribute to a violation of any NAAQS/MAAQS. (d) The Department must be reasonable when determining whether alternative methods of disposal would result in extreme economic hardship to the applicant. (e) Conditional outdoor burning must conformwith BACT. (f) The Department may issue a conditional airquality outdoor permit to dispose of untreated wood waste at a licensed landfill site, if the Department determines that : (i) the proposed open burning will occur at an approved burn site as designated in the solid waste management systemlicense issued by DEQpursuant to ARM title 17, chapter 50, subchapter 5; and(ii) prior to the issuance of the air quality open burning permit, the wood waste pile is inspected by the Department or its designated representative and no prohibited materials listed in 75.1 .405(2), other than wood waste, are present. (g) A permit issued under this rule is valid for a single burn of untreated wood waste at licensed landfill sites. Anew permit must be obtained for each burn. (h) The Department may place any reasonable requirements in a conditional air quality open burning permit that it determines will reduce emissions of air pollutants or minimize the impact of emissions and the recipient of a permit must adhere to those conditions. (i) An application for a conditional air quality open burning permit must be made on a formprovided by the Department. The applicant shall provide adequate information to enable the Department to determinewhether the application satisfies the requirements for a conditional air quality open burning permit contained in this rule. Proof of publication of public notice, as required in section (j) of this rule, must be submitted to the Department before an application will be considered complete. (j) An applicant for a conditional air quality open burning permit shall notify the public of the application by legal publication, at least once, in a newspaper of general circulation in the area affected by the application. The notice must be published no sooner than 10 days prior to submittal of an application and no later than ten days after submittal of an application . Formof the notice must be provided by the Department and must include a statement that public comments may be submitted to the Department concerning the application within 20 days after publication of notice or filing of the application, whichever is later. Asingle public notice may be published for multiple applications. (k) When the Department approves or denies the application for a permit under 75.1 .408(4), a person who is jointly or severally adversely affected by the decision may request a hearing before the Lincoln County Board of Health. The request for hearing must be filed within 15 days after the Department renders its decision and must include an affidavit setting forth the grounds for the request. The Department's decision on the application is not final unless 15 days have elapsed fromthe date of the decision and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the Department's decision until the conclusion of the hearing and issuance of a final decision by the Lincoln County Board of Health. 75.1 .409 PENALTY ASSESSMENTS: (1) Any person who violates any provision of these regulations or any provision of any directive, action, permit, or approval adopted pursuant to the authority granted by these regulations, except for intentional violations of Section 75.1 .405(2)(r), shall be, upon conviction, punished by a fine not less than $25 and not more than $200for each offense. Violations of Section 75.1 .405(2)(r), burning hazardous wastes as defined by 40 CFR Part 261, shall be, upon conviction, punished by a fine not to exceed $10,000per day per violation. (2) Each day of violation shall be considered a separate offense.G O A

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# 2

# 3

### PUBLIC HEARING OF LINCOLNCOUNTYANDTHE CITY OF LIBBY

FEBRUARY27, 2006- 7 P.M . PONDEROSAROOM - CITY HALL City Council President Charlene Leckrone called the public hearing to order at 7:00p.m . and led the pledge of allegiance. Lincoln County Commissioners. Windom, Konzen, Lincoln County Administrator Bischoff and Ron~ Anderson and Kendra Lind fromthe Lincoln County Environmental Health were present. Also present were Ltbby City Council members Bothman, Leclffone, McElmurry, and Roll, City Services Supervisor DanThede, and City Clerk ChrisErickson. Council member Crismorewas absent. . Apublic hearing was held to listento pros and cons fromthepublic regarding the revised Lincoln CountyAir Pollution Control Ordinance that was stated for adoption. RonAnderson, Director of Lincoln County Environmental Health, gave a briefoverview of the health and environment regulations set for by the Environmental Protection Agency and explainedthe reason for adoption ofthe ordinance. The followingpublic was heard: Alvin Bennett discussed new construction regulations; Duane Williams inquired about fireplace regulations; Debra Spranlcel had questions regarding the monitoring capabilities ofsuch aprogram ; VanSwearingen inquired as to the accuracy of the scientific nature ofthe testing; and Jamie Brebner asked aboutwood cook stoves that arenot used forheating . Kendra Lind fromthe Lincoln . County Environmental Health answered general questions regarding the air quality regulations, outdoor burning regulations, .

the wood stove change out program

that has been implemented and the dust control portion ofthe ordinance:

Charlene-l-etI55p~City Council President 

### ATTBST: 

## >

. Chris A . Erickson, City Clerk

### Lincoln County Commissioners Minutes ofmeeting February 27, 2006 The Board of Lincoln County Commissioners met for a special session in the Ponderosa Roomat the Libby City Hall Complex. Present were Commissioners Rita R . Windom and John C

. Konzen, and Executive Assistant, Bill Bischoff. Commissioner Marianne Roose had aprior commitment and was unable to attend. The meetingwas convened by acting Chairman RitaWindomafter the public comment period held for the revisions to the Lincoln County Air Pollution Control Program regulations

. The only itemonthe agendawas action on the proposed resolution for adopting the revised regulations. Commissioner Konzen made amotion topass Resolution No . 725 . Commissioner Windomseconded the motion. The motion passed unanimously . The meeting was then adjoumed. Approved:

ta R . Windom

;Acting chairman

### RESOLUTION NO . 7 .2-5 -- WHEREAS, the Board of Lincoln County Commissioners feels it necessary to adopt such revisions to the 6January, 1993, Lincoln CountyAir Pollution Control Ordinance as are required by the Environmental Protection Agencyto approve inclusion ofthis ordinance in the Libby SIP; and WHEREAS, the absence of E.P.A. approved local airpollution control regulation would result in the implementation ofFederally mandated regulations which could cause severe hardship, economic and otherwise, upon a substantial number ofcitizens of Lincoln County; and WHEREAS, the proposed revisions to the Lincoln CountyAir Pollution Control Program contain certain provisions regarding outdoorburning which aremore stringent than comparable state or federal standards, pursuant to 75-2-301 (4), the Lincoln County Commission finds that, based on information, peer-reviewed scientific studies, and other evidence submitted into the record in proceedings deliberating this matter, the proposed revisions: " protectpublic health or the environment ofaffected areas Lincoln County; " can mitigate harm

to the environment to thepublic health or the environment; and " are achievable with current technology. The Lincoln County Commission also acknowledges information submitted into the record regarding costs to the regulated community that are directlyattributed to theproposed revisions. NOW THEREFORE BE IT RESOLVEDthat the Lincoln County Commission hereby approves and adopts the proposed revisions to the Lincoln CountyAirPollution Control Program which are attached to and made apart ofthis Resolution and directs the same to be submitted, together with all pertinent evidence as required by 75-2-301, MCA, to the Montana Board of Environmental Review, to be effective upon approval by such Board ; and BE IT FURTHERRESOLVEDthat the Lincoln County Commission recommends the Governor ofthe state ofMontana submit the revisions to the Lincoln CountyAir Pollution Program

forinclusion into the Montana state implementation plan. 

### DONE 1NSESSIONthis 27~' day of February, 2006 . LINCOLNCOUNTY BOARDOF COMMISSIONERS



# . Marianne B

. Roose, Chairman

ATTEST: 

### Coral M

. Cummi .ngs, Clerk ofthe B9

### HEALTHAND ENVIRONMENT REGULATIONS CHAPTER 1 : Control of Air Pollution Subchapter 1 : General Provisions (Revised 27 February 2006) 75.1 .101 INTENT: The purpose of this chapter is to achieve and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, and facilitate the enjoyment of the natural attractions of Lincoln County. 75 .1 .102: SCOPE: Unless otherwise indicated, the rules of Chapter 1 apply to activities and sources within the Air Pollution Control District. 75.1 .103 DEFINITIONS: As used in this chapter, unless indicated otherwise, the following definitions apply: (1) "Air Contaminant" means dust, ash, fumes, gas, mist, smoke, vapor or any particulate matter or a combination thereof present in the outdoor atmosphere . (2) "Air Pollution Control District" means the geographical area designated on the attached map and as defined by the following Universal Transverse Mercator (UTM) coordinates: Begin, 600000mE, 5370000mN ; east to 620000mE, 5370000mN; south to 620000mE, 5340000mN; west to 600000mE, 5340000mN; north to 600000mE, 5370000mN. (3) "Department" means the Lincoln County Environmental Health Department. (4) "DEQ" means the Montana Department of Environmental Quality. (5) "Emission" means a release into the outdoor atmosphere of an air contaminant. (6) "EPA" means the US Environmental Protection Agency. (7) "MAAQS" means Montana Ambient Air Quality Standards. (8) "NAAQS" means National AmbientAir Quality Standards. (9) "Person" means an. individual, a partnership, a firm, an association, a municipality, a public or private corporation, the state or a subdivision or agency of the state, a trust, an estate, an interstate body, the federal government or an agency of the federal government, or any other legal entity and includes persons resident in Canada. (10) "PM

10" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 10 micrometers. (11) "PM2.5" means particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometers. 75 .1 .104 SELECTION & IMPLEMENTATION OF CONTINGENCY MEASURE PROGRAMS: (1) Upon notification by DEQor EPAthat the Air Pollution Control District has failed to attain NAAQS/MAAQS or make reasonable further progress in reducing emissions, the Department shall determine the source(s) contributing to the violation and designate the associated contingency measure(s) to be implemented. The Department shall identify sources of contribution based upon documented observations of emission sources and corresponding EPA reference method monitoring data. (2) Unless otherwise prohibited by Section 75.1 .104(2)(d), and within 60days of notification fromDEQor EPA, the Department shall implement the following contingency measure(s) to reduce emissions froma source(s) identified as a contributor. (a) If residential wood burning is determined to be a contributing source, the Departmentshall implement Section 75.1 .208.(b) If re-entrained dust is determined to be a contributing source, the Department shall implement Section 75.1 .307. (c) If industrial facility emissions are determined to be a contributing source, DEQshall initiate contingency measures to reduce emissions. (d) The Department shall address failure to attain NAAQS or to make reasonable further progress in reducing emissions attributable to natural events or impacts generating activities occurring outside state or local jurisdictional control according to EPApolicy while initiating interim contingency measures at the local level . (e) If no emission source(s) can be identified as a contributor, the Department shall conduct a comprehensive review, including chemical and microscopic filter analysis. Until such time as the reviewand analyses have been completed, the Department shall implement at least one of the above contingency measures on an interim basis. Any selected interim contingency measure(s) shall remain in effect until the Department completes a comprehensive reviewand determines whether a permanent contingency measure is necessary. (3) Early voluntary implementation of a contingency measure shall not result in a requirement to develop additional moderate area contingency measures if the area later fails to attain the NAAQS/MAAQS or make reasonable further progress in reducing emissions. However, redesignation could necessitate additional control measures including BestAvailable Control Measures (BACM), Best Available Control Technology (BACT) and/or additional contingency measures. 75.1 .105 ENFORCEABILITY: The provisions of the regulations in this ordinance are enforceable by the Lincoln County Environmental Health Department authorities and/or appropriate law enforcementofficials. 75.1 .106 CONFLICT OF ORDINANCES: (1) In any case where a provision of these regulations is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of any City of, Town of, or of the County of Lincoln, the provision which, in the judgment of the Health Officer, established the higher standard for the promotion and protection of the health and safety of the people shall prevail . (2) If any portion of these regulations should be declared invalid for any reason whatsoever, such decision shall not affect the validity of the remaining portion(s) of the ordinance and such portions shall remain in full force and effect. SUBCHAPTER2: SOLID FUEL BURNING DEVICE REGULATIONS 75 .1 .201 INTENT: (1) A regulation reducing the levels of particulate air pollutants to or below levels of the NAAQS/MAAQS. (2) This regulation is necessary to preserve, protect, improve, achieve and maintain such levels of air quality as will protect the health and welfare of the citizens of Lincoln County. 75.1 .202 SCOPE AND EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the Air Pollution Control District except for sources exempt fromlocal regulation under 75-2-301(5), MCA . (2) The effective date of this sub-chapter is January 1, 2007 . 75.1 .203 DEFINITIONS: As used in this subchapter, unless indicated otherwise, thefollowing definitions apply:(1) "Opacity" means a measurement of visible emissions defined as the degree expressed in percent to which emissions reduce the transmission of light and obscure the view

