The Environmental Impact Statement (EIS) Process

Background
An environmental impact statement (EIS) has never been conducted for a waste incinerator in the state of Montana. This is new territory for the Department of Environmental Quality (DEQ).

Everything is open to comment in the EIS. Montanas Against Toxic Burning (MATB) plans to raise the issues and problems not addressed in Holcim's permit application and environmental assessment. The DEQ has not yet responded to the comments that were submitted on these documents (spring 2003). We need to ensure that they will do this in the EIS.

Sequence of Events

• DEQ puts out a request for proposals (RFP) to conduct the EIS. From these proposals, a company is chosen to conduct the EIS. (A company in Idaho was chosen in mid-December to conduct the EIS).
• Scoping. A 30-day comment period begins and a public scoping hearing is held. Everything is open to comment during the scoping period. This is when we need citizens to get involved!
• After the draft EIS is released, there is another comment period and public hearing. The comment period ended in September 2006.
• The final EIS is released.
• DEQ considers the EIS in the process of approving and drawing up the final permit.

Concerns

• Holcim has refused to pay for the required EIS (other industries have voluntarily done so), though they stand to profit from the proposal. The cost burden will fall on the state and the taxpayers at the expense of other projects.
• The environmental assessment, required as part of the permit application, was severely flawed. It may be a challenge to get a thorough and accurate EIS completed by the state.
• Independent experts will be needed to review the EIS document.
• Independent counsel will be needed to track the DEQ's interpretation of the law and regulations.
• The DEQ has thus far never denied an air quality permit. If the DEQ approves Holcim's tire-burning permit, further legal action may be necessary.