HomeMy WebLinkAboutAir Pollution Control (5) A G E N D A CI-rY OF LAUREL
Air Pollution Control December 9, 2003
3306 2nd Avenue North 7:30 P.M.
1. Call Meeting to order
2. Approve minutes of previous meetings
3. Activity Report
I. INDUSTRIAL COMPLIANCE
A, No Industrial Compliance was done this month.
II. ADMINISTRATION
A. Budget - Discussion
B. Schessler Ready M£x - Update
C. Billings Brick- Update
D. French's Sandblasting & Painting - Update
E. YCAPC Program- Update
II1. MEETINGS
A. County Commissioners - DEQ - YCAPC Contract
B. County Commissioners StaffPersom~el
C. County Commissioners Intedocal Agreement
IV. AIR QUALITY
A. Open burning permits
B. Data Sunmaary
DATA SUMMARY
A. PM-10 Data for November 2003:
PM-10
Lockwood Park
High 26 ug/m~
Low 10 ug/m3
Average 16 ug/m3
B. Continuous Data for October:
Sulfur Dioxide Carbon Monoxide
Bridal Shop Bridal Shop
High 1 hr .026 ppm High 1 hr 4.2 ppm
High 24 hr .006 ppm High 8 hr 2.7 ppm
Hourly Average .002 ppm
Sulfur Dioxide Carbon Monoxide
Mt. Olive Mt. Olive
High 1 hr .018 ppm High 1 hr. 4.4 ppm
High 24 hr .006 ppm High 8 hr. 2.3 ppm
Hourly Average .002 ppm
Sulfur Dioxide Sulfur Dioxide
Coburn Road Beartooth
High 1 hr .111 ppm High I hr .027 ppm
High 24 hr .031 ppm High 24 hr .004 ppm
Hourly Average .009 ppm Hourly Average .000 ppm
Respectfully submitted,
Russell Boschee
Director
Minutes of the Yellowstone County Air Pollution Control Board meeting
held August 26, 2003, at the Yellowstone County Air Pollution Office.
Members Present: Dr. Mark Waddington, Mr. Rich Schilf, Ms. Michelle Reed, Mr. Charles Brooks,
Mr. John Oaks, and Mr. Jack Johnson.
Other Present: Mr. Russell Boschee, Ms. Laura Barnes, and Mr. Stuart Hannah.
Chairman Waddington ended the executive session and opened the meeting to the public at 8:45
p.m. Mr. Waddington discussed the needs of the air pollution agency in respect to both the public
and to the employees.
Chairman Waddington explained that the board, durin9 the executive session, had passed a
resolution to roll back salaries of Yellowstone County Air Pollution Control employees to the
previous levels of fiscal year 2002/2003. Mr. Waddington also explained that the board wants to
limit expenditures and to set a ceiling of no more than $5000 be spent from the reserve fund.
Mr. Boschee outlined the reports, letters, and communications that had been sent to board
members in regards to Fox Lumber, SOS Signs, and French's Sandblasting and Painting. Mr.
Boschee and the board discussed these cases and the Empire Steel case.
Mr. Boschee explained to the board the meeting in Helena on August 18, with the Montana DEQ,
and with the Montana Environmental Information Center. Mr. Boschee and the board discussed
what enforcement and compliance meant.
The board discussed the proposed change of wording in the state/county contract, future local
enforcement procedures, and the procedures of the Board of Environmental Review.
Chairman Waddington adjourned the meeting at 9:15 p.m.
Minutes of the Yellowstone County Air Pollution Control Board meeting held
October 21, 2003, at the Yellowstone County Air Pollution Office.
Membem Present: Dr. Mark Waddington, Mr. Rich Schilf, Mr. Jack Johnson, Ms. Michelte Reed,
Mr. Char[es Brooks, Mr. John Cakes, and Mr. Wade Steinmetz.
Other Present: Mr. Russell Boschee, and Mr. Stuart Hannah.
Chairman Waddington called the meeting to order at 7:40 P.M.
