Watchdogs to petition DEQ for nutrient pollution plan
Laura Lundquist
(Missoula Current) After the U.S. Environmental Protection Agency approved Montana’s reduced water quality standards earlier this month, nine environmental groups are pushing DEQ for a plan before the state issues more pollution discharge permits.
On Wednesday, the Upper Missouri Waterkeeper launched an online petition asking the Montana Department of Environmental Quality to put a hold on any applications for wastewater discharge permits until the department develops a science-based plan to assess nutrient pollution. The goal is to have 1,000 petitioners sign on.
“Right now, DEQ is flying blind without a plan in place to determine - and prevent - harmful levels of nutrient pollution for most Montana waterways. This hands-off approach to regulating point-source pollution is a recipe for disaster,” said Guy Alsentzer, Upper Missouri Waterkeeper executive director, in a release. “Issuing pollution permits under Montana’s general, narrative prohibition without an implementation plan means countless river miles are likely to experience degraded water quality before common-sense protections are required.”
“Nutrients” refers to chemicals containing nitrogen or phosphorus that encourage plant growth, primarily algae, in lakes and streams. A primary source of nitrogen and phosphorus is human and animal waste, along with plant fertilizers. Nutrient pollution can promote excessive algae growth, which can clog streams and cover substrate habitat, rob water of oxygen and, in some cases, poison the water.
With streams flowing lower and warmer each summer, algae is a growing problem in Montana’s once-legendary trout streams. This August, DEQ had 31 reports of algae blooms across the state, compared to 18 last August. Fort Peck Reservoir still has a caution advisory for algae blooms with dead salmon observed at the Duck Creek Recreation Area. According to DEQ’s 2020 Integrated Report, 35% of assessed Montana waterways are already impaired by nutrient pollution.
Prior to Oct. 3, Montana had numeric water quality limits for nitrogen and phosphorus that were set in 2015. Once the limits were exceeded, a lake or stream was considered impaired, prompting efforts to limit the nutrients. But the 2021 and 2025 Montana Legislatures passed bills requiring the DEQ to set narrative limits, which are much less restrictive. In that case, water isn’t impaired until it appears impaired, at which point the nutrient levels are often higher than the numeric limits.
Anglers and clean-water watchdogs like numeric limits, while some small towns with limited wastewater budgets, backed by the Montana League of Cities and Towns, and industries like ranching and mining oppose them. The Montana Legislature supported the latter. However, the EPA, which had been encouraging more states to adopt numeric standards, wouldn’t approve less-restrictive narrative standards. Until this year.
In May, DEQ sent another letter to the EPA requesting approval of a narrative standard. In June, the Upper Missouri Waterkeeper petitioned the EPA to reject the DEQ’s request. However, on Oct. 3, the Trump administration granted DEQ’s request, saying House Bill 664’s narrative standard met the standards of the Clean Water Act.
Alsenzter points to where the EPA’s letter also said the state should develop rules for using narrative standards based on evolving science. Alsenzter said those prospective rules should be submitted for federal review before approving discharge permits based on narrative standards.
Developing clear narrative rules is no easy task. After the 2021 Legislature passed bills to require a narrative standard, DEQ assigned a working group to the task of developing rules to define nutrient impairment using observation. After three years of confusion and disagreement, the working group dissolved, its task undone.
“This narrative rule is general in scope and lacks any accompanying metrics or procedures for determining how general prohibitions are realized on a case-by-case basis,” the petition says. “The lack of any framework for implementing narrative criteria raises significant doubt about how Montana’s single narrative prohibition can effectively prevent nutrient-based harm to waterways.”
The petition is supported by the Clark Fork Coalition, Flathead Lakers, Alliance for the Wild Rockies, Bitterroot River Protection Association, Citizens for a Better Flathead, Montana Environmental Information Center, Gallatin River Task Force and Gallatin Wildlife Association.
Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.