of an object in the background. (2) "Operating Permit" means a permit issued by the Department that allows the use of a solid fuel burning device within the boundaries of the Air Pollution Control District. (3) "Pellet Fuel Burning Device" means a solid fuel burning device that burns only automatically fed biomass, pelletized fuels. (4) "Solid Fuel Burning Device" means any fireplace, fireplace insert, wood stove, pellet stove, pellet furnace, wood burning heater, wood-fired boiler, wood or coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic, cooking or heating purposes which has a rated capacity of less than 1,000,000 BTU's per hour. (5) "Standard Catalytic Device" means a solid fuel burning device with a catalytic emissions control systemthat has been certified by EPA test method as having emissions <4.1 grams/hour. (6) "Standard Non-Catalytic Device" means a solid fuel burning device with a non-catalytic emissions control systemthat has been certified by EPA test method as having emissions <7.5 grams/hour. 75.1 .204 OPERATING 8 . EMISSION LIMITS: (1) No person may install or operate any type of solid fuel burning device without a valid Operating Permit issued by the Department. (2) No person may burn any material in a solid fuel burning device except uncolored newspaper, untreated wood and lumber, and products manufactured for the sole purpose of use as a solid fuel . Products manufactured or processed for use as solid fuels must conformto any other applicable provisions of this subchapter. (3) In the absence of an Air Pollution Alert, no person operating a solid fuel burning device may cause or allowthe discharge ofvisible emissions greater than twenty percent opacity. The provisions of this section do not apply to visible emissions during the building of a new fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. (4) During an Air Pollution Alert, no person operating a solid fuel burning device that is permitted for use during an Alert may cause or allowthe discharge ofvisible emissions greater than ten percent opacity. The provisions of this subsection shall not apply during the building of a new fire, for a period or periods aggregating no more than twenty minutes in any four-hour period. No person may operate a standard catalytic or non-catalytic solid fuel burning device during an Air Pollution Alert. 75.1 .205 SOLID FUEL BURNING DEVICE PERMITS: (1) Prior to installing or operating a solid fuel burning device in any residential or commercial property, a person shall apply to the Departmentfor a permit and provide the following information: (a) the owner/operator of the device; (b) contact information for the device owner/operator; (c) location of the device; (d) device manufacturer & model ; (e) type of device (rating) ; and (f) any other relevant information for the Department to determine whether it satisfies the requirements of this regulation. (2) The Department may issue Operating Permits for the following types of solid fuel burning devices: (a) Standard catalytic devices. The Department may issue an Operating Permit for a catalytic solid fuel burning device. Standard catalytic devices may not be operated during an Air Pollution Alert. Implementationof the contingency measure in 75.1 .208 would automatically invalidate the operating permit for this type of device. (b) Standard non-catalytic devices. The Department may issue an Operating Permit fora non-catalytic solid fuel burning device. Standard non-catalytic devices may not be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208 would automatically invalidate the operating permit for this type of device. (c) Pellet fuel burning devices . The Department may issue an operating permit for a biomass pellet fuel burning device. Pellet fuel burning devices may be operated during an Air Pollution Alert. Implementation of the contingency measure in 75.1 .208 would not invalidate the operating permit forthis type of device. (3) Unless otherwise invalidated by implementation of a contingency measure or future changes in solid fuel burning device regulations, Operating Permits are valid until the named owner/operator changes or the device is removed or modified in any way. Permits may not be transferred fromperson to person or fromplace to place. (4) An Operating Permit for a solid fuel burning device may be revoked by the Department for non-compliance with these regulations or Operating Permit conditions. 75.1 .206 AIR POLLUTION ALERTS: (1) The Department may declare an Air Pollution Alert to be in effectwhenever ambient PM

concentrations, as averaged over a four hour period, exceed a level 20 percent below

any state or federal ambient 24-hour standard established for particulate matter; and when scientificand meteorological data indicate the average concentrations will remain at or above these levels over the next 24 hours. (2) The Department may also declare an Air Pollution Alert to be in effect whenever scientific and meteorological data indicate that the ambient PM concentrations over any four-hour period within the next twenty-four hours may reasonably be expected to exceed a level 20 percent below any state orfederal ambient 24-hour standard established for particulate matter. (3) No person shall be subject to any violation of 75.1 .204(4) for three hours after the Department declares an Air Pollution Alert and makes that information reasonably available to the public. 75.1 .207 PENALTY ASSESSMENTS: (1) The Department shall issue a "Notice of Violation" for any documented violation. The first notice ofviolation issued is a warning to the violator and will include educational and compliance information on air pollution regulations. (2) For a second and any subsequent violations, the Department shall process each notice ofviolation for a Civil Penalty Assessment of $25.00 per violation. (3) No person or entity may be cited for a violation more than once in any calendar day. However, the Department may issue a notice of violation for each calendar day of violation and each such notice is considered as a separate violation. 75.1 .208 CONTINGENCY MEASURES: (1) If compliance with NAAQS/MAAQS are not achieved or compliance levels are not maintained, and the Department determines that solid fuel burning device emissions are a contributor to non-compliance, the Department shall implement the following control measure: (a) . No person may operate a solid fuel burning device except a biomass pellet fuel burning device with a valid operating permit issued by the Department.SUBCHAPTER 3: DUST CONTROL REGULATIONS: Control Measures For Roads, Parking Lots And Commercial Lots 75.1 .301 INTENT: Regulations enacting an emission control plan within the Air Pollution Control District to meet NAAQS for particulate matter by requiring dust abatement and control . 75 .1 .302 SCOPE 8 EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the "Regulated Road Sanding and Sweeping District." (2) The effective date of this subchapter is January 1, 2007. 75.1 .303 DEFINITIONS: As used in this subchapter, unless indicated otherwise, the following definitions apply: (1) "Areas of Public Safety Concern" means specific areas that may include, but are not necessarily limited to: roadways with steep grade hills; roadways around public school facilities; and parking areas for medical, senior or public school facilities. (2) "Commercial Yard/Lot" means a parcel of land located off the public right-ofway with uses that may include, but are not necessarily limited to, logging yards, bus lots, store and shopping parking areas, construction firms, trucking/transportation firms, and industrial facility sites. (3) "Emergency Situation" means a situation when: (a) Liquid de-icing agents and/or de-icing salts become unavailable due to circumstances beyond the control of the person, government or private entity maintaining a roadway, alley, parking lot or commercial yard/lot or; -(b) due to extreme weather conditions, or hazardous roadways, liquid de-icing agents and/or de-icing salts do not provide adequate traction for publicsafety. (4) "Parking Lot" means a parcel of land located off of the public right-of-way which is not less than 5,000square feet in size and which is primarily used for the temporary storage of motor vehicles. A parking lot as used in this regulation does not include lots for the storage of special mobile equipment as defined in 61-1- 101(59), MCA

. (5) "Prioritized Street Sweeping and Flushing" means a schedule of street sweeping and/or flushing which cleans streets with the highest trafficvolumes first and proceeds in descending order of traffic volume to streets with the lowest traffic volume. When all ice-free streets have been cleaned the cycle is immediately repeated. (6) "Reasonably Available Control Technology" means (a) During winter, prioritized street sweeping and flushing of streets with accumulated carry-on or applied materials shall commence on the first working day after the roadbed becomes ice-free and temperatures remain above freezing. ' (b) During summer, street sweeping and/or flushing which is accomplished on an as-needed basis to remove any accumulated carry-on or applied materials, with priority given to streets with the highest traffic volumes. (7) "Regulated Road Sanding and Sweeping District" means the geographical area designated by the attached map, wherein the regulations of this sub-chapter apply, and defined as follows: Point of beginning: intersection of Pipe Creek Road and Highway 37 North, follow Highway 37 south to Thomas Road then west-northwest along the Kootenai River to the west end ofJay-Effar Road; then west-southwest across Highway 2 to ParsnixWay ; then south-southeast along the base of the foothills, crossing Flower Creek Road and Main Avenue, to Reese court; then south along Cabinet Heights Road and Westgate to Snowshoe Road; then North-northeast on Shaughnessy Road to Highway 2; then east to Libby Creek; then north following the streambank of Libby Creek to the Kootenai River; then west-northwest along the Kootenai River to Highway 37; then north on Highway 37 to the point of beginning. (8) "Road" means any road or alley which is greater than 50-feet in length and which has or is projected to have an average traffic volume greater than 50vehicles per day. (9) "Summer" means the months of May, June, July, August, September and October. (10) "Winter" means the months of November, December, January, February, March and April . 75.1 .304 LIMITATION ON USE AND ON APPLICATION OF MATERIALS: (1) No person may allow vehicular operation on any road, parking lot or commercial yard/lot that is not paved or otherwise surfaced or treated to prevent vehicular carry-on and wind-borne entrainment of dust. (a) If an emergency situation arises that requires vehicular operation in/on an untreated area, the Department may authorize utilization of the area during the course of the emergency provided alternative methods are implemented to minimize carry-on or entrainment. (2) With the exception of "Emergency Situations" and "Areas of Public Safety Concern", sanding materials may not be applied. Only liquid de-icing agents and/or de-icing salts may be used on roads, parking lots and commercial yards/lots. (3) No person may place any sanding or chip seal material on any road, parking lot or commercial yard/lotwhich has a durability, as defined by the Montana Modified LAAbrasion Test, of greater than 7, and a fines content of material smaller than 200 mesh, as determined by standard wet sieving methods, that exceeds 3 percent oven dry weight. (4) A person, prior to application, shall test materials proposed for use as sanding or chip seal material and provide the Department laboratory test data demonstrating that the material meets the specified requirements fordurability and fines content. 75.1 .305 STREET SWEEPING & FLUSHING: (1) Any person responsible for the maintenance of a road shall implement and maintain a schedule of prioritized street sweeping and flushing. (2) Reasonably available control technology shall be utilized to assure timely removal of carry-on or applied accumulations fromall roads. 75.1 .306 SPECIFIC MEASURES FOR COMMERCIAL YARDS/LOTS: (1) Operators ofall commercial yards/lots shall implement measures to prevent the collection and deposition of dust fromequipment wheels and chassis. (2) Operators ofall commercial yards/lots shall implement dust suppression measures (chemical dust suppressants, dust oiling, watering, etc.) in bare, undeveloped areas of the property(ies) to eliminate fugitive air-born dust. (3) Operators of all commercial yards/lots shall clean carry-on material generated fromtheir facility fromadjoining roadways in a timely manner . 75.1 .307 CONTINGENCY MEASURES: (1) If compliance with NAAQS is not achieved or compliance levels are not maintained, and the Department determines that re-entrained dust emissions contribute to non-compliance, the Department shall implement the following control measure:(a) The Regulated Road Sanding and Sweeping District shall be extended to the boundaries of the Air Pollution Control District. (b) Control measures in place for the Regulated Road Sanding and Sweeping District shall apply throughout the entire Air Pollution Control District . 75 .1 .308 MATERIALS APPLICATION OUTSIDE THE DISTRICT: (1) For all areas of the Air Pollution Control District that lie outside of the Regulated Sanding and Sweeping District, each person or government or private entity is strongly encouraged to reduce the amount of sanding materials applied, taking into consideration public safety and airquality. (2) Outlying areas and lowtraffic volume roads should have a lowpriority. (3) Residential areas may receive less sanding material because of lower speeds. (4) Adding salt compounds to conventional sanding materials reduces the total amount of sand applied. (5) Vehicles used forwinter driving should be equipped with winter tires or traction devices.

SUBCHAPTER4: OUTDOOR BURNING REGULATIONS 75.1 .401 INTENT: (1) Local geographic features and concentrations of populations in Libby and the immediate surrounding area necessitate rules and regulations concerning the outdoor burning ofwaste materials. (2) Experience has demonstrated that air quality degradation and public health problems are often associated with the improper burning ofwaste materials in both urban and suburban areas. (3) The purpose of this regulation is to improve air quality and meet NAAQS/MAAQS for particulate matter by restricting non-essential outdoor burning, promoting alternative disposal methods and recycling, and setting standards to Minimize emissions when outdoor burning is required. 75.1 .402: SCOPE AND EFFECTIVE DATE: (1) This regulation applies to all persons, agencies, institutions, businesses, industries or government entities living in or located within the boundaries of the Air Pollution Control District and Impact Zone L and to all licensed landfills within the boundaries of Lincoln County. (2) The effective date of this sub-chapter is April 15, 2006 . 75.1 .403 DEFINITIONS: (1) "BestAvailable Control Technology" (BACT) means those techniques and methods of controlling emissions of pollutants froman existing or proposed outdoor burning source which limit those emissions to the maximumdegree which the Department determines, on a case-by-case basis, is achievable for that source, taking into account impacts on energy use, the environment, and the economy, and any other costs, including cost to the source. Such techniques and methods may include the following: scheduling of burning during periods and seasons of good ventilation; applying dispersion forecasts; utilizing predictive modeling results performed by and available from DEQto minimize smoke impacts; limiting the amount of burning to be performed during any one time; using ignition and burning techniques which minimize smoke production; selecting fuel preparation methods that will minimize dirt and moisture content; promoting fuel configurations which create an adequate air to fuel ratio; prioritizing burns as to air quality impact and assigning control techniques accordingly;promoting alternative treatments and uses of materials to be burned; and selecting sites that will minimize smoke impacts. BACT for all residential and management outdoor burning includes burning only as authorized by and during the time periods specified by the Department . (2) "Bonfire" means a ceremonial fire or small recreational fire, in which the materials burned are cordwood or clean untreated dimensional wood and which is conducted by an educational, fraternal or religious organization for the purpose of celebrating a particular organization-related event or for a social gathering, picnic, campout, fireside singalong, etc. (3) "Christmas Tree Waste" means wood waste fromcommercially grown Christmas trees left in the field where the trees were grown, after harvesting and onsite processing. (4) "Conditional Open Burning Permit" means a permit issued to conduct outdoor burning at a licensed landfill . (5) "Emergency outdoor burning" means an event beyond individual control that necessitates the use of outdoor burning in order to dispose of a substance that poses an immediate threat to public health and safety, or plant or animal life, and for which no alternative method of disposal is reasonably available. (6) "Impact Zone L" means all of the land within the following boundaries: Beginning at Kootenai Falls, going southeast to Scenery Mountain, then south to Indian Head, then south to Treasure Mountain, then south to Mount Snowy, then east to Double N Lake, then across Highway 2 going northeast to McMillan Mountain, then north to Swede Mountain, then northeast across Highway 37 to the Vermiculite Mine, then west to Sheldon Mountain, then west-northwest to Flagstaff Mountain, then southwest to Kootenai Falls, the point of beginning. (7) "Libby Outdoor Burning Control Area" means all of the land included with the boundaries of the Air Pollution Control District and Impact Zone L, including the City of Libby. (8) "Licensed Landfill" means a solid waste disposal site that is licensed for operation by DEQ

