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Committee hears unanimous-leaning support to tighten Montana tailings oversight and IRP rules
Summary
Witnesses across industry, community groups and DEQ supported House Bill 699 to refine Montana's tailings-storage law, expand and professionalize the independent review panel (IRP), and clarify design and oversight for tailings facilities.
House Natural Resources heard House Bill 699, a broad cleanup and update to Montana’s tailings storage and independent review panel (IRP) statute originally passed in 2015. Sponsor Rep. Bill Mercer told the committee the bill updates language based on 10 years of implementation and aims to strengthen oversight to reduce risk from tailings storage facilities.
Industry, permittees and community groups emphasized the IRP's role and urged passage. "One of the things that is very unique in this structure is the independent review panel and the need to be able to attract some of the really most sophisticated minds in this area," sponsor Mercer said. Mark Thompson of Montana Resources gave a practical overview of tailings operations and why engineering and regulatory oversight matters, describing how slurry from milling is conveyed to a tailings impoundment and why embankment containment and seismic resilience are essential.
Several organizations testified in support, including the Montana Mining Association; Northern Plains Resource Council; Montana Environmental Information Center; Treasure State Resources Association; Montana Trout Unlimited; and Sabina Stillwater (operator of Norilsk/Stillwater mines). Heather McDowell of Stillwater emphasized the IRP's constructive role: "Our operations and stakeholders have benefited greatly from the engagement with the IRP ... the IRP oversight made this design the tailings design better and safer." Betsy Baxter of Northern Plains described participation in an IRP failure-modes analysis and said the panel's on-site inspections led to additional testing and recommended design improvements.
DEQ and industry witnesses said the bill refines definitions, expands eligible IRP expertise while preserving independence and technical standards, and clarifies which facilities are covered (with a 50-acre-foot exclusion for very small impoundments). Dan Walsh, DEQ’s air, energy and mining division administrator, told the committee DEQ "supports House Bill 699" and said the bill improves clarity and protectiveness under the Metal Mine Reclamation Act.
Opponents were limited in number and formal opposition did not drive debate; several groups that often contest mining policy offered conditional support, noting the bill had been vetted with stakeholders. The committee closed the hearing with broad bipartisan engagement and no immediate amendments proposed.
