HomeMy WebLinkAboutAir Pollution ControlAGENDA
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1
CITY OF LAUREL
Air Pollution Control
3306 2nd Avenue North
March 11, 2003
7:30 P.M.
1. Call Meeting to order
2. Approve minutes of previous meeting
3. Activity Report
4. Proposed changes'to YCAPC Program
5. Director Boschee salary review
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
3306 Second Avenue North
Billings, MT 59101
(406) 256-6841
Fax (406) 256-6891
Activity Report for the month of February 2003 for submittal to the
Yellowstone County Air Pollution Control Board on March ll, 2003.
I. INDUSTRIAL COMPLIANCE
A. Rocky Mountain Concrele Products on Sagar Avenue was inspected. They had
recently installed a new baghouse on their concrete bagging operation. Visible
emissions for the baghouse and cyclone were zero percent.
B. Coors Barley Storage in Huntley was inspected during the loading of railroad
grain cars. There were no visible emissions.
II. ADMINISTRATION
A. With 58% of the fiscal year completed, our agency has expended 52% of our
budgeted funds.
B. Our agency completed the 2002 Emissions Inventory and sent the related
material to the state DEQ.
C. I investigated a wood burning fireplace complaint on Murphy Avenue.
D. I investigated a wood burning stove complaint at Big Sky Radiator in Laurel.
E. I investigated a wood burning stove complaint on Bison Road near Shepherd.
F. Enclosed is a letter to Fox Lumber ordering them to erect a permanent barrier on
the south side of their property.
Enclosed are two letters concerning French's Sandblasting and Painting on North
18th St. The Code Enforcement Division of the Planning Department state the
temporary structure in which he is sandblasting is illegal.
H. Enclosed is a letter from Mr. Jolm Arrigo, Administrator of the DEQ
Enforcement Division, explaining their position on complaint management.
IlL MEETINGS
A. I met with Mr. Dwight Vigness, Yellowstone County Human Resource Director,
concerning our agency's job classifications.
B. I met with Mr. Marc Kaufman, Plant Manager of Fox Distributing, concerning a
complaint our agency received from Mr. Leonard Fichtner on 2/21/03. Mr.
Kaufman said he was releasing sawdust because his hopper was overfull because
the track to empty the hopper was late arriving.
IV.
AIR QUALITY
A. Our agency issued 93 minor open burning permits for the month of February.
B. PM 10 Data for February:
PM-lO
Lockwood Park
High 20 ug/m3
Low 11 ug/m~
Average 15 ug/m~
Continuous Data for January:
Sulfur Dioxide
Bridal Shop
High 1 hr .036 ppm
High 24 hr .007 ppm
Hourly Average .002 ppm
Carbon Monoxide
Bridal Shop
High I hr
High 8 hr
7.8 ppm
5.7 ppm
Sulfur Dioxide
Mt. Olive
High 1 hr .019 ppm
High 24 lu- .005 ppm
Hourly Average .002 ppm
Carbon Monoxide
Mt. Olive
High 1 hr.
High 8 hr.
4.9 ppm
3.2 ppm
Sulfur Dioxide
Cobum Road
Sulfur Dioxide
Lower Cobum
High I hr .082 ppm High I hr .016 ppm
High 24 hr .022 ppm High 24 hr .004 ppm
Hourly Average .007 ppm Hourly Average .001 ppm
Respectfully submitted,
Russell Boschee
Director
Enclosures
Minutes of the Yellowstone County Air I'ollution Control Board
meeting held January 14, 2003 at the Yellowstone County Air Pollution
Office.
Members Present: Mr. L.D. Collins, Dr. Mark Waddington, Mr. Rick Schilf, Mr. Bill Shikany,
and Mr. Jack Johnson.
Other Present: Mr. Russell Boschee, Mr. Stuart llanoab.
Chaimmu, Mr. L.D. Collins, called tile meetiug to order at 7:39 PM. Vice Chairman, Dr.
WaddingtonmovedtoacceplthemiuulesoflheDeccmber 12"'meeting. Mr. Schilfseconded,
and the motion passed.
In the first order of' business, Mr. Boschee aud tile board discussed Mr. Boschee's health
insurance buyoul, his salary, aud the counly's pay matrix. Motion to accept the buyout of Mr.
