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HomeMy WebLinkAboutAir Pollution Control Board (2)AGENDA MAY 1 0 20O4 CiTY OF LAUREL Air Pollution Control 3306 2nd Avenue North May 11, 2004 7:30 P.M. Call Meeting to order Approve minutes of previous meeting Activity Report I. INDUSTRIAL COMPLIANCE A. Coors Barley Processing Facility Il. ADMINISTRATION A. Budget- Preliminary FY 2004-2005 Budget - Discussion B. Billings Fire Department Open Burning Complaint (Steve Degenhar[) - Discussion C. Anonymous Odor Complaint (800 Minnesota) - Discussion D. Anonymous Fugitive Dust Complaint (PetroCoke) - Discussion E. Peavey Co., Westfeeds, Cereal Food Processors - Compliance Action Update F. Fox Distribution - Compliance Action Update G. C & B Hay Grinding letter--DEQ Enforcement Division Response II1, MEETINGS A. Department of Environmental Quality (4/9/04) - North Park PM-2.5 Monitor B. County Commissioners (4/12/04) - Dusty Road Complaint Policy C. Laurel Fire Department (4/14/04) - Open Burning Policy D. County Commissioners (4/27/04) - Online Open Burning Permit Renewals E. County Commissioners (5/3/04) - Open Burning Enforcement Policy IV. AIR QUALITY A. Open Burning Permits 387 permits issued in April B. Data Summary DATA SUMMARY A. PM-10 Data for April 2004: PM-10 Lockwood Park High Low Average 33 ug/m3 6 ug/m3 18 ug/m~ B. Continuous Data for March: Sulfur Dioxide Bridal Shop High 1 hr .039 ppm High 24 hr .007 ppm Hourly Average .001 ppm Carbon Monoxide Bridal Shop High 1 hr High 8 hr 2.5 ppm 1.7 ppm Sulfur Dioxide Mt. Olive High 1 hr .017 ppm High 24 hr ,004 ppm Hourly Average .001 ppm Sulfur Dioxide Cobum Road Carbon Monoxide Mt. Olive High 1 hr. High 8 hr. 2.5 ppm 1.8 ppm Sulfur Dioxide Beartooth Respectfully submitted, Director High 1 hr .090 ppm High I hr .081 ppm High 24 hr .021 ppm High 24 hr .009 ppm Hourly Average .004 ppm Hourly Average .001 ppm Minutes of the Yellowstone County Air Pollution Control Board meeting held April 13, 2004 at the Yellowstone County Air Pollution Office. Members Present: Dr. Mark Waddington, Mr. Rich Schilf, Mr. Charles Brooks, Mr. John Oakes, Mr. Wade Steinmetz, and Ms. Michelle Reed. Others Present: Mr. Russell Boschee, Mr. Stuart Hannah, and Mr. Nile Cabrera of the Yellowstone County Data Processing Department. Chairman Waddingten called the meeting to order at 7:40 p.m. Chairman Waddington introduced our guest, Nile Cabrera. Mr. Boschee suggested moving the Board discussion of our agency's Online Open Burning Permit Renewals to the first order of business. Mr. Cabrera demonstrated the new online renewal for burning permits. He explained and discussed the new procedure .: necessary to access the new system. He noted the new system is an Internet driven system; he noted the safeguards incorporated in the system. He demonstrated how the database could be edited, modified and reported. He said he built a safeguard into the system to ensure a revoked or suspended permit could not be renewed online. The Board discussed this new system with Mr. Cabrera, and they expressed the need to archive all data. Mr. Cabrera agreed, and he said he would incorporate this feature into the program. Mr. Cabrera suggested that the open burning permit data be tracked for each fire district through the GIS coding system that the GIS Department is implementing. The Board agreed this was a good idea. Mr. Boschee noted the new burning permit system is very versatile, and our agency can change the program to address our future needs as they arise. Mr. Schilf moved to accept and implement the new open burning permit program. Mr. Oakes seconded, and the motion passed unanimously. Mr. Boschee said he would prepare a Press Release concerning the new open burning permit renewal program, and he would start the process to implement the new program. The Board returned to the April 13th Agenda, and Chairman Waddington asked for approval of the January 13th Minutes. After discussion, Ms. Reed moved to accept the minutes as revised. Mr. Brooks seconded, and the motion passed unanimously. Chairman Waddington asked for approval th · of the March 9th Minutes. Mr. Brooks moved to accept the March 9 Minutes as written. Ms. Reed seconded, and the motion passed unanimously. Concerning March's Industrial Compliance, Mr. Boschee said he inspected Billings Brick and Masonry Supplies on Sugar Avenue. This source was formedy Rocky Mountain Concrete Products, Inc. He noted they have installed a new cyclone on their drying kiln, and he said very little fugitive emissions were being released from their cyclone or baghouse. Chairman Waddington asked about the Western Sugar improvements he read about in the Billings Gazette. Mr. Boschee said they upgraded their operations to reduce emissions. Chairman