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 Program for 

inclusion into the SIP. The Board of Environmental Review approved 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 them to 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 

USEPA RAS OFFIICE 

'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 County Commission, 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. 

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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 Review Findings 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 

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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 

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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 Reasonably Available 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 

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) 

) 

) 

) 

BEFORE THE BOARD OF ENVIRONMENTAL REVIEW 

OF THE STATE OF MONTANA 

In the Matter of the Application of ) 

Lincoln County for 

Approval of Amendments to 

Its Local Air Pollution 

Control Program. 

1 . 

Subject: Lincoln County 

Air Pollution 

Control Program 

MEMORANDUM 

AND ORDER 

MEMORANDUM 

Lincoln County (the County) has filed an application with the Board of Envirornnental Review 

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

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

2005, in Helena, Montana. 

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

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

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

the Board, with the most recent revisions being approved by the Board on February 1, 1996. 

3. 

4. 

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

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

Control District, as defined in the Program, including the City of Libby and surrounding area . 

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

regulations is attached to this Order as Exhibit A. 

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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, and updates to references for internal and external citations. 

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

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

(c) Revision of definitions in Subchapter 1 . 

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

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

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

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

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

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

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

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

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

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

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

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

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

Control District as a contingency measure. 

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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 for firefighter training burning, commercial film production burning, fuel hazard 

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

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

and revisions to general compliance and permitting requirements . 

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

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 30 days after second and final adoption. 

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

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

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

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

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

activities than comparable state rules. 

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

comment, held a hearing, and made a written finding, after the hearing and connnent period, that Subchapter 4 

provisions for outdoor burning protect public health or the 

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Subject: Lincoln County 

Air Pollution 

Control Program 

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

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

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

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

by appropriate administrative and judicial processes. 

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

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

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

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

emission sources and activities not expressly subject to County jurisdiction . 

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

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

approved by the Board. 

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

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

program after a public hearing. 

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

program that: 

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

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

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

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Air Pollution 

Control Program 

(b) provides for enforcement of requirements by appropriate administrative and judicial 

processes; and 

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

necessary to effectively and efficiently carry out the program. 

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

75-2-301(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 pollution control program makes a written finding after the public 

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

requirement: 

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

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

(iii) is achievable with current technology. 

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

301(4)(a), MCA, must reference information and peer-reviewed scientific studies contained in the record that 

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

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

attributable to the proposed local standard or requirement. 

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STATE OF MONTANA Subject: Lincoln County 

AIR QUALITY CONTROL Air Pollution 

IMPLEMENTATION PLAN Control Program 

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

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

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

in accordance with Title 2, chapter 3, part 1, MCA. 

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

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

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

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

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

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

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

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

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

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

ORDER 

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

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

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

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3 

4~I 

6 

1 

8 

9 

l0~ 

DATED Cnis .C 3 day of ~~~LH., . , 2006 . 

Program . 

Subject : Lincoln County 

Air Pollution 

Control Program 

2 . Within ten (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 of the starus ef local 

approval of the Program amendments and shall submit documentation that -the Program 

amendments have become effective on the local level . The Secretary of the Board shall attach 

that docwnentation to the original of this 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 Program Coordinator. 

3 . The County shall inform alt persons who submitted written comments or attended 

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

4. The Department shall retain control over any airpollutant sources regulated under 

the Clean Air Act of ytontsna that are nor covered by the 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: 

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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. 

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HEALTH AND 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 matter with an aerodynamic diameter of less than or equal,to a 

nominal 2.5 micrometers . 

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75.1 .104 SELECTION & IMPLEMENTATION OF CONTINGENCY MEASURE PROGRAMS : 

(1) Upon notification by DEQ or 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 60 days of notification from 

DEQ or EPA, the Department shall implement the following contingency measure(s) to reduce 

emissions from a 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, DEQ shall 

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 

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 review and 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 review and 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 law enforcement officials . 

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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 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 from local 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 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 system that has been certified by EPA test method as having 

emissions <4.1 grams/hour. 

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(6) "Standard Non-Catalytic Device" means a solid fuel burning device with a noncatalytic emissions control system that 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 conform to 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 allow the 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 allow the 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 Department for 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 .208 would automatically invalidate the operating permit for this 

type of device . 

