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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Health & Safety Item: Ratification of Amendments to the Missoula City-County Air Pollution Control Program Date: 9-30-09 Prepared by: Jim Carlson, Director of Environmental Health Initiated by: Health Department & Air Pollution Control Board Action Required: For the Council to hold a public hearing and adopt a resolution to approve the amendments to the Missoula City-County Air Pollution Control Program. Recommended Motion: I move the City Council adopt the resolution (attached) adopting the amendments to the Missoula City- County Air Pollution Control program. Timeline: Referral to committee: 9-30-09 Committee discussion: As soon as scheduling allows Council acts to set hearing: As soon as scheduling allows Background and Alternatives Explored: The 24-hour National Ambient Air Quality Standards for PM2.5 (particulate matter with an aerodynamic diameter of 2.5 microns and smaller) was lowered by the United States Environmental Protection Agency from 65 ug/m3 to 35 ug/m3 on September 21, 2006. Ambient PM2.5 data collected in Missoula and through out the county have found winter season 24-hour PM2.5 concentrations over 35 ug/m3 and Missoula is very close to exceeding the 24-hour PM2.5 standard during the winter months; and was as close to the standard as possible without going over for the set of years of 2005,2006, 2007 with an average 24-hour PM2.5 level of 35. ug/m3 2 . Using rounding conventions 35.2 ug/m3 rounds down to 35 ug/m3 in whole numbers therefore was not a violation of the standard. In order to help insure that Missoula County does not violate the standard and become designated non-attainment, the Air Pollution Control Board directed the Department to draft regulations to protect the standard and the public health. According to the results of a recent Chemical Mass Balance study conducted in Missoula, over half of the wintertime PM2.5 emissions come from residential wood burning. The Department, working with the Air Pollution Advisory Council, drafted proposed changes to the regulations and held five open house meetings at Frenchtown, Seeley Lake, Clinton, Lolo, Missoula, in May and June of 2009. The Missoula City County Air Pollution Control Board held hearings concerning proposed amendments on June 18, July 20, August 20 and September 17, 2009 and approved and passed those revisions at a public meeting on September 17, 2009. (full copies of comments and response to comments are available on the web at: http://www.co.missoula.mt.us/airquality/CurrentIssues/RegulationChanges.html State Law directing the process for adoption of local air regulations is MCA 75-2-301 and rule 5.111 of the City-County Air Pollution Control Program further defines the rule change process. Financial Implications: Additional permitting and enforcement costs to the Air Program of the Health Department ---PAGE BREAK--- Additional permitting and device costs to the public. Attachments: 5 reg. change documents by section, 1 proposed City Council Resolution Resolution Chapter 2 Chapter 4 Chapter 6 Chapter 9 Chapter 14