Waddington noted the employees at Energy Laboratories, Inc. have noted a significant decrease in emissions over the past year and a half. He said there are less respiratory complaints than in past years. He noted a large amount of dust is coming off their unpaved lots near the railroad tracks on the east end of their property. The Board discussed the fugitive dust problems at Western Sugar. The Board discussed the article in the Billings Gazette as it related to the reduced emissions. Concerning March's Administration, Chairman Waddington noted Mr. Boschee said the new Intedocal Agreement had been released. Chairman Waddington asked Ms. Reed to give an overview of the new Interlocal Agreement, which she distributed to the Board Members. Ms. Reed said all the parties have agreed in concept, and it has been sent to the Laurel Attorney for review. She gave a brief overview of Articles I & I1. She said the Board of Health will become the Air Pollution Control Board, and the Board of Health will administer the Program. She discussed the new funding formula as it applies to our agency. She said the parties must schedule two public hearings each, and she noted these meetings are being scheduled in May. She said this Program is scheduled to be heard before the Board of Environmental Review on June 4, 2004. She said our agency would move into the County Courthouse on July 1, 2004. Chairman Waddington asked about the clause which dealt with lack of funding. Ms. Reed said all parties have a one-year option to withdraw from the agreement. Chairman Waddington asked about the continuity of the agency, and the Board's desire to retain staff. Ms. Reed said our agency's staff would be retained with a one-year assessment of staffing needs. Ms. Reed said agency staff will be classified on the City- County Health Classification System, and they will be placed on the City-County Health Department Compensation Matrix. Ms. Reed asked Mr. Boschee for current job classifications; Mr. Boschee said he would get her the job descriptions recently completed for the Yellowstone County Human Resources Department. Mr. Boschee said he would prepare a Budget for FY2004-2005 with our agency moving into the Courthouse, and he would submit it to Finance Director Turner. He said he would prepare a preliminary Budget for the next Board Meeting. Mr. Schilf asked what actions needed to be taken by the Board at this time. Chairman Waddington said no action is needed until the new Interlocal Agreement is formally adopted. Mr. Oakes asked if this agency will still be called the Air Pollution Control. Ms. Reed said our agency will still be called the Air Pollution -' Control. Chairman Waddington noted our agency will have the same tasks, just a different administration. The Board discussed this new Interlocal Agreement, and they tabled discussion until a future date when all the Board Members can have time to review the Interlocal Agreement. Mr. Boschee said he has talked with the Board in the past about fining people for violations of the Open Burning Regulation. He has proposed a $100 fine for the following violations: (1) burning without a permit, (2) leaving the fire unattended, (3) burning after daylight hours, and (4) burning prohibited material. Mr. Boschee said he has discussed with several Fire Departments fining people who violate the terms of their permit. He said he would put a discussion of the possible enforcement actions concerning open burning on the Commissioner's Agenda to see what their thoughts are on these proposed fines. The Board discussed our agency's enforcement policies. Mr. Boschee said he felt our agency should meet with the County Commissioners to see if they support this enforcement policy. Mr. Schilf asked to be excused from the meeting. Before he left, he shared his views on the C and B Hay Grinding letter. He said he felt it was a commercial operation, but they were taking reasonable precautions to alleviate the dust problem. He agreed with the views expressed in the Chat Faust letter. He thought our agency should concentrate on the opacity measurements involved in the hay grinding. Concerning the wood stove complaint at 593 Oasis Drive, Mr. Boschee discussed the letter sent to Mr. Rogers to correct this stovepipe height. Mr. Boschee explained our agency's policy concerning these minor wood stove complaints. Mr. Boschee noted the first Pacific Recycling Complaint on 2/25/04 was concerning burning insulation from wiring. He noted that burning insulation of wiring is a prohibited material, and he said this practice has not been tolerated by our agency for many years. Therefore, Mr. Boschee included the threat of a fine of $1,000 to discourage any possible burning of this insulation from wiring in