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HomeMy WebLinkAboutAir Pollution Control BoardAGENDA 61TY OF LAUREL Air Pollution Control 3306 2nd Avenue North April 13, 2004 7:30 P.M. Call Meeting to order Approve minutes of previous meeting Activity Report I. INDUSTRIAL COMPLIANCE A. Billings Brick Il. ADMINISTRATION A. Budget- Discussion B. Online Open Burning Permits Renewals - Update C. Anonymous Wood Stove Complaint (593 Oasis Dr.) - Discussion D. Pacific Recycling Complaint (2/25/04) - Discussion E. Doug Dreeszen Hay Grinding Complaint - DEQ Response F. David ~'uhl Wood Stove Complaint ( 10002 Bison Rd.) - Discussion G. Pac/fic Kecycling Complaint (3/25/04) - Discussion H. HOME Indoor Odor Complaint (2908 2ad Ave. North) - Discussion I. Brace Kraft Open Burning Complaint (9212 Lipp Road) - Update J. Kudy Groshnlle Open Burning Permit-Review III. MEETINGS A. County Commissioners (3/1/04) - Agency Activities Report B. County Coramissioners (3/8/04) - Office Space Availability C. Data Processing (3/10/04) - Online Open Burning Permit Renewals D. County Commissioners (3/23/04) - Unsolicited Email IV. AIR QUALITY A. Open Burning Permits - 1130 permits issued in February B. Data Summary DATA SUMMARY A. PM-10 Data for March 2004: PM-10 Lockwood Park High 18 ug/m3 Low 6 ug/m3 Average 13 ng/m3 B. Continuous Data for February: Sulfur Dioxide Bridal Shop High 1 hr .016 ppm High 24 hr .007 ppm Hourly Average .002 ppm Carbon Monoxide Bridal Shop High 1 hr High 8 hr 4.5 ppm 3.0 ppm Sulfur Dioxide Mt. Olive High 1 hr .017 ppm High 24 hr .005 ppm Hourly Average .002 ppm Sulfur Dioxide Cobum Road Carbon Monoxide Mt. Olive High 1 hr. High 8 hr. 3.9 ppm 1.9 ppm Sulfur Dioxide Beartooth Respectfully submitted, Russell Boschee Director High 1 hr .053 ppm High 1 hr .037 ppm High 24 hr .014 ppm High 24 hr .005 ppm Hourly Average .005 ppm Hourly Average .001 ppm Minutes of the Yellowstone County Air Pollution Control Board meeting held March 9, 2004 at the Yellowstone County Air Pollution Office. Members Present: Dr. Mark Waddington, Mr. Charles Brooks, Mr. John Cakes, Mr. Wade Steinmetz, and Ms. Micheile Reed. Others Present: Mr. Russell Boschee, Mr. Stuart Hannah, and Mr. Arnie Brey Chairmen Waddington called the meeting to order at 7:40 p.m. Chairman Waddington introduced the guest, Arnie Brey. Mr. Boschee suggested moving the Board discussion of Arnie Brey's request for an open burning permit to the first order of business. Chairman Waddington agreed, and he requested that Mr. Boschee update the Board on Mr. Brey's request. Mr. Boschee said Mr. Brey applied and was granted an open burning permit last fall to burn some old lumber in two burning pits. After several complaints concerning his open burning, the Board revoked his permit, and they said he could reapply in March of 2004. Staff denied his 2004 open burning permit application on the grounds that the material represented trade waste removed from its original site, and staff said he could appeal this denial to the Board on March 9, 2004. Mr. Brey is here tonight to state his case for approval of his open burning permit application. Mr. Brey stated he could better control the fire by using water and by stopping his burn at noon than he did in December. He noted he needs to clean up this area before his new subdivision expansion can proceed. Ms. Reed asked where this trade waste originated. Mr. Brey said Fox Distribution in Laurel. Ms. Reed asked how long it would take to burn this material. Mr. Brey said about a month. Mr. Brooks said this material was prohibited material, and the permit should be denied. He recommended burying this material. Chairman Waddington asked why Mr. Brey didn't chip this material and take it to the landfill. Mr. Brey said it was too dry. Mr. Boschee noted Fox Distribution had just chipped their trade waste which contained old lumber. Mr. Boschee recommended spreading the chipped material on Mr. Brey's fields. Mr. Cakes disagreed with burying or spreading this waste due to the chemicals in the wood, and he recommended hauling the material to the Billings Landfill for proper disposal. The Board discussed the chemicals found in lumber. Mr. Brey said they truss ends, so they were not chemically