Bill would exempt projects from state air-quality review

HELENA – A state lawmaker wants to exempt air-quality permits from review under state's environmental law in an effort to make it easier for energy plants and other large projects to get up and running.

Senate Bill 440, sponsored by Sen. Kelly Gebhardt, R-Roundup, states the federal Clean Air Act provides an adequate environmental impact analysis of potential building projects, making reviews under the Montana Environmental Policy Act unnecessary.

Gebhardt said today that the bill would help attract businesses to Montana and remove a redundancy in the permitting system. He also said the public will still have a voice in potential projects.

“I think we can still protect the opportunity of the public to be notified,” Gebhardt told the Senate Natural Resources Committee.

Supporters for the bill said it would help create desperately needed jobs in Montana.

“This bill doesn't take away the public’s right to be heard,” said Don Allen of the Western Environmental Trade Association, a natural-resource industry group. “It simply is geared to go forward in terms of trying to make things work better without being encumbered by things that shouldn't be there to start with.”

Candace Payne, a lobbyist for Southern Montana Electric Generation & Transmission Cooperative, Inc. said the bill would help her organization pursue its power-plant projects by removing undue state regulations.

The co-op recently blamed the regulatory process and lawsuits for its decision to shelve plans to build a controversial coal-fired power plant near Great Falls. The co-op hopes to build a smaller, cleaner natural-gas plant instead.

Payne said federal law is sufficient to protect public health and safety and that removing MEPA provisions would protect Montanans' right to use and enjoy private property.

But many SB 440 opponents said they spoke against the bill in response to the SME's proposed coal-fired electrical generating plant near Great Falls. They said they only fully understood the implications of the then-proposed coal-fired plant because of MEPA environmental impact analysis.

Jaybe Floyd, who lives outside of Great Falls, said MEPA helped her understand the implications the project might have had on her asthmatic son.

“Projects like this are beyond huge,” Floyd said. “They are outside the scope of understanding of most of us.” She said the current permitting process may be lengthy, but it ensures the public has an understanding and a voice about power plants built near their land.

Other opponents said the federal Clean Air Act does not account for home devaluation, dust, noise, heavy equipment on rural roads, seismic activity or emergency services.

Anne Hedges of the Montana Environmental Information Center said the MEPA environmental impact surveys are good for the companies as well as the public, because companies are often unaware of some neighbor concerns and are willing to address them.

Sarah Cobler of Montana Conservation Voters said removing MEPA provisions could cause a general public rejection of big projects in the state.

“I worry that, without the MEPA process which allows citizens to participate, there might be a push back from the citizenry,” Cobler said.

-by CNS correspondent Molly Priddy