1. On February 9, 2024, the Department of Environmental Quality (department) proposes to amend the above-stated rules.  On September 22, 2023, the department published Notice No. 17-432A, the first of an anticipated four rulemaking notices under the Notice No. 17-432. The department now anticipates publishing five proposal notices. This third notice is Notice No. 17-432C, in which the department is holding a hearing for the Water Quality Bureau pursuant to the U.S. Environmental Protection Agency regulations at 40 CFR § 131.20(b) that require a public hearing for revisions to water quality standards.

2. On November 29, 2023, at 10:30 a.m., the Department of Environmental Quality will hold a public hearing in Room 111 of the Metcalf Building, at 1520 E. Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

Members of the public may participate either in-person or virtually.  For in-person meetings.  Registration with Zoom may be made at the following link:  Join Zoom Meeting

 

Please click the link below to join the webinar:

https://mt-gov.zoom.us/j/81879894064?pwd=bkdBUGcrVG9lSW5mTk5XSlJYc2tuUT09

Passcode: 608869

Or One tap mobile :

    +12063379723,,81879894064#,,,,*608869# US (Seattle)

    +12133388477,,81879894064#,,,,*608869# US (Los Angeles)

Or Telephone:

    Dial(for higher quality, dial a number based on your current location):

    +1 206 337 9723 US (Seattle)

    +1 213 338 8477 US (Los Angeles)

    +1 646 558 8656 US (New York)

Webinar ID: 818 7989 4064

Passcode: 608869

    International numbers available: https://mt-gov.zoom.us/u/kb61M0DoqV

 

Or an H.323/SIP room system:

    H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East)

    Meeting ID: 818 7989 4064

    Passcode: 608869

    SIP: [email protected]

    Passcode: 608869

3.  General Reason Statement: During the 2021 legislative session, the legislature passed Senate Bill 233. Senate Bill 233 reassigned and transferred the rulemaking duties and powers of the Board of Environmental Review to the department. In addition, Senate Bill 233 repealed 75-6-103, 75-10- 106, 82-4-111, and 82-4-204, MCA. Through this rulemaking, the department will be implementing the 2021 changes to rulemaking authority by striking "board" and changing it to "department." The department will also update the citations to the MCA sections that have been repealed by Senate Bill 233. The department is making these changes to implement the 2021 statute and to clarify the change of authority to make it easier for the general public and the regulated community to determine the appropriate process and entity for future rulemakings.

 

4. The department proposes to amend the following rules, new matter underlined, deleted matter interlined. Please refer to the General Reason Statement above.

 

17.30.501  PURPOSE  (1)  The purpose of this subchapter is to implement 75-5-301(4), MCA, which requires the board department to adopt rules governing the granting of mixing zones consistent with the provisions of 75-5-302 through 75-5-307 and 80-15-201, MCA.

 

AUTH: 75-5-301, MCA

IMP: 75-5-301, MCA

 

17.30.502  DEFINITIONS  The following definitions, in addition to those in 75-5-103, MCA, and ARM Title 17, chapter 30, subchapters 6 and 7, apply throughout this subchapter:

(1) through (13) remain the same.

(14) The board department adopts and incorporates by reference Department Circular DEQ-7, entitled "Montana Numeric Water Quality Standards" (June 2019 edition), which establishes numeric water quality standards for toxic, carcinogenic, bioconcentrating, nutrient, radioactive, and harmful parameters.  Copies of Department Circular DEQ-7 are available from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

AUTH: 75-5-301, MCA

IMP: 75-5-301, MCA

 

17.30.606  STREAM CLASSIFICATION  (1)  Before streams are classified or standards established or modified, the board department shall hold a public hearing.

(a) through (d) remain the same.

 

AUTH: 75-5-201, MCA

IMP: 75-5-307, MCA

 

17.30.617  OUTSTANDING RESOURCE WATERS – DESIGNATION 

(1)  All state surface waters located wholly within the boundaries of designated national parks or wilderness areas as of October 1, 1995, are outstanding resource waters (ORWs).  Other state waters may be designated an ORW by the board department following the procedures in 75-5-316, MCA, subject to approval by the legislature.