. (9) "Licensed Landfill Outdoor Burning" means burning at a licensed landfill pursuant to a conditional outdoor burning permit. (10) "Major Open Burning Source" means any person, agency, institution, business or industry conducting any outdoor burning that, on a statewide basis, will emit more than 500 tons per calendaryear of carbon monoxide or 50 tons per calendar year of any other pollutant regulated underARM 17.8.101 et seq., except hydrocarbons. (11) "Management Burning" means any person, agency, institution, business or industry conducting any outdoor burning for any purpose except residential burning, including forestry/wildlife management, licensed landfill management, firefighter training exercises, commercial film productions, or fuel hazard reduction which is designated as necessary by a fire protection agency. (12) "Outdoor Burning" means the combustion of any material directly in the open air without a receptacle, or in a receptacle other than a furnace, multiple chambered incinerator, or wood waste burner, with the exception of unexploded ordnance, small recreational fires (including bonfires), construction site heating devices used to warm workers, or safety flares used to combust or dispose of hazardous or toxic gases at industrial facilities, such as refineries, gas sweetening plants, oil add gas wells, sulfur recovery plants or elemental phosphorus plants. (13) "Residential Burning" means any outdoor burning conducted on a residential, farmor ranch property to dispose of vegetative wastes. (14) "Salvage operation" means any operation conducted in whole or in part to salvage or reclaimany product or material, except the silvicultural practice commonly referred to as a salvage cut. (15) "Trade wastes" means solid, liquid or gaseous material resulting from construction or operation of any business, trade, industry or demolition project.Wood product industry wastes such as sawdust, bark, peelings, chips, shavings, branches, limbs and cull wood are considered trade wastes. Trade wastes do not include Christmas tree waste or wastes generally disposed of by residential outdoor burning or management outdoor burning, as defined in these regulations . 75.1 .404 OUTDOOR BURNING CONTROL AREAS: (1) Outdoor burning regulations shall apply.to all outdoor burning activities within the boundaries of the Air Pollution Control District and/or Impact Zone L. The Department may issue restrictions and prohibit outdoor burning activities within these boundaries. (2) Restrictions and permitting regulations for Licensed landfills shall apply throughout the boundaries of Lincoln County. 75.1 .405 PROHIBITED MATERIALS & ACTIVITIES: (1) 40 Code of Federal Regulations (CFR) Part 261, which identifies and defines hazardous wastes, is hereby incorporated by reference. (2) Except as specifically provided underARM 17.8.604 forfirefighter training, commercial filmproduction and licensed landfills; the following materials may not be disposed of by outdoor burning: (a) any waste moved fromthe premises where it was generated; (b) food wastes; (c) styrofoamand other plastics; (d) wastes generating noxious odors; (e) wood and wood by-products that have been treated, coated, painted, stained, or contaminated by a foreign material, such as papers, cardboard, or painted or stained wood; (f) poultry litter; (g) animal droppings; (h) dead animals or dead animal parts; (i) tires; (j) rubber materials; (k) asphalt shingles; (1) tar paper, (m) automobile or aircraft bodies and interiors; (n) insulated wire; (o) oil or petroleumproducts ; (p) treated lumber and timbers; (q) pathogenic wastes; (r) hazardous wastes as defined by 40 CFR Part 261 ; (s) trade wastes; (t) any materials resulting froma salvage operation; (u) chemicals; (v) Christmas treewaste; (w) asbestos or asbestos-containing materials; (x) standing or demolished structures; and (y) paint. (3) The burning of stumps, the burning of grass clippings and leaves, and overnight smoldering of burns is prohibited. (4) Burning on any city or county street, road or alley is prohibited . (5) The use of burn barrels, or other unapproved devices, is prohibited . 75.1 .406 OUTDOOR BURNING PERIODS: Various types of outdoor burning activities are limited to the following time periods: (1) Residential burning -April 1 through April 30 : (a) Residential Outdoor Burning may be conducted during the month of April .(b) In the event of unduly wet or wintry weather conditions during the month ofApril, the Department may extend the residential burning season into the month of May. (c) No person may conduct residential outdoor burning at any other time during the year. (2) Management Burning -April 1 through October 31 : (a) Management burns may be conducted throughout the management burning season ofApril 1 through October 31 . (3) Closed Burning Periods - November 1 through March 31 : (a) No person may conduct outdoor burning during the months of November, December, January, February and March. (b) The Department may authorize exceptions for emergency outdoor burning after receiving the following information: (i) facts establishing that alternative methods of disposing of the substance are not reasonably available; (ii) facts establishing that the substance to be burned poses an immediate threat to human health and safety or plant or animal life; (iii) the legal description or address of the site where the burn will occur; (iv) the amount of material to be burned; (v) the date and time of the proposed burn; and (vi) the date and time that the spill or incident giving rise to the emergency was first noticed. (c) Management burning in closed burning periods may be conducted based on a written demonstration of need froma fire protection agency and approval fromthe Department prior to each ignition. 75 .1 .407 GENERAL COMPLIANCE 8z PERMITTING REQUIREMENTS: (1)~ Outdoor burning is allowed only on days with good ventilation/dispersion forecasts. The Departmentwill make this determination based on available interagency meteorological information and local ambient particulate concentrations. (2) All residential burners shall apply for and receive an Air Quality Permit from the Department prior to initiating any outdoor burn. (3) All burners shall apply for and receive any necessary fire permit(s) fromthe jurisdictional fire protection agency prior to initiating any burn. (4) All burners shall use alternative disposal methods when reasonably available. (5) All burners shall utilize BACT . (6) All residential burners shall call the Air Quality Hotline at 293-5644 prior to ignition and comply with established burning hours and any burning bans or other announced restrictions. (7) All management burners shall contact the Department and receive approval prior to ignition of a planned burn. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (8) Prior to conducting any outdoor burning, all major open burning sources shall apply for and receive an air quality major open burning permit pursuant to ARM 17.8.610 . 75.1 .408 SPECIAL COMPLIANCE & PERMITTING REQUIREMENTS: (1) Firefighter Training: (a) Prior to conducting outdoor burning sessions as part of their training program, Fire Departments shall apply for and receive a Firefighter Training Permit issued by DEQ

. (b) Any person planning Firefighter Training outdoor burning shall contact the Department and receive approval prior to conducting the trainingburn. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (c) Any person planning Firefighter training outdoor burning shall provide at least three weeks advance notice to all residents within a 1/4-mile or four-block radius of the proposed training site. The Department and County Health Officer shall evaluate any concerns about environmental or health impacts presented by surrounding residents prior to authorization or denial of the outdoor burning. (2) Commercial FilmProduction Burns : (a) Anyone planning to conduct Commercial FilmProduction outdoor burning shall apply for and receive a Commercial FilmProduction Permit issued by DEQ

. (b) Anyone planning Commercial FilmProduction outdoor burning shall

. contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (3) Fuel Hazard Reduction: ' (a) Any proposed burn for fuel hazard reduction must be designated as necessary by a fire protection agency. (b) Anyone planning Fuel Hazard Reduction outdoor burning shall contact the Department and receive approval prior to conducting outdoor burning. The Department may authorize, restrict, or prohibit proposed burns after reviewing meteorological dispersion forecasts and local conditions. (4) Licensed Landfill Burns (a) All licensed landfills within the boundaries of Lincoln County must : (i) Have an approved burn site, as designated in the solid Waste Management SystemLicense issued by the DEQ, pursuant to ARM Title 17, chapter 50, subchapter 5, before a Conditional Air

. Quality Open Burning permit may be issued.

(ii) Obtain a Conditional Air Quality Outdoor Burning Permit fromthe Department before burning. A new permit must be obtained for each burn. (iii) Comply with all conditions of the permit. (b) No licensed landfill within the boundaries of Lincoln County shall cause or allowthe burning of untreated wood waste unless they have first applied for and received a permit for such outdoor burning fromthe Department. (c) The Department may issue a conditional air quality open burning permit if the Department determines that: (i) alternative methods of disposal would result in extreme economic hardship to the applicant ; and (ii) emissions fromopen burning will not endanger public health or welfare or cause or contribute to a violation of any NAAQS/MAAQS. (d) The Department must be reasonable when determining whether alternative methods of disposal would result in extreme economic hardship to the applicant. (e) Conditional outdoor burning must conformwith BACT. (f) The Department may issue a conditional air quality outdoor permit to dispose of untreated wood waste at a licensed landfill site, if the Department determines that: (i) the proposed open burning will occur at an approved burn site as designated in the solid waste management systemlicense issued by DEQ pursuant to ARM title 17, chapter 50, subchapter 5; and(ii) prior to the issuance of the air quality open burning permit, the wood waste pile is inspected by the Department or its designated representative and no prohibited materials listed in 75.1 .405(2), other than wood waste, are present. (g) A permit issued under this rule is valid for a single burn of untreated wood waste at licensed landfill sites. A new permit must be obtained for each burn. (h) The Department may place any reasonable requirements in a conditional air quality open burning permit that it determines will reduce emissions of air pollutants or minimize the impact of emissions and the recipient of a permit must adhere to those conditions. (i) An application for a conditional air quality open burning permit must be made on a formprovided by the Department. The applicant shall provide adequate information to enable the Department to determine whether the application satisfies the requirements for a conditional air quality open burning permit contained in this rule. Proof of publication of public notice, as required in section (j) of this rule, must be submitted to the Department before an application will be considered complete. (j) An applicant for a conditional air quality open burning permit shall notify the public of the application by legal publication, at least once, in a newspaper of general circulation in the area affected by the application . The notice must be published no sooner than 10days prior to submittal of an application and no later than ten days after submittal of an application . Formof the notice must be provided by the Department and must include a statement that public comments may be submitted to the Department concerning the application within 20days after publication of notice or filing of the application, whichever is later. A single public notice may be published for multiple applications. (k) When the Department approves or denies the application for a permit under 75.1 .408(4), a person who is jointly or severally adversely affected by the decision may request a hearing before the Lincoln County Board of Health. The request for hearing must be filed within 15 days after the Department renders its decision and must include an affidavit setting forth the grounds for the request. The Department's decision on the application is not final unless 15 days have elapsed fromthe date of the decision and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the Department's decision until the conclusion of the hearing and issuance of a final decision by the Lincoln County Board of Health. 75.1 .409 PENALTY ASSESSMENTS: (1) Any person who violates any provision of these regulations or any provision of any directive, action, permit, or approval adopted pursuant to the authority granted by these regulations, except for intentional violations of Section 75.1 .405(2)(r), shall be, upon conviction, punished by a fine not less than $25 and not more than $200 for each offense. Violations of Section 75.1 .405(2)(r), burning hazardous wastes as defined by 40 CFR Part 261, shall be, upon conviction, punished by a fine not to exceed $10,000 per day per violation. (2) Each day of violation shall be considered a separate offense,0 -'r~-

0

`

# 5

### NOTICE OF PUBLIC HEARING REGARDING PROPOSED REVISIONS

TO THE LINCOLN COUNTY AIR POLLUTION CONTROL PROGRAM On Monday, February 27, 2006, at 7:OOpm, in the Ponderosa Roomat 952 E. Spruce Street, the Libby City Council and the Lincoln County Commissioners will hold a joint public hearing to take comment on: (1) proposed changes to the county air pollution control regulations; and (2) the incorporation of proposed changes into the Montana State Implementation Plan. The proposed changes include reordering and renumbering, editing to make the rules easier to read, additions and deletions to make the programat least as stringent as comparable Montana State regulations, and changes to the woodstove, road dust control, and outdoor burning regulations. The proposed changes to the county air pollution control regulations will affect all parties within the defined control districts who operate woodstoves, conduct outdoor burning, or own or maintain parking lots, roads, or commercial yards. In 2004, EPA determined Lincoln County exceeded air pollution levels for fine particulate matter. High concentrations of fine particulate matter adversely affect public health. Local emission control measures are necessary to protect public health. The proposed changes to the existing air pollution control regulations are intended to further reduce air pollution to protect public health. The Lincoln County Health Department (Department) determined the primary sources of emissions include wood smoke and entrained dust. As a result, the activities producing these emissions are targeted for additional regulatory control measures. Interested parties may view and make copies of the proposed changes at City Hall, located at 952 E. Spruce Street, P.O. Box 1428, 59923, or at the Department located at 418 Mineral Ave. Libby, MT, 59923. Electronic copies are available by calling (406) 293-7781 x228 or e-mailing Icdeh@libby.org. Persons may also contact the Department to be included on a list of interested Persons. Interested parties may submit their data, views, or arguments concerning the proposed action either in writing, or orally at the hearing. Written data, views or arguments may also be submitted to the Department, 418 Mineral Avenue, Libby, MT, 59923, faxed to (406) 293-5640, or submitted electronically via email addressed to "Iched@libby.org ", no later than 5:00 p.m ., February 27, 2006

. To be guaranteed consideration, written comments must be postmarked on or before that date.