Boschee's health insurance package was made by Mr. Scbilf, seconded by Mr. Johnson, and the
motion passed 5-0.
Mr. Boscbec gave a brief overview of the iudustrial compliaace attd the condition of the budget.
Concerning the cases of P, obert Sos Sigos and Ihnpire Steel, Mr. Boschee detailed the
improvements these businesses have made ~o Ibeir property in order to help contain fugitive dust.
Mr. Boschee informed the board that these bu ~inesses will now comply with rule 17.8.308, and
the cases are closed.
Related to the before mentiooed businesses, Mr. Boscbee and tile board discussed proper
workplace use of silica sand as stated under NIOSII guideliues. The board also discussed the
zoning and use requirements for saudblusting operations by the City aud County, and bow there
are no guidelines or requirements by the State. Also discussed was the correspondence with/from
Representative Brown ami Mr. Lange.
Mr. Boschee explained tile health and safety issues of particulates less than 10 microns and
greater Ihau 10 microns, attd particulates 2.5 microns aud less. Mr. Boschee also informed the
board that the final DEQ test results of Ihe air samples taken li'oln the North Park area are still
pendiag.
In other business, Mr. Boscbee discussed the status of the emission inventory and informed the
board of the meeting he had with tile manager of Fox Lmnber and Commissinner Kennedy at Fox
Lumber to observe tile sawdust abatement system.
In tile final order of business, Mr. Boscbee iuformed tile board about the total number of fire
pemfits issued for both December aud for the year. The board also had a general discussion of
what has bruught SO2 levels down over the past years.
Mr. Shikany ~novcd to adjourn tile ~neetiug, was secnnded by Mr. Jolmson, and the meeting was
adjourned at 8:30 p.m.
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
3306 Secoad Avenue Nt~
Billings, MT 5911}1
(406) 256-6841
Fax (406) 256-6891
February 12, 2003
MI'. Toul Fox
Fox Distributiou, luc.
P.O. Box 1000
Hamilton, Mt. 59840
Dear Mr. Fox:
With a history t~f I'ugitive sawdust complaints dating back to tim Spring of 2000,
the rcccut complaints during the Summer o1'2003, and the recent fngitive sawdust
problems during Jalmary 2003 at yom' I'acilily at 203 Shmmon Road in Laurel, Montana, I
am ordering Fox lJistfibution to erect a pcmmncnt barrier on the south side of said
property to comply with ARM 17.8.308 (see enclosure). This barrier should extend from
the west boundary to Ihe cast boundary along the south boundary of said property. Fox
Distribution has sixly (60) days lo complete this project. Upon completion of this
project, 1 will inspect your fiicility lo insure compliance with ARM 17.8.308.
lfyou have any questions, contact me at 256-6841.
Sincerely,
Russell Boschee
Director
cc: Mr. Marc Kaulinan, l'lant Ivlanager, Fox Distribution
cc: County Commissioners
cc: Mr. Larry Alheim, DEQ Enforcement Officer
AIR QUALITY
17.8.308
17.8.308 PARTICULATE MATTER, AIRBORNE (1) NO person
shall cause or authorize the production, handling,
transportation, or storage of any material unless reasonable
precautions to control emissions of airborne particulate matter
are taken. Such emissions of airborne particulate matter from
any stationary source shall not exhibit an opacity of 20% or
greater averaged over 6 consecutive minutes, except for emission
of airborne particulate matter originating from any transfer
ladle or operation engaged in the transfer of molten metal which
was installed or operating prior to November 23, 1968.
(2) No person shall cause or authorize the use of any
street, road, or parking lot without taking reasonable
precautions to control emissions of airborne particulate matter.
(3) No person shall operate a construction site or
demolition project unless reasonable precautions are taken to
control emissions of airborne particulate matter. Such
emissions of airborne particulate matter from any stationary
source shall not exhibit an opacity of 20% or greater averaged
over 6 consecutive minutes.
(4) Within any area designated nonattainment in 40 CFR
81.327 for PM, any person who owns or operates:
(a) any existing source of airborne particulate matter
shall apply reasonably available control technology (RACT);
(b) any new source of airborne particulate matter that has
a potential to emit less than 100 tons per year of particulate
matter shall apply best available control technology (BACT);
(c) any new source of airborne particulate matter that has
a potential to emit more than 100 tons per year of particulate
matter shall apply lowest achievable emission rate (LAER).