treated. Mr. Brooks pointed out there are three options for disposal: (1) chipping and spreading the material, (2) burying the material, or (3) hauling the material to a landfill. Mr. Cakes moved that the YCAPC Board not reinstate Arnie Brey's open burning permit at the said location, 9123 Lipp Road. Mr. Brooks seconded, and the motion passed unanimously. Mr. Brey left the meeting, and the Board discussed the denial of this open burning permit as it relates to agency policy. Chairman Waddington returned to the Agenda, and he asked for approval of the minutes. Mr. Cakes asked for clarification on "draft" documents. Chairman Waddington said all pages were "drafts" in these documents. Mr. Cakes asked about French's Sandblasting and Painting's fugitive sand clean up. Mr. Boschee said he was ordered to clean up his fugitive sand which he did when he tore down his temporary structure. Mr. French said he was out-of-town most of the summer, and he completed the project as soon as possible. Therefore, his fine in this matter was rescinded by the DEQ. Mr. Cakes noted it was Rudy, not Rusty, Groshelle who burned in Laurel. Chairman Waddington asked dates be placed concerning the meetings, so the Board would know which meetings were being addressed. Chairman Waddington asked for clarification on sentence, "The Board discussed accounting of staff time to determine allocation of agency activities." After discussion, "allocation of" was stricken. Chairman Waddington asked that "purely" be removed and "in" be inserted in the sentence, "Chairman Waddington noted the percentages are purely coincidental that the percentage breakdown matches the previous population breakdown." Aisc, he asked that "previous population breakdown" be replaced by "1969 funding formula". Chairman Waddington asked that "by the DEQ" be added to the end of the sentence, "Mr. Boschee noted French's Sandblasting and Painting's fine at the 420 North 17th location was rescinded." Ms. Reed moved to approve amended February 10~h minutes, and Mr. Cakes seconded. The motion passed unanimously. Mr. Boschee asked if the January 13th minutes are ready for approval. Chairman Waddington asked that the January 13~h minutes continue to be tabled. He would like more detail in the first fifteen minutes. Mr. Boschee said he would post February 10~h minutes after corrections. Concerning February's Industrial Compliance, Mr. Boschee said the City of Billings Animal Shelter's pet crematory is brand new. It was operating at 1700 degrees F. during the inspection. They had just started operations, so Mr. Boschee went through the emission inventory reporting requirements. Concerning February's Administration, Mr. Boschee said the budget was in good shape. He discussed the Draft Agency Funding 3/1/04, and he said he presented this document to the County Commissioners on 3/1/04. This report discussed the 1969 funding formula currently in place. The County Commissioners made several suggestions, and the document was revised as Draft Agency Funding 3/4/04. The Commissioners said the Interlocal Agreement Committee would address the new funding formula for our agency. Chairman Waddington noted that Yellowstone County is paying most of the administrative costs at no charge to our agency. Ms. Reed asked about the cost savings of moving into the Courthouse. Mr. Boschee discussed the various cost savings involved. Mr. Brooks noted the County Commissioners are looking into space availability. Mr. Boschee noted our agency's lease at 3306 2® Ave. North expires on 6/30/04. At the March 1st County Commissioners meeting, the County Commissioners said Mr. Stewart Kirkpatrick's expenses should be paid by the YCAPC, and Mr. Boschee agreed our agency should pay his fee. The Board discussed this fee, and the Board tabled the discussion until a bill has been presented. Mr. Boschee noted the Doug Dreeszen hay grinding complaint has gone to the DEQ Enforcement Division for mediation. Mr. Boschee said, in his opinion, this is an agricultural practice exempt under ARM 17.8.308(5). The DEQ Enforcement Division believes this is a commercial operation; therefore, it is not exempt under ARM 17.8.308(5). Mr. Steinmetz described the hay grinding process. The Board discussed