### LIST OF INTERESTED PERSONS HEALTH &ENVIRONMENTAL REGULATIONS FORCONTROL OF AIRPOLLUTION Byrer, Dale, Foreman c/o 512 California 293-4557 Lincoln County Road Dep't .- Libby District Caldwell, William 14096Highway 37 293-2711 DNRC Cardwell, Kevin 1321 Renwood Drive 293-9065 Citizen Chasey, Thomas 2013 Bobtail Cutoff 293-2313 Citizen Deshazer, David P.O. Box 1230 293-5973 Citizen Duane/Peggy Williams 251 W . Cedar 293-6234 KLCB/KTNY Goldman, Jack 703-522-0086 HPBA Krebs, Luella. 127 Lodgepole Way 293-8233 Citizen Leimbach, Paul 394 N . Central 293-3205 Levert, Ed 5220Kootenai River Road 293-2847 National Fire Plan Coordinatorfor Lincoln County Lindsay, LaMar 311 Quartz Avenue 293-5105 Nelson, Neil 1101 Highway 2 West 293-6211 USFS Noble, Chris 159 Edgewater 293-3150 Roose, Marianne, Chairman 512 California 293-7781 Lincoln County Health Board Sabine, Dale 510McMillan Mtn. Road 293-4434 CVVFD Shrum, Brent 311 California 293-4124 Western News Swearengin, Van 1871 Highway 2 ~ South 293-4965 MDOT-Libby Shop Thede, Dan, Public Works Director 952 E. Spruce 293-2731 Libby Street Department Vaughan, Alton 6597 Kootenai River Road 293-5699 Citizen Watt, Bill P.O. Box 796 293-9217 LVFD-Fire Marshall Wolcott, Jerry 126Pi pe Creek Road 293-6204 PlumCreek

# DEPARTMENT OF ENVIRONMENTAL HEALTH LINCOLN COUNTY 418 MINERAL AVENUE LIBBY, MONTANA 59923 email : Icdeh@libby.org 

### FAx: (406) 293-5640 PHONE: (406) 293-7781 ExT. 228 Ronald L. Anderson, R

.S. Kathi J. Bales, R .S. Kendra J . Lind, R .S. Director

MEMORANDUM TO : Chris Erickson, City ofLibby Clerk/Treasurer FROM : KendraJ. Lind, R .S. DATE: 23 January, 2006 SUBJECT: Establishment of a Repository for the documents comprising theproposed revisions to the Libby/Lincoln County Air Pollution Control Ordinance Chris; Please make the attached documents available at your office for public reviewuntil at least February 27, 2006.

# Lincoln County, Montana Public Hearing -



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# 6

### NOTICE OF PUBLIC HEARING REGARDING PROPOSED REVISIONS

TO THE LINCOLN COUNTY AIR POLLUTION CONTROL PROGRAM On Monday, February 27, 2006, at 7:OOpm, in the Ponderosa Roomat 952 E. Spruce Street, the Libby City Council and the Lincoln County Commissioners will hold ajoint public hearing to take comment on: (1) proposed changes to the county air pollution control regulations; and (2) the incorporation of proposed changes into the Montana State Implementation Plan. The proposed changes include reordering and renumbering, editing to make the rules easier to read, additions and deletions to make the programat least as stringent as comparable Montana State regulations, and changes to the woodstove, road dust control, and outdoor burning regulations. The proposed changes to the county air pollution control regulations will affect all parties within the defined control districts who operate woodstoves, conduct outdoor burning, or own or maintain parking lots, roads, or commercial yards. In 2004, EPA determined Lincoln County exceeded air pollution levels for fine particulate matter. High concentrations offine particulate matter adversely affect public health. Local emission control measures are necessary to protect public health. The proposed changes to the existing air pollution control regulations are intended to further reduce air pollution to protect public health. The Lincoln County Health Department (Department) determined the primary sources of emissions include wood smoke and entrained dust. As a result, the activities producing these emissions are targeted for additional regulatory control measures. Interested parties may viewand make copies of the proposed changes at City Hall, located at 952 E. Spruce Street, P.O. Box 1428, 59923, or at the Department located at 418 Mineral Ave. Libby, MT, 59923. Electronic copies are available by calling (406) 293-7781 x228 or e-mailing Icdeh@libby.org. Persons may also contact the Department to be included on a list of Interested Persons. Interested parties may submit their data, views, or arguments concerning the proposed action either in writing, or orally at the hearing. Written data, views or arguments may also be submitted to the Department, 418 Mineral Avenue, Libby, MT, 59923, faxed to (406) 293-5640, or submitted electronically via email addressed to "Iched@libby.org ", no later than 5:00 p.m ., February 27, 2006. To be guaranteed consideration, written comments must be postmarked on or before that date.

### AFFIDAVIT OF PUBLICATION

STATE OF MONTANA County of Lincoln I, Elizabeth M

. Morrison, solemnly swear that I am the Clerk of The Western News, a semiweekly newspaper of general circulation published twice each week at Libby in Lincoln County, State of Montana, that the attached hereto, and which is part of this affidavit, viz: Notice of Public Hearing was published in said The Western News for two publication(s), the first publication having been made on the 25th Day of January 2006 . And the last on the 27th Day of January, 2006; that said notice was published in the regular and entire issue of every number of the paper during the periods and times of publications, and that the notice was published in the newspaper proper and not in supplement .

ibed and sworn to before is 1 st day of March , 2006 

# ~?10- atlvNotary Public for the State of Montana Residing at Libby, Montana My commission expires April 14, 20098

# STRINGENCY ANALYSIS FOR RULE CHANGES PROPOSED TO THE LINCOLN COUNTY AIR

POLLUTION CONTROL PROGRAM

27 February 2006 Statutory Requirement 75-2-301(4), MCA requires Lincoln County to followspecific procedures and make certain demonstrations when adopting an ordinance or local lawthat is more stringent than the comparable state law . Pursuant to 75-2-301(4), local air pollution control programs may adopt a rule more stringent than comparable state lawif the programmakes a written finding after a public hearing and public comment and based on evidence that the proposed local standard or requirement:

" protects public health or the environment of the state; " can mitigate harmto the public health or environment ; and " is achievable under current technology. The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the board's or the local program's conclusion. The written finding must also include information fromthe hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirements. If Lincoln County's Air Pollution Control Programincludes a rule that is currently more stringent than state rules, and the revisions do not make the rule even more stringent, the statutory requirements do not apply. In addition, if a revision merely clarifies an existing regulation, it is not subject to MCA 75-2-207. Regulatory Revisions - Open/Outdoor Burning Prohibited Materials The current Montana Administrative Rules, Title 17, Chapter 8, subchapter 6, provide for the regulation of open burning. The burning of certain materials is prohibited with some exceptions for different materials, depending upon the type of burning conducted. For example, the burning of insulated wire is prohibited unless a burner is conducting burning under a commercial filmproduction open burning permit or firefighter training open burning permit . Lincoln County's proposed rules prohibit burning the same materials as the state but are more restrictive because the burning of trade waste, Christmas tree waste, leaves, grass clippings and stumps is prohibited altogether within the control district.

### No trade waste burning or Christmas tree waste burning activities have ever

occurred within the boundaries of the air pollution control district. Lincoln County does not anticipate this requirement would have any effect on the regulated community; but will protect the airshed frompotential future air quality impacts fromthese types of outdoor burning source emissions. Grass clippings, leaves and stumps burn poorly; typically smoldering for long periods of time and generating significant volumes of smoke. Numerous alternatives exist for disposal of this type of vegetative material, including mulching, composting, and landfilling. Assuming an alternative method of disposal method might involve hauling materials to a landfill, any increased cost to the regulated community should not exceed $5.00 for a "waste haul trip" to dispose of brush, limbs, rakings and clippings. This is estimated using a 10-mile round-trip average to the local landfill at the current Lincoln County mileage reimbursement rate of $0.445 per mile with no tipping fee charged. A tipping fee is imposed for landfill disposal of stumps. . The current tipping fees for stumps are $45.00 per load for loads up to 6-yards, and $100.00 per load for loads over 6-yards. Libby's unique geographic topography and associated poor ventilation conditions necessitate this proposed regulation in order to eliminate the potential adverse public health and environmental impacts fromthese types of open burning activities. The requirements imposed are technologically feasible. Maior Open Burninq_

and Management Burning In state rule, major open burning is broadly defined as burning that generates more than 500 tons per year of carbon monoxide or 50 tons per year of any other regulated pollutant. Montana requires persons planning major open burning to obtain a permit fromthe Montana Department of Environmental Quality (DEQ) prior to conducting burning activities. Major open burners are required to publish advance public notice of their planned annual burn activities. In state rule, major open burning may be conducted only during periods as set forth in rule and must always comply with best available control technology (BACT) requirements. Major open burning is allowed fromMarch through November. FromMarch through August, major open burners may burn at their discretion. FromSeptember through November, major open burners are required to call the DEQhotline and comply with any issued restrictions. Major open burning is generally prohibited during December, January, and February. Any planned major open burning that deviates fromthat described in the permit requires prior DEQapproval . Lincoln County's proposed rules require major open burners within Impact Zone L and/or the Air Pollution Control District to apply for and receive a valid Montana major open burning permit . Anyone who conducts any burning that is not

### otherwise defined as residential burning is defined as a management burner.

Management burners are required to comply with BACT, but have no individual discretion. Management burners may burn only during the months of April through October and are required to obtain approval fromlocal fire districts or other fire hazard agencies and to receive approval fromLincoln County prior to each planned ignition. Burning would be prohibited during the months of March and November for management outdoor burning activities because more adverse outdoor burning related air quality impact episodes and high values in monitoring data have occurred in the past during these months. Because air quality and associated ventilation/dispersion conditions during early spring and late fall are typically much poorer than during the remaining months of the management outdoor burning season, curtailing outdoor burning during this period of increased impact potential will further protect public health and the environment . Although the proposed requirements may require some scheduling adjustments for management burners, Lincoln County does not anticipate compliance to result in any increased costs to the regulated community. The requirements imposed are technologically feasible. Minor Open Burning or Residential Open Burning Under state rule, minor open burning is any burning not otherwise considered major open burning. Minor open burners may burn during March through November, calling the DEQhotline during the months of September, October, and November. With some exceptions for eastern Montana, minor open burning during winter months is generally prohibited. Minor open burners are required to comply with BACT. In Impact Zone L and/or the Lincoln County Air Pollution Control District, proposed rules for residential burning are intended to allowan individual the opportunity to burn vegetative waste generated froma yard, farm, or ranch. Residential outdoor burning is limited to the one-month designated Outdoor Burning Period (April 1 through April 30) and will not be allowed at any other time during the year. Residential burners are required to apply for and receive an air quality permit fromthe Department prior to conducting a burn. Residential burners are required to comply with BACT and are not allowed to burn at their own discretion. Like those conducting management burning, a person planning residential burning is required to obtain approval fromlocal fire districts or other fire hazard agencies and to receive approval fromLincoln County, via the Open Burning Hotline, prior to each planned ignition. This proposed regulation will significantly reduce the number of outdoor residential burning days and associated potential impacts of smoke emissions, resulting in improved protection of public health and the environment. Unlike forestry/wildlife management programs and fuel hazard reduction needs, residential property owners have numerous, reasonably priced alternatives to

### outdoor burning available for disposal of vegetative material generated fromtheir

general yard/garden cleanup activities. These alternatives include mulching, composting, and landfilling. Assuming an alternative method of disposal method might involve hauling materials to a landfill, any increased cost to the regulated community should not exceed $5.00 for a "waste haul trip" to dispose of brush,, limbs, rakings and clippings. This is estimated using a 10-mile round-trip average to the local landfill at the current Lincoln County mileage reimbursement rate of $0.445 per mile with no tipping fee charged. Atipping fee is imposed for landfill disposal of stumps. The current tipping fees for stumps are $45.00 per load for loads up to 6-yards, and $100.00 per load for loads over 6-yards. The requirements imposed are technologically feasible. Special Burning State rules provide for permits prior to emergency open burning, conditional open burning, Christmas tree open burning, Commercial film production open burning, firefighter training open burning. Lincoln County conditional open burning permits would be issued solely for licensed landfills. Under the proposed rules, persons planning Commercial filmproduction and firefighter training burning may not burn at their own discretion. Those persons planning to conduct commercial film production or firefighter training outdoor burning are required to obtain state permits, obtain approval fromapplicable fire hazard agencies, and receive Lincoln county approval prior to each ignition. Lincoln County imposes additional notice requirements for firefighter training burning. Anyone proposing firefighter training burns is required to provide a minimumof three weeks' advance notice to all residents in the surrounding area. This requirement allows comment by anyone who might be affected by the proposed training burn and the evaluation of health and environmental impact concerns by the Lincoln County Health Officer prior to approval or denial of the burn. With the exception of firefighter training, Lincoln County does not anticipate compliance to result in any increased costs to the regulated community. Cost estimates for compliance with the firefighter training notice provisions provided by the local fire chief are between $150 to $200for costs associated with printing of flyers, public notice publication fees, and labor/mileage expenses for necessary contacts and distributions . The requirements imposed are technologically feasible.

