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House committee advances bill to uncouple numeric nutrient criteria from variance authority in Montana water rules
Summary
Lawmakers voted to advance House Bill 664, which would change how nutrient (nitrogen and phosphorus) numeric criteria and variance authority interact in Montana’s water quality regulatory framework; supporters said the present rules have produced litigation and regulatory paralysis, while opponents warned about downstream impacts and costs.
Representative Mercer, sponsor of House Bill 664, told the committee the state’s numeric nutrient standards and the related variance authority created under prior rule‑making have produced litigation that has blocked the Department of Environmental Quality (DEQ) from issuing effective permits. “This bill is designed to say the 12a standard being uncoupled from a meaningful 12b variance authority never would have been approved,”…
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