this complaint as it relates to agency policy. Mr. Boschee said he investigated a feedlot odor complaint on Mary Street in Billings Heights. He said he found no feedlot, but he did notice several ranchettes with horses in the area. He said these ranchettes are allowed by zoning in the area. The Board discussed this complaint as it relates to our agency's odor regulation. Mr. Boschee said he investigated a fugitive dust problem from a pasture on Yard Office Road near Laurel. He said the person is feeding horses in a pasture. Mr. Oakes said the area is zoned a rural tract, and he noted the horses are allowed under a grandfather clause. Mr. Oakes described the problem with fugitive dust in the area and presented pictures. Mr. Boschee noted these horses are raised for slaughter, and he said no grass was present in the enclosure. The Board discussed this complaint. Mr. Boschee suggested the Board members tour the site. Mr. Boschee said our agency has in the past viewed this as an acceptable agricultural practice; therefore, this situation is exempt under ARM 17.8.308(5). Mr. Steinmetz noted if they are raising these horses for slaughter, it is a horse feedlot. If it is a horse feedlot, they should be required to water the area as cattle feedlot are required. The Board tabled the discussion until more information concerning the complaint is received. Concerning Network Review, Mr. Boschee said the DEQ Monitoring Division would be discontinuing sulfur dioxide and carbon monoxide monitoring at Mount Olive. They will be moving the monitoring station to Huntley to begin nitrogen oxide monitoring. They plan to add ozone monitoring to the Huntley site in 2005. Mr. Boschee discussed ozone monitoring with the Board. Mr. Boschee said he requested a PM-10 monitoring site be established at the North Park School. He said he has been given tentative approval, and the site should be operational this summer. The Board discussed this PM-10 monitoring program. Mr. Boschee updated the Southside Abatement Plan including the letters authorizing the use of asphalt chips. He updated the Fox Distribution situation saying they have chipped all the trade waste, but they have not completely removed the sawdust. Mr. Boschee said he presented the Draft Allocation of Agency Activities Report at the February 23rd Billings City Council meeting and the March 1s~ Board of County Commissioners meeting. Mr. Boschee discussed the response to the Draft Allocation of Agency Activities Report. Mr. Boschee said our agency issued 206 open burning permits last month. He noted Commissioner Reno requested the open burning permit renewals to be available on-line. Mr. Boschee said he would be working with the Yellowstone County Data Processing Department concerning this on-line renewal process in the near future. Chairman Waddington adjourned the meeting at 9:05 P.M. OPEN BURNING PERMIT YELLOWSTONE COUNTY, MONTANA PERMIT NUMBER: 04-0~,~0554 BE ADVISED: Pursuant to MCA 7-33-2205, the county governing body requires written permits for all open burning within County jurisdiction and may establish fire seasons annually. Commissioners can suspend open burning when conditions warrant. Under the provision of MCA 50-63-103 YOU ARE LIABLE for any and all fire suppression costs and damages resulting from an escaped and/or uncontrollable fire. You are liable for your fires despite the fact you may been issued tllis permit. Under MCA 45-6-102, a person commits the offense of negligent arson if he purposely places the property of another in danger of damage or destruction and can be fined $500. Name: Address: Phone: Location of Burn: Vlaterials: Approved by: R.Boschee P.A. Cabrera Jl2900 Manhattan Drive,Billings, MT 59102 ]](406)652-1252 ]~2900 Manhattan Drive ]Ibranchesllumber for receational campfire after daylight hours llDate Issued: 3116/2004 ]lExpiration Date: 12/31/2004 Air Pollution Control - 3306 2nd Avenue North - (406) 256-6841 It is the responsibility of each permit holder to contact their local Fire Department, listed below, the City/County Dispatch Center (657-8200) or Laurel Dispatch Center (628-8737) on each day that burning is anticipated and provide the following information: a. Location of where burning will