Environmental policy in Montana

Environmental policy in Montana
Environmental policy in other states Endangered species in Montana

Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in Montana.

Environmental governance in Montana

• The Montana House has standing committees on Fish, Wildlife and Parks and Natural Resources. The Montana Senate has two standing committees on Fish and Game and Natural Resources.
• The Montana Department of Environmental Quality is the state's chief environmental protection agency. The department's stated mission is "to protect, sustain, and improve a clean and healthful environment to benefit present and future generations."

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Environmental budget

See also: Environmental spending in the 50 states

The table below features annual budget information for the Montana Department of Environmental Quality from 2011 to 2023:

Environmental and natural resources budget in Montana, 2011-2023
Fiscal year	Total spending
2023	$66,726,164
2022	$66,543,698
2021	$66,255,618
2020	$66,250,163
2019	$66,605,308
2018	$65,768,220
2017	$62,320,360
2016	$62,308,434
2015	$57,641,497
2014	$57,723,248
2013	$58,235,866
2012	$58,239,734
2011	$65,558,150
Source: Montana Office of Budget and Program Planning

Air

Clean Air Act

See also: Implementation of the Clean Air Act

The Clean Air Act is a federal law aimed at maintaining air quality and reducing air pollution. The law requires states and private industries to meet national air pollution standards. Each state must implement an EPA-approved plan to reduce air pollutants from industrial facilities such as chemical plants and utilities. Over 47,000 facilities nationwide were regulated under the Clean Air Act as of February 2023.

The table below features information about the number of regulated facilities under the Clean Air Act in Montana from 2014 to 2023:

Regulated facilities under the Clean Air Act in Montana, 2014-2023
Year	Number of EPA-regulated facilities	Number of state-regulated facilities	Number of local-regulated facilities	Total regulated facilities
2023	4	86	N/A	90
2022	4	86	N/A	90
2021	3	85	N/A	88
2020	3	84	N/A	87
2019	3	92	N/A	95
2018	3	92	N/A	95
2017	3	93	N/A	96
2016	2	89	N/A	91
2015	2	91	N/A	93
2014	2	96	N/A	98
Source: U.S. Environmental Protection Agency, "EPA/State Air Dashboard"

Mercury and air toxics standards

See also: Mercury and air toxics standards

Citing its authority under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) in 2011 issued a rule (commonly known as the MATS rule) limiting the amount of mercury and other toxic air pollutants emitted by power plants. Mercury and air toxics standards (MATS) target mercury and other hazardous pollutants from over 580 coal and oil-fired power plants nationwide. The MATS rule was issued by the Obama administration as part of its larger policy limiting emissions from coal-fired power plants.

The EPA later reconsidered the MATS rule and, in 2020, determined "that it is not 'appropriate and necessary' to regulate electric utility steam generating units under section 112 of the Clean Air Act (CAA)."

A 2021 proposed rulemaking from the EPA seeks to revoke the 2020 action and reinstate the MATS rule.

During the period that the MATS rule was in effect, Montana had six power plants subject to the mercury standards.

Ozone standards

See also: Ground-level ozone standards

Federal ozone standards establish the acceptable amount of ground level ozone, commonly known as smog, which is formed when nitrogen oxide combines with other organic chemicals in the atmosphere. Automobiles, power plants, factories and manufacturing centers emit the nitrogen oxide necessary for ozone formation. In high concentrations, ozone is harmful to human health.

EPA in 2015 lowered the acceptable amount of ground-level ozone (smog) in the air. The standards will go into effect in 2025. States would have between the years 2020 and 2037 to create and establish a plan to meet the standards, depending how much ozone forms in certain areas of a state.

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Clean Power Plan

See also: Clean Power Plan and climate change

The EPA in 2015 finalized a regulatory action known as the Clean Power Plan aimed at mitigating what the agency views as potentially human-caused climate change. The plan aims to reduce carbon dioxide (CO₂) emissions from coal- and oil-fired power plants (fossil fuel-fired) and natural gas-fired power plants by 32 percent from 2005 levels by 2030. Each state would have to meet goals based on the number of fossil fuel- and natural gas-fired plants in the state.

After several states challenged the plan in court, arguing in part that the plan exceeded the EPA's statutory authority, the U.S. Court of Appeals for the District of Columbia Circuit delayed the rule's implementation in June 2016. The Trump administration later moved to replace the Clean Power Plan with the Affordable Clean Energy rule. The D.C. Circuit vacated the Trump-era rule in January 2021, "giving the incoming Biden administration a clean slate for" drafting a new rule, according to Bloomberg.

