Department of Environmental Quality briefs committee on primacy, lab upgrade and federal funding uncertainty

Dave Glott, director of the North Dakota Department of Environmental Quality (DEQ), told the Appropriations — Human Resources Division that the agency implements delegated federal programs (Clean Air Act, Clean Water Act, Safe Drinking Water Act and RCRA) under state primacy and that DEQ seeks to keep those programs local and responsive.

"If the state shows it has the capabilities, the expertise, the staffing, the state laws to implement those programs, EPA will delegate those programs to the state," Glott said, adding that state implementation provides better local accountability than direct federal administration. He described DEQ’s six divisions and 173 FTEs and highlighted recent permitting work including the Dakota Carbon Center (Project Tundra) carbon‑capture permitting and a large gas‑to‑liquids project in Ceylon.

Glott discussed lab and monitoring work: DEQ operates nine ambient air monitors and a state laboratory that recently moved to a new facility project (director projected lab opening by mid‑2026). He noted a need for equipment purchases and estimated moving and equipment costs, and that the legislature had provided one‑time SIF funding for the laboratory move and equipment. Accounting director Beth Jacobson gave a budget summary: DEQ’s base was about $92 million, the executive recommendation raised total to roughly $132 million driven by federal grants and awards, and the Senate largely adopted the governor’s recommendation with additions including one FTE for an emerging contaminants lab and funds for a petroleum testing program.

Jacobson emphasized that approximately 62 percent of DEQ’s budget is federal funds and that recent federal grant awards (including IGRA infrastructure monies for disadvantaged drinking water systems) drove the biennial increase. Both officials flagged an open question in the current federal budget climate: they said potential cuts to EPA funding would materially impact DEQ because states perform most of the on‑the‑ground work and DEQ receives a large share of its funding from federal grants. Jacobson said DEQ is monitoring federal developments and evaluating contingency options, including fee adjustments or seeking state funds if federal funding drops.

Committee members asked about specific programs (wastewater, operator certification, wastewater surveillance for pathogens, military base water systems and petroleum program funding). Glott and Jacobson provided programmatic responses: DEQ regulates drinking water and wastewater programs (including SRF loans), performs spill investigations, enforces requirements and coordinates on cybersecurity and other emergent issues. Jacobson described planned IT and database upgrades for petroleum release compensation tracking and noted the IGRA award that will be passed through to small systems for drinking water projects.

Ending: Committee members thanked DEQ for the overview. The agency and legislative fiscal staff will follow up on details including moving‑cost estimates for the new lab and contingency planning for federal funding changes.