Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.20 - MAJOR FACILITY SITING › Subchapter 17.20.14 - Application Requirements: Alternative Siting Study and Baseline Data Requirements › Rule 17.20.1418 - ENERGY GENERATION FACILITIES, BASELINE STUDY, GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An application must contain a baseline
				study of the proposed sites and the proposed and any alternate locations of
				off-site associated facilities and their impact zones to gather baseline data
				describing the existing environment, to assess impacts associated with the
				proposed facility, and to identify mitigation strategies for potentially
				significant adverse impacts.
(2)
				The applicant shall depict the proposed site and its boundaries, and the
				proposed and any alternate locations of all on-site and off-site associated
				facilities, as appropriate, using symbols or lines approximately one-half
				millimeter or less in width drawn on a 1:24,000 topographic base map. This base
				map shall indicate any upgrade, replacement or removal of existing equipment or
				installation(s) that would be necessary for construction or operation of the
				proposed facility and associated facilities. The applicant shall provide one
				mylar copy of this base map to the department and an electronic equivalent
				acceptable to the department. Each electronic submittal shall be accompanied by
				metadata describing the submittal.
(3) An application must contain one set of
				1:4800 topographic maps and an electronic equivalent acceptable to the
				department showing the locations, as applicable, of the generators, emission
				control devices, condensers, shift conversion facilities, reactors, stacks,
				catalyst production and regeneration facilities, cooling towers, water storage
				ponds, waste disposal ponds, roads, parking areas, railroad spurs, substations,
				pumping stations, on-site pipelines, storage facilities, any other structures
				or buildings, nonlinear associated facilities, and any existing structures for
				the proposed site, noting structures that would be relocated or
				destroyed.
(4) An application must
				contain an overlay or overlays and an electronic equivalent(s) acceptable to
				the department, as appropriate, to the base map required by (2) of this rule of
				the baseline data required by department Circular MFSA-1 that can be mapped and
				are within the impact zones associated with the proposed site and the proposed
				and any alternate locations of associated facilities. The applicant shall
				organize the information according to the requirements of department Circular
				MFSA-1 and shall present the information on the minimum number of overlays to
				the base map. The applicant shall provide one mylar copy of each overlay to the
				department. All overlays shall clearly show section lines or corners and
				township and range locations.
(5)
				An application must contain one set of color contact prints at a scale of
				approximately 1:48,000 or 1:24,000 that provide complete aerial stereo coverage
				of the proposed sites, the geographic area within a five mile radius of the
				proposed site, and within a 1/2 mile buffer of the proposed and any alternate
				locations of off-site associated facilities. These photos shall be taken during
				a season of full foliage no more than three years prior to filing the
				application unless otherwise approved by the department. An application must
				contain advance or final USGS 7.5 minute orthophoto quads, where available, for
				the impact zones or portions of impact zones that are not covered by the aerial
				photos. However, this requirement does not apply to the impact zones associated
				with assessment of social and economic impacts required by section 3.6 of
				department Circular MFSA-1.
(6) For
				the proposed site, the applicant must certify in the application that purchase
				options or access for purposes of conducting the studies required by these
				rules have been obtained. For off-site associated facilities, the applicant
				shall describe the location(s) where options or access for the purpose of
				conducting these studies have been denied and the reason(s) for
				denial.
(7) An application must
				contain a summary of the results of consultation with appropriate government
				agencies to identify their concerns about the proposed facility's possible
				effects on the environment, and the way the applicant considered these concerns
				in identifying mitigating measures to address potentially significant impacts
				of the facility.
(8) An application
				may contain any valid and useful existing studies, reports, or data prepared on
				the energy generation or conversion facility and may be submitted by the
				applicant towards fulfilling the requirements of department Circular MFSA-1 but
				shall be subject to supplementation and shall be used by the department only to
				the extent it considers them applicable.
(9) An application must contain, for the
				proposed site and the proposed and any alternate locations of off-site
				associated facilities, information required by the department or board
				necessary to make or issue any decision, opinion, order, certification, or
				permit required under laws administered by the department, other than those
				contained in the Act pursuant to
				75-20-216(3),
				MCA.
(10) An application must
				identify and discuss available alternative levels and types of mitigation to
				reduce or eliminate potentially significant adverse impacts of the facility at
				the proposed site and the proposed and any alternate locations of off-site
				associated facilities, including, but not limited to:
(a) alternative pollution control and waste
				disposal strategies, equipment and/or facilities;
(b) alternative strategies, equipment and/or
				facilities for reducing water consumption;
(c) alternative locations of associated
				facilities; and
(d) plans to reduce
				adverse impacts on local communities, including, but not limited to, plans for
				meeting the service needs of the work force and maintaining the existing
				quality of services.