HomeMy WebLinkAboutAir Pollution Control (2) FEB 9 2004
AGENDA CITY OF LAUREL
Air Pollution Control February 10, 2004
3306 2nd Avenue North 7:30 P.M.
1. Call Meeting to order
2. Approve minutes of previous meeting
3. Activity Report
I. INDUSTRIAL COMPLIANCE
A. There was no Industrial Compliance done in January.
II. ADMINISTRATION
A. Budget - Discussion
B. Tirael~ne of January Correspondence - Discussion
~ C. Dratt- Allocation of Agency Activities - Discussion
D. Draft - Proposed Changes to YCAPC Program- Discussion
E. French's Sandblasting and Painting - Update
F. Cereal Food Processors, Wesffeeds, Peavey Co. - Update
G. Fox Distribution- Update
H. Board Material Distribution - Review
III. MEETINGS
A. Jim Kraft, Emergency and General Services - Open Burning
IV. AIR QUALITY
A. Open burning permits - 141 issued in January
B. Data Summary
DATA SUMMARY
A. PM-10 Data for January 2004:
PM-10
Lockwood Park
High 29 ug/m~
Low 13 ug/m~
Average 19 ug/m3
B. Continuous Data for December:
Sulfur Dioxide Carbon Monoxide
Bridal Shop Bridal Shop
High 1 hr .056 ppm High 1 hr 7.2 ppm
High 24 hr .008 ppm High 8 hr 3.9 ppm
Hourly Average .001 ppm
Sulfur Dioxide Carbon Monoxide
Mt. Olive Mt. Olive
High 1 hr .033 ppm High 1 hr. 5.9 ppm
High 24 hr .007 ppm High 8 hr. 4.1 ppm
Hourly Average .002 ppm
Sulfur Dioxide Sulfur Dioxide
Coburn Road Beartooth
High 1 hr .055 ppm High 1 hr .068 ppm
High 24 hr .022 ppm High 24 hr .006 ppm
Hourly Average .007 ppm Hourly Average .001 ppm
Respectfully submitted,
Russell Boschee
Director
Minutes of the Yellowstone County Air Pollution Control Board meeting held
January 13, 2004 at the Yellowstone County Air Pollution Office.
Members Present: Dr. Mark Waddington, Mr. Rich Schilf, Mr. Charles Brooks, Mr. John Oakes, Mr.
Mr. Wade Steinmetz, and Ms. Michelle Reed.
Other Present: Mr. Russell Boschee, and Mr. Stuart Hannah.
Chairman Waddington called the meeting to order at 7:30 p.m. Chairman Waddington asked Mr.
Boschee to add dates to the meetings he attended in the minutes of the December 9th meeting for
reference. Mr. Schilf corrected the minutes to say an email was received from Debra Wolfe and to
change from "legally binding" to "law" in the statement. Ms. Reed moved to accept the amended
minutes. Mr. Steinmetz seconded, and the motion passed unanimously.
In other business, Mr. Boschee informed the Board that Mr. Jack Johnson's term had expired on
12/31/03, and he did not reapply for the Board.
Concerning December's Industrial Compliance, Mr. Boschee discussed the crematorias at Laurel
East Veterinary Clinic and Cremation or Funeral Gallery saying both are new, state-of-the-art
incinerators. Although these incineratom produce very little particulate emissions, they are still
permittable sources under DEQ rules.
Concerning December's Administration, Mr. Boschee said at last night's Billings City Council
meeting that the City of Billings withheld second half funds until a new Interlocal Agreement is
reached. The Board discussed this latest decision by the Billings City Council as it relates to our
agency. Mr. Boschee noted he requested first half funding from the City of Billings and the City of
Laurel; he talked with Finance Director Turner about our agency's funding; Mr. Turner said it would
be discussed at the midyear Budget Review on February 5, 2004. The Board discussed the
agency's funding. Mr. Boschee discussed his State of the Agency memorandum. He explained his
views on agreements, accountability, partnership, and jurisdiction. He said the governing bodies
seem to want to be involved in the decisions made by the agency; he said the Board needs to
develop a partnership relationship with the new Oversight Board. Mr. Boschee noted that he is
working on the Proposed Changes to the YCAPC Program to return enforcement to the agency as
they relate to jurisdiction. Chairman Waddington asked what changes needed to be made to this
document since the DEQ has already approved them. Mr. Boschee said mostly just clearing up
some of the language. Ms. Reed suggested the Board limit changes until the new Interlocal
Agreement is done. The new Oversight Board should be involved in these discussions. Mr.