(5) The provisions of this rule shall not apply to
emissions of airborne particulate matter originating from any
activity or equipment associated' with the use of agricultural
land or the planting, production, harvesting, or storage of
agricultural crops (this exemption does not apply to the
processing of agricultural products by a commercial business).
(History: 75-2-111, 75-2-203, MCA; IMP, 75-2-203, MCA; Eff.
12/31/72; AMD, 1979 MAR p. 145, Eff. 2/16/79; AMD, 1993 MAR p.
2530, Elf. 10/29/93; TRANS, from DHES, 1996 MAR p. 2285; AMD,
2000 MAR p. 836, Eff. 3/31/00.)
ADMINISTRATIVE RULES OF MONTANA 3/31/00 17-309
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
3306 Second Avenue Notlh
Billings, MT 59101
(406) 256-084 I
Fax t406) 256-6891
February 10, 2003
Mr. Ray French
1616 Harness Lane
Billings, Mt. 95105
Dear Mr. French:
As o four phone conversation of 2/l 0/03, I believe you will be in cmnpliance with
ARM 17.8.308 if you build a lbnce nn your north property line. The State Department of
Environmental Quality suggested you may need to build a temporary enclosure of
scaflblding and tarps as prescribed in the letter of January 16, 2003 from Enfomement
Officer Lawrence P. Alheim, Jr. (enclosure). You stated the City-County Planning
Depm'tment has ordered to remove this temporary structure within 30 days.
I will discuss this situation with Ms. Nancy McCullough, Commercial Code Enforcement
officer lbr the City-County Plamfing Department. You cannot be expected to comply
with two different orders if they are in conflict.
Sincerely,
Russell Boschee
Director
cc: Nancy McCullough
cc: Larry Alheim
cc: Marvin Linage
~ IVlo~tan~ Dep~r(ment of
Judy II. Ma~ tz, (,ovcrmlr
.lalmary 16, 2003
Mr. Russell 13oschec
Yellowstone County Air l'~)llui,ion Agency
3306 2"a Ave. N
Billings, MT 59101
CEI,I. TIIrl El) I¥1AIL # 7000 1670 001)9 6721 $614
I~,clurn Rcceil)t Requested
Dust complaint (CVID
Dcm' Mr. Buschcc:
Thc L;n forccmcni, Division (ENFD) o1' Iht Monlmm l)cpm lnlclll ,tlr Enviromncnlal Qualily (DEQ) received
a cumplaJlJl Ii'om Mr. Marvin l.migc ctmcc~ning dusl creeled by Ol~cralions at Frcnch's Sandblasling &
I'ai.ting (French), Billings, Monlana. MI. I allgc si;fled lhal thc samlblasting dust on l)cccmbcr 26, 27 and
31,2002 was blowing tffl'lhc FrclJch Im,pcfly ami inJlmcling Ibc sm'roumling area. lie slalcd that thc dust
xvas blowing across thc sh'cct so badly Ihal cms had lo Iron on Ihcir lighls. Mr. tango ~flso stalcd that thc
dust was blowing off'site up to Ixvo blocks away.
Oil Dcccmbcr 20, 2002, Rt~gcr Godl'rey. I.~E{) Air and Waste Management Bureau's Billings office,
conducted n site visit,. At thc time, Iqcnch was sm~tlbltmting, however tho sandblasting ,activity was minor
in natut'o mid intcrmillcnt. On Dcccl~fl~cl 31,2{)02, Bill I lalbrcc[fi, ENFD, Billings, visited thc sii,e after
receiving a complaint Ii'om Mr. l,ange, bdt~ sandblasting Ol~Cr:,tions wcrc taking place al the lime offthc site
visit. I>[mhpgr;qfiis sulmlillcd by Mr. I mlgc. takct~ ,m I )coot'LibOr 3 I, 2002 clearly indicalc that significant
samll)laslil~g malcrial is bloxving off Iht I:icnch Im~pclly. 'lJ~c clotld el'drill Call bc observed cxlcmling all
linc way across ~mth 18"' Street.
