Montana’s environmental department would handle geothermal project and well permits

Montana’s Department of Environmental Quality would handle state permits for geothermal projects and wells. Well operators could also have to pay an annual fee for each geothermal well. Applying these rules within reservation boundaries would require the tribe to adopt a geothermal development law and enter a cooperative agreement with Montana. Projects would need applicable environmental reviews, air and water permits, and public notice. These provisions would take effect on passage and approval.

Federal officials would regulate geothermal fluid injected underground through wells in the federal Class V permit category. Montana could regulate other project activities, including surface discharges and air pollution. This exclusive federal role would last until Montana obtains federal enforcement authority for these wells. State permit rules could not duplicate valid federal permits for the same well. These provisions would take effect on passage and approval.

The department could seek civil fines, and people challenging permits would face limits on court review. Fines would cover violations of the geothermal law, rules, permits, and orders. Each day of a continuing violation would count separately. Only people harmed by a final written decision who finished available agency appeals could challenge the permit. Courts would review only the agency record and uphold the decision unless it was arbitrary and capricious, meaning it lacked a reasoned basis. These provisions would take effect on passage and approval.