HomeMy WebLinkAboutAir Pollution Control
U
JAN 1 2 2004
AGENDA
Air Pollution Control
3306 2nd Avenue North
CITY OF LAUREL
January 13, 2004
7:30 P.M.
1. Call Meeting to order
2. Approve minutes of previous meeting
3. Activity Report
1. INDUSTRIAL COMPLIANCE
A. Laurel East Veterinary Clinic
B. Cremation or Funeral Gallery
II. ADMINISTRATION
A. Budget-Funding
• B. State of the Agency - Discussion
C. Interlocal Agreement Proposals - Discussion
D. Fox Lumber - Inspection
E. Cereal Food Processors - Enforcement Action
F. Westfeeds, Inc. - Enforcement Action
G. Peavey Company - Enforcement Action
H. Arnie Brey Open Burning - Update
1. Rudy Groshelle Recreational Fire - Update
J. BLM Odor Compliant - Update
K. Doug Dreeszen Dust Complaint - Update
III. MEETINGS
A. City Administrator - Interlocal Agreement
B. Laurel City Council - Interlocal Agreement
IV. AIR QUALITY
A. Open burning permits - 31 in December - 2339 for 2003.
B. Data Summary
¦ 6
DATA SUMMARY
A. PM-10 Data for December 2003:
PM-10
Lockwood Park
High 24 ug/m3
Low 13 ug/m3
Average 19 ug/m}
B. Continuous Data for November:
Sulfur Dioxide
Bridal Shop
High 1 hr 031 ppm
High 24 hr .008 ppm
Hourly Average .001 ppm
Sulfur Dioxide
Mt. Olive
High 1 hr
High 24 hr
Hourly Average
Sulfur Dioxide
Coburn Road
High 1 hr
High 24 hr
Hourly Average
Respectfully submitted,
?ta;ol d,?
Russell Boschee
Director
.017 ppm
.005 ppm
.002 ppm
.077 ppm
.017 ppm
.007 ppm
Carbon Monoxide
Bridal Shop
High 1 hr 5.9 ppm
High 8 hr 4.1 ppm
Carbon Monoxide
Mt. Olive
High 1 hr. 5.2 ppm
High 8 hr. 3.9 ppm
Sulfur Dioxide
Beartooth
High 1 hr .033 ppm.
High 24 hr .005 ppm
Hourly Average .000 ppm
Minutes of the Yellowstone County Air Pollution Control Board meeting held
December 9, 2003, at the Yellowstone County Air Pollution Office.
Members Present: Dr. Mark Waddington, Mr. Rich Schilf, Mr. Charles Brooks, Mr. John Oakes, Mr.
Jack Johnson, Mr. Wade Steinmetz, and Ms. Michelle Reed.
Other Present: Mr. Russell Boschee, and Mr. Stuart Hannah.
Chairman Waddington called the meeting to order at 7:40 p.m. Mr. Steinmetz moved to accept the
minutes of the August 261h minutes as written. Mr. Johnson seconded, and the motion passed
unanimously. Chairman Waddington asked for grammatical tense changes to make the October
213` minutes consistent in the past tense. Mr. Johnson moved to accept the amended minutes of
the October 213' meeting. Ms. Reed seconded, and the motion passed unanimously. Chairman
Waddington asked for grammatical tense changes to make the November 11`h minutes consistent
in the past tense. Mr. Schilf asked his name be removed from the list of members present because
he did not attend. Mr. Steinmetz moved to accept the amended minutes of the November 11`h
meeting. Mr. Oakes seconded, and the motion passed unanimously.
Concerning October's Industrial Compliance, Mr. Boschee said no industrial compliance was done
this month. He noted this was slow time of the year for these inspections
Concerning October's Administration, Mr. Boschee presented the adopted September 16'h Budget
that had seven month's expenditures versus six month's revenues. He noted that Schessler Ready
Mix had applied its magnesium chloride dust suppressant on November 12, 2003 at the
approximate cost of $1350 as ordered by the Board. He said he talked with Joyce Schessler about
the retaining wall project on W. Railroad; she said they would construct it when time allowed. This
is a voluntary project. Mr. Boschee said Billings Brick had applied a layer of gravel to its new lot
and had cleaned up the excessive dirt on the south end of their property as instructed. He said
French's Sandblasting and Painting had been fined $4,000 for two different violations in July 2003.