In the first order of business, the Board addressed the recording of minutes:
Chairman Waddington opens discussion on the Board Minutes by discussing procedures for
recording minutes. Mr. Schilf proposed the minutes be taken in the same sequence as the
Agenda. The utilization of software might be considered. Mr. Johnson passed out a summary of
'~Vhat Minutes Should Contain". Minutes should be distributed in advance of meetings, and a
compact disc be made for permanent record. Members can refer to the compact disc to make
additions, and the YCAPC will email the minutes to the Board members for review. Board
members should contact the secretary to make changes before the Board meeting. Chairman
Waddington noted that past minutes can be amended as necessary. Minutes will be posted on the
Internet after approval by the Board.
Mr. Johnson moved to accept the minutes of the August 26~h meeting. Ms. Reed seconded. There
was a question if a motion was made in regards to staff salaries at the August 26~h meeting. Mr.
Waddington said the minutes should be corrected to include a sentence saying the Board agreed
to record the meetings on a cassette tape recorder for conversion to a compact disc. (The August
26th meeting was recorded). Mr. Cakes moved to accept the minutes as amended. Mr. Johnson
seconded, and the motion passed unanimously. Mr. Schilf moved to accept the minutes of the
S~et~tember 16th meeting, and Mr. Cakes ,s, econded. Chairman Waddington, said the September
16 minutes should be amended to read compensation" instead of "salary' regarding Director
Boschee's salary. Mr. Boschee said he warited the Board to reconsider eliminating longevity pay
since Ms. Barnes and Mr. Hannah already received their longevity pay. Chairman Waddington
said the total compensation included salary and longevity pay. Ms. Reed said this discussion
should come after approval of the minutes. The motion to approve the amended minutes was
approved unanimously.
Chairman Waddington safd Director Boschee should make a formal proposal concerning staff
compensation to the Board. Ms. Reed moved to have Director make staff compensation proposals
in writing for the Board's review. Mr. Johnson seconded, and the motion was passed unanimously.
Industrial Compliance:
Concerning Industrial Compliance, Mr. Boschee said he inspected JTL's crusher, asphalt plant,
and crusher. They are located at the corner of King Avenue and Shiloh Road. He said they were
all in compliance. He said he inspected Empire Sand & Gravel's asphalt plant and ready mix plant.
They were both in compliance.
Administration:
Concerning our agency's budget, Mr. Boschee said our agency spends about $12,000 per month,
and he does not believe our agency will have any problems staying within our seven-month budget.
Mr. Boschee opened a discussion of moving our agency into the Courthouse by discussing the
cost/benefit analysis he prepared. Staff and public parking were discussed, and the cost of
remodeling the new offices was discussed. Mr. Boschee said less than 1% of the public picks up
their permit at our office. After further discussion, Mr. Steinmetz moved to ask the County
Commissioners let our agency move into the Courthouse when suitable space becomes available
and our lease can be resolved. Mr. Johnson seconded, and the motion passed unanimously.
Regarding Empire Steel, Mr, Boschee said he did a Compliance Inspection with Chairman Mark
Waddington and DEQ Air Quality Specialist Jim Hughes. We found them in compliance with all air
quality rules and regulations, Mr. Boschee discussed his File Note and Jim Hughes' Draft Report.
Chairman Waddington and Director Boschee discussed their findings. Mr. Cakes asked about
Robert SOS Signs and French's Sandblasting and Painting. Mr. Boschee said they are no longer
sandblasting in the area, and our agency has addressed the fugitive sand problem in the North
Park area.
Regarding Peavey Company, Mr. Boschee discussed the new protocol for violation letters.
Inspections at Cereal Food Processors, Wesffeeds, and Peavey Company will need to be done to
delineate property lines. Mr, Boschee explained how a business could appeal to the Board our
agency's decision. Chairman Waddington noted the Board will decide timeline to implement plans.
Regarding Robert SOS Signs, Mr, Boschee noted they have cleaned up their lot as directed.
Regarding Schessler Ready Mix, Mr. Boschee noted they have submitted plans for abating their
fugitive dust problem. It includes putting down a dust suppressant and building a containment area
for its concrete washout.
Regarding Montana Rail Link, Mr. Boschee said the ballast cleaning machine was found to be a
mobile source, not a stationary source; therefore, no action was taken.
Regarding Empire Steel, Mr. Boschee said Mr. Lange has made numerous complaints concerning
the sandblasting at Empire Steel.
