HomeMy WebLinkAbout12-23-16 Correspondence - DEQ to Commission - ARM Amendments Pertaining to Ground and Surface Water Monitoring, Definitions, Use and Classification Standards s�
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Montana Department
of Environmental Quality
NOTICE OF ADMINISTRATIVE RULEMAKING
TO: Interested Parties
FROM: Myla Kelly, Water Quality Standards and Modeling Section Supervisor
Water Quality Planning Bureau
Water Quality Division
Montana Department of Environmental Quality
SUBJECT: Amendment of ARM 17.24.645, 17.24.646, 17.30.502, 17.30.607, 17.30.608, 17.30.609,
17.30.610, 17.30.611, 17.30.619, 17.30.621, 17.30.622, 17.30.623, 17.30.624, 17.30.625, 17.30.626,
17.30.627, 17.30.628, 17.30.629, 17.30.641, 17.30.646. 17.30.650, 17.30.651, 17.30.652, 17.30.653,
17.30.654, 17.30.655, 17.30.656, 17.30.657, 17.30.702, 17.30.715, 17.30.1001, 17.30.1007, 17.30.1322,
17.36.345, 17.55.109, 17.56.507, and 17.56.608 pertaining to ground and surface water monitoring,
definitions, use and classification standards and adoption by reference of revisions to Department
Circular DEQ-7.
A notice of the proposed amendments to Board of Environmental Review and Department of
Environmental Quality rules is enclosed. The proposed changes are necessary to adopt by reference
several proposed changes to DEQ-7 including grammar, wordsmithing, and technical edits, error
corrections, and reference updates.Additionally DEQ proposes adopting 80 new and updated National
Recommended Water Quality Criteria (NRWQC)for the protection of human health, 67 updated
pesticide health advisories recalculated based on EPA's new human exposure inputs,five new pesticide
health advisories,five updated maximum contaminant levels (human health), and two new NRWQC for
the protection of aquatic life. DEQ proposes updating the sources of information for 17 human health
criteria;the toxic and carcinogenic categories of four pollutants;and removing the references to four
narrative criteria in ARM 17.30 subchapter 6.
The proposed revisions to Subchapters 6 and 7 of the water quality rules fall into four categories: (1)
addition of"most probable number" (mpn) as acceptable units for E. coli measurements; (2)
modification of surface water classifications to more specifically define drainages subject to each
classification by latitude and longitude for use classification start and end points and to remove tribal
waters from Montana's use classifications because Montana does not have jurisdiction over tribal
waters and recognizes standards imposed by the jurisdictional agencies for these waters; (3)
incorporation by reference of the compliance schedule authorizing provision in the Montana Pollutant
Discharge Elimination System rules, and amendment of the 40 CFR 136 reference in several rules to the
more current 2015 version of the regulation; and (4) clarification in the nondegradation rules that the
Clark Fork River is subject to nondegradation review for nutrients.
An electronic copy of the proposed changes to DEQ-7 and the attached rule notice may be obtained at:
http://deg.mt.gov/Water/WQPB/Standards or by contacting Amy Steinmetz at the Department of
Environmental Quality, Metcalf Building PO Box 200901, Helena, MT 59620-0901;406-444-0371 fax 406-
444-6836; Email: asteinmetz@mt.gov
Steve Bullock,Governor I Tom Livers, Director I P.O.Box 200901 1 Helena,MT 59620-0901 1 (406)444-2544 1 www.deq.mt.gov
Written data,views, or arguments regarding the proposed rule amendments and changes to DEQ-7 may
be submitted to Denise Hartman, Department of Environmental Quality, 1520 E Sixth Ave, PO Box
200901, Helena, Montana 59620-0901; phone 406-444-2630; fax 406-444-4386 or email at
dhartman2@mt.gov no later than February 20, 2017 at 5:00 p.m.To be guaranteed consideration,
mailed comments must be postmarked on or before this date.
The Board and DEQ will make reasonable accommodations for individuals with disabilities who wish to
participate in the hearing or need an alternative accessible format of this notice. If you require an
accommodation,contact DEQ no later than 5:00 p.m. February 3, 2017,to advise us of the nature of the
accommodation that you need. Please contact Denise Hartman at Department of Environmental Quality,
PO Box 200901, Helena, Montana 59620-0901; phone 406-444-2630;fax 406-444-4386 or email at
dhartman2@mt.gov.
If you wish to receive rule notices by email or to be removed from the interested persons list, please
contact Amy Steinmetz at the Department of Environmental Quality, Metcalf Building PO Box 200901,
Helena, MT 59620-0901;406-444-0371 fax 406-444-6836; Email: asteinmetz@mt.gov and provide any
updates to your contact information.
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BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY
OF THE STATE OF MONTANA
In the matter of the amendment of ) NOTICE OF PUBLIC HEARING
ARM 17.24.645, 17.24.646, ) ON PROPOSED AMENDMENT
17.30.502, 17.30.607, 17.30.608, ) }
17.30.609, 17.30.610, 17.30.611, } (RECLAMATION)
17.30.619, 17.30.621, 17.30,622, ) (WATER QUALITY)
17.30.623, 17.30.624, 17.30.625, ) (SUBDIVISIONS)
17.30.626, 17.30.627, 17.30.628, ) (CECRA)
17.30.629, 17.30.641, 17.30.646 } (UNDERGROUND STORAGE
17.30.650, 17.30.651, 17.30.652, } TANKS)
17.30.653, 17.30.654, 17.30.655, }
17.30.656, 17.30.657, 17.30.702, )
17.30.715, 17,30.1001, 17.30.1007, ) 3
17.30.1322, 17.36.345, 17.55.109, )
17.56.507, and 17.56.608, pertaining }
to ground and surface water }
monitoring, definitions, use and )
classification standards, and adoption )
by reference ) :
E
TO: All Concerned Persons
1. On February 10, 2017, at 9:00 a.m., the Board of Environmental Review
and the Department of Environmental Quality will hold a public hearing in Room 111
of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the
proposed amendment of the above-stated rules.
