Montana Department of Environmental Quality About Us Permitting & Operator Assistance Public Participation

DEQ Streamlines Wells and Associated Facilities Applications Reviewed by Subdivision and Public Water Supply Programs

  • Madison McGeffers
  • August 28 2024

HELENA—The Department of Environmental Quality (DEQ) has prepared a draft programmatic Environmental Assessment (EA) for the drilling of regulated wells and associated facilities at proposed new locations and is accepting public comment during the next 30 days. A programmatic EA is an analysis of the impacts on the quality of the human environment of related actions, programs or policies (ARM 17.4.603 (15)). A programmatic EA provides MEPA coverage for the whole state of Montana. 

The new water system programmatic EA would allow for more efficient, thorough, and targeted application reviews and maintain a public notice and comment process. In addition, programmatic review would allow for better communication, a more efficient process, and enhanced collaboration between owners and regulators. 

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. Because the potential impacts resulting from well drilling are not significant and are similar across Montana, DEQ has prepared a programmatic EA that examines the proposed action, alternatives, and impacts that are common to most well and associated facilities installations.  

If finalized, the programmatic EA would take the place of case-by-case EAs that the Subdivisions and Public Water Supply programs have historically prepared for proposed new facility locations. Applicants proposing a new well and/or associated facilities at new locations 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. 

Applications with anticipated impacts that fall outside the scope of the programmatic EA would require supplemental review by DEQ for those impacts, including public review and comment on a draft supplemental EA. 

Following review of any public comment, DEQ would then determine whether to grant a Certificate of Subdivision Approval (COSA) or Letter of Approval. 

Introduction of a programmatic environmental assessment maintains the opportunity for public involvement. DEQ will continue to publish all EAs for public review and comment prior to final decision-making. 

Montana DEQ is taking comments on the Draft Programmatic EA for 30 days from August 28th to September 27th.  

To view the draft programmatic EA, request a hard copy of the document, or learn how to submit comments, visit DEQ’s website at: https://deq.mt.gov/News/publiccomment-folder/engineering-programmatic-08-28-2024. 

Tags: Water and Press Release