Carbon dioxide emissions

The following table provides information about annual carbon dioxide emissions in Montana from 2010 to 2020:

Carbon dioxide emissions in Montana, 2010-2020 (in million metric tons of energy-related carbon dioxide)
Year	Total carbon dioxide emissions
2020	26.2
2019	32.3
2018	31.3
2017	31.3
2016	31.1
2015	32.5
2014	32.6
2013	32.1
2012	30.8
2011	32.1
2010	35.0
Source: U.S. Energy Information Administration

Land

Federal land policy

See also: Federal land policy

Federal land policy involves the conservation and management of natural resources on land owned by the federal government. Most federal land policies focus on conservation, recreation, oil and natural gas extraction, wildlife and forest management, and grazing.

The federal government as of 2018 owned around 640 million total acres of land (about 28 percent) of the 2.27 billion acres of land in the United States. Four federal agencies (the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS), the National Park Service (NPS), the Forest Service (FS) oversee public lands for conservation, recreation, wildlife protection, grazing, energy production, and other purposes. The Department of Defense also oversees federal lands used for military, training, and related purposes. The majority of federal land is located in Alaska and 11 coterminous Western states

Federal land ownership

See also: Federal land ownership by state

The table below features information about changes in federal land ownership in Montana from 1990 to 2018:

Change in federal land ownership in Montana, 1990-2018
Year	Total federal land (in acres)	Percentage of state land owned by the federal government
2018	27,082,401	29.0%
2010	26,921,861	28.9%
2000	26,745,666	28.7%
1990	26,726,219	28.7%
Source: Congressional Research Service

Federal land management by agency

The following table features information about federal land management in Montana by federal agency in 2018:

Federal agency land management in Montana, 2018
Agency	Total federal land in state managed by agency (in acres)	Percentage of total federal land in state
Bureau of Land Management (BLM)	8,022,852	29.6%
Forest Service (FS)	17,186,331	63.5%
Fish and Wildlife Service (FWS)	653,097	2.4%
National Park Service (NPS)	1,214,193	4.5%
Department of Defense (DoD)	5,928	0.02%
Source: Congressional Research Service

National parks

The U.S. National Park Service (NPS) as of February 2023 oversaw what the agency describes as 424 units (often referred to as parks) and more than 150 related areas within the National Park System. The agency assists in managing national historic areas, wild and scenic rivers, historic landmarks, and national trails. The National Park System contained more than 85 million acres as of February 2023, including national parks, historical parks and sites, national monuments, battlefields and military parks, recreation areas, seashores, and parkways. More than 297 million visitors attended sites in the National Park System in 2021. NPS employed around 20,000 permanent, temporary, and seasonal employees as of February 2023.

NPS operated eight national parks in Montana as of February 2023.

The following table features visitation statistics for national parks in Montana from 2017 to 2021.

National Park Service visitation in Montana, 2017-2021
Year	Total recreation visits
2021	5,946,417
2020	3,903,740
2019	5,547,209
2018	5,547,379
2017	5,887,047
Source: U.S. National Park Service

Payments in lieu of taxes

See also: Payments in lieu of taxes

The U.S. Department of the Interior pays local governments each year to offset what they lose in property taxes due to non-taxable federal land within their borders, commonly known as payments in lieu of taxes (PILT). PILT payments go toward fire and police departments, public schools, road construction, and other local services. PILT amounts are based on population and the amount of federal land in a county. From 1977 (when PILT payments began) to 2022, the Interior Department paid out around $10.8 billion to states, territories, and Washington, D.C. PILT payments can be used for any governmental purpose.

The following table features information about payments in lieu of taxes received by local governments in Montana from 2017 to 2021.

Total payments in lieu of taxes, Montana, 2017-2021
Year	Total payments in lieu of taxes
2022	$38,238,756
2021	$36,209,980
2020	$35,166,221
2019	$33,990,204
2018	$40,073,049
Source: U.S. National Park Service

Oil and natural gas activity

See also: Oil and natural gas extraction on federal land and BLM oil and gas leases by state

The federal government leases its land to private individuals and companies for energy development, including drilling for crude oil and natural gas, solar energy, and geothermal energy. Oil and natural gas drilling on federal lands in the United States is primarily overseen by the U.S. Bureau of Land Management. Private oil and natural gas companies apply for leases from the BLM to produce energy on federal land. About 26 million acres of federal land—12.8 million of which produced oil and gas in economic quantities—were leased to about 24,000 oil and gas developers operating 96,000 wells at the end of fiscal year 2018.

