Water Quality | Narrative Nutrient Standards Rulemaking | Comment Period Ends June 10, 2024 | Public Hearing June 10, 2024
The proposed notice of rulemaking for the transition for nutrient standards was published in Issue 8 of the Montana Administrative Register today (April 26, 2024) as Notice No. 17-434. The proposed rulemaking action implements statute at 75-5-321, MCA, and Senate Bill 358 which was adopted by the 2021 Montana Legislature.
The action includes adoption of NEW RULE I, NEW RULE II, and Department Circular DEQ-15, as well as rule amendments and repeals. NEW RULE I describes how narrative nutrient standards will be translated to determine whether water quality standards are met in state surface waters. NEW RULE II describes the implementation of an Adaptive Management Program within the Montana Pollutant Discharge Elimination System (MPDES) permitting program. Department Circular DEQ-15 (March 2024 edition) provides procedures and requirements related to both new rules.
The proposed rulemaking amends rules to (a) delete references to Department Circular DEQ-12A, Department Circular DEQ-12B, base numeric nutrient standards, and nutrient standards variances, (b) incorporate permit fees related to the new Adaptive Management Program, (c) amend related nondegradation rules, and (d) improve clarity. The proposed rulemaking also repeals ARM 17.30.1388 which is rendered unnecessary and redundant with the adoption of the new rules, and repeals ARM 17.30.660 as an administrative update to remove a rule which was directly repealed by Senate Bill 358.
Associated Materials and Links:
- MAR Notice No. 17-434 (April 26, 2024)
- Circular DEQ-15 (March 2024 Edition, Draft)
- Guidance Document in Support of Department Circular DEQ-15 (Draft)
- Technical Support Document: Summary Document
- Technical Support Document: An Analysis of Daily Patterns of Dissolved Oxygen Change in Flowing Waters of Montana
- Technical Support Document: Eutrophication Thresholds Associated with Benthic Macroinvertebrate Conditions in Montana Streams
- Nutrient Assessment Method: Wadeable Streams and Medium Rivers (Draft)
- Nutrient Assessment Method: Large Rivers (Draft)
Comment Period Ends: June 10, 2024 at 5:00 PM
Public Hearing Information:
June 10, 2024 at 10:00 AM
Room 111, DEQ Metcalf Building
1520 East 6th Ave.
Helena, MT 59601
Or join the Hearing online via Zoom:
https://mt-gov.zoom.us/j/86122594706?pwd=T0crdWxwUTVsZlQ0Nk5EeTU1OVkxZz09
Webinar ID: 861 2259 4706
Passcode: 362275
Telephone: (206) 337-9723
Send Comments To:
Department of Environmental Quality
Water Quality Planning Bureau
PO Box 200901
Helena, MT 59620
Or electronically to: DEQMAR17-434@mt.gov
Tags: Public Comment, Water, Public Meeting and Rule Making