 

AUTH:  75-5-301, 75-5-316, MCA

IMP:  75-5-316, MCA

 

17.30.619  INCORPORATIONS BY REFERENCE  (1) The board department adopts and incorporates by reference the following state and federal requirements and procedures as part of Montana's surface water quality standards:

(a) through (3) remain the same.

 

AUTH:  75-5-201, 75-5-301, MCA

IMP:  75-5-301, 75-5-313, MCA

 

17.30.630  TEMPORARY WATER QUALITY STANDARDS  (1)  Following are the temporary water quality standards and related provisions for New World Mining District:

(a)  The goal of the state of Montana is to have these waters support the uses listed for waters classified B-1 at ARM 17.30.623(1).  The standards for the parameters listed in this rule temporarily modify the specific standards for those parameters provided in ARM 17.30.623 for each of the water bodies listed below, until the temporary standards expire or are terminated by the board department.  The standards for parameters not listed in this rule are the specific standards listed in ARM 17.30.623.  The existing uses of the water bodies listed below must be maintained during the period that these temporary standards are in effect.  No increase from existing conditions for any of the parameters that have been temporarily modified (no decrease for pH) is allowed at any point in the affected stream segments.  The numerical standards for specific parameters listed below apply only at the downstream end of the stream segment.  The requirements of ARM 17.30.623update apply to the waters listed in this rule except where those requirements conflict with the temporary standards listed below.

(b) through (e) remain the same.

 

AUTH:  75-5-201, 75-5-312, MCA

IMP:  75-5-312, MCA

 

17.30.702  DEFINITIONS  The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter (Note: 75-5-103, MCA, includes definitions for "base numeric nutrient standards," "degradation," "existing uses," "high quality waters," "mixing zone," and "parameter"):

(1) through (20) remain the same.

(21)  "Reporting values (RRV)" means the detection level that must be achieved in reporting surface water or ground water monitoring or compliance data to the department unless otherwise specified in a permit, approval, or authorization issued by the department.  The RRV is the board's department's best determination of a level of analysis that can be achieved by the majority of commercial, university, or governmental laboratories using EPA approved methods or methods approved by the department.  The RRV is listed in Department Circular DEQ-7, Department Circular DEQ-12A, and in the definition of "total inorganic phosphorus."

(22) through (26) remain the same.

(27)  The board department adopts and incorporates by reference:

(a) through (e) remain the same.

 

AUTH:  75-5-301, 75-5-303, MCA

IMP:  75-5-303, MCA

 

17.30.706  INFORMATIONAL REQUIREMENTS FOR NONDEGRADATION SIGNIFICANCE/AUTHORIZATION REVIEW  (1) remains the same.

(2)  The department will determine whether a proposed activity may cause degradation based on information submitted by the applicant for all activities that are permitted, approved, licensed, or otherwise authorized by the department.   If the department determines that additional information is necessary to determine whether the activity is nonsignificant according to criteria established by the board department, the department may require the applicant to provide the information in (3)(a) through (e).

(3) through (12) remain the same.

(13)  The board department adopts and incorporates by reference ARM 17.30.1323, as amended on February 14, 2003, which sets forth signature and certification requirements for MPDES permit applications.  A copy of ARM 17.30.1323 may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

AUTH:  75-5-301, 75-5-303, MCA

IMP:  75-5-303, MCA

 

17.30.708  DEPARTMENT PROCEDURES FOR ISSUING PRELIMINARY AND FINAL DECISIONS REGARDING AUTHORIZATIONS TO DEGRADE 

(1) through (7) remain the same.

(8)  The board department hereby adopts and incorporates by reference ARM 17.30.1372, which sets forth procedures for issuing public notices of MPDES permit applications and hearings, and ARM 17.30.1041 which sets forth requirements for distribution and copying of public notices and permit applications.  Copies of ARM 17.30.1372 and 17.30.1041 may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

AUTH:  75-5-301, 75-5-303, MCA

IMP:  75-5-303, MCA

 

17.30.1007  SAMPLE COLLECTION, PRESERVATION, AND ANALYSIS METHODS  (1) and (2) remain the same.

(3)  The board department adopts and incorporates by reference the following publications:

(a) through (4) remain the same.