Thc Administralivc Rules o['['vlontmnl (ARM) 17.8.308(I) stales, "No pcrson shall cause or authorize the
production, handli~lg, transporlai,ion, or slolagc of'rely mai,crial unless reasonable precautions to'control
clnissions ol'airborlm ImrliCtllale m-c lakcn." Bused ~m Mr. Langc's I)hologral)hs alld thc paltcrll of
sandblasting nJatcrial on thc gL'erred, il hi,peals thai French is not laking reasonable precautions I,o control
pm'ticulatc matter.
In accordance with Attachmcnt A, Scclltm II.A.2 oFlhe Yellowstone County Air Pollution Control
Program (YCAI'C) cmltract and your imlJcalion during our m¢¢ling oFOctobcr I0, 2002, that YCAPC
wished I,o take thc Icad oil comlflaints in Ycllowslt~lm County. you have been handling Einpir¢ Steel,
Robert Sos, and French complainls. I)EQ appreciates YCAPC laking I,im lead and working, to resolve this
and similar cmnplaini,s at Empire SI. cci and Robert Sos Signs.
D[/,Q is contacting ytm 1,0 inl'orm you ol'lhis complainl trod to provide :tdditional inl'ormalion necessary lo
cllstlre French immcdiaLcly takes i'ctlsoplablc I~lCcaulions. Ill addii,ion to Ihe fence being installed,
Russell Boschcc
J;muary 16,201)3
I'agc 2
Io surround thc item being samlbh~stcd CSl~ccially m~ 1all items, and removing any rcsidual piles of
sandblasti~g inalcrial Ul}Oll conlplciitm rd'Iht ~XOl k. In ill[llly il~StallCCS, a COlllbhlatiOll oFprccautions IlltlS[
bc lakcn to cJ'lDclivcly icducc I~lgilivc vmis::im~s. '1 hcsc mldilimlal i*rccautions inay also be ncccssal'y al
Rvbcrt Sos Signs. A phvlu taken m~ Iqt~vcmbcr 21}, 211[}2 al Rvbcd Sos shows samlblaslil~g malcrial exiling
thc ln'Ol*crty t}vcr Ibc 15ncc dining Iht sm~dblasling t~l' a lank Irailcr. Thc ltsc oEscal'[blding aml lm'l:S to
smrmmd thc ilcm being stmdblaslcd CSl~Ccially m~ ~all ilcms may bc necessary to lU'CVCnl this.
While Mr. [.:.lllgC'S phvlt~s c:.tlllltJ! bo tlsc[l It, l:luvc iI vi~:I::li:~ll ur visible cz.issio.s, Iht photos do indicate
Ih:il [!lc c:llis~;iolis limn I:llCllcll ccllail)lv cxcccd ::l,m:ity or 2()%. I1' YCAI'C can doct::ncnI a violation of
ARM 17.8.3U4~2) visible air cvnlamim;~ls, Iht I~1~{) cm~ lake m~ c. lbrccmcnt action bascd on cvidcncc and
im~pct' documcntativn vFa vivlalkm StOl,Idled by YUAI'( '.
In addition It~ Ibc abt~vc rcasvnablc p~ccaulitms, Yclltnv:;hmc ('otmly Ilmy wish to consider an ordimmcc Io
rcgulatc samlblasling vpc~ativns, A h.val v~dhmm:c m~y pc~ manc~lly rcsolve thcsc trod m~y fulm'c
Cmnl~laints. Thc DEQ aplU ccialcs YCAI't's ciG. Is I[~ rcsoh'c these cvmplainls aml is willing Iu provide
m]y additional assis(mlcc needed I:y Y{ 'Al'[ '. ll'y(Jtl [ill,lC lilly (lUcslit)ns, pleasc I~cl Ii'cc Iv conlacl iiic al
{,1~6) 444-5328.
Sinccrc[y,
Lawrcncc P. Alhcim, Jr.
