BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On April 15, 2010, the Board of Environmental Review published MAR Notice No. 17-303 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 818, 2010 Montana Administrative Register, issue number 7. On June 10, 2010, the board published MAR Notice No. 17-303 regarding a notice of extension of comment period on the proposed amendment of the above-stated rules at page 1385, 2010 Montana Administrative Register, issue number 11.
2. The board has amended the rules exactly as proposed.
3. The following comments were received and appear with the board's responses:
COMMENT NO. 1: One comment was received from the Environmental Protection Agency in support of the proposed amendments.
RESPONSE: The board acknowledges the comment.
COMMENT NO. 2: One comment was received indicating that in Department Circular DEQ-7: (1) Atrazine is incorrectly classified as a human carcinogen; (2) The atrazine MCL is incorrectly applied to include atrazine plus the deethyl atrazine, deisopropyl atrazine and deethyl deisopropyl atrazine (metabolites); (3) The metolachlor HAL reported in Circular DEQ-7 does not agree with the current EPA-OW published value of 700 µg/L; and (4) Simazine is incorrectly classified as a human carcinogen. The commentor requested that Department Circular DEQ-7 be revised to correct these problems.
RESPONSE: The board cannot make these changes in this rulemaking proceeding because they are beyond the scope of the proposed amendments. However, the board will consider these comments and may institute a future rulemaking proceeding to address the issues raised in the comment.
Reviewed by: BOARD OF ENVIRONMENTAL REVIEW
/s/ John F. North By: /s/ Joseph W. Russell
JOHN F. NORTH JOSEPH W. RUSSELL, M.P.H.
Rule Reviewer Chairman
Certified to the Secretary of State, August 2, 2010.