News
EPA nixes Montana’s new water quality standards
Published
2 years agoon
Posted By
AdminThe federal agency deems a shift to narrative water quality standards insufficient to protect Montana waterways.
By Amanda Eggert MONTANA FREE PRESS
The Environmental Protection Agency thwarted Montana lawmakers’ attempt to loosen water quality standards on May 10, telling the state that it acted out of turn by adopting a new regulatory framework without first obtaining federal approval.
In a May 10 letter to the Montana Department of Environmental Quality, the EPA asserted that a law passed by the Montana Legislature last year runs afoul of the federal Clean Water Act. The agency said it’s concerned that the state’s repeal of numeric standards for nitrogen and phosphorus in water bodies as codified in Senate Bill 358 has led to degraded water bodies and lacks a grounding in science.
The letter says the state’s attempt to overhaul water quality standards by shifting from a numeric standard for nutrients to a more subjective narrative standard is “not consistent with” requirements outlined in the Clean Water Act. It also says the shortcomings of narrative standards have been evident in DEQ’s permitting process since SB 358 went into effect.
“The state’s permitting record over the past two years demonstrates that the implementation of the narrative criteria alone does not protect the designated use,” EPA Water Division Director Darcy O’Connor said in the letter, referencing a provision of the Clean Water Act that requires regulatory agencies to protect water bodies for established uses such as recreation or aquatic life.
A 2020 report found that 35 percent of Montana’s river miles and 22 percent of its lake acreage evaluated by DEQ are considered impaired by nutrient pollution, which can kill fish and produce elevated toxins and bacterial growth harmful to human health in severe cases.
As a federal agency charged with administering the Clean Water Act, the EPA’s authority supersedes DEQ’s. The EPA’s action effectively puts numeric nutrient standards that had been in place for nearly a decade prior to SB 358’s passage back into play, for the time being. The reversal will affect DEQ’s process for issuing permits to sewage treatment plants and other waterway dischargers such as mining companies and oil refineries.
Since lawmakers in Helena first started debating SB 358 during the 2021 legislative session, Bozeman-based environmental group Upper Missouri Waterkeeper has opposed it, arguing that science, not permit holders’ political influence, should drive water quality standards. After Gov. Greg Gianforte signed the measure into law in late April, the group flagged its adoption for the EPA.
“The State of Montana and special interests were rightfully rebuffed by the EPA for failing to use best available science and adhere to the law. Waterkeeper warned Gov. Gianforte and the DEQ that rolling back clean water protections was contrary to federal clean water law and science-based standards, and an egregious disservice to Montanans and our world-class waterways,” Upper Missouri Waterkeeper Executive Director Guy Alsentzer said in an emailed statement.
DEQ spokesperson Moira Davin confirmed the department’s receipt of EPA’s letter and said in an email that the department is still mulling what it means for the state’s implementation of nutrient water quality standards.
“DEQ has been working closely with the EPA throughout this entire process and all final Montana pollutant discharge elimination system (MPDES) permits are provided to EPA for their review,” Davin added.
As referenced in DEQ’s comment, it’s not yet clear how the EPA’s directive will influence the operations of the Nutrient Work Group, a DEQ advisory council that had been drafting a set of replacement nutrient standards. Representatives from local and federal government, conservation nonprofits, and oil and gas, mining and wood products industries sit on the Nutrient Work Group. It’s set to discuss the EPA’s letter when it meets tomorrow, May 17.
Montana League of Cities and Towns Executive Director Kelly Lynch said she expects the group will move forward in developing an “adaptive management” framework that will use numeric standards but allow for a more flexible implementation of those targets based on existing and projected conditions such as a waterway volume and temperature.
“We would like the state to move to an adaptive management program that essentially uses watershed planning and permitting to make the best decisions about what actions should be taken to improve water quality the most, for the least amount of cost,” Lynch said.
Lynch also said she’d like DEQ to conduct that kind of cost-benefit analysis so that permit holders can fund projects that will support cost-effective water quality improvement.
“We are not interested in degrading water quality in Montana,” Lynch added. “We want to protect the water. We want to do it in the most reasonable way, instead of just sticking to numbers because they’re numbers.”