Es]vironnmntal E~lli_~l'CClncllt SI)ecialist
Enlbrccmcnt Division
(406) 444-5328; Fax {~1~6) 444-1923
cmail: lalhcinl~statc.ml.us
j'l. CllllCSi2111111iYtl ROy Brown, I'~O II:)x 2i)o,ll)l), I Icl,.ma, MT 59620
Jim Rcnv, Cvunly Colnmissimlcr, 211 ['qt:.t Ih 27:l' SI., Billings, MT 59101
Marvin Langc, 62{} N l~l:l' SI. Billings, M I' 591111
Vickic Waish, AWMll
Roger Gvd I¥cy, A W ['vi Il - I Ii II ings
Bill I larbrcchl, ENFD-Billings
PHONE: (406) 657-8281
CODE ENFORCEMENT DIVISION
PLANNING & COMMUNITY SERVICES DEPARTMENT
510 r'4ORTH BROADWAY, 4'TH FLOOR
BtLLINGS, MONTANA 59'101
FAX: (406) 657-8327
EMAiL: PlanCSD ~J el.billings.mt.us
February 14, 2003
French's Sandblasting
411 North
Billings, MT 59101
Re: Fencing, Special Review, and Zoning Violations & Control of Sandblasting Dust
Dear Mr. French:
I am writing to memorialize our conversations of February 12. 2003, regarding )'our business
located at411Nov& ~ ' ' '
18 Streat. We discussed fencing, your need for a Special Review to use the
propm17 for a sandblasting operation and control of the sandb:asting dust.
.as promised, ] researched the City Zoning Codes for permitted land us~. Per Billings Montana
City Code (BMCC) 27-306, Diflrict Regulations, Commercial & Industrial Uses, a sandblasting
business must apply for a Special Review to operate within a Controlled Industrial zoned area. I
enclosed a Special Review application for your use in my letter of Feb~ary 6, 2003. You need
to complete and return the Special Review application no later than March 3, 2003.
Thc Special Review by the City Board of Adjasunents will look at all aspects of your business
inclading the use of the temporary structure mggested by the State Department o f Environmental
Quality. It will be to your benefit to subntit a complete Site Development Plan with your
application l'or Special Rw,'iew. This plan should show all structures either existing or proposed
including fences, sandblasting containment areas or other structures on the propert3'. The Special
Review application will need to be signed by the property owner and by you as the agent for the
property owner,
The fence permit you applied for in December 2002 was for the construction ora six foot fence.
At the time of our visit on February 12, 2003 you indicated the fence was going to be ten feet in
height in au effort to add additional control to the sandblasting dust. This is an option, but
because of the additional height will require a Building Permit. The Building Department will
require two site plans showing the location of the ten foot fence. The fence should be designed to
accommodata an 80 mph wind load.
We also discussed fencing materials. You stated you plan to use corrugated steal siding as the
t~ncing material. BMCC 2%604 (D), Fences, WalLs, and Hedges, states: "All fences shall be
cotutmcted from materials that are commonly used for fencing and slarall not be conswacted
from railroad ties, tires, t-ubble or salvage material." I realize you do not plan to use any of the
listed prohibited materials. The City Board of Adjustments addressed the issue of metal siding as
fencing material at their meeting on March 5, 2(302, and voted that it is not a commonly used
fencing material and therefore not acceptable tbr use within the City or its zoning jarlsdiction. [
encourage you to consider wood, cement block, chain link with slating or another pcrraittcd
fencing material.
You also need to '~pply for a Sign Pemfit through the Planning & Commurfity Ser¢ices
Department, located at 410 North Broadway, Fou.rth Floor, in the Parmly Library building. I
have enclosed a sign permit application.
At thi~ time it.is necessary f._or you to remove _the temporary membrane structure and cease
your sandblasting operation at 411 North 18t~ Street until the City Council reaches a
decision on your requezt for a Special Review. The membrane structure must be removed
no later than Monday, February 24, 2003.
lfyou have any questions or I eau be of any assistance pleas~ contact me at 247-8611 or 698-
2743.
