BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.8.102 pertaining to incorporation by reference of current federal regulations and other materials into air quality rules

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT   (AIR QUALITY)

 

            TO:  All Concerned Persons

 

            1.  On December 6, 2010, at 1:30 p.m., the Board of Environmental Review will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

            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., November 22, 2010, to advise us of the nature of the accommodation that you need.  Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

 

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

 

            17.8.102  INCORPORATION BY REFERENCE--PUBLICATION DATES

(1)  In this chapter where the board has:

            (a)  adopted a federal regulation by reference, the reference is to the July 1, 2008 2009, edition of the Code of Federal Regulations (CFR);

            (b)  adopted a section of the United States Code (USC) by reference, the reference is to the 2000 2006 edition of the USC and Supplement V II (2005 2009);

            (c)  adopted another rule of the department or of another agency of the state of Montana by reference, the reference is to the December 31, 2008 2009, edition of the Administrative Rules of Montana (ARM).

            (2) through (2)(b) remain the same.

            (3)  For purposes of this chapter, the following subparts, or portions thereof, of 40 CFR Part 63 are excluded from incorporation by reference:

            (a) remains the same.

            (b)  40 CFR 63, Subpart KKKKK, National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing (40 CFR 63.8530 through 63.8665, and all associated appendices and tables), as vacated March 13, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit; and

            (c)  40 CFR 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters (40 CFR 63.7480 through 63.7575, and all associated appendices and tables), as vacated June 8, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit;

            (d)  portions of 40 CFR 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products, as vacated June 19, 2007, by the U.S. Circuit Court of Appeals, D.C. Circuit.

 

            AUTH:  75-2-111, MCA

            IMP:  Title 75, chapter 2, MCA

 

            REASON:  The board is proposing to amend the air quality rules to adopt the current editions of federal statutes and regulations and state rules that are incorporated by reference in the rules.  The board is proposing to amend ARM 17.8.102(1) to adopt revisions to federal regulations and statutes that were published in the July 1, 2009, edition of the Code of Federal Regulations (CFR) and 2006 edition of the United States Code, as supplemented in 2009.  The board adopts and incorporates by reference federal regulations and statutes, including emissions standards, to ensure that Montana's air quality rules are at least as stringent as federal air quality regulations in order to maintain primacy and federal delegation of Montana's air quality program and to timely implement emission standards developed on the federal level pursuant to a federal program of emissions control.  The board also is proposing to update the version of the Administrative Rules of Montana incorporated by reference in order to maintain consistency with the current rules.

            The board is proposing to delete the exclusion from incorporation by reference of 40 CFR Part 60, Subpart DDDD, EPA's National Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products, which was vacated by the U.S. Circuit Court of Appeals for the D.C. Circuit in 2007.  The subpart is no longer published in the CFR.

 

            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., December 13, 2010.  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, November 1, 2010.