Brooks asked Ms. Reed how soon Mr. Kirkpatrick would complete the new agreement. Ms. Reed
said he is having problems with the new funding because of the tax rules and laws; she said the
new funding is complicated because the new tax levies must incorporated into the current tax
levies of the funding entities. Mr. Schilf asked about the Health Department funding. Ms, Reed
said there is a tax levy and a public health levy, but these funds are already allocated. Mr.
Boschee noted any changes incorporating this agency into the City-County Health Department
would need approval by the Board of Environmental Review. He discussed how this process
worked and the timeframe involved. The Board discussed the role of the Board of Environmental
Review in this process. He said these changes could be incorporated in the Proposed Changes to
the YCAPC Program, which the agency is currently revising.
Mr. Boschee explained his views on the three proposed Interlocal Agreements he presented to the
Board. He related these proposals to the Interlocal Agreement he drafted. He said his draft
agreement would allow local control with oversight bythe County Commissionem. Ms. Reed said
the Board should table any discussion until the drafted Interlocal Agreement from the City-County
Health Department is complete.
Mr. Boschee discussed his Compliance Inspection at Fox Distribution (formerly Fox Lumber)
saying he found them to be in violation of ARM 17-8-308(2). He recommended to the Board there
be a compliance action to clean up the trade waste on the east end of their property. The Board
discussed this Compliance Action. Mr. Schilf moved to direct Fox Distribution to clean up its trade
waste within 90 days of receiving the order. Mr. Oakes seconded, and the motion passed
unanimously. Mr. Boschee discussed the plans submitted by Cereal Food Processors, Westfeeds,
and Peavey Company to resolve the excessive dust emissions by applying the dust suppressant,
magnesium chloride. He noted Peavey Company would have its own application vehicle. The
Board discussed the use of the dust suppressant, magnesium chloride. Chairman Waddington
asked if this would be sufficient to alleviate the problem. Mr. Boschee said he thought it would be
sufficient; he said anytime our agency receives a compliant the agency could require the
companies to apply more suppressant, Chairman Waddington asked for a clarification as to
whether this was an enforcement action or a compliance action. The Board agreed it was a
compliance action. After further discussion, Mr. Schilf moved to accept the abatement plans from
Cereal Food Precessom, Wesffeeds, and Peavey Company to apply the dust suppressant,
magnesium chloride, by the end of April Ms. Reed seconded, and the motion passed
unanimously.
Mr. Boschee updated the Arnie Brey open burning permit saying he has not burned since the
Board revoked his permit. Mr. Boschee updated the Rudy Groshelle "recreational" open burning
permit saying his next application will be reviewed. Mr. Oakes asked if something stronger is
needed in this matter. Mr. Boschee said he marked on his permit file "DO NOT RENEW" which
should take care of the situation. He discussed the need for "recreational" open burning permits
and how they are issued.
Mr. Boschee said the odor complaint at the BLM facility on King Ave. E. was a gasoline spill in the
drainage ditch. The Billings Fire Department contained the spill, and they cleaned up the spill.
Mr. Boschee said the Doug Dreeszen dust complaint was from a hay grinder across the road; he
noted this was an ongoing problem. He said ARM 17.8.308 gives an exemption to the agricultural
processes, which this operation is, in his opinion, The Board discussed this agricultural exemption
to ARM 17.8.308.
