HomeMy WebLinkAbout06-03-20 Correspondence - DEQ nonanthropogenic and natural water quality standards •
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Montana Department
of Environmental Quality
June 3, 2020
Dear Interested Party,
On April 17, 2020,the Board of Environmental Review(board) initiated rulemaking on a proposed rule
(NEW RULE 1)which addresses nonanthropogenic and natural water quality standards, including site-
specific arsenic standards for segments of the Yellowstone River. The Department provided you a letter
regarding this rulemaking on April 30, 2020. The letter provided instructions on how to attend the
public hearing on the rule (scheduled for June 17, 2020) remotely, or in person at the Metcalf Building in
Helena. Due to health concerns involving the coronavirus COVID-19,the public hearing will no longer
have an in-person location and will be held entirely remotely. Information on how to attend remotely is
available on our website: http://deq.mt.gov/water/Surfacewater/standards, and in the amended MAR
notice enclosed with this letter.
State law grants the board authority to adopt nonanthropogenic water quality standards when the
otherwise applicable standards are more stringent than the nonanthropogenic condition of the
waterbody(75-5-222(1), MCA). In such cases, the nonanthropogenic condition is the standard. NEW
RULE I establishes a framework for adopting water quality standards which are based on natural or
nonanthropogenic conditions, and also establishes nonanthropogenic-based arsenic standards for
segments of the Yellowstone River. Natural or nonanthropogenic water quality standards are
established because natural or nonanthropogenic effects on the landscape have resulted in
concentrations in state surface waters that naturally exceed the otherwise applicable state water quality
standards.
You are invited to submit data, views, or arguments concerning NEW RULE I either orally or in writing at
the hearing. Written data,views, or arguments may also be submitted to: Sandy Scherer, Department
of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406)444-2630; fax
(406)444-4386; or e-mail sscherer@mt.gov; no later than 5:00 pm on June 19, 2020.
The board will make reasonable accommodations for persons with disabilities who wish to participate in
this rulemaking process or need an alternative accessible format of this notice. If you require an
accommodation, contact Sandy Scherer no later than 5:00 p.m.,June 10, 2020, to advise us of the
nature of the accommodation that you need. Please contact Sandy Scherer at the Department of
Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406)444-2630;fax(406)
444-4386; or e-mail sscherer@mt.gov.
We thank you for your interest in Montana's water quality standards.
Sincerely,
Myla Kelly
,1
Water Quality Standards Section Supervisor
Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena,MT 59620-0901 1 (406)444-2544 1 www.deq.mt.gov
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-944-
BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
OF THE STATE OF MONTANA
In the matter of the adoption of New ) AMENDED NOTICE TO HOLD
Rule I pertaining to natural and ) VIRTUAL PUBLIC HEARING ON
nonanthropogenic water quality ) PROPOSED ADOPTION
standards )
(WATER QUALITY)
TO: All Concerned Persons
1. On April 30, the Board of Environmental Review (board) published MAR
Notice No. 17-412 pertaining to the public hearing on the proposed adoption of the
above-stated rule at page 765 of the 2020 Montana Administrative Register, Issue
Number 8. The board scheduled a public hearing to receive public comment on the
proposed rule adoption to be held on June 17, 2020 at 10:00 a.m. The location of
the hearing was to be in Room 111 of the Metcalf Building, 1520 East Sixth Avenue,
Helena, Montana.
Due to the guidance issued by the Governor of the State of Montana on
March 26, 2020, regarding the COVID-19 public health situation, the public hearing
will be held virtually via the Zoom meeting platform and will be recorded. Persons
wishing to attend the public hearing need to register in advance with Zoom.
Registration with Zoom may be made at the following link: https://mt-
gov.zoom.us/j/9886583910?pwd=cOtUMm5Nd2F2OHhoWIJwd1loRnlyQT09. After
registering, you will receive a confirmation email containing information about joining
the hearing.
2. The board will make reasonable accommodations for persons with
disabilities who wish to participate in this rulemaking process or need an alternative
accessible format of this notice. If you require an accommodation, contact Sandy
Scherer no later than 5:00 p.m., June 10, 2020, to advise us of the nature of the
accommodation that you need. Please contact Sandy Scherer at the Department of
Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone
(406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov.
3. 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 Sandy Scherer, Paralegal, 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 sscherer@mt.gov, no later than 5:00 p.m., June 19, 2020.
To be guaranteed consideration, mailed comments must be postmarked on or
before that date.
Reviewed by: BOARD OF ENVIRONMENTAL REVIEW
MAR Notice No. 17-412 10-5/29/20
-945-
/s/ Edward Haves BY: /s/ Christine Deveny
EDWARD HAYES CHRISTINE DEVENY
Rule Reviewer Chair
Certified to the Secretary of State, May 19, 2020.
MAR Notice No. 17-412 10-5/29/20