Article Summary –
Montana has stopped the creation of new water quality standards as required by the 2021 law passed by the Republican-controlled Legislature, triggering complaints from environmentalists and industrial dischargers. While environmentalists have criticized the proposed rules for being unscientific and not protective enough, industrial dischargers have argued they are difficult to understand and financially and technologically unfeasible to comply with. In addition to this, the Environmental Protection Agency (EPA) has expressed concerns about potential degradation of aquatic life under the proposed rule.
Water Quality Rulemaking Halted by Montana State
The state of Montana has temporarily shelved a contentious legislative effort to adopt lenient standards for two nutrients prevalent in its waterways. After a hearing on Monday that drew criticism from multiple stakeholders, the Montana Department of Environmental Quality (DEQ) announced that it will not advance the new water quality standards mandated by a Republican-controlled Legislature bill passed in 2021.
Revising the nutrient standard was initiated by Senate Bill 358, aimed at making compliance with water quality standards adopted in 2014 more accessible and cost-effective for wastewater treatment plants and industrial operators such as refineries and mines.
SB 358 compelled the DEQ to remove the “base numeric nutrient standards” that set objective limits for nitrogen and phosphorus, which impair one-third of Montana’s river miles. Instead, the Legislature instructed the agency to adopt subjective rules for nutrients.
Environmentalists have characterized the transition to narrative standards as unscientific and inconsistent with the Clean Water Act.
Upper Missouri Waterkeeper Executive Director Guy Alsentzer expressed concerns that the rulemaking pause might be politically motivated rather than a sincere effort to uphold the agency’s regulatory responsibilities.
He also warned that if the agency tried to implement the proposed rules later, the U.S. Environmental Protection Agency could take over the water quality permitting authority in Montana.
During a May 21 meeting, Matt Vincent from the Montana Mining Association criticized the lack of transparency and inclusivity in the Nutrient Work Group’s actions over the past six months. He also claimed the rules are overly deferential to federal agencies, particularly the EPA, and likely to be overturned.
In its response, the EPA highlighted components of the proposed rule that could allow “possible degradation” of aquatic life. It pointed out that under the state’s proposal, “months to years” of degradation may occur before data collection required to prevent the degradation would be mandated.
Because of legal constraints and timelines associated with publishing proposed rules and receiving public comments, it is improbable that DEQ will advance new rules in 2024.
Governor Greg Gianforte, who appointed Chris Dorrington as the DEQ leader in 2021, recently announced Dorrington’s move to head the Montana Department of Transportation, effective July 1. Sonja Nowakowski, DEQ’s current air, energy and mining division administrator, is set to step into Dorrington’s position at the same time.
When asked about the connection between personnel change and the rule rewriting situation, DEQ Public Policy Director Rebecca Harbage stated the decision was unrelated to the nutrient standards process.
—
Read More Montana News
