BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
OF THE STATE OF MONTANA
In the matter of the adoption of New Rules I through III pertaining to the Clean Air Act
NOTICE OF ADOPTION
TO: All Concerned Persons
1. On August 13, 2015, the Board of Environmental Review published MAR Notice No. 17-372 regarding a notice of proposed adoption of the above-stated rules at page 1092, 2015 Montana Administrative Register, Issue Number 15.
2. The board has adopted New Rules I (17.8.150) and III (17.8.152) exactly as proposed and has adopted New Rule II (17.8.151) as proposed, but with the following changes, stricken matter interlined, new matter underlined:
NEW RULE II (17.8.151) BOARD ACTION (1) The board may not take action on any contested case matter that arises under the Clean Air Act of Montana unless a majority of members of the board at the time of the action:
(a) remains as proposed.
(b) do not derive a significant portion of income from
a regulated persons.
3. The following comment was received and appears with the board's response:
COMMENT: In New Rule II(1)(b), the word "person" should be plural to provide the same requirement as is contained 42 U.S.C. 7428, which requires that a majority of state board members who do not derive a significant portion of their income from "regulated persons."
RESPONSE: The board agrees and has made the suggested amendment.
4. No other comments or testimony were received.
Reviewed by: BOARD OF ENVIRONMENTAL REVIEW
/s/ John F. North By: /s/ Joan Miles
JOHN F. NORTH JOAN MILES
Rule Reviewer Chairman
Certified to the Secretary of State, October 19, 2015.