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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 .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 from person to person or from place 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 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 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 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 PENALTY ASSESSMENTS: 

(1) The Department shall issue a "Notice of Violation" 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 subsequent violations, the Department shall process each 

notice of violation 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. 

Replaces Pages: 27.9 .1 (6) 1 Dated: February 1, 1996 

March 23, 2006 Page: 6 of 18 

Page 27.9 .1 (6) 
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 

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STATE OF MONTANA 

AIR QUALITY CONTROL 

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Subject: Lincoln County 

Air Pollution 

Control Program 

(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 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 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 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 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 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 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 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 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 from all 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 from equipment 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 

from their facility from adjoining 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 

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 low traffic volume roads should have a low priority . 

(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 of waste materials . 

(2) Experience has demonstrated that air quality degradation and public health 

problems are often associated with the improper burning of waste 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 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 of controlling emissions of pollutants from an 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 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 DEQ to 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 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 from commercially 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 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 calendar year of carbon monoxide or 50 tons per calendar year 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 

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 and gas wells, sulfur 

recovery plants or elemental phosphorus plants . 

(13) "Residential Burning" means any outdoor burning conducted on a residential, 

farm or ranch property to dispose of vegetative wastes . 

(14) "Salvage operation" means any operation conducted in whole or in part to 

salvage or reclaim any 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 by outdoor burning: 

(a) any waste moved from the premises where it was generated ; 

(b) food wastes; 

(c) styrofoam and 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 petroleum products ; 

(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 from a 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 unduly wet or wintry weather conditions during the month 

of April, 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 from a fire protection agency and 

approval from the 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 from the 

Department prior to initiating any outdoor burn. 

(3) All burners shall apply for and receive any necessary fire permit(s) from the 

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. 

Replaces Pages: 27 .9 .1 (14) 1 Dated: February 1, 1996 

March 23, 2006 Page: 14 of 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 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 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 Film Production Burns : 

(a) Anyone planning to conduct Commercial Film Production outdoor 

burning shall apply for and receive a Commercial Film Production Permit issued 

by DEQ. 

(b) Anyone planning Commercial Film Production 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 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. 

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 System License 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 allow the burning of untreated wood waste unless they have first applied for 

and received a permit for such outdoor burning from the 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 from open 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 conform with 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 system license 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 form provided 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 10 days prior to submittal of an application and no later 

than ten days after submittal of an application. Form of 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: 16 of 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 20 days 

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 from the 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 . 

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 of Air 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 program testimony. 

~(11) Written public testimony (if any) . 

~(12) Responses to public testimony (if any). 

~' (13) Board of Environmental Review Agenda . 

~/(14) Board of Environmental Review hearing transcript. 
1 
LINCOLN COUNTY - LIBBY CITY COUNCIL 

JOINT PUBLIC HEARING 

MONDAY, FEBRUARY 27, 2006 @ 7:00 PM 

PONDEROSA ROOM 

CITY HALL 

Lincoln County/City of Libby Air Pollution Control Ordinances 

The public is invited to attend . Comments will be taken. 

CITY OF LIBBY - CITY COUNCIL 

SPECIAL MEETING AGENDA 

MONDAY, FEBRUARY 27, 2006 

(IMMEDIATELY FOLLOWING THE PUBLIC HEARING) 

1 . CALL TO ORDER 

Pledge of Allegiance/Roll Call/Welcome 

2. Ordinance No . 1654 City of Libby'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 may be 

discussed as well . 

ADJOURNMENT 

The public is encouraged to attend . 
AGENDA 

Joint Public Hearing 

Lincoln County/City of Libby 

Amended Air Quality Regulations 

7:00 p.m., Monday, February 27, 2006 

Libby City Council Chambers 

7: 00 p. m. : Open meeting for Public Comment 

Immediately after Public Comment Period: Action 

on Air Pollution Control Resolution 
PUBLIC HEARING 

OF LINCOLN COUNTY AND THE CITY OF LIBBY 

FEBRUARY 27, 2006 - 7 P.M. 

PONDEROSA ROOM - CITY H'ALL 

City Council President Charlene Leckrone called the public hearing to order at 7:QQ p.m. 

and led the pledge of allegiance. Lincoln County Commissioners. Windona, Konzen, 

Lincoln County Administrator Bischoff and Ron~ Anderson and Kendra Lind from the 

Lincoln County Environmental Health were present. Also present were Libby City 

Council members Botb.man, Leckrone, McElmun.y, ~ and Roll, City Services Supervisor 

Dan Thede, and City Clerk Chris Erickson. Council member Crismore was absent. . 

