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HomeMy WebLinkAboutYell. Co. Air Pollution ControlYELLOWSTONE COUNTY AIR POLLUTION CONTROL 3306 Second Avenue North Billings, MT 59101 (406) 256-6841 Fax (406) 256-6891 TO: Laurel City Council FROM: Steve Duganz, Director SUBJECT: Regulation Revisions DATE: January 2, 2002 D FC IIWED =?LJAN4 CITY OF LAUREL The Yellowstone County Air Pollution Control Program regulations were revised and subsequently approved by the Yellowstone County Air Pollution Control Board on December 11, 2001. As required by the State of Montana, public hearing must be held before each political entity within that county before the regulations will be approved by the State Board of Environmental Review. I have enclosed a copy of the final notice of the proposed changes that include the repeal of the Emergency Episode Plane which refers to sources regulated by the State, updating the definition of "public nuisance" and a minor clerical error in the Open Burning Regulation. I will be available to answer any questions you may have either before or during the scheduled public hearing. BEFORE THE YELLOWSTONE COUNTY AIR POLLUTION CONTROL BOARD In the matter of the repeal of the ) FINAL NOTICE OF AMENDMENT Emergency Episode Plan, and minor ) AND REPEAL OF AIR POLLUTION clerical amendments. ) CONTROL PROGRAM RULES TO: All Concerned Persons 1. On September 2, 2001, the Yellowstone County Air Pollution Control Program published notice of the proposed repeal of Regulation No. 001, Control of Odors in the Ambient Air, and the Emergency Episode Plan. Also noticed was the proposed amendment of the definitions of "animal matter", "reduction" and "public nuisance", and minor clerical revisions. 2. The Yellowstone County Air Pollution Control Board (Board) has repealed the Emergency Episode Plan as proposed. 3. The Board did not repeal Regulation No. 001, Control of Odors in the Ambient Air. 4. The Board did not amend Section IV, A.6 and A.25, the definitions of "animal matter" and "reduction". These proposed amendments were associated with the proposed repeal of Regulation No. 001. 5. The Board has amended section H.4.b.(i) as proposed. 6. The Board has amended following changes (matter to be Regulation 002, open Burning, Section IV, A.24, with the added is underlined): SECTION IV. DEFINITIONS A.1 through 23. remain the same. 24. Public Nuisance: (a) a condition which endangers safety or health is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons; (b) any premises where persons gather for the purpose of engaging in unlawful conduct; or (c) a condition which renders dangerous for passage a public highway or right-of-way or waters used by the public. (2) A person commits the offense of maintaining a public nuisance if he knowingly creates, conducts, or maintains a public nuisance. (3) Any act which affects an entire community or neighborhood or any considerable number of persons (as specified in subsection (1)(a)) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. (4) No agricultural or farming operation, place, establishment, or facility or any of its appurtenances or the operation thereof is or becomes a public nuisance because of the normal operation thereof as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation. (5) Noises resulting from the shooting activities at a shooting range during established hours of operation are not considered a public nuisance. 25. through 31. remain the same. 7. The Board received the following comments and responds as follows: COMMENT #1: Yellowstone Valley Citizens Council (YVCC) commented that they strongly oppose the repeal of the Yellowstone County Air Pollution Control Regulation No. 001, which pertains to odors in the ambient air. They further state that if the regulation is removed, citizens will be forced to pursue remedies that require either private attorneys or the county attorney's office. RESPONSE: The Board agrees and therefore will not remove Regulation No. 001, but will use the newer definition of public nuisance, i.e., 45-8-111, MCA, which is printed above. YELLOWSTONE COUNTY AIR POLLUTION CONTROL BOARD By: ' , 11L-D. Collins, Chairman Approved December 11, 2001.