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Draft Programmatic Environmental Assessment for Subsurface Wastewater Treatment Systems

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Summary

The Montana Department of Environmental Quality released a draft programmatic environmental assessment for subsurface wastewater treatment systems. The assessment covers conventional septic systems to advanced treatment systems meeting drinking water standards. Qualifying systems must have fewer than 300 drainfields and disturb fewer than 10 acres. Public comments are due May 1, 2026.

What changed

DEQ has prepared a draft programmatic environmental assessment under the Montana Environmental Policy Act (MEPA) for construction and operation of subsurface wastewater treatment systems. The draft establishes a streamlined review process for qualifying systems that meet specific thresholds (fewer than 300 drainfields, under 10 acres disturbed, no surface water impact, no Montana Ground Water Pollution Control System permit required). Systems outside these parameters would still require project-specific environmental review.

If adopted, the programmatic EA would replace individual EAs for qualifying proposals, though applicants must still submit all applicable DEQ applications demonstrating compliance with statutes, rules, and the impacts analyzed. Regulated entities should review the draft thresholds to determine eligibility and submit comments by May 1, 2026. Construction firms, system manufacturers, and developers proposing qualifying wastewater systems should monitor this process as it could streamline future permitting.

What to do next

  1. Review the draft programmatic EA to assess eligibility thresholds for your subsurface wastewater treatment system proposals
  2. Submit public comments by May 1, 2026 if you have feedback on the assessment scope or methodology
  3. Confirm systems meet qualifying criteria: fewer than 300 drainfields, under 10 acres disturbed, no surface water impacts, no MGPWCS permit required

Archived snapshot

Apr 4, 2026

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DEQ Releases Draft Programmatic Environmental Assessment for Subsurface Wastewater Treatment Systems

  • Madison McGeffers
  • April 03 2026 The Department of Environmental Quality (DEQ) has prepared a draft programmatic environmental assessment (EA) for construction and operation of subsurface wastewater treatment systems and is accepting public comment through May 1, 2026. Information about how to submit public comment is available on DEQ’s website.

The term subsurface wastewater treatment system refers to water treatment systems ranging from conventional septic systems to advanced systems that exceed drinking water standards. A programmatic EA is an analysis of environmental impacts of a proposed action, program, or policy used when the activity has similar environmental impacts regardless of where it occurs.

Because the potential impacts resulting from qualifying subsurface wastewater treatment systems are similar across Montana, DEQ has prepared a programmatic EA. Subsurface wastewater treatment systems that qualify for this programmatic EA must include fewer than 300 drainfields and disturb fewer than 10 acres of land. Systems that may have the potential to impact surface water or that require a Montana Ground Water Pollution Control System permit would not be eligible for the programmatic EA. Proposals with anticipated impacts that fall outside the scope of the programmatic EA would require additional, project-specific environmental review by DEQ.

If adopted, the programmatic EA would take the place of preparing separate, project-specific EAs for individual qualifying subsurface wastewater treatment system proposals. Applicants proposing a new and/or amended subsurface wastewater treatment system would still be required to submit all applicable DEQ applications for review, and DEQ would evaluate each proposal for compliance with applicable statutes and rules and for consistency with the impacts analyzed in the programmatic EA.

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 will be used by DEQ to appropriately disclose impacts associated with qualifying subsurface wastewater treatment system proposals, promoting both efficient review and informed agency decisions under MEPA.

To submit public comment or view the draft programmatic EA, please visit the DEQ’s website.

References and links in this press release may not work once public comment periods and documents are no longer active. Please submit an information request if you are looking for documents that are not available through the DEQ website.

Tags: MEPA, Water and Press Release

Named provisions

Montana Environmental Policy Act (MEPA) Programmatic Environmental Assessment

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Last updated

Classification

Agency
MT DEQ
Published
April 3rd, 2026
Comment period closes
May 1st, 2026 (22 days)
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Minor

Who this affects

Applies to
Construction firms Manufacturers
Industry sector
2361 Construction 2213 Water & Wastewater
Activity scope
Wastewater Treatment System Construction Environmental Review
Threshold
Fewer than 300 drainfields, disturbance fewer than 10 acres of land, no surface water impacts, no Montana Ground Water Pollution Control System permit required
Geographic scope
US-MT US-MT

Taxonomy

Primary area
Environmental Protection
Operational domain
Compliance
Topics
Real Estate Agriculture

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