A public hearing was held to listen to pros and cons from the public regarding the revised 

Lincoln County Air Pollution Control Ordinance that was slated for adoption. 

Ron Anderson, Director of Lincoln County Environmental Health, gave a brief overview 

of the health and environment regulations set for by the Environmental. Protection 

Agency and explained the reason for adoption of the ordinance. 

The following public was heard: 

Alvin Bennett discussed new construction regulations; 

Duane Williams inquired about fireplace regulations; 

Debra Sprankel had questions regarding the monitoring capabilities of such a program; 

Van Swearingen inquired as to the accuracy of the scientific nature of the testing; and 

Jamie Brebner asked about wood cook stoves that are not used for heating. 

Kendra Lind from the Lincoln County Environ3nental 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 of the ordinance; 

ATTEST: 

City Council President 

141 

Chris A. Eric1cson, City Clerk 
SPECIAL MEETING 

OF THE CITY COUNCIL OF THE CITY OF LIBBY 

FEBRUARY 27, 2006 - 8:20 P.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 

Erickson were present. Council member Crismore was absent. 

The second reading was done for Ordinance No. 1654 City of Libby's Air Pollution 

Control Ordinance. 

Mr. Bothman moved to adopt Ordinance No. 1654 City of Lbby's Air Pollution Control. 

Mr. McElmurry seconded the motion. 

Motion carried . 

Mr. Roll moved to accept Resolution No. 1660 Approve and Adopt Revisions to the 

Lincoln County Air Pollution Control Program. 

Mr. McElmurry seconded the motion. 

Motion carried. ' 

Tom Wood, Libby Revitalization Board Member, explained the signif cance of 

incorporating a Main Street Program within 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 from a 

city council member. It was agreed that appointment would be at a later date. 

Mr. Bothman moved to accept Resolution No. 1661 Endorsing Participation in the Main 

Street Program and Authorizing the Selection of a City Employee to be a Member of the 

Board of Directors of the Local Main Street Program. . 

Mr. Roll seconded the motion. 

Motion carried. 

There was no request for public 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 

APPROVING AND ADOPTING REVISIONS TO 

THE LINCOLN COUNTY AIR POLLUTION 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 of Libby; 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 of the City 

of Libby, Montana approves and adopts the revisions to the Lincoln County Air Pollution 

Control 'Program which are attached hereto and made a part of this 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 County Air Pollution Control Program for inclusion into the 

Montana state implementation plan. 

Passed and approved this 27`h day of February 2006. 

Chris A. Erickson, City Clerk 
HEALTH AND 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 matter with 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 DEQ or 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 60 days of notification 

from DEQ or EPA, the Department shall implement the following contingency measure(s) to 

reduce emissions from a 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, DEQ shall 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 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 review and 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 review and 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 NAAQSIMAAQS 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 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 the Air Pollution Control 

District except for sources exempt from local 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 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 system that 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 system that 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 conform to 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 allow the 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 allow the 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 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. Implementation 
of 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 from person to person or from place 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 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 

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 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 PENALTY ASSESSMENTS: 

(1) The Department shall issue a "Notice of Violation" 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 subsequent violations, the Department shall process 

each notice of violation 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 & 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 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 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 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 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 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/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 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 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 from all roads. 

75.1 .306 SPECIFIC MEASURES FOR COMMERCIAL YARDS/LOTS: 

(1) Operators of all commercial yards/lots shall implement measures to prevent 

the collection and deposition of dust from equipment 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 from their facility from adjoining 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 low traffic volume roads should have a low priority . 

(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 of waste materials . 

(2) Experience has demonstrated that air quality degradation and public health 

problems are often associated with the improper burning of waste 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 of controlling emissions of pollutants from an 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 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 DEQ to 

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 from commercially 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 calendar year of carbon monoxide or 50 tons per 

calendar year of any other pollutant regulated under ARM 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 and gas wells, sulfur recovery plants or elemental phosphorus plants . 

(13) "Residential Burning" means any outdoor burning conducted on a 

residential, farm or ranch property to dispose of vegetative wastes. 