be conducted b. Material to be burned. c. Call when fire is done. This permit may be suspended or revoked at any time when conditions warrant, or when permit holder is in non- compliance with the Open Burning Policy. The Fire Marshall/Fire Chief has the authority to discontinue any open burn. I have read, understand, and agree to the requirements and provisions set forth in this permit and in the Yellowstone County Open Burning Regulations. This permit is not valid until signed. KEEP THIS COPY IN YOUR POSSESSION {while burning). APPLICANT'S SIGNATURE DATE Fire Departments Billings Blue Creek Broadview Custer Duck Creek Laurel 657-8200 248-0524 667-2278 856-4255 861-0137 628-8737 Haley Bench Homewood Park Huntley-Worden Lockwood Molt Shepherd 348-3000 656-2686 967-2111 252-1460 669-3174 373-5802 DO NOT LEAVE FIRE UNATTENDED OPEN BURNING DURING DAYLIGHT HOURS ONLY DAYS OF GOOD VENTILATION ONLY Open Burning Permits may be renewed online at the county website (www.co.yellowstone.mt.us). Choose Air Pollution on the Department list, then click on the link for Burning Permits. You will need your last permit number for online renewal. YELLOWSTONE COUNTY AIR I'OLLUT1ON Billings. MT .%9101 (,10(I) 256 ¢~g,11 I"ax (406) 256 1~,"1') I March 12, 2004 Mr. Tim Rogers 593 Oasis Dr. Billings, Nil. 59105 Mr. Rogcrs: Il has been reported (o this t~llice that smoke flora your wood/coal burning appliance is crcating a nuisance to at least one ol'your neighbors. Although burtfing ~vood/coal io stove is not illegal iii thc Cily of Billings, I have enclosed a l~amphlet wilh son'te ideas how to burn cleanly, plus thc Yellowstone Cotmty Air Pollution Control Regulation No. 003 on materials that are no! allowed to be burned. During my investigation, I noted that your slovel)ipe does not meet city code. The top of yom' stovepipe must be taller than your roofline by tht ce (_) fcet. You oecd to corrcct this irtatl, er as SOOll as possible; it represents a serious fire hazard. Your cooperation in (his matter will be apprecialed. Sincerely, Russell Boschee Director YELLOWSTONE COUNTY AIR POLLUTION CONTROL 3306 Second Avenue North Billings, MT 59101 (406) 256-6841 Fax (406) 256-6891 March 25, 2004 Manager Pacific Recycling 777 4th Ave. N. Billings, MT 59101 Dear Manager: It has been reported to our office by the Billings Fire Department that Pacific Recycling was possibly burning insulation from some wiring at your facility on February 25, 2004. The burning of insulation from wiring is prohibited in the City of Billings. I have included a list of prohibited material, which cannot be burned under any circumstances. Also, the Billings Fire Department report indicated this fire had been left unattended for several hours. In the future, any fire at your facility must be suppressed inunediately; it cmmot be allowed to smolder for hours. Any further incidents involving the burning of insulation fi'om wiring could result in a fine up to $1,000 per incident. If you have any questions concerning our agency's policy concerning this matter, contact our office at 256-6841. Russell Boschee Director Cc: Frank Odermann, Billings Fire Marshall Cc: KristoffBauer, Billings City Administrator Cc: Shirley McDermott, Billings City Councilwoman Cc: Peggie Gaghen, Billings City Councilwoman Cc: YCAPC Board Members Department of Judy H. Martz, Governor P.O. Box 200901 · Helena, MT 59620-0901 · (406) 444-2544 · www.deq.state.mt.us March 15, 2004 Buck Brown C&B Hay Grinding, Inc. 3239 Old Highway 10 West Laurel, MT 59044 CERTIFIED MAIL # 7003 1010 0000 9269 9359 Return Receipt Requested RE: Dust Complaint (CVID #7925) Dear Mr. Brown: The Enforcement Division (ENFD) of the Montana Department of Environmental Quality (Department) has received a complaint regarding dust from the hay grinding at Dan Swartz property in Ballantine, Montana. Mr. Deeszen stated that hay from the grinding blows onto his property, impacting his yard and sometimes his house. Bill Harbrecht of our Billings office observed hay dust on Mr. Deeszen's pl-operty which appeared to be from your grinding operation. The Administrative Rulek of Montana (ARM) 17.8.308(1) states, "No person shall cause or authorize the production, handling, transportation, or storage