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EPA, Corps, publish MOU on new policies for Alaska wetlands
Alan Bailey Petroleum News
The Environmental Protection Agency and the U.S. Army have issued a memorandum of understanding setting specific policies for wetlands mitigation requirements in Alaska. The guidelines relate to so-called section 404 permitting by the U.S. Army Corps of Engineers. This type of permitting, required if a proposed project will involve the discharge of material into the waters of the United States, commonly impacts oil and gas projects in Alaska.
Under the permitting rules, impacts on wetlands must be avoided to the extent that is practicable. If, however, significant impacts are unavoidable, a developer may be able to obtain a permit for a project by undertaking or paying for compensatory mitigation, restoring equivalent wetlands to compensate for any wetland degradation caused by the project.
Alaska is unique The new guidelines recognize some unique characteristics of Alaska that differentiate the state from other parts of the United States and that can make it difficult to use the same mitigation approach as is used elsewhere. In particular, Alaska has vast areas of untouched wilderness, with limited opportunities for mitigation sites, particularly in a single watershed. Much of the land is under public rather than private ownership and management. And areas of permafrost pose particular challenges when it comes to the feasibility of mitigation techniques.
The new guidelines offer several approaches to dealing with Alaska’s unique circumstances, including a recognition that a larger watershed scale may be required than in the Lower 48 for locating mitigation sites, a recognition that wetlands impacts may be unavoidable in regions with high proportions of wetland, and a recognition that compensatory mitigation may not be feasible in some regions because of the limited availability of suitable mitigation sites. The guidelines also suggest that “out-of-kind” mitigation may sometimes be appropriate: for example, enhancing streams impacted by mining as an alternative to restoring wetlands. In Alaska there may be mitigation opportunities on public land. And a less rigorous permit review is appropriate for small projects with minor environmental impacts, the new MOU says.
Expressions of support “Our revised guidance offers a consistent and practical approach to wetlands protection and aquatic resource restoration in Alaska,” said EPA Administrator Scott Pruitt when announcing the new guidance. “We look forward to working with the State of Alaska and our federal partners to implement the guidance, which will produce better environmental and economic results across the state.”
“Alaska is different than the Lower 48 - from our still developing infrastructure, to the rugged challenges of building in our wild Arctic environment, we face unique circumstances requiring flexibility in implementing wetlands mitigation,” said Sen. Dan Sullivan, R-Alaska. “When the Lower 48 states were being developed, they didn’t need to deal with today’s onerous regulatory restrictions. I am encouraged to see EPA and the Army Corps, recognizing these issues.”
“We are encouraged that the EPA and Army Corps recognize Alaska’s unique context with respect to wetlands, mitigation, and development under the Clean Water Act, and we look forward to working together with them to protect these values using the flexibility provided by this new MOU,” said Alaska Gov. Bill Walker.
- ALAN BAILEY
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