Montana Administrative Register Notice 17-419 No. 6   03/25/2022    
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In the matter of the amendment of ARM 17.8.802 pertaining to Incorporation by Reference of 40 CFR Part 51, Appendix W














TO: All Concerned Persons


1. On May 13, 2022, the Department of Environmental Quality (department) proposes to amend ARM 17.8.802 to incorporate by reference the most current version of the federal guidelines on air quality models as codified in 40 CFR part 51, Appendix W.


2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Environmental Quality no later than 5:00 p.m., on April 25, 2022, to advise us of the nature of the accommodation that you need. Please contact Loryn Johnson at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail Loryn.Johnson2@mt.gov.


3. The rule proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


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

            (a) 40 CFR 51.102, pertaining to requirements for public hearings for state programs;

            (b) 40 CFR Part 51, Appendix W, pertaining to the Guideline on Air Quality Models, as published January 17, 2017, and effective May 22, 2017;

            (c) 40 CFR Part 60, pertaining to standards of performance for new stationary sources;

            (d) 40 CFR Part 61, pertaining to emission standards for hazardous air pollutants;

            (e) 40 CFR 81.327, pertaining to the air quality attainment status designations for Montana; and

            (f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012), pertaining to a system of industrial classification and definition based upon the composition and structure of the economy.

            (2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).


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

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


REASON:  The department adopts and incorporates by reference federal regulations to ensure that Montana's air quality rules are at least as stringent as federal air quality regulations, to maintain primacy, and federal delegation of Montana's air quality program. As, after the 2021 Legislative Session, the department is responsible for adopting rules, the department has changed "board" to "department."


The Clean Air Act (CAA) section 110(a)(2)(K) requires that state implementation plans (SIPs) provide for (i) the performance of air quality modeling as the administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the administrator has established a NAAQS, and (ii) the submission, upon request, of data related to such air quality modeling to the administrator.


The department fulfills the CAA section 110(a)(2)(K) requirement by incorporating by reference the federal guidelines on air quality models codified in 40 CFR part 51, appendix W (Appendix W) (January 17, 2017, 82 FR 5182).  Through incorporation of these guidelines, the department is ensuring it will apply the current EPA models and requirements for SIP and air permit modeling needs as required in Clean Air Act section 110(a)(2)(K).


4. Concerned persons may submit their data, views, or arguments in writing to: Loryn Johnson at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail Loryn.Johnson2@mt.gov, and must be received no later than 5:00 p.m., April 25, 2022.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this to Loryn Johnson at the above address no later than 5:00 p.m., April 25, 2022.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be 80, based on the approximately 800 persons on the interested persons list for air quality matters that is maintained by the department. Because 25 persons is fewer than 80, the department will hold a hearing if it receives hearing requests from at least 25 persons.


7.  The department 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 for which program the person wishes to receive notices. 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 the contact person, Loryn Johnson, stated above or may be made by completing a request form at any rules hearing held by the department.


8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.


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


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.




/s/ Angela Colamaria                                 /s/  Christopher Dorrington            


Rule Reviewer                                            Director

                                                                    Department of Environmental Quality


Certified to the Secretary of State March 15, 2022.


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