Underground Storage Tanks | Final Programmatic Environmental Assessment
The Montana Department of Environmental Quality (DEQ) has finalized a programmatic environmental assessment (EA) for the installation of regulated underground storage tanks (USTs) at new facility locations.
The Montana Environmental Policy Act (MEPA) and implementing rules define programmatic review as an analysis of potential environmental impacts resulting from related actions, programs, or policies. This type of review is appropriate for repetitive state actions that have similar impacts or where each proposed action is similar in nature. MEPA gives agencies discretion to determine when programmatic review is warranted for a series of actions.
Historically, the UST program has prepared individual EAs for each new proposed facility. Based on decades of experience permitting similar facilities, DEQ is replacing case-by-case reviews with the programmatic EA for applicable new proposed facility locations. Because potential impacts resulting from tank installations are similar across Montana, a programmatic EA is a more efficient way to examine the proposed action, alternatives, and impacts common to most tank installations.
DEQ will review applications from owners or operators proposing tank installations at new facilities to determine if the project falls within the bounds of the programmatic EA. If it does, DEQ would publish a categorical exclusion alongside the application for a public review period. DEQ would then consider public input and make a final permitting decision. The programmatic EA will allow for more efficient, thorough, and targeted reviews of proposed new facilities. It will also provide for better communication and a more efficient process between owners and regulators.
DEQ received no public comment during the 30-day public comment period from May 6 – June 4, 2024. DEQ made several small editorial modifications, and the Final Programmatic EA can be found here:
In addition, DEQ has updated the new facility application and can be found here:
Tags: MEPA and Public Notice