In other business:
Chairman Waddington questioned the status of the Interlocal Agreement, and Mr. Boschee said
there are two scenarios for the YCAPC agency being discussed. The first scenario would be that
staff would become County employees, and the second scenario would be that staff would be
under the Board of Health. According to Ms. Reed, she and the CEO of the Health Department
have discussed the possibility of moving the YCAPC program into the Health Department under the
Board of Health. No decisions have been made regarding what capacity the existing YCAPC
Board will have, but it may become an advisory board during the transition. The next Board of
Health meetings are October 30, 2003 and December 11,2003. We will know more about
potential changes in the next month. Ms. Reed may have a conflict of interest, but it will be
addressed later. Bylaw revisions will be changed accordingly. Mr. Boschee noted that these
discussions are very preliminary.
Chairman Waddington questioned the status of our proposed changes to our agency's regulations.
Regarding our agency's proposed changes to the YCAPC Program, Mr. Boschee said they are
currently being reviewed by the DEQ Legal Department, but the Board can withdraw them at any
time.
Mr. Schilf wanted a copy of the YCAPC-DEQ contrac! sent to all Board Members for their review.
Chairman Waddington questioned if copies of agency material could be sent to the Board
electronically. Mr. Boschee discussed the format of the Compliance Inspection Reports saying it is
mostly specific data, such as, the age of equipment. He discussed our agency's complaint Icg
saying these are minor sources, such as, burning barrel and dust complaints. Chairman
Waddington said he wanted a carbon copy of any enforcement action taken; he indicated any letter
sent to the DEQ Enforcement Division be sent to him. Mr. Schilf said the whore Board should
receive a copy of this material. Mr. Boschee said our agency would email everyone. Ms. Reed
moved that all enforcement material be sent to the Board electronically. Mr. Schilf seconded, and
the motion passed unanimously.
The meeting was adjourned at 9:35 P.M.
Minutes of the Yellowstone County Air Pollution Control Board meeting held
November 11, 2003, at the Yellowstone County Air Pollution Office.
Members Present: Dr. Mark Waddington, Mr. Rich Schilf, Mr. John Cakes, Mr. Jack Johnson, Ms.
Michelle Reed, and Mr. Wade Steinmetz
Other Present: Mr. Russell Boschee, and Mr. Stua~ Hannah.
Chairman Waddington called the meeting to order at 7:30 p.m.
In the first order of business, Chairman Waddington opens the discussion on Staff Compensation
requesting that the Board meet in Executive Session. He asked Mr. Boschee for various staff
compensation documents and closes the meeting to the public. After discussing the Staff
Compensation, Chairman Waddington opens the meeting to the public. Ms. Reed moved that the
YCAPC Board as the governing Board according to the current Interlocal Agreement and not being
swagged by any other outside compensation plan set the salaries of the staff at--Russell Boschee
$50,675, Stuad Hannah $35,827, and Laura Barnes $9,162--all inclusive does with no additional
language and not identify anything else than salary until July 1,2004. Mr. Steinmetz seconded and
the motion passed unanimously.
Chairman Waddington opens a discussion on the Board Minutes. Mr. Boschee says it is
impossible for Ms. Barnes to do the minutes unless she attends the meeting. Since our agency
does not have the money for Ms. Barnes to attend the meeting, Mr. Boschee will write the minutes
from Mr. Hannah's notes. The Board discusses the taking of minutes. Mr. Johnson moved that the
October minutes not be approved at this time until Mr. Boschee rewrites them. Ms. Reed amended
the motion to say the October and November minutes will be approved at next month's meeting.
Mr. Steinmetz seconded, and the motion passed unanimously,
Concerning October's Industrial Compliance, Mr. Boschee discussed Cereal Food Processors, Inc,
Compliance Inspection saying our agency cited them in violation of ARM 17.8.308. Chairman
Waddington discussed receiving the compliance letters electronically.
Concerning October's Administration, Mr. Boscbee discussed the YCAPC-DEQ Contract with the
Board. He said sources over 25 tons per year of airborne pollutants are Regulated Sources; he
said sources under 25 tons per year of airborne pollutants are Non-Regulated Sources. Mr.
Boschee discussed Regulated Sources especially in their relationship to ARM 17.8.743 and ARM
17.8.744. He discussed our current enforcement policy toward Non-Regulated Sources. In
conclusion, Mr, Boschee stated the Agency's Enforcement Policy is outlined in the YCAPC-DEQ
Contract, and the Board is doing what the DEQ wants us to do according to the Contract.
