BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.8.745 pertaining to Montana air quality permits--exclusion for de minimis changes

) ) )

NOTICE OF AMENDMENT   (AIR QUALITY)

 

TO:  All Concerned Persons

 

1.  On February 11, 2010, the Board of Environmental Review published MAR Notice No. 17-302 regarding a notice of public hearing on the proposed amendment of the above-stated rule at page 268, 2010 Montana Administrative Register, issue number 3.

 

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

 

            3.  The following comments were received and appear with the board's responses:

 

            COMMENT NO. 1:  The board received testimony from witnesses at the hearing who reluctantly supported the proposal.  The commentors reviewed the history of ARM 17.8.745 and commended the department and board for developing the current rule in a consensus-based process.  Commentors stated that they supported the proposed rule amendment, but with reluctance.  They believe the proposed amendment is not necessary to protect air quality, but view the action as a necessary step to reconciling the rule with EPA's expectations for the Montana State Implementation Plan.  The commentors also criticized EPA's delay in acting on ARM 17.8.745 following its submission into the State Implementation Plan.

            RESPONSE:  The board acknowledges the comments.

 

            COMMENT NO. 2:  The Western Environmental Trade Association also submitted written comments into the record reluctantly supporting the proposal, which reiterated the substance of testimony given at hearing.

            RESPONSE:  The board acknowledges the comments.

 

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, May 17, 2010.