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| Montana Administrative Register Notice 17-334 | No. 11 06/07/2012 | |
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW OF THE STATE OF
TO: All Concerned Persons 1. On July 12, 2012, at 11:00 a.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., June 18, 2012, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.8.801 DEFINITIONS In this subchapter, the following definitions apply: (1) through (19) remain the same. (20) "Major modification" means any physical change in, or change in the method of operation of, a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the FCAA, excluding hazardous air pollutants, except to the extent that such hazardous air pollutants are regulated as constituents of more general pollutants listed in section 108(a)(1) of the FCAA. (a) Any net emissions increase that is significant for volatile organic compounds or NOx will be considered significant for ozone. (b) through (21)(d) remain the same. (22) The following apply to the definition of the term "major stationary source": (a) through (a)(iii) remain the same. (b) A major source that is major for volatile organic compounds or NOx will be considered major for ozone. (c) through (24)(g) remain the same. (25) "Nitrogen Oxides" or "NOx" means the sum of nitric oxide and nitrogen dioxide in the flue gas or emission point. (25) and (26) remain the same, but are renumbered (26) and (27). (a) "significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons per year (tpy) Nitrogen oxides (NOx): 40 tpy Sulfur dioxide (SO2): 40 tpy Particulate matter: 25 tpy of particulate matter emissions 15 tpy of PM-10 emissions PM-2.5: 10 tpy of direct PM-2.5 emissions, 40 tpy of sulfur dioxide Ozone: 40 tpy of volatile organic compounds or nitrogen oxides Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2S): 10 tpy Total reduced sulfur (including H2S): 10 tpy Reduced sulfur compounds (including H2S): 10 tpy Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 * 10-6 megagrams per year (3.5 * 10-6 tpy) Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tpy) Municipal waste combustor acid gases (measured as sulfur dioxide (b) "significant" means, in reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the FCAA, that (c) Notwithstanding (28) and (29) remain the same, but are renumbered (29) and (30). IMP: 75-2-202, 75-2-203, 75-2-204, MCA 17.8.818 REVIEW OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS--SOURCE APPLICABILITY AND EXEMPTIONS (1) through (6) remain the same. (7) The department may exempt a proposed major stationary source or major modification from the requirements of ARM 17.8.822, with respect to monitoring for a particular pollutant, if: (a) the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts: (i) through (v) remain the same. (vi) ozone: no de minimus air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to this subchapter requires an ambient impact analysis, including the gathering of ambient air quality data; (vii) through (c) remain the same. IMP: 75-2-202, 75-2-203, 75-2-204, MCA REASON: The board is proposing amendments to Montana's prevention of significant deterioration (PSD) rules to conform the rules to amendments to federal regulations by the federal Environmental Protection Agency (EPA) in 2005. The federal Clean Air Act, 42 USC 7401 through 7671q (CAA), directs each state to assure that air quality in that state meets minimum standards applicable across the nation. The CAA directs the EPA to establish National Ambient Air Quality Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on public health and welfare. Pursuant to the CAA, EPA has authorized the state of Montana to regulate major sources in the state. For Montana to retain this authority, the board is required to adopt the minimum standards applicable to major source emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 USC 7410(C). On November 29, 2005, EPA published regulations regarding the implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations required revisions to state programs for major source permitting. One of the requirements in the EPA regulations was to address ozone formation by regulating precursor pollutants. "Precursor pollutants" are pollutants that combine to form another pollutant. The federal regulations include nitrogen oxides (NOx) that react with volatile organic compounds to form ozone. In a decision published on May 19, 2011, in the Federal Register at 76 FR 28934, EPA found Montana's PSD rules for ozone inadequate because the rules do not address NOx as a precursor pollutant for ozone. The proposed amendments in this notice would address EPA's concerns and make Montana's rules for PSD permits adequate to implementing the 1997 8-hour ozone NAAQS. Generally, the proposed amendments to the rules would add NOx as a precursor pollutant that contributes to the formation of ozone. The department and applicants for permits to construct or modify major sources would be required to analyze the applicability of PSD requirements based on NOx as a precursor to ozone. The following are brief descriptions of the proposed amendments: ARM 17.8.801(20)(a) would be amended by modifying the definition of "major modification," adding NOx as a precursor pollutant for ozone when NOx emissions exceed a significance threshold. ARM 17.8.801(22)(b) would be amended to add NOx as a precursor to ozone, triggering consideration of a source as "major" for ozone when the source emits or has the potential to emit 100 tons per year of NOx. ARM 17.8.801(25) would be amended by adding a definition of the term nitrogen oxides or NOx, defining it as the sum of nitric oxide and nitrogen dioxide in the flue gas or emission point. ARM 17.8.801(27)(a) would be amended to add a significance level of 40 tons or more per year of NOx because NOx is a precursor pollutant that, in combination with VOCs, creates ozone. Ozone is not a source emission, but an increase in NOx emissions, which is a source emission, is a good surrogate for the formation of ozone. A significant increase in ozone will be assumed based on a 40 tpy or more net increase in the potential to emit of NOx. ARM 17.8.818(7)(a)(vi) would be amended to add that a net increase of 100 tons or more per year of NOx, as a precursor to ozone formation, triggers an ambient impact analysis. The board is also proposing the following amendment concerning particulate matter smaller than 2.5 microns, referred to as PM-2.5: ARM 17.8.801(27)(a), would be amended by substituting "nitrogen oxides" for "nitrogen dioxide (NO2)" as a precursor to PM-2.5 formation. In that subsection, a net emissions increase or potential to emit of 40 tons per year of NOx would cause a source to be considered major for PM-2.5 for the purpose of triggering PSD review. The use of "nitrogen dioxide (NO2)" was a mistake when the rule was adopted in September 2011. The board intended to use "nitrogen oxides," which include the sum of nitric oxide and nitrogen dioxide in the flue gas or emission point because they are precursors to the formation of PM-2.5, and the board is proposing to correct that mistake. The board is also proposing to amend portions of rules listed above for consistency of language when referring to sulfur dioxide (SO2) and nitrogen oxides (NOx). The proposed amendments would match the comparable language provided in the Code of Federal Regulations (CFR). These proposed amendments are not intended to change the substance of these rules. 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., July 12, 2012. 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, May 29, 2012.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
