BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.8.202 pertaining to incorporation by reference of the most recent version of the Montana Ambient Air Monitoring Program Quality Assurance Project Plan (QAPP)

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED   (AIR QUALITY)

TO: All Concerned Persons

 

1. On December 22, 2023, the Department of Environmental Quality proposes to amend the above-stated rule.

 

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 September 20, 2023, 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].

 

3. The rule proposed to be amended is as follows, new matter underlined, deleted matter interlined:

 

            17.8.202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

            (a) The Montana Ambient Air Monitoring Program Quality Assurance Project Plan (2017)(2023), a department manual that specifies ambient air sampling and data collection, recording, analysis, and transmittal requirements that pertain only to the department's monitoring program;

(b) through (2) remain the same.

 

AUTH: 75-2-111 75-2-112, 75-2-203, MCA

IMP: 75-2-203, MCA

 

REASON: Following the 2021 Montana legislative session, the authority for adopting rules was changed from the Board of Environmental Review (board) to the Department of Environmental Quality (department).

 

1. Administrative updates to the QAPP include: new formatting that follows EPA guidelines for QAPP organization, all new figures are optimized for modern high-resolution PDF viewing, and updates to the department's organizational chart were incorporated to reflect current roles, responsibilities, programs, and sections.

2. All methods, technical details, and equipment have been updated.

3. Project data acquisition and storage methods have been updated.

4. QAPP conforms with all current requirements defined in 40 CFR Parts 50, 51, 52, and 58.

5. QAPP reflects current project quality objectives and criteria, quality assurance practices, and reporting requirements. Including considerations for non-regulatory, low-cost sensors now being incorporated into the ambient air monitoring network.

6. All incorporated website addresses have been updated.

7. All external references have been verified and updated.     

 

The current version of the QAPP is located on the department's air quality monitoring website at https://deq.mt.gov/air/Programs/monitoring.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Environmental Quality, 1520 E 6th Avenue, P.O. Box 200901, Helena MT 59620-0901; telephone (406) 444-1388; fax (406) 444-4386; or e-mail [email protected], and must be received no later than 5:00 p.m., on September 22, 2023.

 

5. If persons who are directly affected by the proposed action 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., September 22, 2023.

 

6. If the agency 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, 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 4 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 rule will not significantly and directly impact small businesses.

 

 

/s/ Nicholas Whitaker                                 /s/ Christropher Dorrington           

Nicholas Whitaker                                      CHRISTOPHER DORRINGTON

Rule Reviewer                                            Director

                                                                    Department of Environmental Quality

           

Certified to the Secretary of State August 15, 2023.