Concerning December's Meeting, Mr. Boschee said he met with City Administrator Bauer on
December 4, 203 to discuss the Interlocal Agreement Meeting held on November 24, 2003. He
said he attended the December 16~h Laurel City Council meeting where he discussed funding with
the Council. Also, he met the new Laurel Mayor, Ken OIson.
Concerning December's Air Quality, Mr. Boschee said our agency issued 31 open burning permits
last month. Ms. Reed asked if the Board passed a motion to restrict open burning during the winter
months (December, January, February). Mr. Boschee said the subject was discussed, but there
was no action taken. The phrase "Days of Good Ventilation Only" was added to the permit, but any
ban on open burning would have to be approved by the Board of Environmental Review after public
hearings. He said the Board of County Commissioners would need to be consulted before any ban
is implemented. Ms. Reed asked why the burning permits expired on 11/30/03. Mr. Boschee said
that was according to the open burning regulation in the YCAPC Program. He said he would
discuss open burning at the next meeting as part of the Proposed Changes to the YCAPC
Program. Also, he discussed the potential for open burning permit fees and fines for violators of
permit conditions. The Board discussed the proposed changes to our open burning permit
program.
Chairman Waddington adjourned the meeting at 8:40 P.M.
ADOPTED 2003-2004 YCAPC BUDGET 9-16-03
(Seven months expenditures versus six months revenues)
(Provosed 2003-2004 Full Year)
Category Adovted 2003-2004 Proposed 2003-2004
Personnel
Director $ 29,560 $ 50,675
Environmental Specialist $ 20,899 $ 35,827
Secretary $ 5,463 $ 9,162
Overtime $ 0 $ 0
Benefits $ 14,052 $ 24,090
Termination Pay $ 0 $ 0
$ 69,974 $119,754
Caoital Outlay $ 0 $ 0
Ol~erafion and Maintenance
Office Rent $ 2,917 $ 5,000
Office Supplies $ 1,167 $ 2,000
Phone $ 1,458 $ 2,500
Power $ 1,167 $ 2,000
Lab & Other Supplies $ 875 $ 1,500
Travel $ 846 $ 1,450
Vehicle Expenses $ 583 $ 1,000
Membership Dues $ 88 $ 150
Software Maintenance $ 583 $ 1,000
$ 9,683 $ 16,600
TOTAL $ 79,657 $136,354
REVENUE BREAKDOWN:
StateofMontana $ 4,788 $ 9,576
EPA $ 27,132 $ 54,264
CityofBillings $ 20,000 $ 40,000
County of Yellowstone $ 12,000 $ 24,000
City of Laurel $ 1,334 $ 2,667
Health Insure.ncc Levy $ 900 $ 1,800
$ 66,154 $132,307
RESERVE: $ 13,503 $ 4,047
TOTAL $ 79,657 $136,354
Unfunded Liability - 4/30/03
1. Russell Boschee $15,860 $15,860
2. LauraBm-nes $ 1,071 $ 1,071
3. Stuart Hannah $ 503 $ 503
$17,434 $17,434
Estimated Reserves $56,445 $56,445
Use of Reserves $13,503 $ 4,047
Projected Reserves $42,942 $52,398
RE: DRAFT - ALLOCATION OF AGENCY ACTIVITIES 1/30/04
The allocation of our agency's activities to activities related to the City of
Billings, the City of Laurel, and Yellowstone is difficult. Many of our agency's activities
are considered general services; they relate to the administration of the agency. Some
activities, such as, the Proposed Changes to the YCAPC Program, the EMPACT Project
of several years ago, and the Carbon Monoxide Attainment Plan of a number of years
ago, cannot be assigned to a particular governing body. These projects require a great
deal of time over a number of years to bring to completion. Our agency spends time
interacting with the State of Montana Department of Environmental Quality on issues of
mutual interest. Our staff attends the semi-annual Visible Emission School, attends
meetings in Helena, and participates in training sessions. These general services change
from year to year, and its assignment to a particular governing body is equally divided
between the City of Billings and Yellowstone County.
Our Ambient Air Monitoring Program is one of our agency's main Programs.