of any material unless reasonable precautions to control emissions of airborne particulate are taken." While ARM 17.8.308(5) has an exemption for dust due to agricultural operations, this exemption does not apply to the processing of agricultural products by a commercial business. On March 2, 2004, I spoke with you concerning the complaint. I explained that the Department has determined that as a commercial business grinding the hay, you must comply with ARM 17.8.308 and take reasonable precautions to control the dust during the grinding operation. Reasonable precautions may include: not grinding on windy days, grinding behind the hay rolls to prevent the dust from blowing offsite, moving the grinding operation, or hanging tarps or similar material to contain the particulate. It is the Department's policy to contact companies when we receive such complaints and to provide the information necessary to ensure one's awareness of the rules. By providing this information, the Department can assist companies in complying with the ARM. The Department has closed the complaint in our computerized enforcement database. Please note that the documentation remains in your file. I hope that future action will not be necessary, and that any violations to date are the result cfa lack of knowledge of the rules. Thank you for your cooperation and attention to this matter. Please call me at (406) 444-5328 if you have any questions. Sincerely, Lawrence P. Alheim, Jr. Environmental Enforcement Specialist Enforcement Division (406) 444-5328; Fax (406) 444-1923 email: lalheim~,state.mt.us cc: Bill Harbrecht, ENFD-Billmgs Doug Deeszen, 2481 S. 22"d Rd., Ballantine, MT 59006 Russell Boschee, Yellowstone County Air Pollution Agency, 3306 2~a Ave. N., Billings, MT 59101 Mard~30,2004 Lawrence Alheim Department of Enviromnental Quality PO box 200901 Helena, MT 59620 RE: Dust Complaint CVID 7925 Mr. Alheim: I received and read your letter dated March 15, 2004, regarding a dust complaint caused by my agricultural hay grinding operation. 1 dispute the allegations contained in your letter. ARM 17.8.308 applies to my mobile hay grinding operation iii that it protects it from complaints like this. 1 bare been in this busiuess for 26 years and serve over 350 clients in eastern Montana. This is the first time anyone bas ever complained about a dust problem with respect to my operation. I do take every reasonable In'ecaution, including heeding the discharge ou my grinders as well as not glinding dm%g unfavorable wind conditions. I take issue with the charge that I am the proximate cause of all the dust that is on the barn of the complainant. When tile operator of the feedlot in question feeds the hay every morning, the pile is disturbed aM ambient dust is discharged into the winds. This dust is going to land somewhere. This is not my problem. Also, wind blowing against the stack of ground hay obviously can cause dust to move from the stack. Once again, am I responsible for this? Dust is produced from the farmer driving on his dirt roads and alleys located in his feedlot. Therefore, it can't be said tlmt the dust in question is strictly hay dust. The dust produced from my grinding activity doesn't impact the complainant's house. As I understand it, this problem is about some dust that is on the barn of the complaining person. l am a custmn hay grinder. Farmera hire me to grind hay because they don't want to spend the tens of thousands of dollars to buy a grinder that most of them will only use for a few hours a year. Mine is strictly an agricultural operation. I understand if the farmer iii question owns his own grinder and produces dust, that this whole mess wouldn't be an issue. The reason for this is because tie is protected by ARM 17.8.308. Are you telling me that a farmer doesn't have the option to hire necessary work done on a custom basis? Here are the facts. Tile farmer iii question owns cattle that eat ground hay. Someone is going to grind the hay and produce dust. It doesn't matter whether the farmer produces the dust with his own grinder or whether lie hires a custom outfit to come in and grind hay and produce a little dust. Therefore, 1 feel my operation is protected under ARM 17.8.308 also. The