(14) "Salvage operation" means any operation conducted in whole or in part to 

salvage or reclaim any 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 by outdoor burning : 

(a) any waste moved from the premises where it was generated ; 

(b) food wastes; 

(c) styrofoam and 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 petroleum products; 

(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 from a 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 unduly wet or wintry weather conditions during the 

month of April, 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 from a fire protection agency and 

approval from the 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) from the 

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) 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 training 

10 
burn. 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 Film Production Burns: 

(a) Anyone planning to conduct Commercial Film Production outdoor 

burning shall apply for and receive a Commercial Film Production Permit 

issued by DEQ. 

(b) Anyone planning Commercial Film Production 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 System License 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 allow the burning of untreated wood waste unless they have first 

applied for and received a permit for such outdoor burning from the 

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 from open 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 conform with 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 system license 

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 form provided 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 10 days prior to submittal of 

an application and no later than ten days after submittal of an application . 

Form of 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. 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 from the 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. 
G 

O 

A 

 

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2 
3 
PUBLIC HEARING 

OF LINCOLN COUNTY AND THE CITY OF LIBBY 

FEBRUARY 27, 2 006 - 7 P.M. 

PONDEROSA ROOM - CITY HALL 

City Council President Charlene Leckrone called the public hearing to order at 7:00 p.m. 

and led the pledge of allegiance. Lincoln County Commissioners. Windom, Konzen, 

Lincoln County Administrator Bischoff and Ron~ Anderson and Kendra Lind from the 

Lincoln County Environmental Health were present. Also present were Ltbby City 

Council members Bothman, Leclffone, McElmurry, and Roll, City Services Supervisor 

Dan Thede, and City Clerk Chris Erickson. Council member Crismore was absent. . 

A public hearing was held to listen to pros and cons from the public regarding the revised 

Lincoln County Air Pollution Control Ordinance that was stated for adoption . 

Ron Anderson, Director of Lincoln County Environmental Health, gave a brief overview 

of the health and environment regulations set for by the Environmental Protection 

Agency and explained the reason for adoption of the ordinance. 

The following public was heard: 

Alvin Bennett discussed new construction regulations; 

Duane Williams inquired about fireplace regulations; 

Debra Spranlcel had questions regarding the monitoring capabilities of such a program; 

Van Swearingen inquired as to the accuracy of the scientific nature of the testing; and 

Jamie Brebner asked about wood cook stoves that are not used for heating. 

Kendra Lind from the 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 of the ordinance: 

Charlene-l-etI55p~ City Council President 

ATTBST: 

> 

. 

Chris A. Erickson, City Clerk 
Lincoln County Commissioners 

Minutes of meeting February 27, 2006 

The Board of Lincoln County Commissioners met for a special session in the Ponderosa 

Room at the Libby City Hall Complex. Present were Commissioners Rita R. Windom 

and John C. Konzen, and Executive Assistant, Bill Bischoff. Commissioner Marianne 

Roose had a prior commitment and was unable to attend . 

The meeting was convened by acting Chairman Rita Windom after the public comment 

period held for the revisions to the Lincoln County Air Pollution Control Program 

regulations. 

The only item on the agenda was action on the proposed resolution for adopting the 

revised regulations . Commissioner Konzen made a motion to pass Resolution No. 725. 

Commissioner Windom seconded 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 6 January, 1993, Lincoln County Air Pollution Control Ordinance as are required 

by the Environmental Protection Agency to approve inclusion of this ordinance in the Libby SIP ; 

and 

WHEREAS, the absence of E.P.A. approved local air pollution control regulation would result 

in the implementation of Federally mandated regulations which could cause severe hardship, 

economic and otherwise, upon a substantial number of citizens of Lincoln County; and 

WHEREAS, the proposed revisions to the Lincoln County Air Pollution Control Program 

contain certain provisions regarding outdoor burning which are more 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: 

" protect public health or the environment of affected areas Lincoln County; 

" can mitigate harm to the environment to the public 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 directly attributed to the proposed revisions. 

NOW THEREFORE BE IT RESOLVED that the Lincoln County Commission hereby 

approves and adopts the proposed revisions to the Lincoln County Air Pollution Control Program 

which are attached to and made a part of this 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 FURTHER RESOLVED that the Lincoln County Commission recommends the 

Governor of the state of Montana submit the revisions to the Lincoln County Air Pollution 

Program for inclusion into the Montana state implementation plan. 

