Montana Administrative Register Notice 17-274 No. 16   08/28/2008    
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In the matter of the amendment of ARM 17.8.102, 17.8.301, 17.8.901, 17.8.1007, 17.8.1201, 17.8.1206, and 17.8.1212 pertaining to incorporation by reference of current federal regulations and other materials into air quality rules











            TO: All Concerned Persons


            1. On July 17, 2008, the Board of Environmental Review published MAR Notice No. 17-271 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 1371, 2008 Montana Administrative Register, issue number 13. The board held a public hearing on August 6, 2008, and the initial comment period was scheduled to end on August 14, 2008.


            2. On September 17, 2008, at 9:30 a.m., the board will hold a second public hearing in Room 35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules. This second hearing will supplement the hearing held on August 6, 2008.


            3. 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., September 8, 2008, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.


            4The department is also extending the time within which to submit written comments. Written data, views, or arguments may be submitted to Elois Johnson at the contact information listed in paragraph 3, and must be received no later than 5:00 p.m. on September 25, 2008. Persons who testified at the initial hearing, or who submitted comments during the initial comment period, need not testify again or resubmit their comments. Any such previous testimony and comments will be included in the rulemaking record.


            5. Inadvertently, the initial proposal notice was not sent to persons on the interested persons list for the board's air quality rulemaking proceedings. The second hearing and extended comment period are intended to provide these persons with the opportunity to testify and submit written comments.


            6. The rules proposed to be amended remain the same as published in MAR Notice No. 17-271.


            7.  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.


            8. 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 Avenue, 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.


            9. The bill sponsor notice 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 August 18, 2008.

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