funny thing about this situation is that I grind for this client about 6 or 7 times a year and each session lasts about 40 minutes. The feedlot in question has been iu business for decades. The complainant moved next door just recently. As is so often the case, the person who files the cmnplaint fails to recognize that living next to a farm can be a smclly arid often dusty environment. Why did they not take that into account before purchasing an adjoining property? If my client were to purchase his own grinder that would fit his operation, it would take him about 35 or 40 hours a year to grind the same amount of hay. Surely you can see that he would be putting a lot more dust into the air during the course of a year titan I do. My operation actually reduces the total possible emissions that could be produced from feeding and hay grinding operations all over the state. My grinders are big, powerfi~l machines that grind hay more efficiently than small machines designed for smaller feeding operations. I feel that I am unfairly and unlawl~ully being singled out. Is the state of Montana going to go after all custom farming operations that produce dust? These operations would include custom or fro'ruer-owned combiners, balers, manure spreaders aad so on. The dust produced from these farming activilies land on other people's properties. Why stop there? What about custom lawn and garden care, tree trimming and chipping, and so forth? I hope your agency fairly re-exmnines the facts of this case. I have sent copies of your letter aud this letter to the tbllowing people and ageucies: Senator Ed Butcher P.O Box 89 Winifred, MT 59499 Representa!ive John Witt 2555 Russell Road (,'otter, Mrr 59420 Representative Jim Pcterson K.R. 1, Box 2 Buffalo, MT 59418 Represeutative Diane Rice P.O. Box 216 llarrison, Mi' 55735-0216 Senator Walter McNutt 110 12th. Ave. S.W. Sidney, MT. 59270 Senator Robert Story Rt. 1 Park City, MT 59063 Steve Pitcher Executive VP Montana Stockgrowers Assn. 420 North Calitbrnia Street Helena, MT 59601 Yellowstone County Air Pollution Contrrol 3306 2'~d Ave. North Billings, MT 59101 Altn: Russell Boscl~ee Thank you, Chet Faust Owner, C and B Hay Grinding 3239 Old Highway 10 Laurel, MT 59044 406-628-8653 YELLOWSTONE COUNTY AIR POLLUTION CONTROL 3306 Second Avclme Not'Ih Billings, MT 59101 (406) 256-6841 Fax (406) 256-6891 April 8, 2004 Shirley McDermott Billings City Councilwo,nan 2110 10th Avenue North Billings, Mt. 59101 RE: Pacific Recycling Dear Councilwoman McDermott: On February 25, 2004, Pacific Recycling had a fire in their recycling area. The Billings Fire Department responded to this fire, and they extinguished the fire. Billings Fire Marshal Frank Oderlnann reported this lire to our agency because Pacific Recycling was possibly burning insulation from wiring. Burning insulation from wiring is a prohibited material according to our Open Burning Regulation. A letter was sent to Pacific Recycling indicating if insulation was being burnt from wiring it could result in a $1,000 fine per incident. I talked with Pacific Recycling Manager Gary Dickhaut concerning this fire; he indicated some lumber from a wooden wire spool had caught fire under some scrap metal. This fire was extinguished by the Billings Fire Department. In the future, I instructed him to suppress any fire at his facility as soon as possible. On March 25, 2004, you reported a fire at the Pacific Recycling facility to the County Commissioners. It was referred to our agency, and I investigated this complaint on 4/5/04. I was on vacation the week of March 29th. Pacific Recycling Manager Dickhaut indicated some grease caught on fire in their recycling area causing some dense smoke. Some scrap metal needs to be cut down into smaller pieces prior to shipment. Occasionally, the greasy grime covering this scrap metal catches on fire. Pacific Recycling extinguished this fire as soon as possible. These fires occur in most scrap metal recycling operations. No letter was written in this matter, but a Complaint Report was entered into our agency's Complaint Report Logbook. Sincerely, Russell Bosd~ee Director Cc: KristoffBauer, Billings City Administt'ator Cc: Board of County Commissioners Cc: YCAPC Board