Mr. Boschee discussed the compliance actions taken by our agency concerning Cereal Food
Processors, Westfeeds, and Peavey Company saying they were in violation of ARM 17.8.308, and
they were ordered to put dust suppression on their lots, The Board discussed this action as it
relates to our Enforcement Policy.
Mr. Boschee said the COP Construction complaint was a dusty road complaint on South Billings
Boulevard. COP Construction is putting in a new sewer line, and they were instructed to put down
magnesium chloride for dust suppression.
Mr. Boschee said Billings Brick was expanding their lot lor additional storage. They were instructed
to put a layer of gravel on this expansion and to clean up excessive dirt.
Mr. Boschee said WMK Steel had paint overspray leaving the west side of their facility. They were
instructed to move the paint area to the east side of the facility by January 1,2004.
Mr. Boschee said Billings Brick had installed a new lime silo, but they had not repaired the opening
in the building. They were instructed to fill in the opening as soon as possible.
Mr. Boschee said ViP Services cleaned up the Smith Food Store lot in the Heights, which had
caused a large amount of fugitive dust. Mr. Boschee instructed them to better maintain their
equipment. Mr. Boschee said this was a mobile source. Chairman Waddington asked Mr.
Boschee to differentiate between mobile and stationary sources. Mr. Boschee said a stationary
source is at a fixed location, and its airborne pollutants are a day-to-day occurrence. A mobile
source is moving about consistently, and its airborne pollutants are transitory in nature. Mr. Oakes
asked about policing mobile sources. Mr. Boschee discussed the enforcement procedures
concerning these mobile sources.
Mr. Boschee said Bosco Enterprises was sandblasting a car on Hesper Road and S. 32nd St. in an
industrial park. Mr. Hannah investigated this complaint, but he did not have our agency's camera
to document the case. They were instructed not to use the sandblasting agent they employed in
the future.
Concerning October's meetings, Mr. Boschee said he attended a Task Force Meeting concerning
the new Interlocal Agreement. He said he attended a regularly scheduled Commissioners Meeting
with Chairman Waddington to discuss the Compliance Inspection Report at Empire Steel. He said
he attended and passed Visible Emissions School in Helena with Mr. Hannah who also passed.
Concerning Air Quality, Mr, Boschee said our agency is issuing burning permits again until the end
of November. Our agency's new burning permit season starts the first of January.
Concerning other business, Chairman Waddington asked Ms. Reed how the Task Force Meeting
with Department of Health officials went. Ms. Reed said the meeting postponed and rescheduled
for November 24, 2003. Ms. Reed said our program will be discussed and there are four outcomes
to be discussed:
1) Program stays the same under YCAPC Board
2) Program is under City/County Health Department
3) Program is under the City/County Planning Department
4) Program under the Board of County Commissioners
She noted most other Air Pollution agencies are under the Department of Health,
The Board discussed with Mr. Boschee the several scenarios concerning our agency's new
Interlocal Agreement. Mr. Boschee noted that the YCAPC Program designates the YCAPC Board
as the Control Board. Any changes to this Program would have to be approved by the Board of
Environmental Review. Mr. Boschee said the funding of this Interlocal Agreement needs to be
addressed. The deadline for this new Interlocal Agreement is December 31,2003.
Chairman Waddington asked Mr. Boschee when the mid-year Budget Review would occur. Mr.
Boschee said he thought it would happen around the 20th of January. Chairman Waddington said
staff compensation issues may change depending on funding at the mid-year review.
Chairman Waddington adjourned the meeting at 9:25 P.M.