2. The board and department will make reasonable accommodations for
persons with disabilities who wish to participate in this rulemaking process or need
z
an alternative accessible format of this notice. If you require an accommodation,
contact Hillary Houle, no later than 5:00 p.m., February 3, 2016, to advise us of the
nature of the accommodation that you need. Please contact Hillary Houle, Director
Office Support Coordinator, Department of Environmental Quality, P.O. Box 200901,
Helena, Montana 59620-0901; phone (406) 444-2544; fax (406) 444-4386; or e-mail
hhoule@mt.gov.
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3. The rules proposed to be amended provide as follows, stricken matter
interlined, new matter underlined:
17.24.645 GROUND WATER MONITORING (1) through (5) remain the
same.
(6) Methods of sample collection, preservation, and sample analysis must be
conducted in accordance with 40 CFR Part 136 titled "Guidelines Establishing Test
Procedures for the Analysis of Pollutants" (July 2-OW 2015) and the department's
MAR Notice No. 17-389
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document titled "Department Circular DEQ-7, Montana Numeric Water Quality
Standards," QGtebeF 20 [effective month and year of this rule amendmentl edition.
Copies of Department Circular DEQ-7 are available at the Department of
Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, MT 59620-
0901. Sampling and analyses must include a quality assurance program acceptable
to the department.
(7) and (8) remain the same.
AUTH: 82-4-204, MCA
IMP: 82-4-231, 82-4-232, MCA
REASON: See reasons below (ARM 17.24.646 and ARM 17.30.502).
17.24.646 SURFACE WATER MONITORING (1) through (5) remain the
same.
(6) Methods of sample collection, preservation, and sample analysis must be
conducted in accordance with 40 CFR Part 136 titled "Guidelines Establishing Test
Procedures for the Analysis of Pollutants" (July 2003 2015) and Part 434 titled "Coal
Mining Point Source Category BPT, BAT, BCT Limitations and New Source
Performance Standards" (January 2002), and the OetebeF ` 01- [effective month and
year of this rule amendmentl edition of the department's document titled
"Department Circular DEQ-7, Montana Numeric Water Quality Standards." Copies
of 40 CFR Part 136, 40 CFR 434, and Department Circular DEQ-7 are available at
the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901,
Helena, MT 59620-0901. Sampling and analyses must include a quality assurance
program acceptable to the department.
(7) remains the same.
AUTH: 82-4-204, MCA
IMP: 82-4-231, 82-4-232, MCA
REASON: See reason statement below (ARM 17.30.502) for DEQ-7
amendment.
Outdated versions of 40 CFR Part 136 are referenced at ARM 17.24.645 and
646, ARM 17,30.619, 641, and 646, ARM 17.30.1007, and ARM 17.30.1322. The
board proposes updating these references to the 2015 version in order to stay
current with federal requirements and maintain primacy for regulation under the
Federal Water Pollution Control Act. A summary of new and revised approved
analytical methods in the 2015 version of 40 CFR 136 can be seen in the Federal
Register from February 19, 2015. (See 80 Fed. Reg. 8956 available at
https://www.epa.gov/cwa-methods/cwa-methods-regulatory-history. Copies are also
available at the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O.
Box 200901, Helena, MT 59620-0901.)
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:
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(1) through (13) remain the same.
(14) The board adopts and incorporates by reference Department Circular
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DEQ-7, entitled "Montana Numeric Water Quality Standards" (Ootober 204-
[eff_ective month and year of this rule amendment) edition), which establishes 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, 80-15-105, MCA
IMP: 75-5-301, 80-15-201, MCA
REASON: The proposed Circular DEQ-7 can be viewed on the department's
website at http://deq.mt.govMaterANQPB/Standards. Modifications to the circulars
and the reasons for the modifications are as follows:
Grammar, wordsmithing, and technical edits: The board proposes the
following edits to improve the readability, searchability, and accuracy of DEQ-7:
adding units to all columns in the table; correcting the spelling of Indeno(1,2,3-
cd)pyrene; and using dashes instead of hyphens throughout the document and
noting in the introduction that dashes must be used for the search function to work
properly. Finally, PCBs is not possessive and the apostrophe has been removed in
order to be consistent with the department's editorial guidelines.
The board also proposes removing the numbers assigned by N. Irving Sax
(SAX) to dangerous materials. These numbers are taken from Dangerous
Properties of Industrial Materials. They are not available for all chemicals included
in DEQ-7. Additionally, the board found that users seeking SAX numbers obtain
them directly from SAX's Dangerous Properties of Industrial Materials rather than
obtaining information within DEQW7. Chemical Abstract Service Registry Numbers
(CASRN) and National Institute for Occupational Safety and Health (NIOSH)
numbers are included in DEQ-7. These numbers are much more widely used
chemical identifiers. CASRN and NIOSH numbers will continue to be maintained
and updated in DEQ-7. However, the board proposes removing SAX numbers to
avoid unnecessary updates to information that is not essential in DEQ-7.
The board proposes to edit the wording in footnote (1) as follows to remove
confusion about the origin of the harmful category in DEQ-7: "Footnote (1)
discusses the categories of parameters (harmful, toxic, or carcinogenic)." In the
previous version of DEQ-7 the harmful category was mentioned separately from the
other two, and it was unclear whether it was intended as a separate category.
Correction of errors: The board proposed a correction of errors in the human
health criterion for dioxin in surface water listed in DEQ-7, which is 5x10"9. Dioxin is
a priority pollutant and EPA's human health criterion for dioxin with a 1x10"6 excess
lifetime cancer risk is 5xl0-9. Section 75-5-301(2)(a), MCA, requires that the criteria
be based on an excess lifetime cancer risk level of 1x10-5. The board proposes
correcting the surface water human health criterion for dioxin to 5x10 in order to
comply with the statute.
The board proposes to correct a misplaced decimal place in the criteria for
beta emitters and gamma emitters. DEQ-7 currently has both parameters set at 0.4
millrem (mrem) per yr. The EPA maximum contaminant levels (MCL), which DEQ-7
MAR Notice No. 17-389
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references for beta emitters and gamma emitters, are both listed at 4 mremslyr.
Section 75-5-203, MCA, states that Montana's water quality standards cannot be
more stringent than federal standards unless the board finds evidence that a more
stringent standard is necessary to protect public health. The board does not have
evidence that a more stringent standard is necessary to protect human health, and
proposes correcting the human health criteria for beta emitters and gamma emitters
to 4 mrems/year in order to comply with Montana statute.