Our agency operates six ambient air monitoring sites; five sites are in the City of Billings
(Bridal Shop, Mount Olive, Beartooth School); one site (Coburn Road) is in Yellowstone
County; none are in the City of Laurel. These air monitoring sites move around the area
to meet the current air quality concerns. For example, last year the Beartooth School
monitoring site was at Lower Cobum Road, which would have been a County site. Over
the years, the emphasis of the Air Monitoring Program has shifted to a community-based
monitoring of sulfur dioxide. This area has had a sulfur dioxide problem for a number of
years, but only recently has the monitoring reflected a community-based emphasis. In
the past, there was a possible violation emphasis. The citizens of the area wanted
monitors in their neighborhoods to determine exposure levels. There are two air
monitoring sites related to the Carbon Monoxide Maintenance Program in the Carbon
Monoxide Attainment Plan. Annually, our agency participates in the Network Review
with the Department of Environmental Quality to determine the emphasis and location of
our air monitoring efforts. This Air Monitoring Program changes from year to year, and
its assignment to a particular governing body is based on location in Yellowstone County.
Our Source Compliance Program is one of our agency's Programs. Our agency
is responsible for twenty sources in Yellowstone County; our agency is responsible for
yearly inspections, yearly emission inventories, and complaint management. Currently,
there are fourteen sources in Yellowstone County; five sources in the City of Billings;
and one source in the City of Laurel. Although it would appear this would be easy to
allocate a percentage to these activities; the number is consistently changing. This year
our agency was given an additional five sources by the Department of Evironmental
Quality; next year, it appears our agency may be given five more sources. Some of these
sources are portable sources; they move around the State of Montana from project to
project. Therefore, the number of sources under our agency changes from year to year,
and its assignment to a particular body is based on location in Yellowstone County.
Our Open Burning Permit Program is one of our agency's Programs. Our
agency issued over 2300 open burning permits last year, and this number has been
increasing by about 10 percent per year over the past several years. This is a
Yellowstone County program; our agency does not issue open burning permits in the City
of Billings or the City of Laurel, but our agency does refer some callers to their local Fire
Department for burning regulations inside their jurisdiction. This program is a County
program, but the number of permits changes from year to year.
Our Complaint Management Program is one of our agency's Programs. Our
agency responds to air quality complaints throughout the area. The number of complaints
involving the City of Billings, the City of Laurel, and Yellowstone County changes from
year to year. Last year, our major complaints were the North Park sandblasting
complaint (the City of Billings), Fox Distribution (the City of Laurel), and Empire Steel
Manufacturing (Yellowstone County). Also, our agency addressed a fugitive dust
problem concerning unpaved lots at several businesses on l~t Avenue South (the City of
Billings). The amount of time involved in each complaint varies, as does the number and
location of these complaints. Due to the dynamic nature of these cases, it is difficult to
assign a specific percentage of time attributed to each activity, but its assignment was
based on the four major complaints our agency was involved with this year.
To allocate a percentage of time spent on each activity that our agency is involved
in during a given year is rather subjective. To assign each activity to a particular
governing body is rather subjective. Because these activities are dynamic in nature and
are changing from year to year, it has been difficult to assign a specific percentage to
each governing body; these percentages may not be valid over time. Our agency's
activities benefit all the people of Yellowstone County directly or indirectly. It is the
purpose of this agency to prevent, abate, and control air pollution in Yellowstone County;
this is our agency's mission statement.
Allocation of Agency Aetivities~Estimated Time:
City of Billings Yellowstone Co. City of Laurel
General Services 7.5% 7.5%
Ambient Air Monitoring Program 42% 8%
Source Compliance Program 2.5% 7% 0.5%
Open Burning Permit Program 10%
Complaint Management Program 10% 2.5 % 2.5%
Total 62% 35% 3%
~na Department of
P.O. Box 200901 · tlelena, MT 59620-0901 · (406) 444-2544 · www.deq.statc.mt.us
January 8, 2003
Raynmnd French
Freach's Sandblasting and Painting Inc. CERTIFIED MAIL # 7003 1010 0000 9269 815,1
P.O. Box 1513 Return Receipt Requested
Billings, MT 59103
R.E: Enforccmeut Action for Air Quality Violations, 420 North 17rh and 320 North ilth Street,
Billings, Montana (FID 794)
Dear Mr. French:
The Department of Environmental Quality (Department) has received and reviewed your letter dated
December 15, 2003, concerning the air quality violations and penalty calculation underlying the
enfomement 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 11 ~1~ Street, Billings, Montana.