ADOPTED 2003-2004 YCAPC BUDGET 9-16-03
(Seven months exoenditures versus six months revenues)
(Confirmed at the November 1 1, 2003 Meeting)
Category Adooted 2003-2004
Personnel
Director $ 29,560
Enviromental Specialist $ 20,899
Secretary $ 5,345
Overtime $ 0
Benefits $ 14,052
Termination Pay $ 0
$ 69,857
Catfital Outlay $ 0
Ol~eration and Maintenance
Office Rent $ 2,917
Office Supplies $ 1,167
Phone $ 1,458
Power $ 1,167
Lab & Other Supplies $ 875
Travel $ 846
Vehicle Expenses $ 583
Membership Dues $ 88
Software Maintenance $ 583
$ 9,683
TOTAL $ 79,540
REVENUE BREAKDOWN:
State of Montana $ 4,788
EPA $ 27,132
City of Billings $ 20,000
Coanty of Yellowstone $ 12,000
CityofLaurel $ 1,334
Health Insurance Levy $ 900
$ 66,154
RESERVE: $ 13,386
TOTAL $ 79,540
Unfunded Liability - 4/30/03
1. Russell Boschee $15,860
2. LanraBaxnes $ 1,071
3. StuartHam~ah $ 503
$17,434
Estimated Reserves $56,445
Use of Reserves $13,386
Projected Reserves $43,059
~na DePartment of
E ~rIRO~]~kL Q ~J~k.L~T~ Judy H. Marlz, Governor
P.O. Box 200901 · llelena, MT 59620-0901 - (406)444-2544 · www.deq.state.mt.us
December 3, 2003
Raymond French
French's Smldblasting and Painting Inc. CERTIFIED MAIL # 7003 1010 0000 9269 7447
1616 Harness Lane Return Receipt Requested
Billings, MT 59105
RE: Enforcemeut Action for Air Quality Violations, 420 North 17tI' and 320 North 11th Street,
Billings, Montana (FID 794)
Dear Mr. French:
The Department of Enviromnental Quality (Department) is initiating an enforcement action against
French's Sandblasting and Painting Inc. (French's) to resolve the air quality violations that occurred at
420 North 17th and 320 North 11th Street, Billings, Montana as follows: '
The Administrative Rules of Montaha (ARM) 17.8.308(1) states, "No person shall cause or authorize
the prodnction, handling, transportation, or storage of any material unless reasonable precautions to
control emissions of airborne particulate matter are taken."
1. On January 16, 2003 the Department informed Yellowstone County Air Pollution Control
(YCAPC) that complaints concerning French's fugitive emissions at 420 North 17th, Billings,
Montana had been received. Thc Department stated in a letter to YCAPC that in addition to the
fence YCAPC had requested, French's needs to take additional reasonable precautions to control
dust. YCAPC sent a letter to Frcnch's dated June 13, 2003 stating the fence to control fugitive
emissions had not been completed and accumulations of sand had to be removed from the
property to prevent fngitive emissions. On July 31, 2003, YCAPC notified the Department that
French's had taken no reasonable precautions to control emissions. During this period the
Department and YCAPC received several complaints that excess fugitive emissions were
impacting the surrounding community.
2. On July 16, 2003, Yellowstone County Planning and Community Services Department
observed French's conducting sandblasting operations at 320 N 11th Street, Billings, Montana.
French's was taking no reasonable precaution to control fi~gitive emissions. The operation
created a large cloud of dust that drifted across the street impacting the surrounding area. This
dust cloud was visible from several blocks away.
If you believe that the facts stated above are not accurate, please contact the Enforcement Division. The
Departmetlt will consider any documentation not previously submitted that indicates that the violations
did not occur or that the violations occurred differently than described above.
Raymond French
Dccember 3, 2003
Page 2
Under Section 75-2-401, Montana Code Am~otated (MCA), violations of the Clean Air Act et' Montana
are subject to an administrative civil penalty of not more than $10,000 for each day of each violation,
not to exceed a total o[$80,000. In accordance with Section 75-2-413, MCA, violations of the Clean
Air Act of Montana may result in ~ civil penalty of np to $10,000 per violation. Each clay of each
violation constitutes a separate vi,01ation. The Department's Enl~orcement Division has calculated a
pcnalty o£$4,000 for thc abovc-.meotioned violatio~s. I am enclosing tl~e pennlty calcttlation worksheet
For your information.
The Department is willing to resolve the matter with an Administrative Order on Consent, rather than
isstle an Administrative Pcn:llty Order, l['FrcncJl',s is willi~g I,~ i'¢,soJye [he viol,q[iol~s with ,'111
Admiuistrative Order on Conseut, contact thc Depart. lnenl wilhia 30 days o t'the date o ~' [his lc[let [o pay
the penalty or schedule a meeting in order to discuss settlement. If settlement cammt be reached within
60 days, Ihe I)cpartmcnt will Ira*coed with issuing n pmmlly t~rdcr.