Footnote (7): The units in footnote (7) are currently stated in micrograms per
liter (pg/L) in order to provide more consistency throughout the document. However,
the equations presented in footnote (7) are written in milligrams per liter (mg/L). The
board proposes changing the units for the equations back to mg/L for accuracy. The
tables in footnote (7) are accurately presented in pg/L and will remain as such.
Footnote (19): Required reporting values (RRVs) in DEQ-7 are based on
data provided by environmental laboratories for the methods they use for each
pollutant. Revised footnote (19) provides that, based on the method of calculation
and the number of programs that use DEQ-7, there are situations where DEQ may
require alternate reporting values to meet analytical and reporting needs. The
Montana Pollutant Discharge Elimination System (MPDES) permitting program uses
RRVs. For certain parameters, such as total residual chlorine, the RRV in DEQ-7 is
not low enough to meet their needs.
Footnote (39): The board is proposing that footnote (39) relating to
endosulfans only apply to aquatic life criteria in order to be consistent with 304(a)
national recommended water quality criteria (NRWQC). In the aquatic life table of
NRWQC, the listings for alpha- and beta-endosulfan include the following note:
"This value was derived from data for endosulfan and is most appropriately applied
to the sum of alpha-endosulfan and beta-endosulfan." The NRWQC's
recommendations for human health do not contain the same note.
EPA has generally approved multiple methods for Clean Water Act pollutants
under 40 CFR part 136 and 40 CFR chapter I, subchapters N and O. Some of the
approved analytical methods have greater sensitivities and lower minimum levels or
method detection limits than other approved methods for the same pollutant. In
August 2014, EPA amended its Clean Water Act regulations to state that NPDES
program (the federal equivalent of the MPDES program) permit applicants must use
EPA-approved sufficiently sensitive analytical methods for analysis of pollutants or
pollutant parameters in permits. These sufficiently sensitive methods must be
capable of detecting and measuring the pollutants at or below the applicable water
quality criteria or permit limits.
By requiring sufficiently sensitive methods for analysis of pollutants under a
MPDES permit, MPDES permit writers will have the ability to require an approved
method that is sufficiently sensitive to meet the needs of the permit, and DEQ will
ensure that data meaningful to the decision-making process will be generated and
reported. Therefore, the board proposes including a statement in footnote (19)
referring to EPA's sufficiently sensitive method requirement and stating that it
supersedes the RRVs in DEQ-7 where the sufficiently sensitive methods generate
lower reporting limits than those required by the RRVs.
Updates to human health criteria: In June 2015, EPA updated ambient water
quality criteria for the protection of human health for 94 chemical pollutants. These
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updated criteria reflect the latest scientific information and EPA policies, including
updated body weight, drinking water consumption rate, fish consumption rate,
bioaccumulation factors, health toxicity values, and relative source contributions.
(See 80 Fed. Reg. 36986 (June 29, 2015) available at
https://www.epa.gov/wqc/human-health-water-quality-criteria. Copies are also
available at the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O.
Box 200901, Helena, MT 59620-0901). The board proposes adoption of these
updated human health criteria and revisions to the introduction of DEQ-7 to reflect
the updated exposure inputs (drinking water intake was updated from 2 liters of
water to 2.4 liters of water, the average adult body weight was updated from 70
kilograms (kg) to 80 kg, and the fish consumption rate was updated from 17.4 grams
per day to 22 grams per day). The board also proposes revising the source of the
criteria in DEQ-7 consistent with EPA's recommended criteria (e.g., chlorobenzene
changes from MCL to priority pollutant (PP).
The board also proposes updating an additional 67 human health criteria in
DEQ-7. These criteria are primarily pesticides for which EPA and DEQ have
calculated health advisories. They are being recalculated using EPA's 2015 adopted
exposure inputs described above in order to remain consistent with federal
requirements.
The board proposes updating the human health criterion for total
trihalomethanes. This criterion is based on the Safe Drinking Water Act maximum
contaminant level. This change is proposed to make DEQ-7 consistent with federal
requirements and DEQ's drinking water program.
Addition of new human health criterion: Dinitrophenols is an EPA 304(a)
recommended criterion not currently listed in DEQ-7. The board proposes including
this pollutant in DEQ-7 for consistency and compliance with federal regulations.
Updates to aquatic life criteria: The board proposes adoption of carbaryl as
new aquatic life criteria and revisions to the cadmium aquatic life criteria consistent
with the EPA 304(a) recommended criteria. For more information see:
https://www.epa.gov/wqc/aquatic-life-criteria-carbaryl and
https://www.epa.gov/wqc/aquatic-life-criteria-cadmium. Copies are also available at
the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901,
Helena, MT 59620-0901.
Addition of new pesticides: The Montana Agricultural Chemical Groundwater
Protection Act requires the board to adopt pesticide human health criteria for
groundwater when new pesticides without criteria are found in groundwater in
Montana. New pesticides discovered in groundwater in Montana for which criteria
have been calculated include clothianidin, glufosinate ammonium, saflufenacil,
thiamethoxam, and sulfentrazone.
Removal of criteria for color,_turbidit ram, pH, and temperature: The board
proposes removal of color, turbidity, pH, and temperature from DEQ-7. The purpose
of DEQ-7 is to house numeric water quality criteria. The criteria for color, turbidity,
pH, and temperature describe the values for those criteria based on natural
conditions. In some stream classifications, these criteria reflect a slight variation of
the natural condition. Natural conditions vary based on many factors, including
changes in season and flow. Because color, turbidity, pH, and temperature do not
have a set maximum value, they are not true numeric criteria. They are narrative
MAR Notice No. 17-389
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parameters because they rely on determination of the natural condition of the
parameter in the receiving water.
In addition to removing these narrative criteria from the table in DEQ-7, the
board proposes removal of a sentence in the introduction of DEQ-7 that provides
examples of numeric standards that change with each stream classification because
it erroneously lists color, turbidity, pH, and temperature as numeric criteria. Also,
footnote (18) is specific to narrative criteria and is only used for pH and color, and,
therefore, is proposed to be removed from DEQ-7. These changes are necessary to
resolve confusion about how these criteria should be implemented. Additionally, the
criteria for color, turbidity, pH, and temperature are described in detail in the use
class descriptions in ARM 17.30 subchapter 6 and their inclusion in DEQ-7 is
redundant and unnecessary.
