Title 75, Title 75

Section 75-1-201 does not affect the specific statutory obligations of any agency of the state to: (1) comply with criteria or standards of environmental quality established in Montana law; or (2) coordinate or consult with any local government, other state agency, or federal age…

Nothing in this chapter expands or diminishes private property protection afforded in the U.S. or Montana constitutions.

(1) (a) The purpose of requiring an environmental assessment or an environmental impact statement under part 2 of this chapter is to assist the legislature in determining whether environmental regulations are adequate to address impacts to Montana's environment and to inform the …

(1) There is an environmental rehabilitation and response account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited in the account: (a) fine and penalty money received pursuant to 75-10-1223, 82-4-311, and 82-4-424 and other funds or contribu…

(1) There is an environmental contingency account within the state special revenue fund established in 17-2-102. The environmental contingency account is controlled by the governor. (2) At the beginning of each biennium, $175,000 must be allocated to the environmental contingency…

(1) In an action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Titles 75 or 82 or activities taken pursuant to a license or permit issued under Titles 75 or 82, the plai…

The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when reviewing water or sewer system plans or specifications under this part.

(1) The legislature authorizes and directs that, to the fullest extent possible: (a) under this part, all agencies of the state, except the legislature and except as provided in subsection (3), shall: (i) use a systematic, interdisciplinary approach that will ensure: (A) the inte…

Each agency of state government charged with the responsibility of issuing a lease, permit, contract, license, or certificate under any provision of state law may adopt rules prescribing fees that must be paid by a person, corporation, partnership, firm, association, or other pri…

(1) In prescribing fees to be assessed against applicants for a lease, permit, contract, license, or certificate as specified in 75-1-202, an agency may adopt a fee schedule that may be adjusted depending upon the size and complexity of the proposed project. A fee may not be asse…

In adopting rules prescribing fees as authorized by this part, an agency shall comply with the provisions of the Montana Administrative Procedure Act.

(1) A person who applies to a state agency for a permit, license, or other authorization that the agency determines requires preparation of an environmental impact statement is responsible for paying: (a) the agency's costs of preparing the environmental impact statement and cond…

In cases where a combined facility proposed by an applicant requires action by more than one agency or multiple applications for the same facility, the governor shall designate a lead agency to collect one fee pursuant to this part, to coordinate the preparation of information re…

(1) Except as provided in subsection (2), a fee as prescribed by this part may not be assessed against any person, corporation, partnership, firm, association, or other private entity filing an application for a certificate under the provisions of the Montana Major Facility Sitin…

(1) (a) Except as provided in 75-1-205(4) and subsection (1)(b) of this section, an agency shall comply with this section when completing any environmental review required under this part. (b) To the extent that the requirements of this section are inconsistent with federal requi…

(1) (a) A state agency as defined in 2-4-102 shall identify actions that meet the definition of a categorical exclusion as provided in 75-1-220. (b) A state action identified by a state agency as a categorical exclusion is exempt from the provisions of Title 75, chapter 1, parts …

State agencies as defined in 2-4-102 shall track the number and use of categorical exclusions and make those available upon request of the environmental quality council established in 5-16-101.

(1) Except as provided in 75-1-201(3), a state agency, when conducting an environmental review in accordance with parts 1 through 3: (a) may conduct a greenhouse gas assessment in accordance with 75-1-201 for a proposed action if the agency determines the assessment is necessary …

For the purposes of this part, the following definitions apply: (1) "Alternatives analysis" means an evaluation of different parameters, mitigation measures, or control measures that would accomplish the same objectives as those included in the proposed action by the applicant. F…

In this part "council" means the environmental quality council provided for in 5-16-101.

The council may determine the time and place of its meetings but shall meet at least once each quarter. Each member of the council is entitled to receive compensation and expenses as provided in 5-2-302. Members who are full-time salaried officers or employees of this state may n…

The council shall have the authority to investigate, examine, and inspect all records, books, and files of any department, agency, commission, board, or institution of the state of Montana.

