A Guide to the Montana Environmental Policy Act (MEPA) Requirements, Process, and Compliance

The Montana Environmental Policy Act (MEPA) plays a crucial role in shaping the environmental landscape of the state, guiding decision-making processes and ensuring that the ecological impacts of proposed actions are thoroughly considered. This comprehensive guide offers an in-depth exploration of MEPA, its key provisions, and the obligations it places on regulated entities. By delving into the Act's applicability, compliance requirements, and enforcement mechanisms, readers will gain a clear understanding of how to navigate the complexities of MEPA and effectively manage their environmental responsibilities. The guide also highlights recent developments and provides valuable resources to help readers stay informed about the evolving regulatory landscape. With a focus on practical insights and actionable information, this guide serves as an essential tool for successfully operating within the framework of MEPA and contributing to the sustainable development of Montana.

GENERAL INFORMATION

Key Details of the Montana Environmental Policy Act (MEPA)

Issuing Agency: Montana Environmental Quality Council

Year Established: 1971

Last Amended: 2011

Statutory Authority: Montana Environmental Policy Act, Title 75, Chapter 1, Parts 1 through 3, Montana Code Annotated (MCA)

Primary Legal Reference: Title 75, Chapter 1, Parts 1 through 3, Montana Code Annotated (MCA)

Overview of the Montana Environmental Policy Act (MEPA)

The Montana Environmental Policy Act (MEPA) is a state-level regulation that operates within the broader framework of Montana's environmental laws. MEPA is modeled after the National Environmental Policy Act (NEPA) and aims to ensure that state agencies consider the environmental impacts of their actions and decisions.¹

MEPA requires state agencies to conduct environmental reviews for actions that may significantly affect the quality of the human environment. The act promotes informed decision-making and public participation in the process. The Montana Environmental Quality Council is responsible for overseeing the implementation of MEPA and providing guidance to state agencies.

Enacted in 1971, MEPA has undergone several amendments, with the most recent significant changes occurring in 2011. The act employs a procedural approach, requiring state agencies to follow specific steps in assessing environmental impacts and engaging the public in the decision-making process.²

MEPA applies to all state agencies in Montana, including those involved in permitting, licensing, and project approval processes. However, certain actions, such as those related to emergency responses or ministerial decisions, may be exempt from MEPA review.³

What does the Montana Environmental Policy Act (MEPA) protect?

The Montana Environmental Policy Act (MEPA) protects a wide range of environmental resources, including air, water, land, wildlife, and cultural resources, from adverse impacts resulting from state agency actions. MEPA achieves this protection by requiring state agencies to:

1. Assess the potential environmental impacts of their proposed actions through an environmental review process.
2. Consider alternatives to the proposed action that may have less adverse environmental impacts.
3. Engage the public in the decision-making process by providing opportunities for comment and participation.
4. Disclose the findings of the environmental review and the agency's decision-making process to the public.⁴

By ensuring that state agencies consider environmental factors in their decision-making and involve the public in the process, MEPA helps to minimize or mitigate adverse impacts on Montana's natural resources and human environment.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Montana Environmental Policy Act (MEPA) is a comprehensive environmental regulation that applies to a wide range of activities and entities within the state of Montana. MEPA aims to ensure that state agencies consider the environmental consequences of their actions and promote informed decision-making and public participation in the process.

Under MEPA, regulated activities include, but are not limited to:

1. State-sponsored projects, such as the construction of highways, bridges, and public buildings
2. Permitting and licensing decisions for private sector activities, including mining, logging, and energy development
3. Land use planning and management decisions on state-owned lands
4. Adoption of new policies, programs, or regulations that may have a significant impact on the environment

Entities subject to MEPA include all state agencies, boards, and commissions that make decisions or take actions that may have an impact on the environment. This includes, but is not limited to:

• Montana Department of Environmental Quality (DEQ)
• Montana Department of Natural Resources and Conservation (DNRC)
• Montana Department of Transportation (MDT)
• Montana Fish, Wildlife, and Parks (FWP)

While MEPA does not directly prohibit specific activities or substances, it requires state agencies to thoroughly evaluate the environmental impacts of their proposed actions and consider alternatives that may have less adverse effects on the environment. This process helps to identify and mitigate potential environmental harms associated with various activities and substances.

Structure and Key Provisions

75-1-102. Purpose

This section outlines the primary purposes of MEPA, which include promoting the health and welfare of humans, protecting the environment, and ensuring that state agencies consider the environmental consequences of their actions.

75-1-201. General directions

This provision directs state agencies to interpret and administer the policies, regulations, and laws of the state in accordance with the environmental policy set forth in MEPA.