The Board discussed these fines, and they asked if they could receive a copy of worksheet used to
determine the fine. Mr. Boschee said our agency's Proposed Changes to the YCAPC Program had
been approved by the DEQ Legal Department. Our agency needs to make a few minor changes
and return it for final approval. Mr. Boschee discussed the proposed changes in relationship to the
YCAPC-DEQ Contract. He presented an October 29'h memorandum from Debra Wolfe, DEQ
Contracts Coordinator, stating the contract is an agreement in principle and not legally binding.
The Board discussed if the 1969 and the 1983 Interlocal Agreements were legally binding; the
consensus was that they were binding. The Board discussed the history of fines against Non-
Regulated Sources in Yellowstone County by the DEQ, and they discussed the possible outcome
of the French's Sandblasting and Paintings' enforcement action. Mr. Boschee noted this matter
was now with the DEC; our agency will no longer be involved with the enforcement action.
Chairman Waddington asked how the enforcement action would have happened if our agency had
enforcement authority in its regulations. Mr. Boschee said the County Attorney would be
responsible to pursue any enforcement action taken by the Board. He noted first it would need to
go before the Board of County Commissioners for their approval. The Board discussed the role of
the County Commissioners in the enforcement actions, and Mr. Brooks noted they now have their
own attorney, Mr. Dan Schwarz, to handle civil matters. Mr. Boschee noted the DEC would want
assurances that the County Commissioners and County Attorney would aggressively prosecute
these matters if enforcement were to be returned to our agency.
Concerning October's Meetings, Mr. Boschee said he met with County Commissioners concerning
the YCAPC-DEQ Contract. Enforcement, jurisdiction of Regulated and Non-Regulated Sources,
and DEC's role in enforcement were discussed. He met with the County Commissioners at Human
Resource Director Vigness' request to discuss Personnel Issues, such as, longevity pay, county
versus board employees, and the budget. The County Commissioners said these issues would be
addressed in the new Interlocal Agreement. He met with the County Commissioners concerning
the new Interlocal Agreement. The Board discussed this meeting in depth, as several Board
members were able to attend. Chairman Waddington said it was good the YCAPC Board was
involved in the process. Commissioner Reno wanted the Board of Health to become the governing
Board, and he wanted enforcement to be handled by the State DEC. Mr. Boschee spoke in favor
of local control and returning enforcement to our agency. Ms. Reed noted the Board of Health
would meet December 11`h to decide if they want the responsibility for the YCAPC Agency. The
Board discussed other issues brought up at this meeting. Mr. Boschee discussed the various
lawyers involved in creating the new Interlocal Agreement. Ms. Reed noted that the end of March
is the earliest time for the City of Billings to review the new agreement. Hopefully, the Board will
receive a copy of the new Interlocal Agreement for its review before it is presented to the Billings
City Council. The Board discussed the 1983 Interlocal Agreement in the context of the new
Interlocal Agreement. Chairman Waddington explained how the new Interlocal Agreement might
change the structure of the Board, and he said the communication lines in the future must be open
to City/County Officials especially if this Board becomes an Advisory Board.
Concerning October's Air Quality, Mr. Boschee presented an open burning for Arnie Brey on Lipp
Road. He said Mr. Brey wanted to burn a large amount of old lumber twenty-four hours per day.
The Agency said he could not burn after dark, but these permits have been traditionally granted to
individuals. Mr. Boschee asked the Board for its input on this permit. He said he had talked with
Mrs. Metzger of the Woodland Park Fire Department; she said she was aware of the burn and had
given their permission. He noted our agency had received several complaints concerning the
burning the morning of December 91h. Ms. Reed asked if people could burn in December. Mr.
Boschee said our agency's regulations state that burning is allowed on days of good ventilation
during December, January, and February. The Board discussed the situation; they were very
concerned about the amount of lumber he had to burn which could take months to burn. The
Board discussed the difference between a minor and major open burn. Mr. Oakes recommended
chipping the material or burying it on his property. Chairman Waddington asked about our open
burning policy and thought he may have violated it. Chairman Waddington noted this open burn
was a violation of the air quality standards, not a fire danger concern. Ms. Reed noted there would
be many days of poor ventilation due to inversions over the next several months. Chairman
Waddington noted on the permit it states, "This permit may be suspended or revoked at anytime
when conditions warrant, or when the permit holder is in non-compliance with the Open Burning
Policy." Mr. Schilf suggested our agency revoke his permit, and he said they could not burn before
March 1, 2004. After further discussion, Mr. Oakes moved to revoke Arnie Bray's current permit,
and Mr. Brey can reapply for an open burning permit after March 1, 2004 when our regular burning
permit season begins to burn this material. Mr. Johnson seconded. The motion passed 6-0.