DONE 1N SESSION this 27~' day of February, 2006. 

LINCOLN COUNTY BOARD OF COMMISSIONERS 

. 

Marianne B. Roose, Chairman 

ATTEST : 

Coral M. Cummi.ngs, Clerk of the B9 
HEALTH AND 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 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 DEQ or 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 60 days of notification 

from DEQ or EPA, the Department shall implement the following contingency measure(s) to 

reduce emissions from a 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, DEQ shall 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 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 review and 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 review and 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 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 the Air Pollution Control 

District except for sources exempt from local 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 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 system that 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 system that 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 conform to 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 allow the 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 allow the 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 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) 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 .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 from person to person or from place 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 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 

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 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 PENALTY ASSESSMENTS: 

(1) The Department shall issue a "Notice of Violation" 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 subsequent violations, the Department shall process 

each notice of violation 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 

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 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 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 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 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 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/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 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 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 from all roads. 

75.1 .306 SPECIFIC MEASURES FOR COMMERCIAL YARDS/LOTS: 

(1) Operators of all commercial yards/lots shall implement measures to prevent 

the collection and deposition of dust from equipment 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 from their facility from adjoining 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 low traffic volume roads should have a low priority . 

(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 of waste materials . 

(2) Experience has demonstrated that air quality degradation and public health 

problems are often associated with the improper burning of waste 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 of controlling emissions of pollutants from an 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 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 DEQ to 

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 from commercially 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 calendar year of carbon monoxide or 50 tons per 

calendar year of any other pollutant regulated under ARM 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, farm or ranch property to dispose of vegetative wastes. 

(14) "Salvage operation" means any operation conducted in whole or in part to 

salvage or reclaim any 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 by outdoor burning : 

(a) any waste moved from the premises where it was generated ; 

(b) food wastes; 

(c) styrofoam and 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 petroleum products ; 

(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 from a 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 unduly wet or wintry weather conditions during the 

month of April, 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 from a fire protection agency and 

approval from the 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 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) from the 

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 training 
burn. 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 Film Production Burns : 

(a) Anyone planning to conduct Commercial Film Production outdoor 

burning shall apply for and receive a Commercial Film Production Permit 

issued by DEQ. 

(b) Anyone planning Commercial Film Production 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 System License 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 allow the burning of untreated wood waste unless they have first 

applied for and received a permit for such outdoor burning from the 

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 from open 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 conform with 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 system license 

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 form provided 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 10 days prior to submittal of 

an application and no later than ten days after submittal of an application . 

Form of 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. 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 from the 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 Room at 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 program at 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 

FOR CONTROL OF AIR POLLUTION 

Byrer, Dale, Foreman c/o 512 California 293-4557 Lincoln County 

Road Dep't.- 

Libby District 

Caldwell, William 14096 Highway 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 Lodge pole Way 293-8233 Citizen 

Leimbach, Paul 394 N. Central 293-3205 

Levert, Ed 5220 Kootenai River 

Road 

293-2847 National Fire Plan 

Coordinator for 

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 510 McMillan 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 126 Pipe Creek Road 293-6204 Plum Creek 
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 of Libby Clerk/Treasurer 

FROM: Kendra J. Lind, R.S . 

DATE: 23 January, 2006 

SUBJECT: Establishment of a Repository for the documents comprising the proposed revisions to the Libby/Lincoln County 

Air Pollution Control Ordinance 

Chris; 

Please make the attached documents available at your office for public review until at least February 27, 2006. 
Lincoln County, Montana Public Hearing - 

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Contact Information 

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Main Courthouse: 406-293-7781 512 California Ave, Libby, M 

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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 Room at 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 program at 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. 

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, 2009 
8 
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 follow specific 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 law if the program makes 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 harm to 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 from the 

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 Program includes 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 film production 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 from potential future air quality impacts 

from these 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 from these 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 from the 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 from March through 

November. From March through August, major open burners may burn at their 

discretion. From September through November, major open burners are 

required to call the DEQ hotline and comply with any issued restrictions . Major 

open burning is generally prohibited during December, January, and February. 

