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Montana s shift from numeric nutrient pollution standards draws challenge

A group litigating variances to Montana’s water quality standards petitioned the Environmental Protection Agency Monday claiming a new state law runs counter to the agency’s authority to approve or disprove changes under the Clean Water Act and is a risk to the state’s waterways. Upper Missouri Waterkeeper filed the petition following the signing of Senate Bill 358 into law by Gov. Greg Gianforte. The new law repeals numeric standards for “nutrients,” namely nitrogen and phosphorus, that are discharged into the state’s waterways from water treatment plants and industries. SB 358 was carried by Sen. John Esp, R-Big Timber, and supported by mining and oil and gas interests as well as municipal government associations. The legislation was necessary they said due to largely unattainable numeric water quality standards set in motion by decade-old legislation.

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