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Debate erupts over repeal of numeric nutrient criteria as DEQ warns permitting is stalled
Summary
Representative Bill Mercer and DEQ backed legislation to repeal statewide numeric nutrient criteria (Circular 12A), arguing the rule package lost critical variance authority and has left permitting stalled; conservation groups, municipalities and environmental organizations said repeal without an EPA‑approved replacement would weaken protections and prompt litigation.
Representative Bill Mercer opened a long, technical hearing on House Bill 6 64, which would repeal DEQ Circular 12A (numeric nutrient criteria) and direct the department to return to a narrative standard and a site‑specific variance framework. Mercer argued the numeric package adopted in 2015 was intended to be paired with a general variance mechanism that has since been limited by subsequent federal action, effectively decoupling the policy and leaving permitting unworkable.
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