 

AUTH:  75-5-301, MCA

IMP:  75-5-301, MCA

 

17.30.1102  DEFINITIONS  In this subchapter, the following terms have the meanings or interpretations indicated below and shall be used in conjunction with and are supplemental to those definitions contained in 75-5-103, MCA.  If not defined in this rule, terms used in this subchapter have the meanings set out in the definitions in ARM Title 17, chapter 30, subchapter 13.

(1) through (10) remain the same.

(11)  "Montana pollutant discharge elimination system (MPDES) " means the system developed by the board and department for issuing permits for the discharge of pollutants from point sources into state waters.  The MPDES is specifically designed to be compatible with the federal NPDES program established and administered by the EPA.

(12) through (35) remain the same.

 

AUTH: 75-5-201, 75-5-401, MCA

IMP: 75-5-401, MCA

 

17.30.1201  PURPOSE AND SCOPE  (1)  The purpose of this subchapter is to establish effluent limitations and standards, treatment requirements, standards of performance, and other requirements for point sources discharging wastes into state surface waters.  These requirements, together with the rules in subchapter 13, are adopted to discharge the responsibilities of the board department under Title 75, chapter 5, parts 3 and 4, Montana Code Annotated, the Montana Water Quality Act, to adopt effluent limitations and standards, standards of performance, and treatment requirements for permits issued to point sources discharging into state surface waters.  These requirements are adopted in a manner that implements the national pollutant discharge elimination system (NPDES) established under sections 301, 302, 304, 306, 307, 316, 318, and 402 of the federal Clean Water Act.

 

AUTH:  75-5-304, MCA

IMP:  75-5-304, 75-5-401, MCA

 

17.30.1202  DEFINITIONS  The following definitions, in addition to those in 75-5-103, MCA, apply throughout this subchapter:

(1) through (27) remain the same.

(28)  "MPDES" means the Montana pollutant discharge elimination system developed by the Board of Environmental Review and the Department of Environmental Quality for issuing permits for the discharge of pollutants from point sources into state waters.

(29) through (37) remain the same.

(38)  The board department adopts and incorporates by reference the following federal regulations as part of the MPDES:

(a) through (c) remain the same.

 

AUTH:  75-5-304, MCA

IMP:  75-5-304, 75-5-401, MCA

 

17.30.1203  CRITERIA AND STANDARDS FOR IMPOSING TECHNOLOGY-BASED TREATMENT REQUIREMENTS IN MPDES PERMITS - VARIANCE PROCEDURES  (1) through (13) remain the same.

(14)  The board department adopts and incorporates by reference the following federal regulations as part of the MPDES:

(a) through (d) remain the same.

 

AUTH:  75-5-304, MCA

IMP:  75-5-304, 75-5-401, MCA

 

17.30.1206  TOXIC POLLUTANT EFFLUENT STANDARDS  (1) through (3) remain the same.

(4)  The board department adopts and incorporates by reference 40 CFR Part 129 (July 1, 2010), which establishes toxic effluent standards pursuant to section 307 of the federal Clean Water Act, as part of the MPDES.  A copy of the incorporated federal regulation may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620.

 

AUTH:  75-5-304, MCA

IMP:  75-5-304, 75-5-401, MCA

 

17.30.1207  EFFLUENT LIMITATIONS AND STANDARDS OF PERFORMANCE  (1) and (2) remain the same.

(3) The board department adopts and incorporates by reference 40 CFR Chapter I, Subchapter N (except 40 CFR Part 403) (July 1, 2010), which sets forth federal effluent limitations and standards for existing sources and standards of performance for new sources, which are promulgated by EPA under sections 301, 304(b), 306(b), and 316(b) of the federal Clean Water Act. 40 CFR Part 403, which is excluded from this incorporation by reference, sets forth general pretreatment requirements for new and existing sources.  A copy of the incorporated federal regulations may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620.