Sincerely,
Nancy McCullough -
Commercial Code Enforcement
Larry Alheim, Department o f Environmental Quality
Russell Bosohee, Yellowstone County Air Pollution Control Bo~,m:l
JeffBollman, Zmfing Coordinator
Kim Palmicri, Buildh~g Official
na Department of
NVIRONMENTAL QUKIATY
Judy H. Martz, Governor
P.O. Box 200901 · Helena, MT 59620-0901 · (406)444-2544 o www.deq.state.mt.us
February 19, 2003
Mr. Russell Boschee
Yellowstone County Air Pollution Agency
3306 2na Ave. N
Billings, MT 59101
CERTIFIED MAIL # 7000 0600 0022 6744 1698
Return Receipt Requested
RE: Yellowstone County Air Pollution Agency
Dear Mr. Boschee:
The Enforcement Division (ENFD) of the Montana Department of Environmental Quality (DEQ) received
your letter dated January 21, 2003 concerning complaints involving French's Sandblasting and Painting. In
addition, the ENFD has reviewed your January 27, 2003 letter to Ms. Vickie Walsh of the Air and Waste
Management Bureau (AWMB). Both letters indicate that you have questions about DEQ's complaint
process and the involvement of the Yellowstone County Air Pollution Control (YCAPC) program.
All complaints received by the DEQ are the responsibility of the ENFD, Complaint Management Section
(CMS). DEQ employees are instructed to complete a Complaint/Spill Report form after being contacted
about citizen environmental concerns and to forward the report to ENFD. After initial review and entry
into the enforcement database, the complaint may be investigated by the CMS, referred to a program within
DEQ or referred to another agency such as YCAPC. The CMS investigates all complaints to obtain
information necessary to effectuate resolution or referral of the complaint. Jim Hughes and Larry Alheim
followed DEQ complaint management protocol concerning the French complaint and others in
Yellowstone County. The letter response that Jim Hughes wrote on October 23, 2002, for example, was
also copied to you at YCAPC as well as other programs that potentially needed to be involved with that
complaint issue.
If a citizen requests a reply regarding our investigation into their complaint, we inform the complainant of
any actions taken by DEQ including the referral of the complaint. This response may be in the form of
phone calls or letters to the complainant as in the case of Jim Hughes response. As a matter of courtesy we
may interview the complainant even if we know the issues may be referred to another government agency.
It is fairly common that the complainant alleges that another agency is not taking appropriate action. We
review these with open lninds in an honest effort to collect the facts and simply determine whether or not
there is compliance with the laws or rules adnfinistered by the DEQ. We are aware that citizens have
complained that DEQ is not taking appropriate actions and that the US EPA has the ability to review those
allegations.
Compliance with law or rule can be a dynamic situation. The goal is to close a complaint by returning a
company tO compliance but circumstances or work practices may cause the company to become out of
Russell Boschee
February 19, 2003
Page 2
compliance again. While you have indicated that the Robert Sos Signs complaint has been closed by
YCAPC, additional complaints have been received that warrant investigation by DEQ. We have reopened
many o four own investigations based upon submittal of new or additional information.
The DEQ appreciates YCAPC taking the lead and working to resolve complaints involving non-regulated
soumes. Howeyer, nothing in the contract between our agencies or any other document precludes DEQ
from investigating complaints and making any effort to ensure compliance from any source within
Yellowstone County. It is our desire to work cooperatively with YCAPC regarding complaint
investigations but can do so only as long as it is demonstrated that you are consistently addressing all
applicable roles on behalf of the state.
We respect the autonomy of YCAPC and recogl~ize the value of an effective partner in Yellowstone
County to help with complaint management. DEQ will continue to refer the appropriate complaints to your
office without interference; however, we retain the right to intemede when necessary. We commonly send
certified letters so that we can be confident that the message is being received.
If you have any questions concerning the complaint process or would like to schedule a meeting in Helena
to discuss this matter, please feel free to contact Complaint Management Section Chief Ed Thamke at (406)
444-2964. Thank you for your letters, I hope this satisfies your concerns.
John L. Arrigo s/~
Administrator
Enforcement Division
(406) 444-5327, Fax (406) 444-1923
email: jarrigo~state.mt.us
CC;
Representative Roy Brown, PO Box 200400, Helena, MT 59620
Jim Reno, County Commissioner, 217 North 27tt~ St., Billings, MT 59101
Marvin Lange, 620 N 14th St. Billings, MT 59101
Vickie Walsh, AWMB
Ed Thamke, ENFD
Roger Godfrey, AWMB-Billings
Bill Harbrecht, ENFD-Billings