BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.8.501, 17.8.504, 17.8.601, 17.8.740, 17.8.743, 17.8.744, 17.8.745, 17.8.801, 17.8.901, 17.8.1201, pertaining to definitions, fees, and permits, and the adoption of New Rules I through XX pertaining to temporary greenhouse gas emission rules

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NOTICE OF TERMINATION OF RULEMAKING   (AIR QUALITY)

 

TO:  All Concerned Persons

 

1.  On December 24, 2009, the Board of Environmental Review published MAR Notice No. 17-299 regarding a notice of public hearing on the proposed amendment and adoption of the above-stated rules at page 2429, 2009 Montana Administrative Register, issue number 24.

 

            2.  The board has decided to terminate this rulemaking proceeding and cancel the public comment period and public hearing on the proposed amendment and adoption of the above-stated rules that was scheduled for January 22, 2010, at 9:00 a.m., in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana.

 

            3.  The board initiated this rulemaking proceeding to have rules in place at the time, or shortly after, the Environmental Protection Agency adopts greenhouse gas rules, which may occur as early as March.  The board's proposed rules would have immediately exempted from regulation persons and entities in Montana that emit less than 25,000 tons of carbon dioxide and other equivalent amounts of other greenhouse gases.  However, the Environmental Quality Council of the Montana Legislature has filed a formal objection to the board's notice of proposed rulemaking.  By law, this notice, unless withdrawn, prevents the board from adopting the rules until June 24.  This defeats the purpose of the proposed rules.  The board may institute another rulemaking proceeding after EPA takes action.

 

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, January 19, 2010.