Any planned major open burning that deviates from that described in the permit 

requires prior DEQ approval. 

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 from local fire districts or 

other fire hazard agencies and to receive approval from Lincoln 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 DEQ hotline 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 allow an individual the 

opportunity to burn vegetative waste generated from a 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 from the 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 from local fire districts or other 

fire hazard agencies and to receive approval from Lincoln 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 from their 

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 film production 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 from applicable 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 minimum of 

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 $200 for 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 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, Kjellstrom T, et. al. (2005). "Health and Air Pollution in New Zealand" 

prepared for Health Research Council . 1 September 2005 

Gerstle R. W. & Kemnitz D A (1967). "Atmospheric emissions from open 

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 D et. al . (2002). "Speciation of gas-phase and fine particle 

emissions from burning of foliar fuels." Environ Sci Technol . 2002 Jun 

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 DNR Air 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 from the 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-Term health 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 C V (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 from agricultural 

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://www epa 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). "PM Health 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. 

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 am the Director of the Air Quality program of the Lincoln County 

Environmental Health Department. I am here today to testify in favor of the revisions to the Lincoln 

County Air Pollution Control Program and 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 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 harm to the public health, and is achievable with current technology. I am also 

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 older woodstoves. Replacement woodstoves must meet 

certain emission criteria and no one may install or operate a woodstove without applying for and 

receiving a permit from the Department. 

In order to reduce road dust from unpaved 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 from roads. The revisions require the use of liquid 

de-icer and strictly limit the use of winter 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 from adjoining roads. 

In order to reduce emissions from outdoor 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 from any agency responsible for fire hazard management, and Department approval prior 

to each ignition . Management burning require approval from fire 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 from the 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 follow specific 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 law if the program makes 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 harm to 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 from the 

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 Program includes 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 film production 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 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 from potential future air quality impacts 

from these 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 from these 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 from the 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 from March through 

November. From March through August, major open burners may burn at their 

discretion . From September through November, major open burners are 

required to call the DEQ hotline and comply with any issued restrictions . Major 

open burning is generally prohibited during December, January, and February . 

Any planned major open burning that deviates from that described in the permit 

requires prior DEQ approval . 

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 from local fire districts or 

other fire hazard agencies and to receive approval from Lincoln 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 DEQ hotline 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 allow an individual the 

opportunity to burn vegetative waste generated from a 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 from the 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 from local fire districts or other 

fire hazard agencies and to receive approval from Lincoln 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 from their 

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 Bu rning 

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 film production 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 from applicable 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 minimum of 

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 $200 for 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 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, Kjellstrom T, et. al . (2005) . "Health and Air Pollution in New Zealand" 

prepared for Health Research Council . 1 September 2005 

Gerstle R. W. & Kemnitz D A (1967). "Atmospheric emissions from open 

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 D et. al . (2002) . "Speciation of gas-phase and fine particle 

emissions from burning of foliar fuels ." Environ Sci Technol. 2002 Jun 

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 DNR Air 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 from the 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-Term health 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 C V (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 from agricultural 

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://www epa 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) . "PM Health 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 PROPOSED AIR 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, 2006 through 5 :00 P .M . on February 27, 2006). 

Comments and responses from the 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, MARCH 23 

Note the change in Location: 

STATE CAPITOL, ROOM 317 

1301 EAST SIXTH AVENUE, HELENA, MONTANA 

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

begin the meeting at the time specified . However, the Board might not address the specific agenda items in 

the order they are scheduled . Persons with disabilities who need an accommodation in order to participate in 

this meeting, should contact the Board Secretary at (406) 444-2544. 

9 :00 A.M. 

I. ADMINISTRATIVE AGENDA ITEMS 

A. 

B. 

C. 

Review and approve minutes of February 3, 2006, regularly scheduled Board meeting. 

MeetinQ Minutes 

Review and approve minute November 9 & 10, 2005, hearings summary pertaining to 

coalbed methane rules. 

Hearing Summary 

Review and approve December 1, 2005, hearing summary pertaining to coalbed methane 

rules. 

Hearing Summary 

II. BRIEFING AGENDA ITEMS 

A. CONTESTED CASE 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 of the parties, has vacated the hearing schedule 

and placed the case on hold until further notice of one or more of the 

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 review the final decision of DEQ to 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 of Assumption of Jurisdiction 

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 2006 Agenda Page 2 of 6 

as of January 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 (BER 2004-15 WQ). 