### SCIENTIFIC PEER-REVIEWED DOCUMENTS SUPPORTING INTENDED ACTION BIBLIOGRAPHY Anderson HR (2000) "Differential epidemiology of ambient aerosols ." Phil . Trans. Roy. Soc. Lond. 358:2771-2785 Bauman L S, Schauer Ket. al . (2005) . "Gaseous and particulate emissions from prescribed burning in Georgia." Environmental Science Technology. 2005 Dec 1 ;39(23) :9049-56. Browning KG et. al . (1990) . "A questionnaire study of respiratory health in areas of high and low

ambient wood smoke pollution." Pediatr Asthma All Immunol . 4:183-91, 1990

. Churg A, Brauer M, Avila-Casado M, Fortoul T I &Wright J L (2003) . "Chronic Exposure to High Levels of particulate Air Pollution and Small Airway Remodeling." Environmental Health Perspectives Volume 111, Number 5, May 2003. Dominici F et. al . (2003) . "Airborne particulate matter and mortality: Timescale effects in four US cities." American Journal of Epidemiology 157(June 15) :1055- 1065. Feldstein M

et. al . (1963) . "The Contribution of the open burning of land clearing debris to air pollution." J Air Pollut Control Assoc. 1963 Nov; 13:542-5. Fisher G, KjellstromT, et. al . (2005) . "Health and Air Pollution in New Zealand" prepared for Health Research Council . 1 September 2005 Gerstle R. W

. & Kemnitz DA (1967) . "Atmospheric emissions fromopen burning." J Air Pollut Control Assoc. 1967 May; 17(5) :324-7. Gilman J S (1990) ."PM,o Chemical Mass Balance Study for Libby, Montana." Department of Health and Environmental Sciences, Air Quality Bureau. April 1990. Hays M D, Geron C Det. al . (2002) . "Speciation of gas-phase and fine particle emissions fromburning of foliar fuels." Environ Sci Technol . 2002Jun 1 :36(11) :2281-95. Health & Energy Company (2005) "Air Pollution Health Effects

### Howard C .V. (2003) "No Small Matter II". ETC Group Occasional Paper Series. Volume 7, No. 1, April 2003 Iowa DNRAir Quality (2006) . "Open Burning" Johnson KG, Gideon RA, Loftsgaarden DO (1990) . "Montana Air Pollution Study: Children's Health Effects." J . Official Stat. 5:391-407, 1990 . Kakareka S V, Kukharchyk T I (2003) . "PAH Emission fromthe open burning of agricultural debris." Sci Total Environ. 2003Jun 1 :308(103) :257-61 . Kjallstrand J & Petersson G (2001) . "Phenolic Antioxidants in Wood Smoke." 1 : Sci Total Environ 2001 Sep 28;277(103) :69-75 Koenig, JQ, Larson TV, et. al . (1993) . "Pulmonary function changes in children associated with fine particulate matter." Environ Res 1993 Oct ;63(1) :26-38, Department of Environmental Health, University of Washington. Kunzli N &Tager I B (2000) . "Long-Termhealth Effects of Particulate and other Ambient Pollution." Environmental HealthPerspectieves. Volume 108, Number 10, October 2000 Li N & Nel A (2003) . "Ultrafine particulate pollutants induce oxidative stress and mitochondrial damage." Environmental Health Perspectives 111(April) :455-460 Maynard R L & Howard CV (1999) . "Particulate matter: properties and effects upon health." BIOS Scientific Publishers Ltd, Oxford (ISBN 1 85996 172 X) Pope C A (2000) . "Epidemiology of Fine Particulate Air Pollution and Human Health: Biologic Mechanisms and Who's at Risk?" Environmental Health Perspectives Supplements Volume 108, Number s$, August 2000 Raloff J (2000) . "Backyard Burning is a Recipe for Dioxin." Science News 157:70 Reinhardt T E, Ottmar R D, Castilla C (2001) . "Smoke impacts fromagricultural burning in a rural Brazilian town." J Air Waste Manag Assoc. 2001 Mar ;51(3) :443-50

. Roverts R A &Corkill J (1998) . "Grass Seed Field Smoke and Its Impact on Respiratory Health." Environmental Health. 60 (June) : 10-16 The Lung Association, New Brunswick (2005)

. "C.A.N. Do Fact Sheet - Open Burning" Two Rivers Regional Council of Public Officials and Patrick Engineering (1994) . "Emission Characteristics of Burn Barrels." Prepred for the USEPA, Region V . June 1994.

### USEPA, "EPA AirData - Monitor Values Report" .

http://wwwepa gov/air/data/monvals .html?co-30053-Lincoln%20Co%2C%20Mo ntana USEPA (2003) . "The Hidden Hazards of Backyard Burning." EPA530F-03-012 August 2003. USEPA (2005) . "PMHealth Risk Assessment : December 2005 Edition. 12/20/05. USEPA (2006) . "Backyard Burning - Environmental Effects" USEPA (2006) . "Backyard Burning - Human Health" Ward T J (2005) . "Libby PM .2.5 Study." University of Montana-Missoula Center for Environmental Health Sciences. January 11, 2005. Wevers M, De Fre R, Desmedt M (2004) . "Effect of backyard burning on dioxin deposition and air concentrations ." Chemosphere. 2004 Mar;54(9) :1351-6 Wichmann H E & Peters A (2000) . "Epidemiological evidence of the effect of ultrafine particle exposure." Phil . Trans Roy. Soc. Lond. 358: 2751-2769. Wisconsin Department of Natural Resources (2000) . "Open burning -A Real Source of Air Pollution in Wisconsin" . Wisconsin Division of Public Health (2001) . "Human Health Hazard: Trash and Wood Burning." USDHHS PPH 45011 2/01 World Health Organization (2003) . "Health Aspects ofAir Pollution with Particulate Matter, Ozone & Nitrogen Dioxide." Report on a WHO working group. Bonn, Germany. 13-15 January, 2003. Zelikoff JT et al (2002) . "The toxicology of inhaled woodsmoke." Journal of Toxicology and Environmental Health, Part B. 5:101-114,2003.

# 10

# DEPARTMENT OF ENVIRONMENTAL HEALTH LINCOLN COUNTY 418 MINERAL AVENUE FAX: (406) 293-5640 ' LIBBY, MONTANA 59923 PHONE: (406) 293-7781 ExT. 228 email : Icdeh@libby.org Ronald L. Anderson, R.S. Kathi J . Bales, R.S. Kendra J . Lind, R.S. Director 

# LINCOLN COUNTY DEPARTMENT TESTIMONY

- regarding - LOCAL AIR POLLUTION CONTROL ORDINANCE RULE REVISIONS LINCOLN COUNTY DEPARTMENT TESTIMONY My name is Ron Anderson and I amthe Director of the Air Quality programof the Lincoln County Environmental Health Department. I amhere today to testify in favor of the revisions to the Lincoln CountyAir Pollution Control Programand for the incorporation of proposed changes into the Montana State Implementation Plan. In 1993 The Board of Environmental Review (Board) authorized Lincoln County to establish and administer a local air pollution control program . Current Lincoln County air pollution control regulations control emissions contributing to ambient air concentrations exceeding the level of the national ambient air quality standards (NAAQS) for PM-10 . 

### In December 2004, EPA designated Lincoln County as a nonattainment area for fine particulate matter (PM-2.5) based on measured concentrations exceeding the NAAQS for PM-2.5 set forth in the Clean Air Act. The designation of nonattainment is an affirmative demonstration that the air quality in the Lincoln County nonattainment area adversely affects public health and the environment. Regulations applicable statewide for the control of air pollutants are not sufficient to control emissions of PM-2.5 in the Lincoln County nonattainment area. Absent locally-imposed emission controls, the Lincoln County nonattainment area would remain in violation of the NAAQS and public health and the environment would continue to suffer effects of poor air quality. Based on monitoring and speciation studies to determine the sources of PM-2.5, the Lincoln County Environmental Health Department (Department) determined the sources of contributing emissions are residential woodstove operation, road maintenance and sanding activity, and outdoor burning. As a result, these activities are targeted for regulatory control measures under the Lincoln CountyAir Pollution Control Program . As required by 75-2-301(4), MCA, I amsubmitting as part of my testimony, a proposed stringency analysis, which is based on evidence in the record that the proposed revisions protect public health, can mitigate harmto the public health, and is achievable with current technology. I amalso submitting information and peer-reviewed scientific studies regarding the health effects of PM-2.5 and estimated costs directly attributable to the proposed revisions.In order to encourage the replacement of older, less efficient woodstoves, the rule revisions prohibit the installation and operation of these olderwoodstoves. Replacement woodstoves must meet certain emission criteria and no one may install or operate a woodstove without applying for and receiving a permit fromthe Department. In order to reduce road dust fromunpaved roads, carry-on material on paved roads, and sand used for winter driving, the rule revisions focus on road maintenance and traffic. Persons responsible for road maintenance are required to sweep streets in a timely manner and use reasonably available control technology in removing carry-on material fromroads. The revisions require the use of liquid de-icer and strictly limit the use ofwinter sanding to emergency situations. Traffic on unpaved or untreated roads is prohibited. Owners of private commercial yards and parking lots are required to clean carry-on fromadjoining roads. In order to reduce emissions fromoutdoor burning, the revisions increase Department oversight and discretion in all outdoor burning activities. Four types of burning are proposed: Residential, management, emergency, and landfill . Residential burning requires a Department-issued permit, approval fromany agency responsible for fire hazard management, and Department approval prior to each ignition. Management burning require approval fromfire hazard agencies and Department approval prior to each ignition. The Department may approve emergency burning following an evaluation of a demonstration that the situation is a bona-fide emergency. Outdoor burning conducted at a licensed landfill remains unchanged fromthe current version of the rules. In addition, if any outdoor burning meets the criteria in the definition of Major Open Burning set forth at 17.8.601(5), ARM, such source is required to obtain a Montana major open burning permit from the Department of Environmental Quality.

# STRINGENCY ANALYSIS FOR RULE CHANGES PROPOSED TO THE LINCOLN COUNTY AIR

POLLUTION CONTROL PROGRAM

27 February 2006 Statutory Requirement 75-2-301(4), MCA requires Lincoln County to followspecific procedures and make certain demonstrations when adopting an ordinance or local law that is more stringent than the comparable state law . Pursuant to 75-2-301(4), local air pollution control programs may adopt a rule more stringent than comparable state lawif the programmakes a written finding after a public hearing and public comment and based on evidence that the proposed local standard or requirement:

" protects public health or the environment of the state; " can mitigate harmto the public health or environment; and " is achievable under current technology. The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the board's or the local program's conclusion. The written finding must also include information fromthe hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirements. If Lincoln County's Air Pollution Control Programincludes a rule that is currently more stringent than state rules, and the revisions do not make the rule even more stringent, the statutory requirements do not apply. In addition, if a revision merely clarifies an existing regulation, it is not subject to MCA 75-2-207. Regulatory Revi sions - Open/Outdoor Burning Prohibited Materials The current Montana Administrative Rules, Title 17, Chapter 8, subchapter 6, provide for the regulation of open burning. The burning of certain materials is prohibited with some exceptions for different materials, depending upon the type of burning conducted. For example, the burning of insulated wire is prohibited unless a burner is conducting burning under a commercial filmproduction open burning permit or firefighter training open burning permit. Lincoln County's proposed rules prohibit burriing the same materials as the state but are more restrictive because the burning of trade waste, Christmas tree waste, leaves, grass clippings and stumps is prohibited altogetherwithin the control district.

### No trade waste burning or Christmas tree waste burning activities have ever

occurred within the boundaries of the air pollution control district. Lincoln County does not anticipate this requirement would have any effect on the regulated community; but will protect the airshed frompotential future air quality impacts fromthese types of outdoor burning source emissions. Grass clippings, leaves and stumps burn poorly; typically smoldering for long periods of time and generating significant volumes of smoke. Numerous alternatives exist for disposal of this type of vegetative material, including mulching, composting, and landfilling. Assuming an alternative method of disposal method might involve hauling materials to a landfill, any increased cost to the regulated community should not exceed $5.00 for a "waste haul trip" to dispose of brush, limbs, rakings and clippings. This is estimated using a 10-mile round-trip average to the local landfill at the current Lincoln County mileage reimbursement rate of $0.445 per mile with no tipping fee charged. Atipping fee is imposed for landfill disposal of stumps. . The current tipping fees for stumps are $45.00 per load for loads up to 6-yards, and $100.00 per load for loads over 6-yards. Libby's unique geographic topography and associated poor ventilation conditions necessitate this proposed regulation in order to eliminate the potential adverse public health and environmental impacts fromthese types of open burning activities. The requirements imposed are technologically feasible. Maior Open Burning and Management Burning In state rule, major open burning is broadly defined as burning that generates more than 500 tons per year of carbon monoxide or 50 tons per year of any other regulated pollutant. Montana requires persons planning major open burning to obtain a permit fromthe Montana Department of Environmental Quality (DEQ) prior to conducting burning activities. Major open burners are required to publish advance public notice of their planned annual burn activities. In state rule, major open burning may be conducted only during periods as set forth in rule and must always comply with best available control technology (BACT) requirements. Major open burning is allowed fromMarch through November. FromMarch through August, major open burners may burn at their discretion. FromSeptember through November, major open burners are required to call the DEQhotline and comply with any issued restrictions. Major open burning is generally prohibited during December, January, and February. Any planned major open burning that deviates fromthat described in the permit requires prior DEQapproval . Lincoln County's proposed rules require major open burners within Impact Zone L and/or the Air Pollution Control District to apply for and receive a valid Montana major open burning permit. Anyone who conducts any burning that is not

