|
Alaska to investigate wetlands takeover DNR solicits consultants to assist with potential effort to assume permitting program now handled by Army Corps of Engineers Wesley Loy For Petroleum News
The state is looking to hire expert consultants to help with a potential takeover of wetlands permitting from the federal government.
The U.S. Army Corps of Engineers currently handles permitting under Section 404 of the Clean Water Act. Section 404 requires a permit for all dredge and fill activities in surface waters and wetlands.
Such permitting often is a major factor for oil and gas and other construction projects in Alaska, almost half of which is considered wetlands. The wetlands total more than 174 million acres, or 65 percent of all wetlands in the nation.
The 404 process involves evaluating proposed dredge and fill activity to identify the “least environmentally damaging practicable alternative.”
The Clean Water Act provides a way for states to take over, or assume primacy for, Section 404 permitting. It’s something Alaska officials have long contemplated.
Now the state is pursing it in earnest, under legislation state lawmakers passed this year (Senate Bill 27).
‘Expensive and bureaucratic’ Gov. Sean Parnell offered the bill, calling Section 404 primacy an important step for self-determination and the state’s economy.
“The current federal process has resulted in a large number of projects in Alaska being subject to an expensive and bureaucratic federal permitting system and litigation, delaying and restricting opportunities for Alaskans,” Parnell said in a letter transmitting the bill to legislators.
SB 27 drew support from the Alaska Oil and Gas Association, provided state primacy wouldn’t result in a “duplicative or more cumbersome” permitting process.
Associated General Contractors of Alaska also voiced strong support for SB 27.
“In my father’s days in Alaska, the biggest obstacle they faced in trying to do something was getting the money,” wrote John MacKinnon, the organization’s executive director. “Today, the biggest obstacle is getting permission.”
SB 27 also drew opposition. The Fairbanks-based Northern Alaska Environmental Center said the legislation would allow the state to roll back regulations, making it easier for corporations to develop wetlands without a proper public review.
Two states, Michigan and New Jersey, already have assumed primacy for wetlands permitting.
Call for consultants On Dec. 12, the Alaska Department of Natural Resources issued a request for proposals from consultants able to assist the state with evaluating and potentially pursuing assumption of Section 404 permitting from the Army Corps of Engineers.
DNR is looking to issue the consulting contract by Jan. 24. The contract would run through June 30, 2016.
Another state agency, the Department of Environmental Conservation, also would be heavily involved in any takeover of Section 404 permitting.
The new law allows DNR and DEC to evaluate the benefits and costs of a state-run wetlands permitting program.
If the state decides to pursue primacy, it will have to win approval from the Environmental Protection Agency, which has oversight of the Army Corps 404 program.
Assuming primacy would not give the state authority over all waters and wetlands. The Corps would continue permitting dredge and fill activity in certain areas, such as tidally influenced waters.
| 