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| Montana Administrative Register Notice 17-445 | No. 11 06/07/2024 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons
1. The Department of Environmental Quality proposes to amend the above-stated rules.
2. The Department of Environmental Quality will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Environmental Quality no later than 5:00 p.m. on July 1, 2024, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail [email protected].
GENERAL REASON STATEMENT: The department adopts and incorporates by reference federal regulations to ensure Montana's air quality rules are at least as stringent as federal air quality regulations as to maintain primacy and federal delegation of Montana's air quality program and to implement federal emissions standards according to a federal program of emissions control. For Title 40 of the Code of Federal Regulations (CFR), which contains most of the federal regulations adopted by reference by the department for air quality regulation, the official version is dated July 1 of each year. The department adopts the July 1, 2023 edition, which is the most recent version that has been made available online. The department adopts a section of the United States Code (USC) 2022 edition as it is published on the website from the U.S. Government Publishing Office (US GPO). Copies of the material proposed to be adopted by reference are available at the department's website.
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCE DOCUMENTS (1) Unless expressly provided otherwise in this chapter, where the department has: (a) adopted a federal regulation by reference, the reference is to the
(b) adopted a section of the United States Code (USC) by reference, the reference is to the
(c) adopted a rule of the state of Montana from another chapter of the Administrative Rules of Montana (ARM), the reference is to the rule in effect on (2) and (3) remain the same. (4) A copy of federal materials also may be obtained from: (a) National Technical Information Service (NTIS), 5301 Shawnee Road, Alexandria, VA 22312; phone: (800) 553-6847 or (703) 605-6000; fax: (703) 605-6900; e-mail: (d) remains the same, but is renumbered (c).
AUTH: 75-2-112, MCA IMP:
REASON: The department proposes to amend (1)(a) and (b) to update the version of the Code of Federal Regulations (CFR) and the United States Code (USC) being incorporated by reference, consistent with the general reason statement. The remainder of the changes in this rule are proposed to update the mailing and website addresses for viewing and ordering copies of the CFR and USC. The department proposes to update the implementing statute to reference the specific statute being implemented, rather than the more general Title 75, chapter 2, MCA.
17.8.103 INCORPORATION BY REFERENCE (1) and (2) remain the same.
AUTH: 75-2-112, MCA IMP:
REASON: The department proposes to update the implementing statute to reference the specific statute being implemented, rather than the more general Title 75, chapter 2, MCA.
17.8.202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) remains the same. (b) 40 CFR Part 50, specifying the national ambient air quality standards and ambient air quality monitoring reference methods (c) through (2) remain the same.
IMP: 75-2-203, MCA
REASON: The department proposes to amend (1)(b) because the department no longer need the exception listed in 40 CFR 50.14(c)(1) and (2).
17.8.301 DEFINITIONS For purposes of this subchapter, the following definitions apply: (1) through (4) remain the same. (5) "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two-digit code) as described in the standard industrial classification manual, 1987 or the North American Industry Classification System of 2022 at https://www.census.gov/naics/. (6) through (19) remain the same.
AUTH: IMP: 75-2-203, MCA
REASON: The department proposes to amend (5) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.302 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) through (e) remain the same. (f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics/, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy. (2) remains the same.
IMP: 75-2-203, MCA
REASON: The department proposes to amend (1)(f) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system.
17.8.342 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (1) through (12) remain the same. (13) The department may revoke a notice of MACT approval or 112(g) exemption if it determines that the notice or exemption is no longer appropriate because a standard has been promulgated pursuant to 42 USC 7412(d), (h), or (j). In pursuing revocation, the department shall follow the procedures specified in ARM
AUTH: IMP: 75-2-203, 75-2-204, 75-2-211, MCA
REASON: The department proposes to update the rule reference in (13) because ARM 17.8.732 was repealed in December of 2002. Additionally, the department proposes to amend the authority and implementing statutes to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.604 MATERIALS PROHIBITED FROM OPEN BURNING (1) The following material may not be disposed of by open burning: (a) any waste which is moved from the premises where it was generated, except as provided in ARM 17.8.604(2), 17.8.611, or 17.8.612(4)(a) or (b) through (5) remain the same.
AUTH:
REASON: The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.740 DEFINITIONS For the purposes of this subchapter: (1) through (9) remain the same.
(11) through (21) remain the same, but are renumbered (10) through (20).
AUTH: IMP: 75-2-211, MCA
REASON: The department proposes to remove (10) since the term is no longer used within these rules. Additionally, the department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.744 MONTANA AIR QUALITY PERMITS--GENERAL EXCLUSIONS (1) A Montana air quality permit is not required under ARM 17.8.743 for the following: (a) through (c) remain the same. (d) any agricultural activity or equipment that is associated with the use of agricultural land or the planting, production, processing, harvesting, or storage of agricultural crops by an agricultural producer and that is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in (e) a business relating to the activities or equipment referred to in (1)(d) that remains in a single location for less than 12 months and is not subject to the requirements of 42 USC 7475, 7503, or 7661, as set forth in (f) through (m) remain the same.