Trigger Values for Nitrate: The board proposes correcting the trigger values
for nitrate (as nitrogen [N]) and nitrate plus nitrite (as N) as follows: surface water
trigger values are 10 micrograms per liter (Ng/L), ground water trigger values are
5,000 pg/L. The trigger values would also include a reference to ARM 17.30.715.
Trigger values are used to determine if an increase in concentration of a toxic
parameter is nonsignificant per the nondegradation rules ARM 17.30.701, et seq.
Due to clerical errors, "10" was omitted from both of the parameters above in the
2012 version of DEQ-7. Because of the removal of the "10," the trigger values read
that the surface water trigger value is 5,000 fag/L, and that the ground water trigger
value is included in ARM 17.30.715. This is incorrect and makes assessment of
nondegradation for nitrate (as N) and nitrate plus nitrite (as N) impractical. The
proposed changes would allow for nondegradation review of these two parameters
as intended.
The board also proposes to include a reference to DEQ Circular 12 in the
introduction to DEQ-7. This is necessary for clarity and consistency between the
two documents.
17.30.607 WATER-USE CLASSIFICATIONS--CLARK FORK COLUMBIA
RIVER DRAINAGE EXCEPT THE FLATHEAD AND KOOTENAI RIVER
DRAINAGES (1) The water-use classifications adopted for the Clark Fork of the
Columbia River drainage are as follows:
(a) Clark Fork River drainage except waters listed in (1)(a)(i) through
(xv) .................................................................................................................... B-1
(i) through (vii) remain the same.
(viii) Tin Cup Joe Creek drainage to the Deer Lodge water supply
intake (approximately at latitude 46.3892, longitude -112.8543)................... A-Closed
(ix) remains the same.
(x) Fred Burr Lake and headwaters from source to the outlet of the lake
(Philipsburg water supply at approximate latitude 46.3096, longitude
-113.1746)..................................................................................................... A-Closed
(xi) South Boulder Creek drainage to the Philipsburg water supply
intake (approximately at latitude 46.3447, longitude -113.2266)............................ A-1
(xii) Rattlesnake Creek drainage to the Missoula water supply
intake (approximately at latitude 46.9149, longitude -113.9638)................... A-Closed
(xiii) through (xv) remain the same.
MAR Notice No. 17-389
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AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.611).
17.30.608 WATER-USE CLASSIFICATIONS--FLATHEAD RIVER
DRAINAGE (1) The water-use classifications adopted for the Flathead River are as
follows:
(a) through (a)(viii) remain the same.
(b) Flathead Lake north of the Flathead Indian Reservation and waters of its
tributaries from Flathead River inlet to U.S. Highway 93 bridge at Poison that lie
outside of the Flathead Indian Reservation boundary except Swan River as listed in
(1)(b)(i) and peFtiann of Hellrearinn GFeek as listed in (1)(b)(i) through (iii) but
and l✓v�uv��.� v� � e�.ui
including Swan Lake proper and Lake Mary Ronan proper................................... A-1
(i) remains the same.
in e_to the ❑G!sen water Umnly intake A CInneiJ
�}I� 6 ��-F£QI<,-f�-Farrrag�c�to the ..... ccr
iiI)Re aindeF Of Hellrearing Greek dFainage ............................................ B-;-
(c) Waters outside of the Flathead Indian Reservation that are tributary to the
Flathead River drainage below the highway bridge at Poison to confluence with
Clark Fork River except ties the Little Bitterroot River mainstem listed in
(1)(c)(i) through vii} and including the Flathead River drainage west of the Flathead
Indian Reservation boundary ................................................................................. B-1
(i) S'eeand GFeek drainage to the Ronan water supply intake
(appFaximately at-tat+tode-47.546, longitude -114.0268) ............................... " Closed
Grow Greek (mainstem) m road eress i on 1 62 T20hl R91a1A!IO
m road �rv� ifl-� , _rr�tz:0 cry
theFlathead-R'veF.......................................................................................... B 2. .. r- -�
Little Bitterroot River (mainstem) from Hubbart Reservoir dam to the
Flathead RoveF Indian Reservation boundary
(i"7 I_let Springs Greek drrai iaye to the HOt Sp ingS water supply intake
(op�onr felt' of latitude 7 R096, longitude 114.688) ,.,....� !� Closed
�c+r���,-u��-4���--�,�tud�—�r —: .........................
(v) Hot Springs GFeek (mainstem) from wateF supply intake
to the Little-B;tterFeet Driver.......................
�............................................................. G 3
( Tributaries o Hol d`nrprii�gp�-��G� eeP (if any) fFem Hot SpFings vrater
S i intake to the Little BitteffObi-River............................................................... B 1
(vii) Mission Greek drainage to the St. Ig ter 6
(viii) Mission Greek (mainstem) fForn U.S. Highway Ne. 93 Grossip@
to the Flathead Inver B 2
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.611).
17.30.609 WATER-USE CLASSIFICATIONS--KOOTENAI RIVER
DRAINAGE (1) The water-use classifications adopted for the Kootenai River are as
follows:
(a) All waters except those listed in (1)(a)(i) through (iy............................ B-1
MAR Notice No. 17-389
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(i) Deep Creek drainage (tributary to the Tobacco River) to the Fortine water
supply intake (approximately at latitude 48.7631, longitude_-114.8980)................. A-1
(ii) Rainy Creek drainage to the W.R. Grace Company water supply
intake (approximately at latitude 48.4485, longitude -115.4203)............................ A-1
(iii) Rainy Creek (mainstem) from the W.R. Grace Company water supply
intake (approximately at latitude 48.4485, longitude -115.4203) to the
KootenaiRiver........................................................................................................ C-1
(iv) remains the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.611).
