Montana Code Annotated 2023

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 5. WATER QUALITY

Part 3. Classification and Standards

Transition For Nutrient Standards

75-5-321. Transition for nutrient standards. (1) By March 1, 2022, the department of environmental quality shall adopt rules related to narrative nutrient standards in consultation with the nutrient work group.

(2) The rules shall provide for the development of an adaptive management program that provides for an incremental watershed approach for protecting and maintaining water quality and that:

(a) reasonably balances all factors impacting a water body;

(b) prioritizes the minimization of phosphorus, taking into account site-specific conditions; and

(c) identifies the appropriate response variables affected by nutrients and associated impact thresholds in accordance with the beneficial uses of the water body.

(3) In developing the rules in subsection (2), the department shall consider options pertaining to whether the point source is new or existing and whether the receiving water body is considered impaired or unimpaired.

History: En. Sec. 1, Ch. 342, L. 2021.