75-1-220. Definitions

This section provides definitions for key terms used throughout the Act, such as "environmental impact statement," "lead agency," and "significantly."

75-1-301. Agency rules to prescribe fees

This provision authorizes state agencies to adopt rules prescribing fees to be charged to applicants for environmental review under MEPA.

75-1-311. Environmental review procedure

This section outlines the environmental review process that state agencies must follow when making decisions or taking actions that may have a significant impact on the environment. It includes requirements for environmental assessments, environmental impact statements, and public participation.

While this overview provides a general understanding of MEPA's structure and key provisions, it is essential for readers to consult the full text of the regulation and engage with the relevant agencies for project-specific guidance. The complete text of MEPA can be found in Title 75, Chapter 1, Parts 1 through 3 of the Montana Code Annotated.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Montana Environmental Policy Act (MEPA) establishes various standards and limitations to protect the environment and human health. These may include emissions limits for air and water pollutants, performance standards for industrial processes, and other relevant metrics.⁵ The specific standards and limitations vary depending on the type of project and the potential environmental impacts. Developers and consultants should work closely with the Montana Department of Environmental Quality (DEQ) to understand the applicable standards for their projects.

The DEQ is responsible for implementing and enforcing these standards through various mechanisms, such as permits, licenses, and approvals.⁶ Compliance with MEPA standards is typically a condition of obtaining and maintaining these authorizations. Developers should carefully review the terms and conditions of their permits and consult with the DEQ to ensure ongoing compliance.

Monitoring, Reporting & Recordkeeping Obligations

Under MEPA, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the applicable standards and limitations and to provide transparency and accountability.⁷ The specific requirements vary depending the type of project and the potential environmental impacts.

Monitoring requirements may include regular sampling and analysis of emissions, discharges, or other environmental indicators. Reporting requirements may involve submitting periodic compliance reports, discharge monitoring reports, or other relevant data to the DEQ. Recordkeeping requirements may include maintaining accurate and complete records of monitoring data, operational parameters, and other relevant information.

Developers and consultants should work closely with the DEQ to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The DEQ is responsible for enforcing compliance with MEPA and may take various enforcement change in response to violations. These may include informal actions, such as warning letters or notices of violation, as well as formal actions, such as administrative orders or civil and criminal penalties.⁸

Administrative orders may require regulated entities to take specific actions to achieve compliance, such as installing pollution control equipment or implementing environmental remediation measures. Civil penalties may be assessed for violations, with the amount depending on factors such as the severity and duration of the violation and the economic benefit derived from noncompliance.

In some cases, criminal penalties may be sought for willful or knowing violations of MEPA. These may include fines and imprisonment for responsible individuals.

To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the DEQ. By working closely with the agency to understand and fulfill their obligations under MEPA, regulated entities can minimize the risk of enforcement actions and ensure the smooth operation of their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Montana Environmental Policy Act (MEPA) has undergone several significant developments in recent years that have shaped its implementation and interpretation. One notable development was the passage of Senate Bill 233 in 2021, which amended MEPA to clarify the definition of "project" and to provide additional guidance on the environmental review process for certain types of projects ⁹. This amendment has helped to streamline the environmental review process for some projects while ensuring that the process remains thorough and transparent.

Another significant development related to MEPA was the Montana Supreme Court's decision in the case of Montana Environmental Information Center v. Montana Department of Environmental Quality in 2020 ¹⁰. In this case, the court held that the Montana Department of Environmental Quality (DEQ) had failed to adequately consider the cumulative impacts of a proposed mine expansion project under MEPA. The decision emphasized the importance of considering cumulative impacts in the environmental review process and has led to increased scrutiny of proposed projects by the DEQ and other agencies.

Looking ahead, there are several upcoming regulatory changes and policy shifts that are likely to affect the implementation of MEPA in the near future. One notable development is the ongoing effort by the Montana Legislature to revise and update the MEPA administrative rules ¹¹. These revisions are intended to clarify the environmental review process and to provide additional guidance to agencies and project proponents.

To stay informed about these and other developments related to MEPA, stakeholders can monitor the websites of the Montana Environmental Quality Council and the Montana DEQ, which provide regular updates on proposed rules, guidance documents, and other regulatory matters ¹². Stakeholders can also join mailing lists and attend public meetings and hearings to provide input on proposed changes and to stay informed about the latest developments.

Additional Resources

• Full text of the Montana Environmental Policy Act (MEPA): The official text of the MEPA statute, including all amendments and revisions.

• MEPA Administrative Rules: The official administrative rules implementing MEPA, as promulgated by the Montana Environmental Quality Council.

• MEPA Training Materials: A collection of training materials and presentations related to MEPA, published by the Montana Department of Environmental Quality.