 

AUTH:  75-5-304, MCA

IMP:  75-5-304, 75-5-401, MCA

 

17.30.1211  TECHNOLOGY-BASED REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES  (1) through (9) remain the same.

(10)  In addition to the technology-based requirements of (7), (8), and (9), the owner or operator of a new facility must comply with any more stringent requirements relating to the location, design, construction, and capacity of a cooling water intake structure or monitoring requirements that the department determines are reasonably necessary to comply with applicable water quality standards adopted by the board department pursuant to 75-5-301 and 75-5-303, MCA.

(11)  The board department adopts and incorporates by reference the following federal regulations as part of the MPDES:

(a) through (d) remain the same.

 

AUTH:  75-5-305, 75-5-401, MCA

IMP:  75-5-305, 75-5-401, MCA

 

17.30.1212  INFORMATION REQUIREMENTS FOR COOLING WATER INTAKE STRUCTURES FOR NEW FACILITIES  (1) through (4) remain the same.

(5)  The board department adopts and incorporates by reference the following federal regulations as part of the MPDES:

(a) through (c) remain the same.

 

AUTH:  75-5-305, 75-5-401, MCA

IMP:  75-5-305, 75-5-401, MCA

 

17.30.1304  DEFINITIONS  In this subchapter, the following terms have the meanings or interpretations indicated below and shall be used in conjunction with and are supplemental to those definitions contained in 75-5-103, MCA.

(1) through (42) remain the same.

(43)  "Montana pollutant discharge elimination system" (MPDES) means the system developed by the board and department for issuing permits for the discharge of pollutants from point sources into state waters.  The MPDES is specifically designed to be compatible with the federal NPDES program established and administered by the EPA.

(44)  "MPDES form" means any issued MPDES permit and any uniform form developed for use in the MPDES and prescribed in rules adopted by the board department, including MPDES forms, MPDES permit applications, and MPDES reporting forms.

(45) through (83) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1322  APPLICATION FOR A PERMIT  (1) through (12)(d)(ii) remain the same.

(iii)  The following applicants shall sample and analyze for the pollutants listed in Appendix J, Table 2 of 40 CFR Part 122, and for any other pollutants for which the board department has established water quality standards applicable to the receiving waters:

(A) through (17) remain the same.

(18)  The board department adopts and incorporates by reference the following federal regulations as part of the Montana pollutant discharge elimination system.  Copies of these federal regulations may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

(a) through (f) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1330  CONCENTRATED ANIMAL FEEDING OPERATIONS

(1) through (9) remain the same.

(10)  The board department adopts and incorporates by reference the following federal regulations, which may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620:

(a) and (b) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1331  CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITIES AND AQUACULTURE PROJECTS  (1) through (5) remain the same.

(6) The board department hereby adopts and incorporates herein by reference Appendix C of 40 CFR Part 122 which is an appendix to a federal agency rule setting forth criteria for determining whether a facility or operation merits classification as a concentrated aquatic animal production facility.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1334  TECHNICAL STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATION  (1) through (11) remain the same.

(12)  The board department adopts and incorporates by reference the following, which may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620-0901, or on the department's web site at http://deq.mt.gov/default.mcpx.

(a) through (13) remain the same.

 

AUTH:  75-5-201, 75-5-401, 75-5-802, MCA

IMP:  75-5-201, 75-5-401, 75-5-802, MCA

 

17.30.1341  GENERAL PERMITS  (1)  The department may issue general permits for the following categories of point sources which the board department has determined are appropriate for general permitting under the criteria listed in 40 CFR 122.28 as stated in ARM 17.30.1105:

(a) through (12) remain the same.

(13)  The board department adopts and incorporates by reference the following federal regulations, which may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620-0901:

(a) through (c) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1342  CONDITIONS APPLICABLE TO ALL PERMITS  The following conditions apply to all MPDES permits.  Additional conditions applicable to MPDES permits are set forth in ARM 17.30.1344.  All conditions applicable to MPDES permits must be incorporated into the permits either expressly or by reference.  If incorporated by reference, a specific citation to these rules must be given in the permit.

(1) through (14) remain the same.