17.30.610 WATER-USE CLASS IFICATIONS--MISSOURI RIVER
DRAINAGE EXCEPT YELLOWSTONE BELLE FOURCHE AND LITTLE
MISSOURI RIVER DRAINAGES (1) The water-use classifications adopted for the
Missouri River are as follows:
(a) Missouri River drainage to and including the Sun River drainage except
tributaries listed in (1)(a)(i) through (xiii)................................................................. B-1
(i) through (iv) remain the same.
(v) Rattlesnake Creek drainage to the Dillon water supply intake
(approximately at latitude 45.2442, longitude -112.7953) ...................................... A-1
(vi) Indian Creek drainage to the Sheridan water supply intake
(approximated at latitude 45.4787, longitude -112.1592) ...................................... A-1
(vii) Basin Creek drainage to the Basin water supply intake
(approximately at latitude 46.2820, longitude -112.2730) ...................................... A-1
(viii) through (c) remain the same.
(d) Marias River drainage except waters on the Blackfeet Indian Reservation
and the tributaries and segments listed in (1)(d)(i) through (vi).............................. B-2
(i) Cutbank Creek drainage except waters listed in (1)(d)(i)(A) at��}...... B-1
(A) V-VfN .,„�r�!
aa,bo ,f ane half mile north of Browning to Cutp'ank Greek.................................."... B 2
(W Cutbank Creek (mainstem) from Old Maids Coulee near Cut Bank to Two
MedicineCreek...................................................................................................... B-2
(ii) Two Medicine Creek drainage to the Blackfeet Indian Reservation
Boundary except for the waters listed in (1)(d)(ii)(A) through (-C}(B) ..................... B-1
(A) Midvale Creek drainage to the Cant GlaaieF water S innly intake Blackfeet
Indian Reservation Boundary........................................................................ A-Closed
(B) Summit Creek drainage to the Summit water supply intake
(approximately
^a�,t/�latitude
, 448..31j'84, longitude -113.3527) .........I.'..I................ A-I'Closed
(G) Two -GreefY-Greek erg Greek o Bir_n�reek..
(iii) through (vi) remain the same.
(e) Missouri River drainage from Marias River to Fort Peck Dam except
waters listed in (1)(e)(i) through M(v)................................................................... C-3
(i) through (D) remain the same.
(Iv) Gow-Gfeek dFainage to-but excluding Al's Greek ...... _B4-
MAR Notice No. 17-389
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{v} Musselshell River drainage to Deadman's Basin diversion canal above
Shawmut except for the water listed in (1)(e)(v)(A)........................... B-1
(A) remains the same.
(vi) NJ Musselshell River drainage below Deadman's Basin diversion canal
above Shawmut except for the waters listed in (1)(e)kiv)Lvj(A) through (D) ........... C-3
(A) through (f) remain the same.
(g) Milk River drainage from c.rt m the Glanier National Park
(-h) Milk River drainage from the International Boundary to the Missouri River
except waters within tribal boundaries and the tributaries listed in (1)"LgI(i)
through (iv)..................................................................................................... .. B-3 '
(i) remains the same.
(ii) Big Sandy Creek drainage from the Rocky Boy's Indian Reservation
Boundary to Town of Big Sandy infiltration wells (approximately at latitude 48.1831,
longitude -110.0851) ............................................................................................. B-1
(iii) remains the same.
(iv) Peoples Creek drainage4o and +rig-the South Fork of Peoples
Creek drainage except waters within the Fort Belknap Indian Reservation ........... B-1
(+) LW Missouri River drainage from Milk River to North Dakota boundary
except tribal waters and waters listed in (1)@U(i) through M ill ........................ C-3
(i) remains the same.
(ii) Wolf drainage near VVOIf Drain+ __. 2 2
(i+i) Antelope Creek drainage near Antelope, and ...................................... B-3
(+�} iii Poplar River drainage to the Fort Peck Indian Reservation
boundary ............................................................................................................... B-2
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.611).
17.30.611 WATER-USE CLASSIFICATION--YELLOWSTONE RIVER
DRAINAGE (1) The water-use classifications adopted for the Yellowstone River are
as follows:
(a) Yellowstone River drainage to the Laurel water supply intake
(approximately at latitude 46.6557 45.6545, longitude 108.7594-108.7590) ...... B-1
(b) Yellowstone River drainage from the Laurel water supply intake
(approximately at latitude 45.6545, longitude -108.7590) to the Billings water supply
intake (approximately at latitude 45.7745, longitude -108.4778) except waters on the
Crow Indian Reservation and the tributaries listed in (1)(b)(i) through (iii) ............. B-2
(i) through (iii) remain the same.
(c) Yellowstone River drainage from the Billings water supply intake to the
North Dakota state line excluding waters on the Craw Indian Reservation and the
Northern Cheyenne Indian Reservation and including the Big Horn River drainage
except the waters listed in (1)(c)(i) through vii ............................................... C-3
(i) remains the same.
(ii) Pryor Creek drainage to Inter-stat outside the Crow Indian
MAR Notice No. 17-389
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Reservation boundary............................................................................................. B-1
(iii) Big Horn drainage above but excluding Williams Coulee near Hardin and
excluding waters within the Crow Indian Reservation ............................................ B-1
- T(iv)
near Ledge G ass ........................................................................................
*... B 1
(v4 Big Horn River mainstem from Williams Coulee the Crow Indian
Reservation boundary to Yellowstone River .......................................................... B-2
(vii) through (ix) remain the same, but are renumbered (v) through (vii).
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: The board proposes updating the surface water use designations
that use drinking water intakes by including a more specific, defined endpoint
location using latitude and longitude. This will remove confusion about where
specific use classes begin and end on a stream.
The board proposes removing tribal waters from Montana's use class
designations because the State of Montana does not have jurisdiction over tribal
waters, and respects the water quality standards, including use class designations,
for tribal waters set by the respective jurisdictional agencies. Therefore, it is
unnecessary to include use class designations for these waters in state standards.
ARM 17.30.609(1)(a) references "wafters except those listed in (1)(a)(i)," and
should reference "waters except those listed in (1)(a)(i) through (iv)." The board
proposes making this revision for accuracy.
