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

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NOTICE OF AMENDMENT   (AIR QUALITY)

 

TO:  All Concerned Persons

 

            1.  On January 15, 2009, the Board of Environmental Review published MAR Notice No. 17-281 regarding a notice of public hearing on the proposed amendment of the above-stated rule at page 1, 2009 Montana Administrative Register, issue number 1.

 

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

 

            3.  The following comment was received and appears with the board's response:

 

            COMMENT NO. 1:  The board received one comment in support of the proposed amendment of rules.  Mr. James Parker testified at the hearing and stated his opinion that monitoring requirements should be a component of the Montana state permitting program.  Because mercury monitoring is a developing technology, Mr. Parker stated the logistics of working toward effective monitoring equipment and methods are better performed in partnership with the state.  He also stated subpart HHHH was designed for a national cap and trade program and is not compatible with the control strategy of the state's mercury control program.

            RESPONSE:  The board agrees with Mr. Parker and believes the reasons to adopt the rule as proposed are reasonable and appropriate.

 

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, April 6, 2009.