On October 20, 2004, the Board received a letter from the City Manager of 

Lewistown appealing assessment of $11,608 in administrative penalties for 

violations of the Water Quality Act. On September 21, 2004, DEQ had 

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 of proceedings 

pending settlement discussions. The parties were given until March 3, 

2006, to submit a proposed hearing schedule or settlement document. 

d. In the matter of Violations of the Water Quality Act by ASARCO, 

Inc., (BER 2005-09 WQ). The Board received a request for hearing 

regarding an Administrative Penalty Order issued by DEQ for the alleged 

failure to pay annual permit fees on the MGWPCS permit for discharges 

from the Paymaster Mine Adit located in Lewis and Clark County. DEQ 

claims ASARCO should 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 or settlement papers and Hearing 

Examiner Tom Bowe granted the request. On August 24, 2005, Hearing 

Examiner Katherine Orr issued a notice of Assumption of Jurisdiction and 

upon review of the Department's proposed hearing schedule, set a date for 

a Prehearing Conference of December 14, 2005, at which time a date for 

the hearing will be determined. The hearing examiner issued a Stay of 

Proceedings on January 19, 2006, upon the notification of the 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 of Jurisdiction referencing the Order Staying Contested 

Case Proceedings . 

f. In the matter of the request for hearing of Jay Gasvoda, d/b/a 

Gasvoda Construction, BER 2005-17 OC, regarding the Notice .of 

Violation and Statement of Proposed Penalty issued by DEQ on 

September 14, 2005. On October 6, 2005, the Board received the appeal 

letter from Mr. Gasvoda appealing the issuance of a Notice of Violation 

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, to propose a hearing schedule . 

A hearing schedule was issued by the hearing examiner on December 2, 

2005 . A hearing 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 6 

gj . 

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 order was 

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 of Air Quality Permit No. 3182-01, issued for the Roundup 

Power Project, BER 2005-21 AQ. The parties were given until 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 Brief in Support of the 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, 

BER 2006-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 given until 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. A hearing is set 

for May 9, 2006. 

III. ACTION AGENDA ITEMS 

A. REPEAL, AMENDMENT OR ADOPTION OF FINAL RULES : 

1 . In the matter of Public 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 review of 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 of Public Hearing on Proposed Ado tp ion 

Notice of Adoption 

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 of 6 

428 and 429 enacted by the 2005 Montana Legislature. HB 428 streamlines and 

makes uniform the enforcement procedures applicable to state mining laws, 

including the Metal Mine Reclamation Act and the Strip and Underground Mine 

Reclamation Act. HB 429 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 of the rule with changes in 

response to comments. 

Presiding Officer Report 

Executive Sununary 

Notice of Public Hearing on Proposed Amendment Repeal and Adoption 

Notice of Amendment, Repeal, and Adoption , 

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 at ARM 17.30 .670. 

Executive Summary 

Notice of Public Hearing on Proposed Amendment and Adoption 

Notice of Amendment and Adoption 

Department Recommendations for Board Actions 

Comments on Economic Impact Statements and Responses 

4. In the matter of the amendment of ARM 17.8.504,17.8.505, and 17.8.744 and 

the adoption of New Rules I through IX to establish a registration system for 

certain facilities that presently require an air quality permit. The proposed 

new rules would establish a general registration system and 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 modifying the 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 of Public Hearing on Proposed Amendment and Adoption 

Notice of Amendment and Adoption 

B. INITIATION OF RULEMAKING AND APPOINTMENT OF HEARING OFFICER: 

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

rulemaking to: 

1 . Amend ARM 17.8 .740 and 17.8 .767 and adopt New Rules I and II pertaining to 

control of mercury emissions from facilities 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 2006 Agenda Page 5 of 6 

Notice of Public Hearing o n Proposed Amendment and Adoption 

2. Update the Air Quality Incorporation by Reference Rules at ARM 17.8 .102 (annual 

update). 

Executive Summary 

Notice of Public Hearing on Proposed Amendment 

C. HEARINGS WITH ACTION 

In the matter of consideration of proposed revisions to the Lincoln County Air 

Pollution Control Program. EPA designated 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 

Air Act. 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 program rules are revised to control emissions of PM2 .5 from these 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 program revisions . 

