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

 

Specific Issues:

EMISSIONS REGULATIONS

GUIDE TO FEDERAL REGULATIONS

SITING REGULATIONS

BUILDING, ZONING
AND FIRE CODES

INTERCONNECTION REQUIREMENTS

EXIT FEES

STANDBY RATES

REPORTING REQUIREMENTS

ECONOMIC INCENTIVES

 

 

WHAT'S NEW:

No recent state activity has been identified.

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

PTE 250 tons (100 tons for listed sources) 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. At a minimum, facilities should maintain internal documentation of the exemption.

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. State officials indicate that the cost threshold varies; facilities considering installation of sources that require a BACT review should contact Vickie Walsh (Viwalsh@mt.gov) or another state agent for further information.


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 (pertaining to the air quality attainment status designations for Montana), 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 the state has the authority to take enforcement action against the facility for violating the exemption.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

There are no siting requirements for on-site electrical generation in the state of Montana. 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 an 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) 75-20-1202, and 75-20-1001 MCA.

For inquiries and comments, please contact Tom Ring at 406-444-6785 or Nancy Johnson at 406-444-6797.

The state maintains a Power Plant Siting Information webpage.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Montana has adopted the 2006 IBC with amendments as its state building code. It applies to all state-owned buildings and serves as a model and minimum code for local adoption.

Energy Codes: Montana enforces a mandatory energy code. For commercial buildings, this code is ASHRAE 90.1-2001 or 2003 IECC. [1] Updates to IECC 2006 are expected in Fall 2008.

Fire Codes: Montana enforces the 2003 NFPA 1: Uniform Fire Code. [2]

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

 

INTERCONNECTION REQUIREMENTS:

Montana currently has no statewide interconnection standards. However, on January 4, 2008, the Western Climate Initiative accepted Montana as a full partner at the request of Governor Brian Schweitzer. Governor Schweitzer decided upon this action as a result of policy recommendations in the final report of his Climate Change Advisory Committee. These recommendations include improvements to the state’s interconnection and net metering rules in order to remove the barriers against, and provide incentives for, small distributed renewables and CHP. On November 28, 2007, the Montana Public Service Commission held a technical workshop to hear stakeholder viewpoints on whether to adopt the federal interconnection standard (docket # N2007.10.114).

Northwestern Energy (Montana Power) currently has a standard interconnection agreement. This interconnection agreement by Montana Power requires an external disconnect switch but does not require the purchase of additional 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. Net metering is also available through Montana-Dakota Utilities (MDU).

For more information contact your electric utility or the Montana Department of Environmental Quality.

Montana Department of Environmental Quality

Georgia Brensdal
Montana Department of Environmental Quality
Planning, Prevention & Assistance
1100 North Last Chance Gulch
P. O. Box 200902
Helena, MT 59620
Phone: (406) 841-5240
Fax: (406) 444-1804
E-Mail:gbrensdal@mt.gov

NorthWestern Energy ( Montana Power)


NorthWestern Energy

Megan Kujawa
40 East Broadway
Butte , MT 59701
Phone: (406) 497-3516
Email: megan.kujawa@northwestern.com

Montana Electric Cooperatives Association


MECA
P.O. Box 1306
Great Falls , MT  59403
Phone - (406) 761-8333
FAX - (406)761-8339
meca@mtco-ops.com

Montana-Dakota Utilities

MDU
Karl Tammar
(701) 222-7674.  
MDU mailing address:
Montana-Dakota Utilities Co.
PO Box 5600
Bismarck, ND 58506-5600

EXIT FEES:

Montana does not have a statewide exit fee policy, and no utility charges exit fees for DG systems.

UTILITY STANDBY RATES:

Montana does not have a statewide policy on standby rates. Relevant provisions for Montana utilities are summarized below.

Montana-Dakota Utilities Company (MDU Resources Group Inc): No standard standby rate is currently offered, so customers seeking standby service would have to enter into an individual contract with the utility. Utility personnel said that a rate similar to Rate 30 would be charged with a specific reservation fee determined in the contract. Rate 30 has demand and energy charges and billing demand is based on the maximum 15 minute demand of the month with no ratchet. Rates are available at: http://www.montana-dakota.com/Pages/ElectricandNaturalGasRates.aspx?state=Montana

NorthWestern Energy: There is no standard standby rate. Customers seeking standby service would need to contract with the utility to be charged under a regular tariff. Typical rates have demand and energy charges. Demand charges are based on the maximum 15 minute demand of the month. Rates are available at: http://www.northwesternenergy.com/display.aspx?Page=Montana_Rate_Schedules&Item=117

 

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