17.30.619 INCORPORATIONS BY REFERENCE (1) The board adopts and
incorporates by reference the following state and federal requirements and
procedures as part of Montana's surface water quality standards:
(a) Department Circular DEQ-7, entitled "Montana Numeric Water Quality
Standards" (Sete"^=[effective month and year of this rule amendment]
edition), which establishes numeric water quality criteria for toxic, carcinogenic,
bioconcentrating, radioactive, and harmful parameters and also establishes human
health-based water quality criteria for the following specific nutrients with toxic
effects:
(i) through (b) remain the same.
(c) 40 CFR Part 136 (July 1, 2-0-U 2015), which establishes guidelines and
procedures for the analysis of pollutants;
(d) 40 CFR 131.10(g), (h) and 0) (2000), which establishes criteria and
guidelines for conducting a use attainability analysis; and
(e) Department Circular DEQ-12A, entitled "Montana Base Numeric Nutrient
Standards" (July 2014 edition), which establishes numeric water quality standards
for total nitrogen and total phosphorus in surface waters:; and
(f The compliance schedule authorizing provision contained in the Montana
Pollutant Discharge Elimination System Permit regulations at ARM 17.30.1350 1 .
(2) and (3) remain the same.
MAR Notice No. 17-389
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AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
f
REASON: See reason for ARM 17.30.502, setting forth reasons for updates
and revisions to DEQ-7.
The board also proposes to incorporate by reference the authorizing provision
for compliance schedules for water quality-based effluent limitations (WQBELs)
contained in the MPDES rules at ARM 17.30.1350(1) because in 2015, EPA revised
40 CFR 131.15, requiring EPA review and approval of state rules authorizing
compliance schedules for water quality-based effluent limits in MPDES permits.
EPA considers such authorizing provisions to be water quality standards.
Compliance schedules are Clean Water Act MPDES permitting tools that can
be used in situations in which a discharger is unable to immediately achieve
compliance with effluent limitations based on water quality standards. They allow
dischargers additional time to take steps (e.g., planning and construction of required
facilities) necessary to achieve compliance with such effluent limitations. (See 80
Fed. Reg. 51020, 51041 (August 21, 2015) available at https://www.epa.gov/wqs- h
tech/final-rulemaking-update-national-water-quality-standards-regulation. Copies
are also available at the Department of Environmental Quality, 1520 E. Sixth
Avenue, P.O. Box 200901, Helena, MT 59620-0901.)
ARM 17.30.1350(1) gives the MPDES program authority to use compliance
schedules and details their requirements. This provision was adopted in 1989, but
has not been submitted to EPA for approval because it was not considered a water
quality standard at that time. The state will submit this provision to EPA in order to
comply with the new regulatory requirement.
The board also proposes to update the reference to 40 CFR Part 136 to
reference the most current regulation.
17.30.621 A-CLOSED CLASSIFICATION STANDARDS (1) and (2) remain
the same.
(3) No person may violate the following specific water quality standards for
waters classified A-Closed:
(a) The geometric mean number of Escherichia soli bacteria may not exceed
32 colony forming units per 100 milliliters and 10 ep rcent of the samples may not
exceed 64 colony forming units per 100 milliliters during any 30-day period. Water
quality criteria for Escherichia coli are expressed in colony forming units per 100
milliliters of water or as most probable number, which is a statistical representation
of the number of organisms in a sample, as incorporated by reference in 40 CFR
136.3 b
(b) through (i) remain the same.
ii
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
a
a,
REASON: See reason statement below (ARM 17.30.657).
I'
17.30.622 A-1 CLASSIFICATION STANDARDS (1) and (2) remain the i
MAR Notice No. 17-389
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same.
(3) No person may violate the following specific water quality standards for
waters classified A-1:
(a) The geometric mean number of Escherichia coli bacteria may not exceed
32 colony forming units per 100 milliliters and 10° ep rcent of the samples may not
exceed 64 colony forming units per 100 milliliters during any 30-day period if
resulting from domestic sewage. Water quality criteria for Escherichia coli are
expressed in colony forming units per 100 milliliters of water or as most probable
number, which is a statistical representation of the number of organisms in a
sample, as incorporated by reference in 40 CFR 136.3(b).
(b) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.623 B-1 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified B-1:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.624 B-2 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified B-2:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
MAR Notice No. 17-389
i
i
f
S
17.30.625 B-3 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified B-3:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b).The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) and through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
I
17.30.626 C-1 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified C-1:
s
(a) Water duality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated bX
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30,627 C-2 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified C-2:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units_per_100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated bX
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
I
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.628 1 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
MAR Notice No. 17-389
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waters classified I:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to seasons as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
17,30,629 C-3 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified C-3:
(a) Water quality criteria for Escherichia coli are expressed in colony forming
units per 100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b). The water quality standard for Escherichia coli
bacteria (E-coli) varies according to season, as follows:
(i) through (k) remain the same.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, 75-5-313, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.641 SAMPLING METHODS (1) Water quality monitoring, including
methods of sample collection, preservation, and analysis used to determine
compliance with the standards must be in accordance with 40 CFR Part 136 (July 1,
2007 2015) or other method allowed by the department.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: The board proposes to update the reference to 40 CFR Part 136
to reference the most current regulation.
17.30.646 BIOASSAYS (1) Bioassay tolerance concentrations must be
determined using the latest available research results for the materials, by bioassay
tests procedures for simulating actual stream conditions as set forth in 40 CFR Part
136 (July 1, 2007 2015). Any bioassay studies made must be made using a
representative sensitive local species and life stages of economic or ecological
importance, except that other species whose relative sensitivity is known may be
used when there is difficulty in providing the more sensitive species in sufficient
numbers or when such species are unsatisfactory for routine confined bioassays. All
MAR Notice No. 17-389
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bioassay methods and species selections must be approved by the department.
AUTH: 75-5-201, 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: The board proposes to update the reference to 40 CFR Part 136
to reference the most current regulation.
17.30.650 D-1 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified D-1:
(a) remains the same.
(b) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% ep rcent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by g
reference in 40 CFR 136.3(b).
(3) remains the same.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657). I
17.30.651 D-2 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified D-2:
(a) through (c) remain the same.
(d) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% ep rcent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical f
representation of the number of organisms in a sample, as incorporated bX
reference in 40 CFR 136.3(b)_.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
1
REASON: See reason statement below (ARM 17.30.657).