Memorandum and Order 

D. FINAL ACTION ON APPEALS: 

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 from Ralph Hernandez, Mayor, that the Town of Ennis appeals its 

MPDES permit for its wastewater discharge system, which was recently issued by 

DEQ. A First 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 2005-20 WQ, 

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. Code Ann. § 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 Kimberly Thomas, 

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 the jurisdiction of 

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

are not public matters on which the public may comment. 

V. ADJOURNMENT 

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 

am an air quality specialist with the Montana Department of Environmental Quality. The 

Department reviewed Lincoln County's proposed revisions to the local air pollution 

control program rules 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 program pursuant to 75-2-301, et seq . The Department 

supports Lincoln County's proposed rule revisions and recommends the Board adopt 

the revisions; a proposed memorandum and 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 . 

F:\CB7306\Word\Counties\Lincoln\Libby_PM\RULES\DebTestimony.doc 

1 
14 
1 

, 

Page 250 

CHAIRMAN RUSSELL: The next item on the 

agerida is the executive summary regarding action 

on the Lincoln County Air Pollution Control 

Program revisions . 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 County Air 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 

program if the county and any municipalities 

encompassed by the program have approved the 

program, and if the program is approved by the 

Montana Board of Environmental Review. The Board . 

may approve a local program that 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 

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8 

9 

1Q 

11 

12 

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14 

15 

16 

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23 . 

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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 harm to 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'm the Director of the Air Quality 

21 Program for Lincoln County. I'm here 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 250 to 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 for fine 

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 Air Act. 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 of air 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 

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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 harm to 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 of wood 

CRUTCHER COURT REPORTING - (406)442-8262 

a970b130-75b0-426c-8b30-e47b45c9753a 
Page 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 from our 

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 from roads. 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 from adjoining 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 from any agency 

Page 255 

responsible for fire hazard management, and 

1 department approval prior to each emission. 

3 Management burning requires approval 

4 from fire hazard agencies, and department approval 

5 prior to each emission . The Department may 

6 approve emergency burning following an evaluation 

7 of a demonstration that the situation is a bona 

8 fide emergency. 

9 Outdoor burning conducted at a licensed 

10 landfill remains unchanged from the 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 from the Department of 

16 Environmental Quality . 

17 This concludes my written testimony, and 

18 I would gladly accept any questions or offer any 

19 further comments if the Board so chooses. 

20 CHAIRMAN RUSSELL: Thanks, Ron. We can 

21 get back to you after we 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'm an 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 program rules, 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 memorandum and 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) 

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Page 257 

CHAIRMAN RUSSELL: Opponents? Are there 

any opponents that would like to speak to this 

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 

~65 (Pages 254 to 257) 

CRUTCHER COURT REPORTING - (406)442-8262 

a970b130-75b0-426c-8b30-e47b45c9753a 
. Page 258 

1 CHAIRMAN RUSSELL: Thanks, Ron. The 

2 next .item on 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 2005-18 WQ, 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 item was 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) 

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CHAIRMAN RUSSELL: Motion carries. We 

have some new contested 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 what we 

did today. Is there anyone who would like to 

speak before we adjourn? Tom has some stuff. 

MR. LIVERS: A clean up item, Mr. 

Chairman, regarding the Lincoln County issue. 

There's a paragraph that should have been pulled 

from the order that you approved, memorandum 

order, and if you'd just like to vote real 

quickly, with that removed. It's really not 

substantive. David can explain real quickly . 

MR. RUSOFF: Good afternoon. I'm David 

Rusoff. I'm an 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 County Attorney, 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 

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Page 262 

, 1 order. That was a carry over from the 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 memorandum and 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 memorandum and order to see if 

11 there were any other references to Section 

12 7-11-1107, and as I was sitting here, I just saw 

13 one in Paragraph 9. 

14 And my recommendation would be for the 

15 Board to delete Paragraph 9 from the memorandum 

16 section of the memorandum, in order to be 

17 consistent with the revisions that were 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 item No. 9 from the 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 speak to 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.) 

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Page 265 

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. 

67 (Pages 262 to 265) 

CRUTCHER COURT REPORTING - (406)442-8262 

, 

a970b130-75b0-426c-8b30-e47b45c9753a