### otherwise defined as residential burning is defined as a management burner.

Management burners are required to comply with BACT, but have no individual discretion. Management burners may burn only during the months ofApril through October and are required to obtain approval fromlocal fire districts or other fire hazard agencies and to receive approval fromLincoln County prior to each planned ignition. Burning would be prohibited during the months of March and November for management outdoor burning activities because more adverse outdoor burning related air quality impact episodes and high values in monitoring data have occurred in the past during these months. Because air quality and associated ventilation/dispersion conditions during early spring and late fall are typically much poorer than during the remaining months of the management outdoor burning season, curtailing outdoor burning during this period of increased impact potential will further protect public health and the environment . Although the proposed requirements may require some scheduling adjustments for management burners, Lincoln County does not anticipate compliance to result in any increased costs to the regulated community. The requirements imposed are technologically feasible. Minor Open Burninq or Residential Open Burning Under state rule, minor open burning is any burning not otherwise considered major open burning. Minor open burners may burn during March through November, calling the DEQhotline during the months of September, October, and November. With some exceptions for eastern Montana, minor open burning during winter months is generally prohibited. Minor open burners are required to comply with BACT. In Impact Zone L and/or the Lincoln County Air Pollution Control District, proposed rules for residential burning are intended to allowan individual the opportunity to burn vegetative waste generated froma yard, farm, or ranch. Residential outdoor burning is limited to the one-month designated Outdoor Burning Period (April 1 through April 30) and will not be allowed at any other time during the year. Residential burners are required to apply for and receive an air quality permit fromthe Department prior to conducting a burn. Residential burners are required to comply with BACT and are not allowed to burn at their own discretion. Like those conducting management burning, a person planning residential burning is required to obtain approval fromlocal fire districts or other fire hazard agencies and to receive approval fromLincoln County, via the Open Burning Hotline, prior to each planned ignition. This proposed regulation will significantly reduce the number of outdoor residential burning days and associated potential impacts of smoke emissions, resulting in improved protection of public health and the environment . Unlike forestry/wildlife management programs and fuel hazard reduction needs, residential property owners have numerous, reasonably priced alternatives to

### outdoor burning available for disposal of vegetative material generated fromtheir

general yard/garden cleanup activities. These alternatives include mulching, composting, and landfilling. Assuming an alternative method of disposal method might involve hauling materials to a landfill, any increased cost to the regulated community should not exceed $5.00 for a "waste haul trip" to dispose of brush, limbs, rakings and clippings. This is estimated using a 10-mile round-trip average to the local landfill at the current Lincoln County mileage reimbursement rate of $0.445 per mile with no tipping fee charged. A tipping fee is imposed for landfill disposal of stumps. The current tipping fees for stumps are $45.00 per load for loads up to 6-yards, and $100.00 per load for loads over 6-yards. The requirements imposed are technologically feasible. Special Burning State rules provide for permits prior to emergency open burning, conditional open burning, Christmas tree open burning, Commercial film production open burning, firefighter training open burning. Lincoln County conditional open burning permits would be issued solely for licensed landfills. Under the proposed rules, persons planning Commercial filmproduction and firefighter training burning may not burn at their own discretion. Those persons planning to conduct commercial filmproduction or firefighter training outdoor burning are required to obtain state permits, obtain approval fromapplicable fire hazard agencies, and receive Lincoln county approval prior to each ignition. Lincoln County imposes additional notice requirements for firefighter training burning. Anyone proposing firefighter training burns is required to provide a minimumof three weeks' advance notice to all residents in the surrounding area. This requirement allows comment by anyone who might be affected by the proposed training burn and the evaluation of health and environmental impact concerns by the Lincoln County Health Officer prior to approval or denial ofthe burn. With the exception of firefighter training, Lincoln County does not anticipate compliance to result in any increased costs to the regulated community. Cost estimates for compliance with the firefighter training notice provisions provided by the local fire chief are between $150 to $200for costs associated with printing of flyers, public notice publication fees, and labor/mileage expenses for necessary contacts and distributions. The requirements imposed are technologically feasible.

### SCIENTIFIC PEER-REVIEWED DOCUMENTS SUPPORTING INTENDED ACTION BIBLIOGRAPHY Anderson HR (2000) "Differential epidemiology of ambient aerosols ." Phil . Trans. Roy. Soc. Lond. 358:2771-2785 Bauman L S, Schauer K et. al . (2005)

. "Gaseous and particulate emissions from prescribed burning in Georgia." Environmental Science Technology. 2005 Dec 1 ;39(23) :9049-56. Browning KGet. al . (1990) . "A questionnaire study of respiratory health in areas of high and lowambient wood smoke pollution." Pediatr Asthma All Immunol . 4:183-91, 1990

. Churg A, Brauer M, Avila-Casado M, Fortoul T I &Wright J L (2003) . "Chronic Exposure to High Levels of particulate Air Pollution and Small Airway Remodeling." Environmental Health Perspectives Volume 111, Number 5, May 2003. Dominici F et. al . (2003) . "Airborne particulate matter and mortality: Timescale effects in four US cities." American Journal of Epidemiology 157(June 15) :1055- 1065. Feldstein M

et. al . (1963) . "The Contribution of the open burning of land clearing debris to air pollution." J Air Pollut Control Assoc. 1963 Nov; 13:542-5. Fisher G, KjellstromT, et. al . (2005) . "Health and Air Pollution in New Zealand" prepared for Health Research Council . 1 September 2005 Gerstle R. W

. & Kemnitz DA (1967) . "Atmospheric emissions fromopen burning." J Air Pollut Control Assoc. 1967 May; 17(5) :324-7. Gilman J S (1990) ."PM,o Chemical Mass Balance Study for Libby, Montana." Department of Health and Environmental Sciences, Air Quality Bureau. April 1990 . Hays MD, Geron C Det. al . (2002) . "Speciation of gas-phase and fine particle emissions fromburning of foliar fuels." Environ Sci Technol . 2002Jun 1 :36(11) :2281-95. Health & Energy Company (2005) "Air Pollution Health Effects

### Howard C.V. (2003) "No Small Matter II" . ETC Group Occasional Paper Series.

Volume 7, No. 1, April 2003 Iowa DNRAir Quality (2006) . "Open Burning" Johnson KG, Gideon RA, Loftsgaarden DO (1990) . "Montana Air Pollution Study: Children's Health Effects." J . Official Stat. 5:391-407, 1990. Kakareka S V, Kukharchyk T I (2003) . "PAH Emission fromthe open burning of agricultural debris." Sci Total Environ. 2003 Jun 1 :308(103) :257-61 . Kjallstrand J & Petersson G (2001) . "Phenolic Antioxidants in Wood Smoke." 1 : Sci Total Environ 2001 Sep 28;277(103) :69-75 Koenig, JQ, Larson TV, et. al . (1993) . "Pulmonary function changes in children associated with fine particulate matter." Environ Res 1993 Oct ;63(1) :26-38, Department of Environmental Health, University of Washington. Kunzli N &Tager I B (2000) . "Long-Termhealth Effects of Particulate and other Ambient Pollution." Environmental Health Perspectieves. Volume 108, Number 10, October 2000 Li N & Nel A (2003) . "Ultrafine particulate pollutants induce oxidative stress and mitochondrial damage." Environmental Health Perspectives 111(April) :455-460 Maynard R L & Howard CV (1999) . "Particulate matter: properties and effects upon health." BIOS Scientific Publishers Ltd, Oxford (ISBN 1 85996 172X) Pope CA (2000) . "Epidemiology of Fine Particulate Air Pollution and Human Health: Biologic Mechanisms and Who's at Risk?" Environmental Health Perspectives Supplements Volume 108, Number s$, August 2000 Raloff J (2000) . "Backyard Burning is a Recipe for Dioxin." Science News 157:70 Reinhardt T E, Ottmar R D, Castilla C (2001) . "Smoke impacts fromagricultural burning in a rural Brazilian town." J Air Waste Manag Assoc. 2001 Mar ;51(3) :443-50. Roverts RA &Corkill J (1998) . "Grass Seed Field Smoke and Its Impact on Respiratory Health." Environmental Health. 60 (June) : 10-16 The Lung Association, New Brunswick (2005) . "C.A.N. Do Fact Sheet - Open Burning" Two Rivers Regional Council of Public Officials and Patrick Engineering (1994) . "Emission Characteristics of Burn Barrels ." Prepred for the USEPA, Region V . June 1994.

### USEPA, "EPA AirData - Monitor Values Report" .

http://wwwepa gov/air/data/monvals .html?co-30053-Lincoln%20Co%2C%20Mo ntana USEPA (2003) . "The Hidden Hazards of Backyard Burning." EPA530F-03-012 August 2003. USEPA (2005) . "PMHealth Risk Assessment : December 2005 Edition. 12/20/05. USEPA (2006) . "Backyard Burning - Environmental Effects" USEPA (2006) . "Backyard Burning - Human Health" Ward T J (2005) . "Libby PM .2.5 Study." University of Montana-Missoula Center for Environmental Health Sciences. January 11, 2005. Wevers M, De Fre R, Desmedt M(2004) . "Effect of backyard burning on dioxin deposition and air concentrations ." Chemosphere. 2004 Mar ;54(9) :1351-6 Wichmann H E & Peters A (2000) . "Epidemiological evidence of the effect of ultrafine particle exposure." Phil . Trans Roy. Soc. Lond. 358: 2751-2769. Wisconsin Department of Natural Resources (2000) . "Open burning -A Real Source of Air Pollution in Wisconsin" . Wisconsin Division of Public Health (2001) . "Human Health Hazard: Trash and Wood Burning." USDHHS PPH 45011 2/01 World Health Organization (2003) . "Health Aspects of Air Pollution with Particulate Matter, Ozone & Nitrogen Dioxide." Report on a WHO working group. Bonn, Germany. 13-15 January, 2003. Zelikoff JT et al (2002) . "The toxicology of inhaled woodsmoke." Journal of Toxicology and Environmental Health, Part B. 5:101-114,2003.

# 11

# DEPARTMENT OF ENVIRONMENTAL HEALTH LINCOLN COUNTY 418 MINERAL AVENUE FAX: (406) 293-5640 LIBBY, MONTANA 59923 PHONE: (406) 293-7781 ExT. 228 email : Icdeh@libby.org 

### Ronald L. Anderson, R .S. Kathi J. Bales, R .S. Kendra J. Lind, R .S. Director

PUBLIC COMMENTS ON PROPOSEDAIR POLLUTION CONTROL ORDINANCE REVISIONS



### No public comments were received by the Department, the City of Libby, or the Lincoln County Board of Commissioners during the comment period (first publication date of January 25, 2006through 5:00 P.M . on February 27, 2006) . Comments and responses fromthe Public Hearing held at 7:00 P.M . on February 27, 2006, are reflected in the minutes of that hearing, which is included in these documents. There were no public comments received at either the Libby City Council or the Lincoln County Board of Commissioners meetings held immediately following the Public Hearing on February 27, 2006 .

# 12

# 13

### Montana DEQ- BER- March 2006 Agenda Page 1 of 6

AGENDA BOARD OF ENVIRONMENTAL REVIEW

THURSDAY, MARCH23 Note the change in Location: STATE CAPITOL, ROOM 317 1301 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. Persons with disabilities who need an accommodation in order to participate in this meeting, should contact the Board Secretary at (406) 444-2544. 9:00A .M . I . ADMINISTRATIVE AGENDA ITEMS A . B . 

### C . Review

and approve minutes of February 3, 2006, regularly scheduled Board meeting. MeetinQMinutes Review and approve minute November 9 & 10, 2005, hearings summary pertaining to coalbed methane rules. Hearing Summary Reviewand approve December 1, 2005, hearing summary pertainingto coalbed methane rules. Hearing Summary II . BRIEFING AGENDA ITEMS A . CONTESTEDCASE UPDATE 1 . Cases assigned to Hearing Officer Katherine Orr: a.