In the discharge of its duties, the council may hold hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause depositions of witnesses to be taken in the manner prescribe…

In exercising its powers, functions, and duties under parts 1 through 3, the council shall: (1) consult with such representatives of science, industry, agriculture, labor, conservation organizations, educational institutions, local governments, and other groups as it deems advisa…

The legislative services division shall provide sufficient and appropriate support to the environmental quality council in order that it may carry out its statutory duties, within the limitations of legislative appropriations. The environmental quality council staff is a principa…

The environmental quality council shall: (1) gather timely and authoritative information concerning the conditions and trends in the quality of the environment, both current and prospective, analyze and interpret the information for the purpose of determining whether the conditio…

Parts 1 through 4 of this chapter are known and may be cited as the "Clean Air Act of Montana".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Clean Air Act of Montana. It is the legislature's intent that the requirements of parts 1 through 4 of this chapter provide adeq…

Unless the context requires otherwise, in this chapter the following definitions apply: (1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination of those air contaminants. (2) "Air pollutants" means one or …

(1) This chapter may not be construed to: (a) grant to the board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops; (b) affect the relations between employers and employees with respect to or a…

(1) Records or other information concerning air pollutant sources that are furnished to or obtained by the department are a matter of public record and open to public use. However, any information unique to the owner or operator of an air pollutant source that would, if disclosed…

(1) The department shall establish a small business stationary source technical and environmental compliance assistance program. (2) The program shall: (a) provide information to small business stationary sources on compliance methods and technologies, pollution prevention, and a…

(1) Upon petition, the department may designate a source to be a small business stationary source for purposes of receiving assistance from the small business stationary source technical and environmental compliance assistance program if the stationary source does not emit more t…

(1) The department shall establish a small business stationary source representative position that is not located in a regulatory program of the department and not subject to direct supervision by a regulatory program of the department. (2) The small business stationary source re…

The board shall: (1) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to a…

(1) The department is responsible for the administration of this chapter. (2) Subject to the provisions of 75-2-207, the department shall: (a) adopt, amend, and repeal rules for the administration, implementation, and enforcement of this chapter and for fulfilling the requirement…

The department is not required to perform an analysis of greenhouse gas emissions beyond the state's borders under the provisions of Title 75, chapters 1, parts 1 and 2, from any source not subject to state enforcement pursuant to 42 U.S.C. 7543(a) for a new motor vehicle or a ne…

(1) The department may classify air contaminant sources that in its judgment may cause or contribute to air pollution according to levels and types of emissions and other characteristics that relate to air pollution and may require reporting for any such class or classes. The cla…

(1) The department shall establish ambient air quality standards for the state. (2) Ambient air quality standards for fluorides must be established through limitations upon the concentration of fluorides in forage grasses, hay, and silage.

(1) Subject to subsection (2), the department may establish the limitations of the levels, concentrations, or quantities of emissions of various pollutants from any source necessary to prevent, abate, or control air pollution. Except as otherwise provided in or pursuant to this s…

The department may by rule prohibit the construction, installation, alteration, operation, or use of a machine, equipment, device, or facility that it finds may directly or indirectly cause or contribute to air pollution or that is intended primarily to prevent or control the emi…

(1) To the extent that funds are available, the department shall conduct an ongoing study in areas of Montana where there are major industrial sources of sulfur dioxide. The study must concentrate on the effects on human health and the environment of ambient sulfur dioxide concen…

(1) Except as provided in subsection (2), the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal…

(1) The department shall by rule provide for the issuance, modification, suspension, revocation, and renewal of a permit issued under this part. (2) (a) Except as provided in 75-1-208(4)(b), 75-2-234, and subsections (2)(b) and (2)(c) of this section, not later than 180 days befo…

(1) A person who owns or is in control of a plant, building, structure, process, or equipment may apply to the department for an exemption or partial exemption from rules governing the quality, nature, duration, or extent of emissions of air pollutants. The application must be ac…

(1) (a) When the department approves or denies the application for a permit under 75-2-211 for an energy development project, the applicant or a person who has provided the department with formal comments and who is directly and adversely affected by the department's decision may…