Supplemental Data Requested to Make Impairment Determination
BOZEMAN, MT – Yesterday, the Montana Department of Environmental Quality (DEQ) responded to the petition submitted by Upper Missouri Waterkeeper and the Big Hole River Foundation requesting the Big Hole River be declared impaired by nutrients.
“We’ll be working with DEQ to provide the additional data requested,” said Brian Wheeler, Executive Director of the Big Hole River Foundation. “While we’ll supplement the petition based on the agency’s response, the data are quite clear and confirm the need for an impairment designation consistent with the Clean Water Act and the numeric standards that remain the best science-based thresholds for nutrient pollution. An impairment determination is a tool to unlock the resources, focus, and funding necessary to address excess nutrient influx. Doing so helps ensure the long-term sustainability of this valuable resource, to better support all its beneficial uses.”
DEQ has requested that the organizations provide additional data, such as photo or video evidence of algal blooms, macroinvertebrate data, and any additional water quality data collected in order for the department to make an impairment determination.
“Shifting the goalposts only creates more hoops to jump through and delays unlocking resources for real action on the ground. The law of the land is still making decisions based on numeric nutrient criteria, and best available science confirms an impairment designation is warranted. We are actively reviewing the response and will be taking all necessary action to ensure the Big Hole River is properly reviewed by DEQ with the correct measuring stick—so we can move forward with the steps needed to restore a river we all value,” said Guy Alsentzer, Executive Director of Upper Missouri Waterkeeper.
Upper Missouri Waterkeeper and the Big Hole River Foundation will work to fulfill DEQ’s request to ensure it has the necessary information to do what’s right for the river and its future. DEQ’s response letter to the petition also makes abundantly clear the agency is still applying narrative nutrient criteria, despite EPA’s express disapproval of Senate Bill 358 in 2022 in response to Waterkeeper’s petition. Refusing to apply numeric nutrient standards to impairment decisions plainly violates the State’s obligations under the Montana Water Quality Act and mandatory requirements set forth in the federal Clean Water Act.