Chairman Waddington instructed Director Boschee to prepare written notice to Mr. Brey revoking
his current permit explaining the Board's reasons for revoking his permit. After review by the
Board, Director Boschee should send the notice as soon as possible.
Chairman Waddington adjourned the meeting at 9:05 P.M.
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
3306 Second Avenue North
Billings, NIT 59101
(406) 256-6841
Fax(406)256-6891
MEMORANDUM
FROM: Russell Boschee
TO: YCAPC Board Members
DATE: 12/19/2003
SUBJECT: State of the Agency
For the past twenty-six years, I believed the Board and Staff thought a strong,
independent Agency at 3306 2nd Avenue North best served the public due to the
controversial nature of air quality issues in Yellowstone County. I believed the Board
and Staff thought the 1969 and 1983 Interlocal Agreements gave the Agency far-reaching
power and authority concerning these air quality issues. Recently, I have stalled to
question these positions. Here are my thoughts on subjects I think need to be discussed
in the future.
Agreements:
1. What if the 1969 Agreement was merely a vehicle to transfer funds to and to
provide structure for our Agency?
2. What if the 1983 Agreement was merely an agreement in principle?
3. What if the 1983 Agreement was merely an agreement to provide oversight for
the Board of County Commissioners?
4. What if the County Commissioners had oversight all along? (In a memorandum
dated September 5°i, I stated I thought the budget and final authority over this
Agency rested with the County Commissioners all these years.)
Accountability:
Accountability is the buzzword in governmental policy in the new millenium. More
than ever, elected officials are demanding that government employees, governmental
agencies, and advisory boards be held accountable to another governmental entity or
elected official. Someone must provide oversight for the governmental entity; therefore,
any issue can be appealed to a higher level. The YCAPC Board has been autonomous for
many years, but the times have changed. If the Board is not going to be accountable to
the Board of County Commissioners, it seems the Board of Health would be the next
'.ogical choice. I do not think an autonomous YCAPC Board will be allowed in the
current political climate.
Partnership
The Agency has had a long-term partnership with the DEQ, which is described in
the YCAPC-DEQ Contract. I have contacts in the Enforcement, Compliance, Permitting,
and Monitoring Divisions; I discuss various air quality issues of mutual concern with
these officials. Concerning local issues, the Board and Agency has taken an autonomous
approach to these air quality issues in the past because the governing bodies have never
asked to be involved in our Agency's affairs until recently. I think the Board has
developed a new partnership with the governing bodies as the Agency has opened new
lines of communication and developed new protocols to address local issues. I think we
will need to develop a partnership with the new oversight Board under the new Interlocal
Agreement.
Jurisdiction:
Since I have become Director, I have tried to bring jurisdiction over air quality
issues back to this Board and Agency. Nancy McCullough and Donna Huston of the
City-County Planning Department, Jim Hughes of the local DEQ Office, and Jim Kraft of
the Emergency and General Services have been involved in local air quality issues. The
effort to bring back enforcement to our Agency through the Proposed Changes to the
YCAPC Program has helped in this matter. Right now it is difficult to claim jurisdiction
if our Agency does not have the Regulations necessary to enforce the air quality
standards. To return or not to return enforcement to our Board and Agency will be a
major discussion item in the coming year.
These are my thought on the State of the Agency as we enter the New Year. I
hope you will develop your own ideas on these subjects and how we can address them in
the coming year. This has been a very challenging year; next year will be just as
challenging as we enter a new Interlocal Agreement.