The following table features information about oil and natural gas activity on federal land in Montana from 2017 to 2021:

Oil and natural gas activity on federal land in Montana, 2017-2021
Year	Oil production (in thousands of barrels)	Natural gas production (in million cubic feet)	Total leases in state	Total leased acres in state
2021	4,039,855	10,554,161	2,153	1,530,454
2020	2,799,352	10,221,112	2,327	1,608,882
2019	3,268,798	11,048,711	2,759	1,915,244
2018	3,163,994	11,530,490	2,821	2,100,155
2017	2,849,177	12,263,479	2,561	1,983,369
Source: U.S. National Park Service

Water

Clean Water Act

See also: Implementation of the Clean Water Act

The Clean Water Act is a federal law regulating pollutants discharged into all waters of the United States, including lakes, rivers, streams, and wetlands. The federal government approves water quality and technology standards for major sources of water pollution, such as chemical plants, steel manufacturers, municipal facilities, and others. Each state must establish water quality standards for all bodies of water within its boundaries.

Under the Clean Water Act, it is unlawful to discharge any pollutant from any source into navigable waters without a federal permit. The permit specifies what limitations or conditions apply to a facility before the facility may discharge any pollutants. Federal permits may contain facility-specific requirements and limitations depending on the water source.

The following table provides information about the number of Montana facilities subject to regulation under the Clean Water Act from 2014 to 2023:

Clean Water Act permits, Montana, 2014-2023
Year	Number of facilities
2023	2,755
2022	3,121
2021	3,032
2020	3,007
2019	2,904
2018	2,969
2017	3,024
2016	2,930
2015	2,960
2014	2,768
Source: U.S. Environmental Protection Agency, "National Water Activity Dashboard"

Waste

Superfund sites and hazardous waste facilities

See also: Comprehensive Environmental Response, Compensation and Liability Act

Superfund is a federal program that addresses contaminated waste sites and their return to practical use. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can compel the responsible company to reimburse the government for cleanup costs. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown.

The federal Resource Conservation and Recovery Act covers hazardous wastes, including their generation, treatment, storage and disposal. States may regulate hazardous wastes rather than the federal government. The EPA is responsible for all hazardous waste requirements if no state program exists. Hazardous waste regulations cover waste generators, transporters, treatment centers, storage and disposal facilities.

Montana had 18 Superfund sites and 1,558 regulated hazardous waste facilities as of February 2023.

Endangered species

Endangered Species Act

See also: Endangered species in Montana

The Endangered Species Act is a federal law that mandates the listing and conservation of endangered and threatened species. The legislation aims to prevent the extinction of vulnerable species throughout the United States and to recover a species' population to the point where listing the species as endangered or threatened is no longer necessary. The U.S. Fish and Wildlife Service is responsible for the law's implementation.

Montana had 17 federally listed endangered or threatened plant or animal species as of February 2023. To view the full list, click here.

Environmental ballot measures in Montana

The following list features historical information about ballot measures relating to environmental issues in Montana.

Natural resources

• Montana Open-pit Mining, I-147 (2004)
• Montana Resource Indemnity Trust, C-1 (1974)
• Montana Coal Tax Trust Fund, C-3 (1976)
• Montana Remove Prohibition on Disposal of Radioactive Waste, LR-89 (1982)
• Montana Cyanide Process Open Pit Mining Prohibition, I-137 (1998)
• Montana I-186, Requirements for Permits and Reclamation Plans of New Hard Rock Mines Initiative (2018)

Environment

• Montana Disposal of Radioactive Waste, I-84 (1980)
• Montana Litter Control and Recycling, I-87 (1980)
• Montana Refundable Deposits on Beverage Containers, I-113 (1988)
• Montana Mining Discharge and Water Quality, I-122 (1996)
• Montana Noxious Weed Management, C-40 (2004)
• Montana I-186, Requirements for Permits and Reclamation Plans of New Hard Rock Mines Initiative (2018)

Water

• Montana Mining Discharge and Water Quality, I-122 (1996)

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Recent environmental legislation in Montana

The following list features information about environmental bills that have been introduced in or passed by the Montana State Legislature in the last five years. To learn more about these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

See also

• Endangered species in Montana
• Energy policy in Montana
• Federal land policy
• Federal land ownership by state
• U.S. Bureau of Land Management
• U.S. Department of the Interior
• U.S. Environmental Protection Agency
• U.S. Fish and Wildlife Service
• U.S. National Park Service

External links

• Search Google News for this topic
• Montana Department of Environmental Quality
• U.S. Environmental Protection Agency