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Montana Lawmakers Consider Exempting Megaloads from Extra Environmental Review

Wednesday, March 20, 2013 - 01:50 PM

The ConocoPhillips megaload moving through a Helena intersection in February 2011. Photo by Jackie Yamanaka

(Helena, MT – YPR) – The Montana Senate Natural Resources Committee plans to vote Friday on a bill that would exempt oversize loads from having to undergo a review under the Montana Environmental Policy Act (MEPA).

House Bill 513’s sponsor is Representative Bill McChesney (D-Miles City). He says the measure makes it crystal clear that the Montana Legislature “never intended for routine permits for oversize loads be forced to undergo the same scrutiny for environmental impacts that a new highway, a new coal mine or an oil refinery would be subjected to.”

The issue reached a flashpoint about two years ago when protesters sued to block several megaloads. At that time ImperialOil/ExxonMobil wanted to move oversize loads of equipment bound for the Oil Tar Sand fields in Alberta, Canada. Protesters also tried to stop oversize loads of coker drums traveling through Missoula to Billings.

“Prior to this particular incident in Missoula, the Montana Department of Transportation permitting process was always clearly designed and implemented to ensure the public notice and public safety were given substantial consideration without needless requirements or restrictions on the permitees,” says McChesney.

In order to haul an oversize load through Montana, companies need to obtain a 32-J permit. The current application contains an environmental checklist.

Opponents of HB 513 say because these megaloads could pose a threat to public safety, the environment, and cultural resources, a MEPA review may be appropriate. They add these projects should be subject to the MEPA process that expand the public’s right to know and the right of the public to participate in government decisions on such matters.

“If HB 513 passes, these monstrous, three-story, 200-foot long and 500,000-600,000 pound, made in Korea (loads) will be exempt from review for public safety, local highway infrastructure, cultural resources, the economy, and the environment,” says Montana Sierra Club's Claudia Narcisco.

Not true, says McChesney, a retired MDT employee who worked with oversize loads and the 32-J permits. He says before such permits are issued, MDT reviews the route, load size, and that public input is always welcome. He argues a MEPA review for the 32-J permit is redundant. “There’s no justifiable reason for this superfluous barrier to the commerce and the accompanying perception that Montana is a difficult place to do business.”

HB 513 was sent to the Montana Senate on a 72-26 vote.

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