the future. Mr. Boschee noted the DEQ Enforcement Division letter to C and B Hay Grinding indicating they were a commercial operation; therefore, C and B Hay Grinding was not exempt under ARM 17.8.308 (5). Mr. Boschee noted the letter from Mr. Chet Faust of C and B Hay Grinding to DEQ Enforcement Division indicating he is providing a service to his clients. Mr. Oakes said he thought in order to be considered commercial he would have to move the hay or change its nature significantly. The Board discussed the Doug Dreeszen Hay Grinding Complaint. Mr. Boschee said he believes C and B Hay Grinding is providing a service; therefore, he believes they are exempt as an agricultural activity under ARM 17.8.308 (5). Mr. Steinmetz noted the agricultural community statewide is upset over Mr. Alheim's DEQ Enforcement Division letter. He noted changes to this rule will be offered during the 2005 Montana Legislature. The Board discussed other agricultural activities similar to this hay grinding and what activities are considered commercial. Mr. Boschee explained the situation concerning the Juhl Wood Stove Complaint saying Mr. Juhl lives on a ridge above Mr. Affieck's residence. Mr. Affieck has a legal right to use a wood stove, and he is complying with all state and local regulations. This type of complaint between neighbors is commonly addressed by our agency. Mr. Boschee said Pacific Recycling had a grease fire on 3/25/04 which was reported to our agency by the Board of County Commissioners. He noted these small fires are common in salvage operations, and Pacific Recycling extinguished the fire immediately. Mr. Oakes asked if they have a fire suppression equipment. Mr. Boschee said to the best of his knowledge they have fire extinguishers in the area. Mr. Boschee said he investigated a sewer gas odor problem in the Home Owners Mortgage Equity (HOME) Office at 2908 2nd Avenue North. He noted several local governmental agencies are looking into the problem, and they recommended several ways to address the problem. Chairman Waddington asked who reported this complaint. Mr. Boschee said this complaint was referred to our office by the City Administrator's Office. The Board discussed this complaint, and they discussed several ways to address this problem. Mr. Hannah discussed the Bruce Kraft Open Burning Complaint he investigated. He said the Laurel Fire Department was called to Mr. Kraft's residence at 9212 Lipp Road. They found railroad ties burning in a gully. Mr. Hannah said Mr. Kraft had no current permit, and he was burning a prohibited material after daylight hours. Mr. Boschee noted Mr. Kreft's Open Burning Permit has been suspended. Mr. Boschee noted Mr. Rudy Groshelle applied for a new Open Burning Permit. Mr. Boschee said his wife was told his permit is suspended until he meets with the YCAPC Board to discuss his "recreational" campfire. Concerning March's meetings, Mr. Boschee said he met with the County Commissioners on 3tl/04 to discuss the Agency Activities Report. On 3/8/04, Mr. Boschee met with the County Commissioners to discuss office space availability. The County Commissioners asked Mr. Greg Erpenbach, Building Superintendent, to look into availability of space for our agency. On 3/10/04, Mr. Boschee met with the Data Processing Department to discuss Online Open Burning Permit Renewals; the new program from this meeting was discussed earlier in our meeting. Mr. Boschee said he met with the County Commissioners on 3/23/04 for a discussion of unsolicited email with the Data Processing Department. Concerning Air Quality, Mr. Boschee noted our agency issued 1,130 permits in March. He said he thought people are getting their permits early so they can complete their burning before the open burning ban later this summer. Mr. Steinmetz moved to adjourn the meeting. Mr. Brooks seconded, and the motion passed unanimously. Chairman Waddington adjourned the meeting at 9:15 PM. AIR POLLUTION CONTROL BUDGET Category Personnel Director Environmental Specialist Secretary Overtime Benefits Termination Pay Capital Outlay Operation and Maintenance Office Rent Office Supplies Phone Power Lab & Other Supplies Travel Vehicle Expenses Membership Dues Software Maintenance TOTAL REVENUE BREAKDOWN: State of Montana EPA City of Billings County of Yellowstone City of Laurel Health Insurance Levy RESERVE: TOTAL Unfunded Liability - 4/30/04 1. Russell Boschee 2. Laura Barnes 3. Stuart Hannah Estimated Reserves Use of Reserves Projected Reserves Proposed 2004-2005 $ 54,675 $ 35,827 $ 9,162 $ 0 $ 24,090 $ 0 $123,754 $ 2,000 $ 1,350 $ 2,500 $ 1,500 $ 2,500 $ 1,500 $ 1,500 $ 1,500 $ 150 $ 2,000 $ 14,500 $140,254 $ 9,576 $ 54,264 $ 46,261 $ 26,115 $ 2,238 $ 1,800 $140,254 $ $140,254 15,773 1,026 1,873 18,672 $ 52,398 $ 0 $ 52,398 na Department of blVIROI IMF_i IkL Q UflJ ITY Judy H. Martz, Governor P.O. Box 200901 · Helena, MT 59620-0901 · (406) 444-2544 · www.deq.state.mt,u$ May 3, 2004 Chet Faust C&B Hay Grinding, Inc. 3239 Old Highway 10 West Laurel, MT 59044 RE: Dust Complaint (CVID//7925) Dear Mr. Faust: The Enforcement Division of the Montana Department o f Environmental Quality (Department) has reviewed your Maroh 30, 2004, letter regarding dust from the bay grinding at the Dan Swartz property in Ballantine, Montana. In the letter you state that you believe ARM 17.8.308 applies to your mobile hay grinding operation and protects it from co~nplaints. You also indicate that you take reasonable precautions to control dust such as hooding the discharge on the grinders as well as not grinding duriug windy conditions. In addition, you assert that not all the dust impacting the complainant is from your operation aud point out that road dust and fugitive emissions from the hay pile may also be impacting the complainant. Lastly you feel that you are unfairly and unlawfully being singled out and question whether the state of Montana is "going to go after" all custmn fainting operations as well as custom lawn and garden care, tree trimming and chipping and so forth. ARM 17.8.308(5) states: "This exemption does not apply to the processing of agricultural products by a commercial business." Clearly, your hay-griuding business is not exempt from the requirement to take reasonable precautions to control dust. This requirement applies to a variety of commercial, agricultural facilities including feedlots and grain elevators as well as other non-exempted sources. The Department realizes that in many instances non-commercial agricultural activities produce nmch more dust, noise and odors than commercial operations. However, many laws and rules are written in a manner that protects farmers and ranchers from regulations and places a compliance burden on commercial activities. The Department prefers to work with responsible parties to ensure they understand the rules and to recommend appropriate reasouable precautions. The dilemma is that reasonable precautions are not defined aud what may work in one situafiou may not work in auother, and some complainants may never be satisfied. My March 15, 2004, letter outlined the complaint and the applicable rules and suggested specific reasonable precautions to control dast. Based on your letter it appears that you are taking some reasonable precautions. The Department's letter did not imply that your grinding operation was the only source of dust in thc area but tbe hay dust on Mr. Deeszen's property appeared to be fi'om yottr grinding operation. Mr. Chet Faust May 3, 2004 Page 2 It cannot be concluded you are being singled-out. From January 2002 to April 2004, the Depm'tment received 135 dust complaints. Of these, 45 were for construction activities, 39 concerned dusty roads, 37 were about industrial sources, 12 were related to agricultural soumes and 2 were for miscellaneous sources. Of the 12 from agricultural sources, a letter that recommended reasonable precautions to control dust was sent to tlu:ee grain elevators, tltree lawn care companies, two feedlots and your company. Two other groin elevator complaints were forwarded to the US Department of AgricuI}~re for investigation and resolution. The one remaining complaint was determined to fall under the ARM 17.8.308(5) exemption and was closed. The purpose of the Department's March 15, 2004 letter was to inform you of the complaint and to provide the information necessary to ensure your awareness of the roles. By providing this information, the Department can assist you in complying with the role. The Enforcement Division closed the complaint in our database on March 16, 2004, and assumes the situation is resolved. I hope this clarifies the Department's intent and its interpretation and application of the role. If you have any questions or I can be of further assistance, please contact me at (406) 444-5328 Sincerely, Lawrence P. Alheim, Jr. Environmental Enforcement Specialist Enl?orcement Division (406) 444-5328; Fax (406) 444-1923 email: lalheim~state.mt.us CCi Bill Ifarbrecht, ENFD-Billings Russell Boschee, Yellowstone County Air Pollution Agency, 3306 2nd Ave. N., Billings, MT 59101 Senator Ed Butcher, P.O. Box 89, Winifred, IvlT, 59489 Representative John Witt, 2555 Russell Road, Carter, MT 59420 Representative Jim Peterson, R.R. 1, Box 2, Buffalo, MT 59418 Representative Diane Rice, P.O. Box 216, Ifatrison, MT 59735 Senator Robert Story, Rt 1, Park City, MT 59063 Senator Walter McNutt, 110 12a' Ave. SW., Sidney MT 59270 Steve Pitcher, Montana Stockgrowers Association, 420 N. California St., Ilelena, MT 59601