Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.16 - Decision Standards › Rule 17.20.1607 - LINEAR FACILITIES, MINIMUM IMPACT STANDARD

Current through Register Vol. 13, July 5, 2024
(1) In order for the department to find and
				determine that a linear facility represents the minimum adverse environmental
				impact, considering the state of available technology and the nature and
				economics of the various alternatives as required by
				75-20-301, MCA:
(a) the department finds and determines:
(i) that the expected net present value of
				costs, including monetary costs of construction to the applicant, external
				monetary costs, and the value of reasonably quantifiable environmental impacts
				is lower for the proposed facility than for any other available alternative
				that would meet the need finding required by ARM
				17.20.1606. Other available
				alternatives include transmission alternatives, alternative energy resources
				and energy conservation, alternative transmission technologies, alternative
				levels of transmission reliability and the no action alternative;
(ii) that unquantified environmental impacts
				are not significantly adverse to alter the finding required by (1) (a) (i)
				;
(iii) that all mitigation
				measures included in the mitigation plan in (1) (a) (vii) (C) have been
				incorporated in the cost finding required by (1) (a) (i) ;
(iv) that the final location for the facility
				achieves the best balance among the preferred location criteria listed in
				Circular MFSA-2, section 3.1 considering environmental impact and economic
				cost;
(v) that the final location
				for the facility will not cross one of the areas listed in Circular MFSA-2,
				section 3.2(1) (d) (i) and (ii), unless the legislative or administrative unit
				of government with direct authority over the area has given the applicant
				permission to locate the facility there;
(vi) that reasonable alternative locations
				for the facility were considered in selecting the final location, pursuant to
				Circular MFSA-2, section 3.0;
(vii)
				that the final location for the facility will result in less cumulative adverse
				environmental impact and economic cost than siting the facility in any
				reasonable alternative location, based on the following:
(A) identification of any probable
				significant adverse environmental impacts;
(B) identification of reasonable mitigation
				for these significant adverse environmental impacts;
(C) adoption of an acceptable mitigation plan
				based on the measures identified in (1) (a) (vii) (B), including environmental
				specifications, that will be included in conditions to the certificate;
				and
(D) adoption of an acceptable
				monitoring plan, including a reclamation plan, that will be included in
				conditions to the certificate.
(viii) if in making the finding required by
				(1) (a) (vii), the final location for the facility crosses one or more of the
				areas listed in Circular MFSA-2, section 3.2(1) (d) (iii) through (xi) and
				section 3.4(1) (b) through (w) for transmission lines and in Circular MFSA-2,
				sections 3.2(1) (e) and 3.4(2) for pipelines, either that no significant
				adverse environmental impacts would result in the area(s) ; or
(A) that any significant adverse
				environmental impacts affecting the environmental resources, qualities or
				characteristics for these areas have been identified;
(B) that reasonable mitigation for these
				significant adverse environmental impacts has been identified;
(C) that an acceptable mitigation plan based
				on the measures identified in (1) (a) (viii) (B), including environmental
				specifications, has been identified and will be included in conditions to the
				certificate; and
(D) that an
				acceptable monitoring plan, including a reclamation plan, has been identified,
				and will be included in conditions to the certificate.