In an email to Montana Free Press, EPA indicated that it will continue working with DEQ through the next phase of developing nutrient standards.
“The agency remains committed to working with all parties towards a solution that is consistent with the Clean Water Act and EPA’s implementing regulation,” EPA media officer Laura Flynn Jenkins said.
It remains to be seen how the EPA letter will influence the trajectory of a lawsuit Waterkeeper filed in March seeking to compel the EPA to decisively approve or disapprove Montana’s revised water quality standards.
“We will take a hard look at EPA’s disapproval letters and work in good faith with EPA to assure any unnecessary litigation will be avoided,” Waterkeeper Outreach Director Quincey Johnson wrote in an email to MTFP.
As of Wednesday, May 11 evening, the EPA had not responded to Waterkeeper’s March 24 complaint.
Upcoming Events
april, 2024
Event Type :
All
All
Arts
Education
Music
Other
Sports
Event Details
Children turning 5 on or before 9/10/2024:
more
Event Details
Children turning 5 on or before
9/10/2024: Kindergarten
enrollment for the 2024-2025 school year can be completed by following the
registration process now.
Children
born on or after September 11, 2019: 4K enrollment is now open for
families that have a 4-year-old they would like to enroll in our program for
the 2023-2024 school year. Please complete the 4K Interest Form to
express your interest. Completing this form does not guarantee enrollment into
the 4K program. Enrollment is capped at twenty 4-year-olds currently
residing within Big Sky School District boundary full time and will be
determined by birth date in calendar order of those born on or after September
11, 2018. Interest form closes on May 30th.
Enrollment now is critical for fall preparations. Thank you!
Time
February 26 (Monday) - April 21 (Sunday)
Event Details
Saturday, March 23rd 6:00-8:00pm We will combine the heart-opening powers of cacao with the transcendental powers of breathwork and sound. Together, these practices will give us the opportunity for a deep
more
Event Details
Saturday, March 23rd 6:00-8:00pm
Time
March 23 (Saturday) 6:00 pm - April 23 (Tuesday) 8:00 pm
Location
Santosha Wellness Center
169 Snowy Mountain Circle
Event Details
We all are familiar with using a limited palette, but do you use one? Do you know how to use a
more
Event Details
We all are familiar with using a limited palette, but do you use one? Do you know how to use a limited palette to create different color combinations? Are you tired of carrying around 15-20 different tubes when you paint plein air? Have you ever wanted to create a certain “mood” in a painting but failed? Do you create a lot of mud? Do you struggle to achieve color harmony? All these problems are addressed in John’s workbook in clear and concise language!
Based on the bestselling “Limited Palatte, Unlimited Color” workbook written by John Pototschnik, the workshop is run by Maggie Shane and Annie McCoy, accomplished landscape (acrylic) and plein air (oil) artists,exhibitors at the Big Sky Artists’ Studio & Gallery and members of the Big Sky Artists Collective.
Each student will receive a copy of “Limited Palette, Unlimited Color” to keep and take home to continue your limited palette journey. We will show you how to use the color wheel and mix your own clean mixtures to successfully create a mood for your paintings.
Each day, we will create a different limited palette color chart and paint a version of a simple landscape using John’s directives. You will then be able to go home and paint more schemes using the book for guidance.
Workshop is open to painters (oil or acrylic) of any level although students must have some basic knowledge of the medium he or she uses. Students will be provided the book ($92 value), color wheel, value scale and canvas papers to complete the daily exercises.
Sundays, April 14, 21 and 28, 2024
Noon until 6PM.
$170.
Time
14 (Sunday) 12:00 pm - 28 (Sunday) 6:00 pm
Event Details
Come join us at Cowboy Coffee as we celebrate a fun night of drinks, games, and meeting others within the community. This event is from 6-8 and all are welcome
Event Details
Come join us at Cowboy Coffee as we celebrate a fun night of drinks, games, and meeting others within the community. This event is from 6-8 and all are welcome to come, if you don’t know who to bring come alone this is a great mixer event! This is an event hosted by Big Sky OUT as we work to provide queer safe spaces throughout the community.
Time
(Sunday) 6:00 pm - 8:00 pm
Location
Cowboy Coffee
25 Town Center Ave. Big Sky, MT 59716