### b. In the matter of CR Kendall Corporation's request for a hearing to appeal DEQ's decision to deny a minor permit amendment under the Metal Mine Reclamation Act (BER 2002-09 MM) . The Hearing Examiner, upon request ofthe parties, has vacated the hearing schedule and placed the case on hold until further notice ofone or more ofthe parties or upon initiative of the Hearing Examiner. In the matter of the Petition for Review of Hazardous Waste Final Permit No. MTHWP-03-O1 issued to Flying J Petroleum, Inc. (BER 2003-14 HW). Flying J has requested a hearing under the Montana Hazardous Waste Act to reviewthe final decision of DEQto issue a Hazardous Waste Final Permit to Flying J for its former refinery located near Cut Bank. Counsel for the parties stipulated to a stay of contested case proceedings while they discussed the terms of an order that could resolve this case. However, the case was not settled and the parties proposed a schedule for contested case proceedings. On April 5, 2005, the Hearing Examiner issued a scheduling order. The final prehearing conference was set for January 10, 2006 . On August 23, 2005, the Hearing Examiner, Katherine Orr, issued a notice ofAssumption ofJurisdiction retaining all deadlines except the discovery deadline, which was extended until October 25, 2005. The Department filed a Motion for Partial Summary Judgment on December 2 .1, 2005. This motion was fully briefed

### Montana DEQ- BER- March 2006Agenda Page 2of 6

as ofJanuary 25, 2006. Oral argument will occur on March 14, 2006. A two-day hearing is set for May 17, 2006 . c. In the matter of Violations of the Montana Water Quality Act by the City of Lewistown Wastewater Treatment Plant (BER2004-15 WQ) . On October 20, 2004, the Board received a letter fromthe City Manager of Lewistown appealing assessment of $11,608 in administrative penalties for violations of the Water Quality Act. On September 21, 2004, DEQhad issued an Administrative Penalty Order for six alleged discharges of sewage into Big Spring Creek . The parties proposed a schedule for contested case proceedings on March 1, 2005, and the Hearing Examiner issued a scheduling order. The final Prehearing Conference was set for October 12, 2005. The parties have requested a stay ofproceedings pending settlement discussions. The parties were given until March 3, 2006, to submit a proposed hearing schedule or settlement document . d. In the matter ofViolations of theWater Quality Act by ASARCO, Inc., (BER 2005-09 WQ) . The Board received a request for hearing regarding an Administrative Penalty Order issued by DEQfor the alleged failure to pay annual permit fees on the MGWPCS permit for discharges fromthe Paymaster Mine Adit located in Lewis and Clark County. DEQ claims ASARCOshould have paid permit fees for a permit that ASARCO argues should have been terminated in 2002. The parties requested until July 19, 2005, to submit a schedule orsettlement papers and Hearing Examiner TomBowe granted the request. On August 24, 2005, Hearing Examiner Katherine Orr issued a notice ofAssumption ofJurisdiction and upon reviewof the Department's proposed hearing schedule, set a date for a Prehearing Conference of December 14, 2005, at whichtime a date for the hearing will be determined. The hearing examiner issued a Stay of Proceedings on January 19, 2006, uponthe notification ofthe Department of the bankruptcy proceeding. e. 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 June 6, 2005, the Montana Supreme Court remanded an appeal to the District Court. On June 15, 2005, the district Court remanded the case to the Board. The Board was to decide whether to make a new decision based on the record or to receive additional evidence. On July 29, 2005, the Board issued an Order Staying Contested Case Proceedings indefinitely. On August 24, 2005, Hearing Examiner Katherine Orr issued an Assumption ofJurisdiction referencing the Order Staying Contested Case Proceedings. f . In the matter of the request for hearing ofJay Gasvoda, d/b/a Gasvoda Construction, BER2005-17 OC, regarding the Notice .of Violation and Statement of Proposed Penalty issued by DEQon September 14, 2005. On October 6, 2005, the Board received the appeal letter fromMr . Gasvoda appealing the issuance of a Notice ofViolation and Statement of Proposed Penalty concerning an opencut mining operation. A First Prehearing Order was issued on November 7, 2005. The parties have until November 18, 2005, topropose a hearing schedule. A hearing schedule was issued by the hearing examiner on December 2, 2005. Ahearing is set for May 9, 2006, in Hamilton, Montana. The Department filed a Motion to Strike Discovery, to Compel Discovery or for Sanctions on January 23, 2006. This is unopposed.

.. . . . . . . .i I i n .r nirn-niA I it /1 1/7lll14

### Montana DEQ- BER- March 2006 Agenda Page 3 of 6gj . In the matter of the appeal by Westmorland Resources Inc., BER 2005-19 SM

(strip mining), appealing the issuance of a Notice of Violation and Statement of Proposed Penalty. A scheduling orderwas issued on January 13, 2006. A prehearing conference is set for May 29, 2006 at which time, a hearing date will be set. h. In the matter of the Montana Environmental Information Center's appeal ofAir Quality Permit No. 3182-01, issued for the Roundup Power Project, BER 2005-21 AQ . The parties were givenuntil January 10, 2006, to submit a proposed schedule for prehearing matters and the hearing. The permittee, Bull Mountain filed a Motion to Intervene on January 9, 2006. The Hearing Officer issued a Scheduling Order on January 30, 2006

. The final prehearing conference is set for May 26, 2006 . The Department submitted a Motion to Dismiss on January 26, 2006 . The MEIC filed an Answer Brief on February 24, 2006. Bull Mountain filed a Briefin Support ofthe DEQ's Motion to Dismiss on February 24, 2006. -The parties filed a Joint Stipulation to Stay Prehearing Schedule on March 6, 2006 . i . In the matter of the request for hearing by Oro Management, LLC, BER2006-O1 MM, regarding a challenge to the alleged violations and an assessed penalty. The parties have been given until February 2, 2006, to submit a proposed schedule for pre-hearing matters and the hearing date. The Hearing Examiner issued an Order on February 3, 2006, requesting the parties submit a proposed hearing schedule by March 22, 2006 . In the matter of the request for hearing by Bear Cub, LLC, BER 2006-02 SUB, regarding Sunrise Lots subdivision waiver denial in Missoula County. The parties have been givenuntil February 2, 2006, to submit a proposed schedule for pre-hearing matters and the hearing. A first Scheduling Order was issued on February 8, 2006 . Ahearing is set for May 9, 2006

. III . ACTIONAGENDA ITEMS A. REPEAL, AMENDMENT ORADOPTION OF FINAL RULES: 1 . In the matter ofPublic Hearing on Proposed Adoption of New Rule I, State Solid Waste Management Resource Recovery Plan. Presiding Officer Katherine Orr conducted the public hearing on November 18, 2005. This is an update of the State Solid Waste Management Plan. The Solid Waste Management Plan was adopted in 1994 and has not been updated since that time. Last year, the Department initiated a reviewof the plan. In conjunction with a task force of affected persons, and after taking public comment and holding public hearings, the Department is proposing an updated plan. Executive Summary Notice ofPublic Hearing on Proposed Ado tp ion Notice ofAdoption 2. Enforcement Rules - The Board will consider amending ARM 17.24.132, 17.24.133, 17.25.134, 17.24.136, 17.24.1206, 17.24.1211, 17.24.1218, 17.24.1219, 17.24.1220, 17.56.1014, 17.30.2001 and 17.24.2003; repealing ARM 17.24.1212, 17.30.2005, 17.30.2006 and 17.38.606; and adopting new rules to implement HB

, . . 11 1 . n /.,nr,i e -----1 --rnr__ntrnR ennt e _--_A- , .__ nii 1 i) MA

### Montana DEQ- BER- March 2006 Agenda Page 4 of6 428 and 429 enacted bythe 2005 Montana Legislature. HB428streamlines and makes uniformthe enforcement procedures applicable to state mining laws, including the Metal Mine Reclamation Act and the Strip and Underground Mine Reclamation Act . HB429 amended sixteen environmental laws, including the Metal Mine Reclamation Act and the Strip and Underground Mine Reclamation Act, to provide standardized penalty factors that must be considered in determining a penalty in an enforcement action. Presiding Officer Katherine Orr conducted a public hearing on January 31, 2006, in Helena. Written and oral comments were received. The Department recommends adoption ofthe rule with changes in response to comments. Presiding Officer Report Executive Sununary Notice of Public Hearing on Proposed Amendment Repeal and Adoption Notice ofAmendment, Repeal, andAdoption , 3. Coalbed Methane Rules -- The Board will consider adoption, amendment or rejection of the Rules noticed at MAR 17-231, p. 1844 published 10/6/05 and the amended notice MAR 17-236, p. 2288 published 11/23/05 pertaining principally to Coal Bed Methane minimum treatment effluent limit guidelines and amendment of the nondegradation rule atARM 17.30.670

. Executive Summary Notice ofPublic Hearing on Proposed Amendment andAdoption Notice ofAmendment and Adoption Department Recommendations for Board Actions Comments on Economic Impact Statements and Responses 4 . In the matter of the amendment ofARM 17.8 .504,17.8

.505, and 17.8.744 and the adoption of New

Rules I through IX to establish a registration systemfor certain facilities that presently require an air quality permit . The proposed new rules would establish a general registration systemand would establish rules that apply the system

to oil and gas well facilities. Presiding Officer Katherine Orr conducted the public hearing on January 23, 2006 . Several interested parties submitted written public comments. The Department has prepared a draft final notice modifyingthe proposed amendments by incorporating some of the public comments, and recommends adoption of the proposed amendments with the modifications. Presiding Officer Report Executive Summary Notice ofPublic Hearing on Proposed Amendment and Adoption Notice ofAmendment andAdoption B . INITIATION OF RULEMAKINGANDAPPOINTMENT OF HEARINGOFFICER : The Department will propose that the Board concur in its recommendation to initiate rulemaking to: 1 . Amend ARM

17.8.740and 17.8.767 and adopt New Rules I and II pertaining to control ofmercury emissions fromfacilities that combust coal to generate electricity for sale and adopt a modified version of the cap and trade provisions of the federal Clean Air Mercury Rule. Executive Summary

. , . ,

### Montana DEQ- BER- March 2006Agenda Page 5 of 6 Notice ofPublic Hearing on Proposed Amendment and Adoption 2. Update the Air Quality Incorporation by Reference Rules at ARM 17.8.102 (annual update) . Executive Summary Notice ofPublic Hearing on Proposed Amendment C . HEARINGS WITHACTION In the matter ofconsideration ofproposed revisions to the Lincoln County Air Pollution Control Program . EPAdesignated Lincoln County as a nonattainment area for fine particulate matter (PM-2.5) based on measured concentrations exceeding the National Ambient Air Quality Standards (NAAQS) for PM-2.5 set forth in the Clean AirAct. Based on monitoring and speciation studies to determine the sources of PM-2.5, the Lincoln County Environmental Health Department determined the sources of PM-2.5 emissions are residential woodstove operation, road maintenance and sanding activity, and outdoor burning. As a result, local programrules are revised to control emissions ofPM2.5 fromthese sources to levels sufficient to protect the NAAQS. The proposed revisions are not effective unless and until approved by the Board. The Board will hold a public hearing and will take action to approve or disapprove the proposed programrevisions. Memorandum

and Order D . FINAL ACTION ONAPPEALS: 1 .

2. In the matter of the appeal by the Town of Ennis, BER 2005-18 WQ, regarding MPDES Permit No. MT0030732. On October 6, 2005, the Board received notice fromRalph Hernandez, Mayor, that the Town of Ennis appeals its MPDES permit for its wastewater discharge system, which was recently issued by DEQ . AFirst Prehearing Order was issued on November 7, 2005. The parties have been given until January 23, 2006, to submit a proposed settlement or a proposed hearing schedule. The parties submitted a Joint Stipulation for Dismissal on February 7, 2006

. A proposed order for dismissal has been prepared for the Board's review

. In the matter of the request for hearing of Gallatin County, BER 2005-20WQ, regarding fees for wastewater permit No. MTR101290 . The parties were given until January 10, 2006, to submit a proposed schedule for prehearing matters and the hearing. The parties submitted a Stipulation for Dismissal and a Proposed Order of Dismissal, which has been prepared for the Board's review . E. NEW

CONTESTED CASE APPEALS: 1 .

2. In the matter of the request for hearing of Blue Bear Minor Subdivision, Glacier County, under Mont. CodeAnn. § 76-4-126, BER 2006-03 SUB (EQ #06-1988) . The Board received the request for hearing on February 16, 2006 . A First Prehearing Order was issued March 7, 2006. In the matter of the request for hearing of Michael and KimberlyThomas, regarding DEQ's approval of the Blahnik Construction, Inc.'s JCSL North Gravel Pit. The Board received the request for hearing on February 17, 2006 . A First Prehearing Order was issued March 8, 2006 . IV. GENERAL PUBLIC COMMENT

### Montana DEQ- BER- March 2006 Agenda Page 6 of 6 Under this item, members of the public may comment on any public matter within thejurisdiction of the Board that is not otherwise onthe agenda of the meeting. Individual contested case proceedings are not public matters on which the public may comment . V . ADJOURNMENT

n - - A 1 n% ,f_ -n/n% r A rniA I A/11/nML

## BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY Testimony of Debra Wolfe

March 23, 2006 In the matter of revisions to the Lincoln County Air Pollution Control Program Chairman Russell, members of the Board, good afternoon; my name is Debra Wolfe. I aman air quality specialist with the Montana Department of Environmental Quality. The Department reviewed Lincoln County's proposed revisions to the local air pollution control programrules and the process documenting public comment, hearing, and local approval . The Department finds Lincoln County's proposed revisions are equivalent to or more stringent than comparable state rules as required by 75-2-301(3) and meets the requirements of a local programpursuant to 75-2-301, et seq. The Department supports Lincoln County's proposed rule revisions and recommends the Board adopt the revisions; a proposed memorandumand order is included in your packet for your consideration. The Department intends to submit the revised rules to EPA as part of the Libby PM-2.5 air quality control plan.