AUTH:
REASON: The department proposes the changes in ARM 17.8.744, to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.802 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) through (e) remain the same. (f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy. (2) remains the same.
AUTH: IMP: 75-2-202, 75-2-203, 75-2-204, MCA
REASON: The department proposes to amend (1)(f) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system. The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.902 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) through (e) remain the same. (f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics/, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy. (2) remains the same.
IMP: 75-2-202, 75-2-203, 75-2-204, MCA
REASON: The department proposes to amend (1)(f) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system.
17.8.1002 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) through (e) remain the same. (f) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics/, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy. (2) remains the same.
IMP: 75-2-202, 75-2-203, 75-2-204, MCA
REASON: The department proposes to amend (1)(f) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system
17.8.1107 VISIBILITY MODELS (1) All estimates of visibility impact required under this subchapter shall be based on those models contained in "Workbook for Plume Visual Impact Screening and Analysis"
AUTH: IMP: 75-2-203, 75-2-204, 75-2-211, MCA
REASON: The department proposes to amend (1) to update the most current EPA Workbook for Plume Visual Impact Screening and Analysis. The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.1202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) through (f) remain the same. (g) the Standard Industrial Classification Manual (1987), Office of Management and Budget (PB 87-100012) or the North American Industry Classification System of 2022 at https://www.census.gov/naics/, pertaining to a system of industrial classification and definition based upon the composition and structure of the economy. (2) remains the same.
AUTH: 75-2-217, MCA
REASON: The department proposes to amend (1)(g) to add the North American Industry Classification System of 2022, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system.
17.8.1313 PUBLIC CONSULTATION PROCEDURES (1) The following public consultation procedures must be adhered to during actions required by 40 CFR Part 93, subpart A, or this subchapter: (a) remains the same. (b) MPOs and MDT shall utilize a proactive public involvement process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by the agency at the beginning of the public comment period and prior to taking formal action on conformity determinations for all transportation plans and TIPs, consistent with the requirements of 23 CFR Part 450.316(b). Any charges imposed for public inspection and copying must be consistent with the fee schedule contained in 49 CFR
IMP: 75-2-202, MCA
REASON: The department proposes to amend (1)(b) to update the format of the CFR reference for consistency with other rules in this subchapter. The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
17.8.1402 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the department adopts and incorporates by reference the following: (a) 40 CFR Part 93, subpart B, which requires the conformity of general federal actions, other than those covered by subpart A, to state or federal implementation plans, with the following changes: (i) and (ii) remain the same. (iv) remains the same, but is renumbered (iii). (2) remains the same.
AUTH: 75-2-112, MCA IMP: 75-2-202, MCA
REASON: The department proposes the deletion of (1)(a)(iii) because the text of 40 CFR 93.160(f) no longer needs to be replaced with the quoted narrative.
17.8.1815 REQUIREMENTS FOR ASPHALT PLANTS (1) An owner or operator of an asphalt plant required to register under this subchapter: (a) through (c) remain the same. (d) shall install and maintain a device to measure the pressure drop on the control device, such as a magnehelic gauge or manometer. The pressure drop must be measured in inches of water and recorded daily; (e) shall install and maintain temperature indicators at the control device inlet and outlet; (f) may not allow the asphalt production rate to exceed the average production rate during the last source test demonstrating compliance. The owner or operator may retest at a higher production rate at any time (g) shall limit opacity from the asphalt plant to 10% or less for any one 6-minute average. (2) remains the same.
AUTH: IMP: 75-2-234, MCA
REASON: The department proposes the addition of (1)(g) to align with the language in industry standards. The department proposes to update the authority statute to reflect the change in rulemaking authority from the Board of Environmental Review to the department.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Environmental Quality, at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail [email protected], and must be received no later than 5:00 p.m., July 8, 2024.
5. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the department at the above address no later than 5:00 p.m., July 1, 2024.
6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 80 persons based on the approximately 800 persons on the interested persons list for air quality matters that is maintained by the department. Because 25 persons is fewer than 80, the department will hold a hearing if it receives hearing requests from at least 25 persons.
7. The department 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 for which program the person wishes to receive notices. 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 the contact person in paragraph 2 above or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Nicholas Whitaker /s/ Christopher Dorrington NICHOLAS WHITAKER CHRISTOPHER DORRINGTON Rule Reviewer Director Department of Environmental Quality
Certified to the Secretary of State May 28, 2024.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
