Sponsor Seeks Repeal of Numeric Nutrient Criteria; DEQ and Municipalities Cite Practical Impasse

Representative Mercer opened House Bill 664 by tracing Montana’s long experience with numeric nutrient criteria and variances and urging repeal of DEQ’s Circular 12A and the statewide numeric nutrient rules that, in the sponsor’s view, have not worked as intended.

DEQ Director Sonya Nowakowski testified as a proponent of repeal, telling the committee ‘‘this bill repeals the numeric criteria, but it doesn't get rid of the 30 years of science’’ and arguing the numeric package was adopted as a paired rule (numeric criteria and a general variance framework) that no longer functions because the variance authority the package relied on is not available. Lindsey Krivaruchka (DEQ Water Quality Division) said DEQ spent years and nearly $2 million attempting to implement the numeric approach, reduced permitting output because of legal and technical uncertainty, and that repeal would allow DEQ to return to narrative criteria and issue defensible permits while the state, EPA and stakeholders work toward a replacement.

Proponents—including municipal officials from Billings, Bozeman and Helena, the Montana League of Cities and Towns, Montana Mining Association, Montana Rural Water and industry trade groups—argued numeric criteria have imposed very high capital costs and practical obstacles. City of Billings witnesses said the city has spent about $80 million to remove roughly 90% of nutrients and that removing the final fraction of nutrient load would cost an estimated $250 million and bring outsized greenhouse‑gas and chemical costs with limited water‑quality gain.

Opponents including environmental groups, the Clark Fork Coalition, Flathead Lakers and others argued repeal without a scientifically defensible replacement would violate the Clean Water Act and risk EPA disapproval, the loss of state delegated permitting authority, and long litigation. Opponents said numeric criteria had produced measurable water‑quality improvements in some basins (Clark Fork reductions in nitrogen and phosphorus were cited) and that individual variances, compliance plans and existing trading tools already provide implementation pathways.

DEQ and several municipal and industry witnesses said the repeal would prompt EPA engagement and a joint process; opponents warned repeal could trigger loss of the state NPDES program and litigation. The transcript records robust testimony from both sides and no committee vote.