Montana Administrative Register Notice 17-334 No. 19   10/11/2012    
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In the matter of the amendment of ARM 17.8.801 and 17.8.818, pertaining to definitions and review of major stationary sources and major modifications--source applicability and exemptions










            TO: All Concerned Persons


            1. On June 7, 2012, the Board of Environmental Review published MAR Notice No. 17-334 regarding a notice of public hearing on proposed amendment of the above-stated rules at page 1098, 2012 Montana Administrative Register, issue number 11.


            2. The board has amended the rules exactly as proposed.


            3. The department submitted testimony at the rule hearing on July 12, 2012. In preparing its testimony for the rule hearing, DEQ noticed clerical errors in the statement of reasonable necessity concerning citations to federal laws and regulations.  The department submitted testimony at the hearing to correct these clerical errors.  The clerical corrections are as follows, stricken matter interlined, new matter underlined:


     REASON: The board is proposing amendments to Montana's prevention of significant deterioration (PSD) rules to conform the rules to amendments to federal regulations by the federal Environmental Protection Agency (EPA) in 2005. The federal Clean Air Act, 42 USC 7401 through 7671q (CAA), directs each state to assure that air quality in that state meets minimum standards applicable across the nation. The CAA directs the EPA to establish National Ambient Air Quality Standards (NAAQS) for air pollutants that meet certain criteria regarding effects on public health and welfare. Pursuant to the CAA, EPA has authorized the state of Montana to regulate major sources in the state. For Montana to retain this authority, the board is required to adopt the minimum standards applicable to major source emissions of a NAAQS pollutant whenever a NAAQS is established or revised 40 USC 7410(C) 7410(a)(2)(C).

            On November 29, 2005, EPA published regulations regarding the implementation of the 1997 ozone NAAQS (70 CFR 71612). Those regulations required revisions to state programs for major source permitting. One of the requirements in the EPA regulations was to address ozone formation by regulating precursor pollutants. "Precursor pollutants" are pollutants that combine to form another pollutant. The federal regulations include nitrogen oxides (NOx) that react with volatile organic compounds to form ozone. In a decision published on May 19 July 22, 2011, in the Federal Register at 76 FR 28934 43918, EPA found Montana's PSD rules for ozone inadequate because the rules do not address NOx as a precursor pollutant for ozone. The proposed amendments in this notice would address EPA's concerns and make Montana's rules for PSD permits adequate to implementing the 1997 8-hour ozone NAAQS.


            The remainder of the statement of reasonable necessity remains as set forth in the Notice of Public Hearing on Proposed Amendment.


            4. No public comments or testimony were received.


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, October 1, 2012.


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