(15)  The board department adopts and incorporates by reference:

(a) and (b) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1343  ADDITIONAL CONDITIONS APPLICABLE TO SPECIFIC CATEGORIES OF MPDES PERMITS  (1) remains the same.

(2)  The board department adopts and incorporates by reference the following federal regulations, which may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620-0901:

(a) through (c) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1344  ESTABLISHING LIMITATIONS, STANDARDS, AND OTHER PERMIT CONDITIONS  (1) remains the same.

(2)  The board department hereby adopts and incorporates herein by reference:

(a) through (i) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1345  CALCULATING MPDES PERMIT CONDITIONS  (1) through (11) remain the same.

(12)  The board department adopts and incorporates by reference:

(a) through (f) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1346  DURATION OF PERMITS  (1) through (5) remain the same.

(6)  The board department adopts and incorporates by reference sections 301(b)(2) (A), (C), (E), and (F) of the federal Clean Water Act, 33 USC 1251, et seq., which set forth deadlines for achieving effluent limitations and treatment of toxic pollutants.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1354  DISPOSAL OF POLLUTANTS INTO WELLS, INTO PUBLICLY OWNED TREATMENT WORKS, OR BY LAND APPLICATION  (1) through (3) remain the same.

(4)  The board department adopts and incorporates by reference 40 CFR Part 125, subpart D, which is a series of federal agency rules setting forth criteria and standards for determining eligibility for a variance from effluent limitations based on fundamentally different factors (FDF).

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1361  MODIFICATION OR REVOCATION AND REISSUANCE OF PERMITS  (1) through (2)(c)(i)(A) remain the same.

(B)  the board department has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or changed a water quality standard on which the permit condition was based; and

(C) remains the same.

(ii)  for judicial decisions, a court of competent jurisdiction has remanded and stayed board department rules or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with ARM 17.30.1365 within 90 days of judicial remand;

(d) through (3) remain the same.

(4)  The board department adopts and incorporates by reference the following federal regulations, which may be obtained from the Department of Environmental Quality, Water Protection Bureau, P.O. Box 200901, Helena, MT 59620-0901:

(a) through (g) remain the same.

 

AUTH:  75-5-201, 75-5-401, MCA

IMP:  75-5-401, MCA

 

17.30.1803  NOTIFICATION REQUIREMENTS  (1)  Upon passage of a resolution of intention to create a local water quality district, the commissioners shall submit a copy of the resolution to the department as notification that the commissioners intend to develop a district program and to apply for board department approval of the program.  Submission of the resolution of intention to the department initiates the consultation process required by 75-5-311(1), MCA.

 

AUTH:  75-5-201, MCA

IMP:  75-5-311, MCA

 

17.30.1806  PROGRAM APPROVAL AND REPORTING  (1) remains the same.

(2)  Upon determination that the application is complete, the department shall must immediately notify the board of directors and submit the completed application to the board, along with provide a report and recommendation regarding approval of the district program.  At its next regularly scheduled meeting following the department's submission of the report and recommendation under this rule, the board shall The department must hold a hearing on the application within 60 days following this notification.

(3)  Prior to implementation of the local water quality district program in areas that have been added to the district, changes in the boundaries of a district must be described in a program amendment and submitted to the board department for approval as an amendment to the approved program in accordance with 75-5-311(7), MCA, and the procedures in (1) and (2) of this rule.

(4)  One year after board department approval of a district program and annually thereafter, the board of directors shall submit to the department a report that evaluates the effectiveness of the district program.  The report shall include a description of program activities, a discussion of the degree to which program goals, objectives, and schedules have been satisfied, monitoring results, a budget summary, and a description of the number and status of permits issued and enforcement actions initiated, as applicable to a particular district program.

(5) remains the same.

 

AUTH:  75-5-201, MCA

IMP:  75-5-311, MCA

5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the department, at 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; telephone (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-432rulemaking @mt.gov, and must be received no later than 11:59 p.m., December 1, 2023.

 

6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the department at the above address no later than 5:00 p.m., November 23, 2023.

 

 

8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by the department.

 

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register. 

 

10. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor was contacted by mail on July 5, 2023.

 

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.