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Contact Information:

Air and Waste Management Bureau
P.O. Box 200901
Helena, MT 59620-0901

(406) 444-0285

Or view the Department's
Website

Relevant State
Sites:

Montana Public Service Commission

Montana Air Emissions Regulations

Major Utilities:

Northwestern Energy

Flathead Electric Cooperative

Select Another State

Specific Issues:

EMISSIONS REGULATIONS

GUIDE TO FEDERAL REGULATIONS

STATE ENVIRONMENTAL REGULATIONS

SITING REGULATIONS

EXIT FEES

STANDBY RATES

BUILDING, ZONING
AND FIRE CODES


AMMONIA ISSUES

REPORTING REQUIREMENTS

ECONOMIC INCENTIVES

MONTANA

Air Emissions Regulations | Siting Regulations | Regulatory Codes | Utility Standby Rates | Interconnection Requirements |

AIR EMISSIONS REGULATIONS:

Air Quality Status 10 areas are in moderate nonattainment for PM-10, 2 for SO2, 1 for PM 2.5, and 1 for lead
EPA's Nonattainment Areas
Major Source Threshold 250 tons of any criteria pollutant in attainment areas. 100 tons in nonattainment areas.
Minor Source Permitting Exemption PTE less than 25 tpy
Minor Source Treatment State BACT
Emergency Generating Limits PTE based on 500 hrs/year

DE MINIMIS EXEMPTIONS:

A source will be exempted if its potential to emit is less than 25 tons per year. No state notification is required for exempted sources, but it is recommended.

MINOR SOURCE PERMITTING:

Sources at a new site that have a potential to emit more than 25 tons per year of any criteria pollutant and new sources at existing sites with a potential to emit more than 15 tons per year will have to complete a state level BACT analysis. The BACT analysis must include a listing of all technologically feasible control options. Control costs (cost per ton of air pollutant controlled) should be calculated for each option. Options may then be eliminated for economic, energy or environmental reasons. The control option that is selected should have controls or control costs similar to other recently permitted similar sources and should be capable of achieving appropriate emission standards. These requirements are the same for both attainment and nonattainment areas, however it is strongly recommended that applicants contact the permitting agency as there are a variety of additional conditions that may apply depending on the type of source. The analysis uses the same procedure as federal BACT, however the cost threshold is much lower. Officials were not willing to estimate what the cost threshold might be. Recently a project with a potential to emit 30 tons per year was not required to install emission controls.

The state is required to issue a preliminary determination within 40 days of an application being submitted. This is followed by a 15-day public comment period. A decision must be made within 60 days, which is followed by a 15-day appeal period. If an appeal is filed, the permitting process will take longer than 75 days.

MAJOR NSR/PSD PERMITTING:

A potential to emit 250 tons per year of a criteria pollutant triggers PSD in attainment areas. 100 tons per year triggers NSR in nonattainment areas. LAER is required for major stationary sources and major modifications located in a nonattainment area. LAER is also required for major stationary sources or major modifications located in an area designated as attainment or unclassified under 40 CFR 81.327, but would cause or contribute to a violation of a National Ambient Air Quality Standard (NAAQS) in a nearby nonattainment area. The LAER analysis shall demonstrate that the emission rate proposed is equivalent to the most stringent emission rate achievable or contained in any state implementation plan for a similar source.

TREATMENT OF EMERGENCY ENGINES:

The state uses 500 hours per year to calculate the unit's potential to emit, but the unit may only operate during emergencies and for maintenance. A source that does not exceed minor source thresholds must notify the state and get approval before operation, but no permit will be issued. The potential to emit calculation does not limit the unit's operation to 500 hours, however if a source is found to operate above 500 hours for several years it could get "in trouble" with the state. This seems unlikely though, as officials stated that no reporting is required and "trouble" is not clearly defined.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

There are no siting requirements for onsite electrical generation in the state of Montana. (See below)

Due to recent legislative changes to Montana's Major Facility Siting Act (MFSA), most electrical generating facilities no longer require certification under MFSA. Project sponsors proposing generating facilities have the option of petitioning the Department of Environmental Quality for consideration under MFSA but a application is no longer required. MFSA still covers hydroelectric facilities greater than 50 MW in size, certain geothermal plants, nuclear power plants, certain electric transmission lines greater than 69 kV, and certain pipelines greater than 25 inches inside diameter. Specifics can be found in 75-20-104(8) and 75-20-1202, MCA

For inquiries and comments, please contact Tom Ring at 406-444-6785 or Nancy Johnson at 406-444-6796.

The state maintains a Power Plant Siting Information webpage.

BUILDING, ZONING AND FIRE CODES:

Montana Department of Labor and Industry, Business Standards Division, Building Code Bureau

The Building Codes Bureau establishes and enforces minimum building, plumbing, mechanical, electrical, energy, and boiler codes. These codes are adopted and amended through Title 24, Chapter 301 of the Administrative Rules of Montana.
Montana Building Codes
International Code Council State Adoption Information Page

Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.

US DOE's Office of Building Technology, State and Community Programs, Building Codes Database

The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement process.

Utility StandBy Rates

Flathead Electric Cooperative, Inc.


Rate Schedule
Load Size less than 50 kW 50 kW to 100 kW 100 kW to 1,000 kW
Basic Charge $16.00/month $42.00/month for single phase
$72.00/month three-phase
$42.00/month for single phase
$72.00/month three-phase
$1.23 per kW Load Size for all kW
Demand Charge na $2.94 per kW for all kW $2.94 per kW for all kW
Energy Charge 5.900 cents per kWh for all kWh 5.850 cents kWh for all kWh 5.60 cents per kWH for first 150,000 kWh
4.50 cents per kWh for > 150,000 kWh

INTERCONNECTION REQUIREMENTS:

Montana has no statewide interconnection standards. However, Northwestern Energy (Montana Power) has a standard interconnection agreement. This interconnection agreement by Montana Power requires an external disconnect switch but does not require the purchase of additonal liability insurance.

Net metering regulations were adopted by the state (SB 409), in 1999. Under this law, net metering is available to solar, wind and hydropower units of 50 kW or less. No limit on overall enrollment is specified. The net-metering rules do specify standards with which interconnected units must comply. Interconnected units must follow those standards set by the National Electrical Code (NEC), Institute of Electrical and Electronic Engineers (IEEE, National Electrical Safety Code (NSEC) and Underwriters Laboratories (UL).

Montana's Electric Cooperatives' Association (MECA) followed suit and developed a draft interconnection agreement and net metering requirements in 2001. This draft has been accepted by most of the state cooperatives and applies to the following units up to 10 kW: photovoltaics, wind, geothermal electric, fuel cells, small hydroelectric, commercial, and residential units.


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