Before federal air quality rules were passed, Montana created state regulations to reduce how much mercury was emitted from coal plants. The change cut several thousand pounds of the chemical element that harms human health and brain function from entering the air.
"We did that because the federal government was slow. It wasn't doing its job," Anne Hedges with the Montana Environmental Information Center said during a recent hearing.
Hedges told lawmakers the passage of House Bill 291 would prevent Montana from being able to do something like that ever again.
"We should have the right to continue to protect Montanans' health when the federal government fails to do so," she said.
The bill, carried by Billings Republican Rep. Greg Oblander, would prevent Montana from having air quality standards more stringent than the federal Clean Air Act. It passed out of the Senate Natural Resources Committee Monday.
The bill was supported by industry groups including the state’s coal council and petroleum association. John Iverson with the Treasure State Resources Association said when the state gets in front of the federal government it causes a mess.
"Making one corner of the pool the non peeing section doesn't improve your swimming experience, and so we got to look at air quality more holistically, and I think this bill does that."
Environmental groups, as well as pediatrician groups spoke against the legislation, saying it would harm human health.
This state legislation comes at the same time that the Trump Administration has announced plans to roll back Biden-era changes that would have further limited how much pollution coal plants can release.
Reporting from the New York Times recently found the U.S. Environmental Protection Agency created a new email account power plants and industry groups can contact to request exemptions from the Clean Air Act.
The coal-fired power plant in Colstrip, Montana is the highest emitter of these toxic chemicals of any plant in the country. The plant’s owners said the cost of getting into compliance with the Biden-era regulations would jeopardize Colstrip’s future. NorthWestern Energy, which owns part of Colstrip, said the Trump administration’s changes will lead to energy cost savings.
The bill is scheduled for debate on the Senate floor.