3
3
17.30.652 E-1 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified E-1:
(a) remains the same.
MAR Notice No. 17-389
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(b) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10 ep rcent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated bx
reference in 40 CFR 136.3(b).
(3) remains the same.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.653 E-2 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified E-2:
(a) through (c) remain the same.
(d) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% percent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water_quality_criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b),
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.654 E-3 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified E-3:
(a) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% ep rcent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b).
(b) through (3) remain the same.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657).
MAR Notice No. 17-389
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i
i
17.30.655 E-4 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified E-4:
(a) and (b) remain the same.
(c) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% e� of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
p
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number,which is a statistical
representation of the number of organisms in a sample, as incorporated b
reference in 40 CFR 136.3(b).
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement below (ARM 17.30.657).
17.30.656 E-5 CLASSIFICATION STANDARDS (1) remains the same.
(2) No person may violate the following specific water quality standards for
waters classified E-5:
(a) remains the same.
(b) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10 ercent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coll are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(1?}.
(3) remains the same.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: See reason statement (ARM 17.30.657).
17.30.657 F-1 CLASSIFICATION STANDARDS (1) remains the same. i
(2) No person may violate the following specific water quality standards for
waters classified F-1:
(a) through (c) remain the same.
(d) the geometric mean number of Escherichia coli bacteria may not exceed
630 colony forming units per 100 milliliters and 10% ep rcent of the samples may not
exceed 1,260 colony forming units per 100 milliliters during any 30-day period.
Water quality criteria for Escherichia coli are expressed in colony forming units per
100 milliliters of water or as most probable number, which is a statistical
representation of the number of organisms in a sample, as incorporated by
reference in 40 CFR 136.3(b).
MAR Notice No. 17-389
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AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: Traditional plate tests for Escherichia coli (E. coli), including
membrane filtration, estimate or count "colonies" of bacteria reported as colony
forming units (cfu). These provide a direct count of an indicator organism (E. coli) in
water based on the development of colonies in/on media and a calculation is
performed. While these microscopic counts may be more accurate, they are costly
and time consuming, and the problem of bacteria viability remains. Very few tests
are conducted to determine live and dead colonies. Exact counts are generally not
feasible to obtain. Newer tests, such as Colilert report data, are reported as most
probable number (mpn) which is a statistical representation of what level of E. coli is
likely present in a sample. While mpn and cfu are not entirely equivalent, for the
purposes of reporting, these terms are currently used interchangeably by the EPA.
EPA has approved both these methods for enumeration in federal rule for ambient
water (40 CFR, 2003) and for wastewater and sludge (40 CFR, 2007). The board
proposes adding mpn to the E. coli surface water criteria so that E. coli may be
reported to the department in either cfu or mpn.
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 (7) remain the same.
(8) "High quality waters" is defined in 75-5-1034G) 13 , MCA, and does not
include Class I surface waters (ARM 17.30.628) or Class III or Class IV ground
waters (ARM 17.30.1006(3) through (4)).
(9) through (26) remain the same.
(27) The board adopts and incorporates by reference:
(a) Department Circular DEQ-7, entitled "Montana Numeric Water Quality
Standards" (^^}^"er 2042 feffective month and year of this rule amendment]
edition), which establishes water quality criteria for toxic, carcinogenic,
bioconcentrating, radioactive, and harmful parameters and also establishes human
health-based water quality criteria for the following specific nutrients with toxic
effects:
(i) through (c) remain the same.
(d) 40 CFR Part 136 (July 1, 2DW 2015) which contains guidelines
establishing test procedures for the analysis of pollutants.
(e) remains the same.
AUTH: 75-5-301, 75-5-303, MCA
IMP: 75-5-303, MCA
REASON: See reasons for ARM 17.30.502 setting forth reasons for updates
and revisions to DEQ-7.
ARM 17.30.702(8) references the Montana Code Annotated definition of high
MAR Notice No. 17-389
quality waters as 75-5-103(10). Because of revisions to that statute, that definition is
now at 75-5-103(13). The board proposes to remove the reference to the
subsection in order to make the citation accurate and to eliminate the need to amend
the rule because of a future amendment to the statute. The board also proposes to
update the reference to 40 CFR Part 136 to reference the most current regulations.
17.30.715 CRITERIA FOR DETERMINING NONSIGNIFICANT CHANGES
1N WATER QUALITY (1) The following criteria will be used to determine whether
certain activities or classes of activities will result in nonsignificant changes in
existing water quality due to their low potential to affect human health or the
environment. These criteria consider the quantity and strength of the pollutant, the
length of time the changes will occur, and the character of the pollutant. Except as
provided in (2), changes in existing surface or ground water quality resulting from the
activities that meet all the criteria listed below are nonsignificant, and are not
required to undergo review under 75-5-303, MCA: 1
(a) through (e) remain the same.
(f) changes in the quality of water for any harmful parameter, nutrients listed
at ARM 17.30.631, and parameters listed in Department Circular DEQ-12A, except
as specified in (1)(g), for which water quality standards have been adopted other
than carcinogenic, bioconcentrating, or toxic parameters, in either surface or ground
water, if the changes outside of a mixing zone designated by the department are
less than ten percent of the applicable standard and the existing water quality level
is less than 40 percent of the standard;
(g) through (4) remain the same.
AUTH: 75-5-301, 75-5-303, MCA
IMP: 75-5-303, MCA
i
REASON: Most numeric nutrient standards for Montana are housed in
Circular DEQ-12A and were adopted by the board in 2014. However, the board
previously adopted numeric nutrient standards on the Clark Fork River and these are
contained in ARM 17.30.631. During the adoption of DEQ-12A, which included the
circular's inclusion in the nondegradation nonsignificance criteria (ARM 17.30.715),
the earlier-adopted nutrient standards for the Clark Fork River were inadvertently
excluded from nondegradation review. This change will address this oversight.
Although benthic algal chlorophyll a criteria are included with the nitrogen and
phosphorus criteria in ARM 17.30.631, chlorophyll a is not subject to nondegradation I
review under ARM 17.30.715(1)(f). This is because nitrogen and phosphorus are
the nutrient parameters included in the rule, and growth of chlorophyll a is the result
of an overabundance of those nutrients. Therefore, controlling nitrogen and
phosphorus through nondegradation will prevent overgrowth of chlorophyll a and will
ensure that the chlorophyll a criteria are met.