If you would like to discuss this matter, please contact thc case manager, L,'u-ry Alheim, at (406) 444-
5328.
Sincerely, j ~ ..
Jolm L. Arrigo
Admiaistrator
Enforcement Division
(406) 444-5327, Fax (406) 444-1923
email: jarrigoQ~sLate.mt.us
Encl.: Pmmlty worksheet
cc: Jolm Wardell, US EPA-Helm~a
Russ Boschee, Yellowstone County Air Pollution Control, 3306 2"a Ave N, Billings, MT 59101
Nancy McCullough, Yellowstone City County Planning, 510 N. Broadway, Billings, MT 59101
cc/one: Keith Jones, Legal
Vickie Welsh, AWMB
Russ Boschee
From: Wolfe, Debra [dwolfe@state.mt. us]
Sent: Wednesday, October 29, 2003 11:26 AM
To: 'rboschee @ co, yelJowsto~e, mt.us'
Subject: FW: RE: DEQ & Yellowstone County Air Pollution Control (fwd)
Please review my reply to Nancy's e-mail. Call me wi~h Qs. d
..... Original Message .....
From: Wolfe, Debra
Sent: Thursday, August 21, 2003 4:49 PM
To: 'mattixR~ci.billings.mt.us'
Subject: FW: RE: DEQ & Yellowstone County Air Pollution Control (fwd)
Ms. Matrix: I'm forwarding this to you as I'm unsure of Nancy's e-mail
address {wasn't on the string of e-mails I received, so I guessed at the
format), although I have yours- so...pass this on, please. Thanks. Deb
..... Original Message .....
From: Wolfe, Debra
Sent: Thursday, August 21, 2003 4:46 PM
To: Walsh, Vickie
Cc: Godfrey, Roger; Alheim, Lawrence; 'mcculloughn@ci.billings.mt.us'
Subject: RE: RE: DEQ & Yellowstone County Air Pollution Control (fwd)
Vickie: The issue regarding the contract is growing legs and detracting
from real issues. MS. McCullough has inadvertently mischaracterized the
contract in her e-mail to Ms. Matrix. I called her and reiterated what I
tried (obviously unsuccessfully) to communicate at Monday's meeting, i.e.,
the contract is primarily a vehicle for transferring money to Yellowstone
county's air program. The contract attempts to describe the role of the
county as an active partner in addressing air quality problems within the
county because DEQ believes local involvement is crucial in administering an
air program. However, the contract is simply an agreement between two
parties, not a law. The contract cannot, regardless of its purported
armbiguities or seemingly contradictory provisions, convey any authority to
the county absent the directives of the Legislature or the Board of
Environmental Review. Revisions or modifications to the contract change
nothing regarding Yellowstone county's apparent authority. Further, those
who inquire regarding Yellowstone county's authority should be referred to
the Yellowstone County Air Pollution Control Program Regulations as approved
by Board order on June 7, 2002. I'm afraid the continued reliance on the
contract as the definitive source of authority is misplaced.
I've referred Ms. McCullough to the statutes for local regulations at Mont.
Code Ann. §75-2-301, et seq. and intend to send her copies of both the
current Yellowstone County air regs and the last Board order regarding the
Thanks- Deb
..... Original Message .....
From: Walsh, Vickie
Sent: Thursday, August 21, 2003 2:41 PM
To: Wolfe, Debra; Homer, Charles
Subject: FW: RE: DEQ & Yellowstone County Air Pollution Control (fwd)
FYI
1
, FW: DEQ & Yellowstone County Air Pollution Control Page 1 of 2
Russ Boschee
From: Jim Reno
Sent: Wednesday, August 20, 2003 9:13 AM
To: 'Mattix, Ramona'; Bauer, Kristoff; Jim Reno; Bill Kennedy; John Ostlund
Cc: Dennis Paxinos; Russ Boschee; Dave Brown (E-mail); Donald Jones (E-mail); Doris Swords
Poppler (E-mail); Jan Iverson (E-mail); Larry Brewster (E-mail); Mark Kennedy (E-mail); Michael
Larson (E-mail); Mick Ohnstad (E-mail); Peggie Gaghen (E-mail); Shirley McDermott (E-mail)
Subject: RE: DEQ & Yellowstone County Air Pollution Control
From my perspective, the local Air Quality office should investigate complaints and turn their finds over to the
state (DEQ) for enforcement. Ultimately, it comes down to state enforcement anyhow, why not cut out the local
enforcement stage. -----Original Hessage .....