The original penalty was calculated in accordance with the penalty policy, based on the facts as the
Department's Enfomement Division (ENFD) understood them at the time. At tile time of the original
penalty calculation the Department was not aware that French's did not conduct any additional
sandblasting at 420 North 17t~ after Yellowstone County Air Pollution Control required a permanent
wood fence on the north side of the property. The fence and removal of fugitive sand were considered
reasonable precautions to prevent fugitive emissions in accordance with Administrative Rules of
Montana (ARM) 17.8.308(1). Because no operations took place after the requirement to install the
fence, the Department has decided In remove the violation at 420 North 17th from the penalty
calcnlation.
Under Section 75-2-413, Montana Code Annotated (MCA), violations of the Clean Air Act of Montana
are subject to a civil penalty of up to $10,000 per violation. Each day of each violation constitutes a
separate violation. ENFD has recalculated the penalty removing the violation at 420 North 17tl~ from the
calculation. The penalty of $2,000 for the violation that occurred at 320 North 11th Street, Billings,
Montana, remains the same.
In yonr letter, you indicated that French's may not be able to pay the penalty. The Department is willing
to take into consideration French's financial situation. The Department uses the EPA model ABLE to
evalnate the ability of C corporations, S corporations and partncrsbips to pay penalties. ABLE reqnires
three to five years of tax returns and attached schedules. ABLE calculates the amount o~'money ("cash
flow") a company can likely generate to pay a penalty. Cash flow, as used in ABLE, estimates total
income less all cash expenses, including taxes. ABLE compntes a finn's ability to pay a penalty
Raymond French
January 8, 2003
Page 2
payment on an alter-tax basis, h~ addition, the Department may be able to set up a payment schedule,
allowing French's to pay the penalty over a short timel'rame instead of as a single payment.
The Department is willing to resolve the matter with an Administrative Order on Consent, rather than
issue an Administrative Penalty Order. IfFrench's is willing to resolve the violations with an
Administrative Order on Consent, contact me within 15 days o I~ the date of this letter to express your
intent to pay the penalty, l£French's would like the Department to consider its ability to pay the
calculated penalty, please submit copies o£the last tlu:ee to five years of tax returns and attached
schedules within 30 days of the date of this letter. I£ settlement cannot be reached within 30 days, the
Department will proceed with issning a penalty order.
If you would like to discuss tlfis matter, please contact me at (406) 444-5328.
Sincerely,
Lawrence P. Alheim, Jr.
Envirorm~ental Enforcement Specialist
Enforcement Division
(406) 444-5328; Fax (406) 444-1923
email: lalheim(~state.mt.us
cc: David Rusoff, Legal
Vickie Wa[sh, AWMB
Russ Boschee, Yellowstone County Air Pollution Control, 3306 2nd Ave. N, Billings, MT 59101
Nancy McCullough, Yellowstone City County Plmming, 510 N. Broadway, Billings, MT 59101
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
(406) 256-6841
3306 Second Avenue North Fax (406) 256-6891
Billings, MT 59101
January 29, 2004
Mr. Al Steinberg, Plant Manager
Peavey Compaoy
3815 Ist Ave. South
Billings, Mt. 59101
Dear Mr. Stcmberg:
At the regularly scheduled YCAPC Board meeting held January 13, 2004, the
YCAPC Board approved your plan to apply the dust suppressant, magnesimn chloride, to
your roads and parkirig lot to control the fugitive dust emissions from your facility. The
YCAPC Board has given you uutil the end of April lo apply this suppressant. Please
notify me at tile YCAPC office when this project is complete, so 1 cau conduct an
inspection to ensure compliaucc.
lfyou have any questions ~oncerning this matter, contact me at 256-6841.