Russell Boschee
Director
INTERLOCAL AGREEMENT PROPOSALS
PROPOSAL 1: OVERSIGHT
City-County Health Department
ENFORCEMENT:
Step 1: YCAPC Board - Advisory
Step 2: Board of Health
Step 3: Enforcement Action
PROPOSAL2:
Step 1:
Step 2:
Step 3:
County
Commissioners
OVERSIGHT
County Commissioners
ENFORCEMENT:
YCAPC Board - Advisory
Billings City Council
Enforcement Action Enforcement Action
PROPOSAL 3: OVERSIGHT
County Commissioners
ENFORCEMENT:
Step 1: YCAPC Board - Advisory
Step 2: DEQ
Step 3: Enforcement Action
Laurel City Council
Enforcement Action
Milli
December 22, 2003
Mr. Russell Boschee
Yellowstone County Air Pollution Control
3306 Second Avenue North
Billings, Mt 59101
Dear Mr. Boschee:
Per your air quality inspection of October 23, 2003, Cereal Food Processors
will do an application of magnesium chloride to suppress the dust emissions
from our parking lot/driveways. Our plan is to do the application in March or
April when the weather is wanner, if this time frame is approved by you. Attached
Is a plot plan of the property with the area to be treated marked in yellow. Please
call me at 1-800-473-3741 if you have any questions.
Sincerely,
Dave Hodges
Plant Manager
Cereal Food Processors
Billings, Montana
90016th Street North Tel: 406/727-7366 e-mail info@cerealtood.com
Great Falls, MT 59401 Fax: 406;761-3471 mmcerealfood.corn
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01!06104 1L Slem P. 002
To YELLOWSTONE COUNTY AIR POLLUTION CONTROL:
Our plan at West feeds is to have our lot sprayed with magnesium chloride.
We plan to have this done in the spring. We are probably going to teem up
with Peavey Orain
STEVE ROGERS
MANAGER @WESTFEEDS
1/06104
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December 22, 2003
Mr.Russcll Boschce
Director
YclloNvstouc Counts
Air Pollution Control
3306 Second Ave. N.
Billings, Mt. 57101
Dear Mr. Boschee,
Peavey Company
3815 1st Avenue South
Billings, Montana 59101
(406) 245-7575
In response to your letter of October 23, 2W)3 couccrning fugitive dust emissions from our drive and
parking lot. we have opted to apply a dust suhpressamt (magnesium chloride), afler being advised by city
engineering division (Chris Hertz) that recycl(A asphalt chips would not be an option. We will be out-
filling our existing company pick-up with a dater lards and spay boons in order to periodically "wet down"
driveway areas as needed. Attached please fird a map of the areas tin yellow) that will be treated and
maintained.
Regards.
Al Sicroberb
Mauager
® a,
a ConAgra Company
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YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
(406)256-6841
3306 Second Av'cnuc North Fax (406) 256-6891
Gillings, Nl'1' 59101
December 10, 2003
Mr. Arnie Brey
9123 Lipp Rd.
Billings, Mt. 59106
Dear Mr. Brcy:
At the December 91" meeting of the Yellowstone County Air pollution Control
Board, the Board revoked your open burning permit. During December, January, and
February, our agency's open burning regulations state that open burning can only be
conducted on lays of good ventilation. On December 8"', our agency received
complaints concerning your burning during the early morning hours; this was not a day of
good ventilation. Considering your desire to burn a large amount of old lumber over a
number of weeks, the Board believes there will be numerous days of poor ventilation
during this time. Burning during the winter months with snow on the ground is good
from a fire danger perspective, but it is not good From an air pollution perspective. Also,
the old hmtbcr tends to get wet which causes a large amount of smoke when first ignited.
The Board determined you could reapply for an open burning pennit for this material
aflcr March 1, 2004 when our regular burning permit season begins. The Board would
like you to look into other ways, such as, grinding the old lumber into sawdust, to dispose
of this large amount of old lumber.
You can appeal this decision to revoke your permit to the Board at our next
scheduled meeting on January 13, 2004. if you have any questions concerning this
matter, contact me at 256-6341.
Sincerely,
Russell Boschee
Director
cc: flomeNvood Lark VUlullicer Fire Department
ce: Laurel Vulullt[:cl' fire Deparlurent
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
3306 Second Avenue Nurlh
Billings, M'I' 59101
(406) 256-0841
Fax(406)256-6591
December 3, 2003
Mr. Rudy Groshelle
1524 Old highway 10
Laurel, Mt. 59044
Dear Mr. Groshclle:
The Laurel Fire Department reported to our office that your "recreational"
campfire was more like a large bonfire which burned until the early morning hours. They
also noted this old lumber used in the fire was actually trade waste from your contractor
business. This material needs to be taken to the Laurel Landfill for disposal. In the
future, my agency will investigate any "recreational" burning permit you request to
insure this does not happcu again.
l l'you have any questions, contact me at 256-684 L
Sincerely,
Russell Boschce
Director
cc: Mr. Gary Colley - LN.F.D. Fire Marshall