From: Matrix, Ramona [mailto:MattixR@ci.billings.mt.us]
Sent: Tuesday, August 19, 2003 2:29 PM
To: Bauer, Kristoff; Jim Reno (Jim Reno); Bill Kennedy (Bill Kennedy); John Ostlund
Subject: FW: DEQ & Yellowstone County Air Pollution Control
Keeping you in the loop as things unfold.
Ramona Mattix, Director
Planning & Community Services
City of Billings/County of Yellowstons
510 N. Broadway, 4th Fir.
Billings, MT 59101
(406) 657-8289 phone
(406) 657-8327 fax
<<Matrix, Ramona.vcf>>
..... Original Message .....
From: McCullough, Nancy
Sent: Tuesday, August 19, 2003 2:13 PM
To: Mattix, Ramona
Subject: DEQ & Yellowstone County Air Pollution Control
Ramona,
I attended the meetin§yesterday in Helena between the State DEC;) Air Quality Division & Ann Yerger of
MEIC regarding the question of conflicting contraotural language in the state's contract with Yellowstone
County Air Pollution Control Board. This contract contradicts itself in two areas:
II. Source compliance. A. Inspections & Emission Inventory 1....When practiable, Yellowstone shall
conduct inspections while the source is operating. DI=Q shall have final authority over any and all
8/21/2003
~. FW: DEQ & Yellowstone County Air Pollution Control Page 2 of 2
compliance or enforcement actions initiated against any Regulated or non-regulated source in Yellowstone
County.
and
E. Enforcement: 2. Yellowstone shall take timely enforcemenet action consistent with DEQ
Enforcement Division Procedures against any non-regulated sources for violations of applicable
regualtions. Yellowstone shall promptly notify the DEQ Yellowstone County Air Compliance Coordinator of
all violations within 30 calendar days following occurence and provide timely notificaiton to the DEQ of
violation (s) discovered at any soume within Yellowstone County.
The representatives of the DEQ agreed with Ann that the language needed to be cleaned up & made
clearer as to exactly what kinds of enfomement power Russ Boschee & his department would have & be
expected to exert.
Another problem with the county enforcement system is that the former head of Yellowstone County Air
Pollution Control Board (YCAPCB) gutted the contract & eliminated any enforcement the program had. The
County Commissioners also need to adopt MCA 17.8.308 Air Quality, which provides the guidelines that
constitute air quality violations & their punishments. Russ needs to write the rule, forward it to DEQ Board
of Environmental Quality for approval, then to Commissioners, public meetings & back to Commis for final
acceptance. Then we'll need to educate the county attorneys on enforcing it once Russ issues a citation.
(This is another instance where it would be good for the county code/air pollution folks to have citation
powers) Ann also quite clearly voiced her opinion that she feared the county attorney would allow this type
of case to turn to dust as it would probably not be a high priority for him.
There was also a lot of talk regarding "reasonable precautions." If Empire Steel is ordered to have a
vacume truck clean their property once each week on Fridays & we have a 40 mph wind on Thursday,
have they taken reasonable precautions to prevent fugitive dust from leaving their property? No one had a
good answer to that.
We had a long discussion regarding Empire Steel, Sos & French's. All were pleased that Sos & French
were about done. The concern with Empire is still the open-ended building allowing fugitive sand/dust to
escape the property. There is also concern about all three cleaning up the fugitive sand that exists at all the
sites.
No plans were made at this time for another meeting, but my guess is there will be at least 2 more to iron
out the contract language so everyone is happy with it. If/when I hear about another meeting I'll let you
know as I would like to be there. This time I'm driving myself.
Will keep you posted.
Nancy McCullough
Commercial Code Enforcement
Planning & Community Services Dept.
510 North Broadway, 4th Floor
Billings, MT 59101
406-247-8611 Office
406-698-2743 Cell
406-657-8327 Fax
8/21/2003