DEQ to Conduct Additional Review of Comments, Pauses Rulemaking Process for Narrative Nutrient Water Quality Standards
HELENA—The Montana Department of Environmental Quality (DEQ) announced Wednesday that the agency is conducting additional review of comments provided by members of the public on narrative nutrient water quality standards and while doing so, will temporarily pause its rulemaking efforts.
“DEQ and the Nutrient Work Group have poured time and resources into getting this right,” said DEQ Director Chris Dorrington. “After more than 40 meetings over a three-year period, DEQ decided to move the process forward to formal rulemaking. I said when we published the draft rules that we would continue listening and we did. I would like to thank Senator Esp, and the Water Policy Interim Committee for their thoughtful approach to hearing all sides of this complex Montana issue, and Chair Walsh for his leadership.”
The draft administrative rules, published on April 26, 2024, were developed in consultation with a diverse stakeholder work group through a multi-year process following the passage of Senate Bill 358 in 2021. The bill required implementing narrative nutrient standards with an adaptive management program option.
The formal rulemaking process did not end public discourse and DEQ hired a facilitator to help gather additional perspectives from key stakeholders during the 45-day public comment period that ended June 10, 2024. An additional facilitated work group meeting was held on May 29, 2024, for the purpose of reflecting on the draft rules and the process to-date. In addition to receiving feedback from the Nutrient Work Group, DEQ has worked closely with the Legislature's Water Policy Interim Committee to take a thoughtful approach to implementation of Senate Bill 358. The pause in rulemaking will allow DEQ more time to consider the substantive comments received and means that the proposed rule package will not move forward to adoption.
“Montana’s waters are a precious resource and integral to our way of life and nutrient pollution is a complex issue for our state,” said DEQ Water Quality Division Administrator Lindsey Krywaruchka. “DEQ applied the best available Montana-based science in developing this rule package. The work group provided valuable perspectives about treatment costs and the need for flexibility. But, it’s clear we need more time to carefully consider the feedback we’ve received regarding this complicated subject.”
DEQ will continue reviewing comments received on the draft rules. Next steps will include additional stakeholder engagement through an intentional dialogue that builds on the work that has already been done. The goal of the process is to continue working toward the narrative standards and adaptive management option required by Senate Bill 358, in a manner that is at least as protective of water quality as the numeric standards previously approved by the U.S. Environmental Protection Agency.
Tags: Water, Press Release and Rule Making