Notice of Public Hearing and Comment Period on Water Quality Standards Rulemaking Before the Montana Department of Environmental Quality
On March 6, 2026, the Montana Department of Environmental Quality (department) initiated rulemaking on rule amendments to implement House Bill 685, 2025 Mont. Laws ch. 712. House Bill 685 was enacted by the 2025 Regular Session of the Montana Legislature. This action includes amendments to four Administrative Rules of Montana (ARM) rules: ARM 17.30.201, ARM 17.30.706, ARM 17.30.707, and ARM 17.30.708. House Bill 685 changed the terminology used in several statutes including Montana’s nondegradation policy to describe authorizations issued by the department to lower the quality of high-quality waters from “authorizations to degrade” to “feasibility allowances” and directed the department to amend ARM 17.30.707 and 17.30.708 to add references to feasibility allowances. House Bill 685 also removed the requirement at 75-5-303(3)(b), MCA, that feasibility allowance applicants affirmatively demonstrate to the department that the proposed activity’s economic or social benefit exceeds the costs to society of allowing degradation. Additionally, House Bill 685 added language at 75-5-303(3)(b), MCA, that a feasibility allowance applicant must affirmatively demonstrate that a proposed project will result in important economic or social development “in the area that the high-quality waters are located.” On April 21, 2026, at 11:00 a.m., a public hearing will be held in the Wilderness Room on the second floor at 2401 Colonial Drive, Helena Montana, to consider rule amendments as proposed in MAR 2025-406.1 in the Montana Administrative Register. You may also join the hearing virtually via Zoom. More information is available on the department’s website, including a copy of the notice of public hearing on proposed amendments, and instructions on how to attend remotely, at https://deq.mt.gov/public/water-public. The department will make reasonable accommodation for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice (see the MAR notice on the website for details). You are invited to submit data, views, or arguments concerning the proposed action either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; or e-mailed to DEQMAR406@mt.gov and must be received no later than 5:00 p.m. on April 21, 2026. To be guaranteed consideration, mailed comments must be postmarked on or before that date.
12148606 April 5,12,19,2026
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