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CHAIRMAN RUSSELL : The next itemon the agerida is the executive summary regarding action on the Lincoln County Air Pollution Control Programrevisions. We are going to move into public hearing on this as required by. law . So this is the time and place for a hearing concerning the approval of the revisions to the Lincoln CountyAir Pollution Control Program regulations. Pursuant to Section 75

.2.301 MCA, the Clean Air Act of Montana, a county may establish. and administer a local air pollution control programif the county and any municipalities encompassed by the programhave approved the program, and if the programis approved by the Montana Board of Environmental Review . The Board . may approve a local programthat is compatible with, more stringent, and more extensive than the requirements of the Clean Air Act of Montana, provides for the enforcement by appropriate administrative and judicial processes, and that provides for the administrative organizations, ~ staff/financial resources, and other resources .... . .. necessary to effectively and efficiently carry out regulations. 5 6 7 8 9 1Q 11 12 I 13 14 15 16 17 18 19 20 21 22 23 . 24 25 Page

The Board may approve a local program that is more stringent than comparable state law 3 only if a public hearing is held, public comment 4 is allowed, and the Board or local agency makes 5 written Findings after a public hearing and 6 comment period that the regulation protects public 7 health or the environment, and that the regulation 8 can mitigate harmto the public health or the 9 environment in compliance with the regulations as 10 achievable with current technology. 11 The county and any Department 12 representative who wishes to testify may testify 13 first, followed by any other proponents of the 14 revisions of the regulations. Then any opponents 15 may testify, followed by any other persons that 16 would like to testify on this matter. The county 17 at this time may proceed. 18 MR

. ANDERSON: Good aftemoon, Chairman 19 Russell and Board members. My name is Ron 20 Anderson, and I'mthe Director of the Air Quality 21 Programfor Lincoln County. I'mhere today to 22 testify in favor of the revisions to the Lincoln 23 County Air Pollution Control Program, and for the 24 incorporation of proposed changes into the Montana 25 State Implementation Plan. (Pages 250to 253) 251 Page 252 1 In 1993, the Board of Environmental 2 Review, formally the Board, authorized Lincoln 3 County to establish and administer a local air 4 pollution control program . Currently the Lincoln 5 County air pollution control regulations control 6 emissions contributing to ambient air 7 concentrations exceeding the level of national 8 ambient air quality standards for PM10 . 9 In December 2004, EPA designated , 10 Lincoln County as a non-attainment area forfine 11 particulate matter, PM2.5, based on measured 12 concentrations of air quality, national ambient 13 air quality standards for PM2.5 set forth in the 14 Clean AirAct . The designation of non-attainment . 15 is an affirmative demonstration that the air 16 quality in Lincoln County in the non-attainment 17 area adversely affects public health and the 18 environment. Regulations applicable statewide for 19 the control ofair pollutants are not sufficient 20 to control emissions of PM2.5 in the Lincoln 21 . . County non-attainment area. 22 Absent locally imposed emission 23 .., controls, the Lincoln County non-attainment area 24 would remain in violation of the national ambient 25 air quality standard, and public health and the 1 2 3 4 5 6 7 8 9 10 '11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 Page 253 environment would continue to suffer the effects of poor air quality. Based on monitoring and speciatfon studies to determine the sources of PM2.5, the Lincoln County Environmental Health Department determined the sources of contributing emissions are residential wood stove operation, road maintenance and sanding activity, and outdoor burning. As a result, these activities are - targeted for regulatory control measures under the Lincoln County Air Pollution Control Program . As required by 75.2.301(4), MCA, I am submitting as part of my testimony a proposed stringency analysis, which is based on evidence in the record that the proposed revisions protect public health, can mitigate harmto the public health, and is achievable with current technology. I am also submitting information and peer reviewed scientific studies regarding health effects of PM2.5, and estimated costs directly attributable to the proposed revisions. In order to encourage the replacement of older, less efficient wood stoves, the rule revisions prohibit the installation and operation of these older wood stoves. Replacement ofwood CRUTCHER COURT REPORTING - (406)442-8262 a970b130-75b0-426c-8b30-e47b45c9753aPage 254



### 1 stoves must meet certain emission criteria, and no one may install or operate a wood stove without applying for and receiving a permit fromour 4 Department. 5 In order to reduce road dust from 6 . unpaved roads, carry-on material on paved roads, 7 and sand used for winter driving, the rule 8 revisions focus on road maintenance and traffic. 9 Persons responsible for road maintenance are 10 required to sweep streets in a timely manner, and 11 use reasonably available control technology in 12 removing carried-on material fromroads. The 13 revisions require the use of liquid de-icer, and 14 strictly limit the use of winter sanding to 15 emergency situations. Traffic on unpaved or . 16 untreated roads is prohibited. Owners of private 17 commercial yards and parking lots are required to 18 clean carry-on fromadjoining roads. 19 In order to reduce emissions from 20 outdoor burning, the revisions increase our 21 department's oversight and discretion in all 22 outdoor burning activities. Four types

. of burning, . ,,. .. ..,

. 23 are proposed : Residential, managemnt, emergency, 24 and landfill . Residential burning requires a 25 department issued permit, approval fromany agency Page 255 responsible for fire hazard management, and 1 department approval prior to each emission. 3 Management burning requires approval 4 fromfire hazard agencies, and department approval 5 prior to each emission. The Department may 6 approve emergency burning following an evaluation 7 ofa demonstration that the situation is a bona 8 fide emergency. 9 Outdoor burning conducted at a licensed 10 landfill remains unchanged fromthe current li version of the rules. In addition, if any outdoor 12 burning meets the criteria definition of major . 13 opening burning set forth in 17.8.601(5) in the 14 ARM, such source is required to obtain a Montana 15 major open burning permit fromthe Department of 16 Environmental Quality. 17 This concludes my written testimony, and 18 I would gladly accept anyquestions or offer any 19 further comments if the Board so chooses. 20 CHAIRMAN RUSSELL: Thanks, Ron. We can 21 get back to you afterwe close the public hearing: 22 Does the Department have anything-to 23 add? 24 MS. WOLFE: Chairman Russell, members of 25 the Board, my name is Debra Wolfe. I'man air Page 256 1 quality specialist with the Montana Department of _ 2 Environmental Quality. 3 The Department reviewed Lincoln County's 4 proposed revisions to the local air pollution 5 control programrules, and the process documenting 6 the public comment hearing and the local approval . 7 The Department finds that Lincoln County's 8 proposed revisions are equivalent to or more 9 stringent than comparable State rules as required 10 by 75.2.301(3), and they meet the requirements of 11 local program pursuant to 75.2.301 et seq. 12 The Department supports Lincoln County's 13 proposed rule revisions, and recommends that the 14 Board adopt the revisions. A proposed memorandum 15 and order is included in your packet for your 16 consideration. The memorandumand order has been 17 revised. The last two pages have been submitted 18 to you. You're concurring with that, so it's 19 understood. 20 The Department intends to submit the 21 revised rules to EPA as part of the Libby PM2.5 ^ , 22 air quality control plan, and I'd answer any 23 questions if you have them . 24 CHAIRMAN RUSSELL: Any other proponents? _ 25 (No response) 1 2 4 5 I6 '7 '8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

### 1 Page 257

CHAIRMAN RUSSELL: Opponents? Are there any opponents that would like to speak tothis matter? (No response) CHAIRMAN RUSSELL: . Seeing none, this public hearing is closed, and the Board will take action on the order in front of them . I have an order that in essence needs to be acted upon affirmatively, if these will be enforceable in Lincoln County. So do I have a motion to authorize the Board Chair to sign the order in front of me? MS. SHROPSHIRE: So moved. CHAIRMAN RUSSELL: Is there a second? MR . ROSSBACH: Second. CHAIRMAN RUSSELL: It's been moved and seconded. Any further comment? (No response) CHAIRMAN RUSSELL: Seeing none, all those in favor, signify by saying aye. (Response) CHAIRMAN RUSSELL: Opposed. (No response) K

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1 CHAIRMAN RUSSELL: Thanks, Ron. The 2 next .itemon the agenda is final action on ' appeals. Katherine.

MS. ORR : Mr. Chairman, members of the Board, there are two matters here in which we've 6 received a proposed order of dismissal . The first 7 one has to do with the Town of Ennis, and 8 apparently the parties were able to reach an 9 agreement about the permit conditions, and those 110 changed permit conditions are in your packet; and 11 the stipulation provides that the parties may go 12 back to this process if there is a challenge on 13 the final permit issued. But this was a 14 challenge, I guess, on the initial permit. So I 15 have an order for the Chairman's signature on 16 that. 17 CHAIRMAN RUSSELL: Thank you, Katherine. 18 At this time, I will entertain a .motion to 19 authorize the Board Chair to sign the order, BER 20 2005-18WQ, order dismissing appeal and issuing 21 permit. 22 MR

. ROSSBACH: So moved. . 23 CHAIRMAN RUSSELL: Is there a second? , . 24 MS. KAISER: Second. 25 CHAIRMAN RUSSELL: Any questions, Page 259 

### statement, comment? (No response) .

. CHAIRMAN RUSSELL: Seeing none, all 4 those all those in favor, signify by saying aye. 5 (Response) 6 CHAIRMAN RUSSELL: Opposed. 7 (No response) . 8 MS. ORR: The next itemwas a request 9 for a hearing challenging a permit fee by Gallatin 10 County. And I guess they apparently determined 11 that they were not going to object to the fee, and 12 withdrew

their appeal . And there's a proposed 13 order of dismissal for the Board to sign. 14 CHAIRMAN RUSSELL: I will entertain a 15 motion for the Board Chair to sign the order of 16 dismissal action in case number -- dismissing this 17 with prejudice. , 18 MR. MARBLE: So moved. 19 CHAIRMAN RUSSELL: It's been . moved by 20 Don Marble. Is there a second? 21 MR

. SKUNKCAP: Second. 22 CHAIRMAN RUSSELL: All those in favor, 23 signify by saying aye. 24 (Response) 25 CHAIRMAN RUSSELL: Opposed. !Pages 258 .to 261) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 

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(No response) CHAIRMAN RUSSELL: Motion carries. We have some newcontested cases. Do you want to briefly brief the Board on those. MS. ORR: On Blue Bear Minor . Subdivision, there is a request until April 17th to submit a hearing schedule, and I issued an order today accepting that proposal, and saying that the parties could do that. And in Blahnik Construction, there is a . request for a scheduling -- proposed schedule by the parties, and I received that today. Also I have received -- it's not contained here in this list -- three other appeals which constitute new

cases, and all of which involve open cut mining cases. I didn't look at . all of them

yet, but I think they're a challenge to a proposed penalty by the . Department. So there are three others here. CHAIRMAN RUSSELL: So of those three mentioned, I need a motion to appoint Katherine Orr permanent Hearing Examiner. MS. KAISER: So moved. CHAIRMAN RUSSELL: Is there a second? : MS. SHROPSHIRE: Second. Page 261 CHAIRMAN RUSSELL: All those in favor, signify by saying aye. (Response) CHAIRMAN RUSSELL: At this point, this is the time that we will entertain any general public comment that has nothing to do with whatwe did today. Is there anyone who would like to speak before we adjourn? Tom has some stuff. MR . LIVERS: Aclean up item, Mr. Chairman, regarding the Lincoln County issue. There's a paragraph that should have been pulled fromthe order that you approved, memorandum order, and ifyou'djust like to vote real quickly, with that removed. It's really not substantive. David can explain real quickly. MR . RUSOFF: Good afternoon. I'mDavid Rusoff. I'man air quality attorney for the Department of Environmental Quality. After the Department sent the proposed , Lincoln County order to the Board, a representative of the county called me, and said that the CountyAttorney, Bernie Cassidy, had determined that Section 7-11-1107, and the protest period provision of that statute didn't apply to this situation, and asked me to take it out of the CRUTCHER.COURT REPORTING - (406)442-8262 a970b130-75b0-426c-8b30-e47b45c9753a

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, 1 order. That was a carry over fromthe Yellowstone ' ? . County program

. Stuart Kirkpatrick had put that in there for his program, and it applied in that 4 instance. 5 So she asked me to take out two 6 different references to any order -- section of 7 the memorandumand order, and as soon as I got off 8 the phone with her, I did that, and rushed it over 9 to Joyce Wittenberg. I didn't go back and read 10 through the whole memorandumand order to see if 11 there were any other references to Section 12 7-11-1107, and as I was sitting here, Ijust saw 13 one in Paragraph 9. 14 And my recommendation would be for the 15 Board to delete Paragraph 9fromthe memorandum 16 section of the memorandum, in order to be 17 consistent with the revisions thatwere made to 18 the order section, and for the Board to revote on 19 the order with that revision, and we could quickly 20 make that change, and send it out to Chairman 21 Russell for resignature. It may change the . 22 pagination of the order. If it doesn't, then you 23 - wouldn't need to resign it. = 24 CHAIRMAN RUSSELL: Is there a motion to 25 strike itemNo

. 9fromthe memo? II Page 263 MR . ROSSBACH: So moved. CHAIRMAN RUSSELL: It's been moved. Is 3 there a second? 4 MS. KAISER: Second. 5 CHAIRMAN RUSSELL: And authorizing the 6 Board Chair to sign the order. That would be part 7 of it. 8 MR

. ROSSBACH: That would be part. 9 CHAIRMAN RUSSELL: All those in favor, 10 signify by saying aye. 11 (Response) 12 CHAIRMAN RUSSELL: Opposed. 13 (No response) 14 CHAIRMAN RUSSELL: Thanks, David, and 1 15 thank you for writing the public hearing thing up 16 for me. 17 I did ask if anyone in the general ' 18 public would like to speakto the Board on matters 19 that we did not take up today. 20 (No response) 21 CHAIRMAN RUSSELL: Seeing none, motion 22 to adjourn. 23 MS. SHROPSHIRE: So moved. 24 CHAIRMAN RUSSELL: Is there a second? 25 MR

. ROSSBACH: Second. Page 264 I 1 CHAIRMAN RUSSELL: We're adjourned. 2 (The proceedings were concluded 3 at 4:52 p.m .) 4 ***** 6 7 -9 10 11 12 13 14 15 16 17 18 19 

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CERTIFICATE STATE OF MONTANA )

. SS. COUNTY OF LEWIS &CLARK ) I, LAURIE CRUTCHER, RPR, Court Reporter, Notary Public in and for the County of Lewis & Clark, State of Montana, do hereby certify: That the proceedings were taken before me at the time and place herein named; that the .proceedings were reported by me in shorthand and transcribed using computer-aided transcription, and that the foregoing -264 pages contain a true record of the proceedings to the best of my ability. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this day of 12006.

LAURIE CRUTCHER, RPR Court Reporter - Notary Public My commission expires March 9, 2008

.

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