State of Montana Newsroom
DEQ and FWP Release 318 Authorization Programmatic Environmental Assessment Draft for Comment
The Department of Environmental Quality (DEQ) and the Department of Fish, Wildlife and Parks (FWP) have prepared a draft programmatic Environmental Assessment (EA) for 318 Authorization applications, available on DEQ’s website. The agencies are accepting public comment on the programmatic through Dec. 8.
The 318 Authorization allows for short-term turbidity, or water cloudiness caused by suspended particles, from stream-related construction activities or stream enhancement projects in state surface waters. The potential impacts resulting from these actions are similar across the state. Therefore, DEQ has prepared a programmatic EA that examines the proposed action, alternatives, and impacts that are common to all 318 Authorizations. A programmatic EA is an analysis of the impacts on the quality of the human environment of a proposed action, program or policy used when the activity has similar environmental impacts regardless of where it occurs.
DEQ may enter into agreements with other state agencies to issue 318 Authorizations. Since FWP is involved with inspecting and permitting construction activities for stream projects, an agreement between the two agencies allows FWP to, at its discretion, issue 318 Authorizations on DEQ’s behalf. To ensure transparency through this process, FWP and DEQ have prepared the draft EA together.
If adopted, the programmatic EA would take the place of case-by-case EAs that DEQ has historically prepared for proposed 318 Authorization applications. Applicants proposing a new 318 Authorization would still be required to submit an application to DEQ for review. DEQ would then determine whether the proposed project falls within the bounds of the programmatic EA using a Categorical Exclusion checklist. The checklist would ensure that each application DEQ receives is covered by the programmatic EA. DEQ staff would complete the checklist upon receipt of each application and applications with anticipated impacts that fall outside the scope of the programmatic EA would require supplemental review by DEQ for those impacts.
The Montana Environmental Policy Act (MEPA) provides agencies discretion to determine when preparation of a programmatic review is appropriate for related or repetitive actions, programs, or policies. The programmatic EA would allow for more efficient, thorough, targeted application reviews and maintain a public notice process. In addition, programmatic review would allow for better communication, a more efficient process, and enhanced collaboration with regulators.
To read the Draft Programmatic EA or learn how to submit a comment, visit DEQ’s website.