Sincerely,
Russell Boschec
Director
cc: ICd'istoffBauer, City Administrator
cc: Larry Alheim, DEQ Entbrccment Officer
cc: Roger Godfrey, DEQ Compliant Specialist
cc: (via email) YCAPC Board Members
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
(406) 256-6841
3306 Seconal Avenue North Fax (406) 256-6891
Billings, MT 59101
January 29, 200,4
Mr. Dave ttodgcs, Plant Manager
Cereal Food Processors
3601 Ist Ave. South
Billings, Mt. 59101.
Dear Mr. Hodges:
At the regularly scheduled YCAPC Board meeting held January 13, 2004, the
YCAPC Bnard approved your plan to apply the dust suppress;mt, magnesium chloride, to
your roads and parking lot to control the fi~gitive dust emissions from your facility. The
YCAPC Board has given you until the end of April Io apply this suppressant. Please
notify me at the YCAPC office when this project is complete, so I can cooduct an
inspection to ensure compliance.
I1' you have any questions concerning this matter, contact me at 256-6841.
Sincerely, ~
Russell Boschee
Director
cc: Kristofl'Baucr, City Administrator
cc: Larry Alheim, DEQ Enforcement Officer
cc: Roger Godfi'cy, DEQ Compliant Specialist
cc: (via email) YCAPC Board Members
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
(406) 256-654 I
3306 Second Avenue North Fax (406) 256-6891
Billings, MT .59 I01
January 29, 2004
Mr. Sieve Rogers, Plm~t Manager
Westfecds, Inc.
3801 Ist Ave. South
Billings, Mt. 59101
Dear Mr. P, ogcrs:
At the regularly scheduled YCAPC Board mectiag held Jannary 13, 2004, the
YCAPC Board approved your plan to apply the dust suppressant, magnesium chloride, to
your roads and parking lot to control the fugitive dust emissions from your facility. The
YCAPC Board has given you until the end of April to apply this suppressant. Please
notify me at the YCAPC office when this project is complete, so I can conduct an
inspection to ensure compliance.
If you have any questions concerning this matter, contact me at 256-6841.
Sincerely,
Russell Boschcc
Director
cc: KristoffBauer, City Adminislrator
cc: L~ry Alhcim, DEQ Enlbmement Officer
cc: Roger GodlYey, DEQ Compliant Specialist
cc: (via email) YCAPC Board Members
YELLOWSTONE COUNTY
AIR POLLUTION CONTROL
(406) 256-6841
3306 Second Avenue North Fax (406) 256-6891
Billings, MT 59101
January 30, 2004
Mr. Marc Kaufman
Plant Manager
Fox Distribution
203 Shatmon Rd.
Laurel, Mt. 59044
Dear Mr. Kaufman:
Administrative Rule of Montana (ARM) 17.8.308 (2) states "No person shall
cause or authorize the use of art street, road, or parking lot without taking reasonable
precautions to control emissions of airborne particulate matter". On December 17, 2003,
I conducted a Compliance Inspection at Fox Distribution, and I found Fox Distribution in
violation of ARM 17.8.308 (2). Therefore, I am instructing Fox Distribution to remove
the trade waste located on the east end of your property to comply with ARM 17.8.308.
Fox Distribution has ninety (90) from the above date to complete the project. Please
notify me at the YCAPC office when this project is complete, so I can conduct an
inspection to ~nsure compliance.
You can appeal this order to the YCAPC Board at our next scheduled meeting on
February 10, 2004. If you have any questions concerning this order, contact me at 256-
6841.
Sincerely,
Russell Boschee
Director
cc: Ken Olson, Mayor, City of Laurel
cc: Larry Alheim, DEQ Enforcement Division
cc: Roger Godfrey, DEQ Compliance Division
cc: (via email) YCAPC Board Members