}
17.30.1001 DEFINITIONS The following definitions, in addition to those in
75-5-103, MCA, apply throughout this subchapter:
(1) remains the same.
(2) "DEQ-7" means Department Circular DEQ-7, entitled "Montana Numeric
MAR Notice No. 17-389
-20-
Water Quality Standards" (OGtOber 70V [effective month and year of this rule
amendment] edition), which establishes water quality criteria for toxic, carcinogenic,
radioactive, bioconcentrating, nutrient, and harmful parameters.
(a) The board adopts and incorporates by reference Department Circular
DEQ-7, entitled "Montana Numeric Water Quality Standards" (QGteber-2042
[effective month and year of this rule amendment edition), which establishes water
quality criteria for toxic, carcinogenic, bioconcentrating, nutrient, radioactive, and
harmful parameters.
(3) through (17) remain the same.
AUTH: 75-5-201, 75-5-401, MCA
IMP: 75-5-301, 75-5-401, MCA
REASON: See reason for ARM 17.30.502 setting forth reasons for update
and revisions to DEQ-7.
17.30.1007 SAMPLE COLLECTION, PRESERVATION, AND ANALYSIS
METHODS (1) Methods of sample collection, preservation, and sample analysis
used to determine compliance with the standards in this subchapter must be in
accordance with 40 CFR Part 136 "Guidelines Establishing Test Procedures for the
Analysis of Pollutants" (July 2-0�2015), or the following:
(a) through (4) remain the same.
AUTH: 75-5-301, MCA
IMP: 75-5-301, MCA
REASON: The board proposes to update the reference to 40 CFR Part 136
to reference the most current regulation.
17.30.1322 APPLICATION FOR A PERMIT (1) through (17) remain the
same.
(18) The board 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) 40 CFR Part 136 (July 1, 2011 2015), which sets forth guidelines
establishing test procedures for the analysis of pollutants;
(b) through (f) remain the same.
AUTH: 75-5-201, 75-5-401, MCA
IMP: 75-5-401, MCA
REASON: The board proposes to update the reference to 40 CFR Part 136
to reference the most current regulation.
17.36.345 ADOPTION BY REFERENCE (1) For purposes of this chapter,
the department adopts and incorporates by reference the following documents. All
MAR Notice No. 17-389
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references to these documents in this chapter refer to the edition set out below:
(a) through (d) remain the same.
(e) Department Circular DEQ-7, "Montana Numeric Water Quality Standards"
(Oeteber 2 [effective month and year of this rule amendment] edition);
(f) through (2) remain the same.
AUTH: 76-4-104, MCA
IMP: 76-4-104, MCA
REASON: See ARM 17.30.502, setting forth reasons for update and
revisions to DEQ-7.
17.55.109 INCORPORATION BY REFERENCE (1) For the purposes of this
subchapter, the department adopts and incorporates by reference:
(a) Department Circular DEQ-7, "Montana Numeric Water Quality" (Q �
244-2 reffective month and year of this rule amendment edition);
(b) through (5) remain the same. I
AUTH: 75-10-702, 75-10-704, MCA
IMP: 75-10-702, 75-10-704, 75-10-711, MCA
REASON: See ARM 17.30.502, setting forth reasons for update and
revisions to DEQ-7.
17.56,507 ADOPTION BY REFERENCE (1) For purposes of this
subchapter, the department adopts and incorporates by reference:
(a) Department Circular DEQ-7, "Montana Numeric Water Quality Standards"
(ne Caber 20 2[effective month and year of this rule amendment] edition);
(b) through (3) remain the same.
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AUTH: 75-11-319, 75-11-505, MCA
IMP: 75-11-309, 75-11-505, MCA
REASON: See ARM 17.30.502, setting forth reasons for update and
revisions to DEQ-7.
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17.56.608 ADOPTION BY REFERENCE (1) For purposes of this
subchapter, the department adopts and incorporates by reference:
(a) Department Circular DEQ-7, "Montana Numeric Water Quality Standards"
(Octohe F 2042(effective_month and year of this rule amendment] edition);
(b) through (3) remain the same. i
4
AUTH: 75-11-319, 75-11-505, MCA
IMP: 75-11-309, 75-11-505, MCA
s
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REASON: See ARM 17.30.502, setting forth reasons for update and
revisions to DEQ-7. 1
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5. Concerned persons may submit their data, views, or arguments, either
orally or in writing, at the hearing. Written data, views, or arguments may also be
submitted to Hillary Houle, Director Office Support Coordinator, Department of
Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana
59620-0901; faxed to (406) 444-4386; or e-mailed to hhoule@mt.gov, no later than
5:00 p.m. February 20, 2017. To be guaranteed consideration, mailed comments
must be postmarked on or before that date.
6. The board and department maintain 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
that the person wishes to receive notices regarding: air quality; hazardous
waste/waste oil; asbestos control; water/wastewater treatment plant operator
certification; solid waste; junk vehicles; infectious waste; public water supply; public
sewage systems regulation; hard rock (metal) mine reclamation; major facility siting;
opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy
grants/loans; wastewater treatment or safe drinking water revolving grants and
loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or
general procedural rules other than MEPA. 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 Hillary Houle, Director Office Support Coordinator, Department of
Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana
59620-0901, faxed to the office at (406) 444-4386, e-mailed to Hillary Houle at
hhoule@mt.gov; or may be made by completing a request form at any rules hearing
held by the department.
7. Andres Haladay, attorney for the board and the department, has been
designated to preside over and conduct the hearing.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
9. With regard to the requirements of 2-4-111, MCA, the board and the
department have determined that the amendment of the above-referenced rules will
not significantly and directly impact small businesses.
Reviewed by: DEPARTMENT OF ENVIRONMENTAL
QUALITY
Is/John F. North BY: Is/Joan Miles
JOHN F. NORTH JOAN MILES, CHAIRMAN
Rule Reviewer
Certified to the Secretary of State, December 12, 2016.
MAR Notice No. 17-389