Here is the letter we will send:
Dear DEQ Director Nowakowski,
We are concerned that, with the elimination of numeric nutrient standards, the Department only has a single narrative rule, located under Administrative Rule 17.30.637, to protect water quality from nutrient pollution across the State.
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. Despite a variety of narrative nutrient translators and implementing rules being discussed as part of the Nutrient Working Group from 2021-2024, DEQ has yet to adopt any such implementing rules. 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.
We, the undersigned, urge the Montana Department of Environmental Quality (DEQ) to pause the issuance of any new or renewed pollution discharge permits, and any Clean Water Act decisions involving nutrient pollutants, until the agency adopts a science-based narrative replacement rule that is demonstratively capable of preventing harm in Montana’s waterways.
EPA’s October 3, 2025 Action Letter on HB 664 specifically identified evolving science implementing narrative nutrient standards as a basis for its approval, and identified the expectation that narrative nutrient implementing rules would be adopted and submitted to EPA for review and approval. We call on DEQ to follow through on this expectation and clearly define, through rulemaking, how the agency will implement narrative nutrient criteria.
It’s no secret that nutrient pollution remains a top issue causing degradation in our waterways. The agency’s 2020 Integrated Report estimated that approximately 35 percent of Montana’s assessed waterways are already impaired by nutrient pollution. Without a narrative translator and implementing rules, DEQ will be forced to make subjective permit decisions absent clear scientific guidance necessary to protect and restore local water quality.
Montanans depend on clean and healthy water for public and private water supplies, recreation, agriculture, and to support our multi-billion dollar outdoors economy. Protecting these uses and our shared values should not depend on a single subjective, vague, and imprecise rule.
In closing, the undersigned respectfully call on DEQ to pause any new or renewed permits and related Clean Water Act decisions involving nutrient pollutants until a narrative nutrient replacement rule package is in place that provides a transparent mechanism for protecting and restoring waterway health in Montana.
Sincerely,
[Signer’s Name]
[Signer’s Zip Code]
CC:
Governor’s Office
Montana Legislative Water Policy Interim Committee
Montana Legislative Environmental Quality Council
Montana Board of Environmental Review
Additional Resources:
– 5 Things to Know About Montana’s 2025 Repeal of Numeric Nutrient Criteria
– FAQ: Montana’s Rollback of Numeric Nutrient Standards
– Waterkeeper Condemns EPA Approval of Montana’s Water Quality Rollbacks
– Top 3 Reasons Why Narrative Standards Are Bad For Our Waterways