BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.8.102, 17.8.302, 17.8.767, 17.8.802, 17.8.822, 17.8.902, and 17.8.1002 pertaining to incorporation by reference of current federal regulations and other materials into air quality rules

) ) ) ) ) )

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT   (AIR QUALITY)

 

            TO:  All Concerned Persons

 

            1.  On July 27, 2009, at 1:30 p.m., the Board of Environmental Review will hold a public hearing in Room 35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2.  The board will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., July 6, 2009, to advise us of the nature of the accommodation that you need.  Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

 

            3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            17.8.102  INCORPORATION BY REFERENCE--PUBLICATION DATES

(1)  Unless expressly provided otherwise, iIn this chapter where the board has:

            (a)  adopted a federal regulation by reference, the reference is to the July 1, 2007 2008, edition of the Code of Federal Regulations (CFR);

            (b) remains the same.

            (c)  adopted another rule of the department or of another agency of the state of Montana by reference, the reference is to the December 31, 2007 2008, edition of the Administrative Rules of Montana (ARM).

            (2)  For purposes of this chapter, Tthe following subparts, or portions thereof, of 40 CFR Part 60, are excluded from incorporation by reference:

            (a)  40 CFR 60, Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced After November 30, 1999, or for which Modification or Reconstruction is Commenced on or After June 1, 2001 (40 CFR 60.2000 through 60.2265, and all associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit, ruling.; and

            (b)  40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for Coal-fired Electric Steam Generating Units.

            (3)  For purposes of this chapter, Tthe following subparts, or portions thereof, of 40 CFR Part 63 are excluded from incorporation by reference:

            (a) through (d) remain the same.

 

            AUTH:  75-2-111, MCA

            IMP:  Title 75, chapter 2, MCA

 

            17.8.302  INCORPORATION BY REFERENCE  (1)  For the purposes of this subchapter, the board adopts and incorporates by reference the following:

            (a)  40 CFR Part 60, pertaining to standards of performance for new stationary sources and modifications, with the following exceptions:

            (i)  40 CFR 60.1500 through 1940 and tables 1 through 8 (subpart BBBB), emission guidelines for existing small municipal waste combustion units, are not incorporated by reference; and

            (ii)  40 CFR 60.4141-4142, pertaining to mercury allowance allocations;

            (b) through (4) remain the same.

 

            AUTH:  75-2-111, 75-2-203, MCA

            IMP:  75-2-203, MCA

 

            17.8.767  INCORPORATION BY REFERENCE  (1)  For the purposes of this subchapter, the board adopts and incorporates by reference:

            (a) and (b) remain the same.

            (c)  40 CFR Part 60, specifying standards of performance for new stationary sources, except for 40 CFR 60.4141-4142, pertaining to mercury allowance allocations;

            (d) through (4) remain the same.

 

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

            IMP:  75-2-211, 75-2-215, MCA

 

            17.8.802  INCORPORATION BY REFERENCE  (1)  For the purposes of this subchapter, the board adopts and incorporates by reference the following:

            (a) and (b) remain the same.

            (c)  40 CFR Part 58, Appendix B, pertaining to quality assurance requirements for prevention of significant deterioration air monitoring;

            (d) (c)  40 CFR Part 60, pertaining to standards of performance for new stationary sources, except for 40 CFR 60.4141-4142, pertaining to mercury allowance allocations;

            (e) through (g) remain the same, but are renumbered (d) through (f).

            (2) through (5) remain the same.

 

            AUTH:  75-2-111, 75-2-203, MCA

            IMP:  75-2-202, 75-2-203, 75-2-204, MCA

 

            17.8.822  AIR QUALITY ANALYSIS  (1) through (8) remain the same.

            (9)  The owner or operator of a major stationary source or major modification shall meet the requirements of 40 CFR Part 58, Appendix B, during the operation of monitoring stations for purposes of satisfying this rule.

 

            AUTH:  75-2-111, 75-2-203, MCA

            IMP:  75-2-202, 75-2-203, 75-2-204, MCA

 

            17.8.902  INCORPORATION BY REFERENCE  (1)  For the purposes of this subchapter, the board adopts and incorporates by reference the following:

            (a)  40 CFR Part 60, pertaining to standards of performance for new stationary sources, except for 40 CFR 60.4141-4142, pertaining to mercury allowance allocations;

            (b) through (5) remain the same.

 

            AUTH:  75-2-111, 75-2-203, MCA

            IMP:  75-2-202, 75-2-203, 75-2-204, MCA

 

17.8.1002  INCORPORATION BY REFERENCE  (1)  For the purposes of this subchapter, the board adopts and incorporates by reference the following:

(a)  40 CFR Part 60, pertaining to standards of performance for new stationary sources, except for 40 CFR 60.4141-4142, pertaining to mercury allowance allocations;

            (b) through (5) remain the same.

 

            AUTH:  75-2-111, 75-2-203, MCA

            IMP:  75-2-202, 75-2-203, 75-2-204, MCA

 

            REASON:  The board is proposing to amend the air quality rules to adopt the current editions of federal regulations and state rules that are incorporated by reference.  The board is proposing to amend ARM 17.8.102(1) to adopt revisions to federal regulations published in the July 1, 2008, edition of the Code of Federal Regulations (CFR) and revisions to state rules published in the December 31, 2008, edition of the Administrative Rules of Montana.  The board adopts and incorporates by reference federal regulations, including emission standards, to ensure that Montana's air quality rules are at least as stringent as federal air quality regulations, in order to maintain primacy and federal delegation of Montana's air quality program, and in order to timely implement emission standards that have been developed on the federal level pursuant to a federal program of emissions control.

            The board is proposing to delete references to 40 CFR Part 60, Subpart HHHH, EPA's Clean Air Mercury Rule (CAMR), which was vacated by the D. C. Circuit Court of Appeals on February 8, 2008.  Effective April 17, 2009, the board excluded CAMR from incorporation by reference of 40 CFR Part 60, in ARM 17.8.102, which applies to the entire chapter of air quality rules.  References to CAMR being excepted from incorporation by reference of 40 CFR Part 60 remain in certain individual subchapters of the air quality rules, including ARM 17.8.302, 17.8.767, 17.8.802, 17.8.902, and 17.8.1002.  The board is proposing to delete those references because they are no longer necessary.  This proposed amendment is not intended to have any substantive effect, as the board intended for its April 2009 amendment of ARM 17.8.102 to delete CAMR from applicability to the Montana air quality rules.

            The board also proposes amendments to ARM 17.8.102(1), (2), and (3) to clarify that these provisions apply to the entire chapter, and the board proposes to delete ARM 17.8.802(1)(c) and 17.8.822(9), which require compliance with the ambient monitoring requirements of 40 CFR Part 58, Appendix B, because that appendix no longer exists.

 

            4.  Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing.  Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., August 3, 2009.  To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5.  Katherine Orr, attorney for the board, or another attorney for the Agency Legal Services Bureau, has been designated to preside over and conduct the hearing.

 

            6.  The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding:  air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov, or may be made by completing a request form at any rules hearing held by the board.

 

            7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

Reviewed by:                                     BOARD OF ENVIRONMENTAL REVIEW

 

 

/s/ David Rusoff                                   BY:  /s/ Joseph W. Russell                                  

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

Rule Reviewer                                            Chairman

 

            Certified to the Secretary of State, June 15, 2009.