Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.6 - Surface Water Quality Standards and Procedures › Rule 17.30.660 - NUTRIENT STANDARDS VARIANCES

Current through Register Vol. 13, July 5, 2024
(1) A
				person may apply to the department for a nutrient standards variance at any
				time following the board's adoption of base numeric nutrient standards. In
				addition to this rule, variances are subject to the procedures and requirements
				contained in Department Circular DEQ-12B (November 2019 edition).
(2) An application for a general variance
				must provide information demonstrating that the wastewater treatment facility
				meets the requirements of Department Circular DEQ-12B (November 2019 edition).
				The decision to grant the general variance must be reflected in the permit that
				is made available for public comment.
(3) An application for an individual variance
				must adequately demonstrate that there are no reasonable alternatives that
				eliminate the need for a variance and that attainment of the base numeric
				nutrient standards is precluded due to economic impacts or limits of
				technology, or both. If the demonstration relies upon economic impacts, the
				department shall consider any guidance developed by the department and the
				nutrient work group, as provided in
				75-5-313(2),
				MCA.
(4) The department may approve
				the adoption of an individual variance that specifies interim effluent limits
				different from those contained in general variance limits contained in
				Department Circular DEQ-12B (November 2019 edition), if water quality modeling
				demonstrates that greater emphasis on the reduction of one nutrient may achieve
				similar water quality and biological improvements as would the equal reduction
				of both nitrogen and phosphorus. The variance must provide effluent limits that
				reflect the lowest effluent concentration that is feasible based on achieving
				the highest attainable condition for the receiving water. A person shall submit
				the proposed effluent limits and supporting data in an application for an
				individual nutrient variance under (3). A person who has an individual variance
				with effluent limits that are based on this section shall, in each subsequent
				triennial review of those limits conducted pursuant to
				75-5-313(7),
				MCA, collect and submit water quality data to demonstrate whether the
				biological status of the receiving water continues to justify those effluent
				limits.
(5) The department shall
				review each application for an individual variance to determine whether a
				reasonable alternative, such as trading, a permit compliance schedule, a
				general variance, reuse, recharge, or land application would eliminate the need
				for an individual variance. If the department makes a preliminary finding that
				a reasonable alternative to approving an individual variance is available, the
				department shall consult with the applicant prior to making a final decision to
				approve or deny the individual variance.
(6) If, after consultation with the
				applicant, the department determines that no reasonable alternative to an
				individual variance exists, the department shall determine whether the
				information provided by the applicant pursuant to (3) adequately demonstrates
				that attaining the base numeric nutrient standards is not feasible. If the
				department finds that attaining the base numeric nutrient standards is not
				feasible, the department shall approve an individual variance, which will
				become effective and incorporated into the applicant's permit only after
				adoption by the department in a formal rulemaking proceeding.
(7) A variance is not needed in situations
				where a person complies with the waste load allocation established in an
				approved TMDL.
(8) The department
				adopts and incorporates by reference Department Circular DEQ-12B, entitled
				"Nutrient Standards Variances" (November 2019 edition), which provides
				procedures and requirements for nutrient standards variances. Copies of
				Department Circular DEQ-12B are available at the Department of Environmental
				Quality, 1520 East 6th Avenue, P.O. Box 200901, Helena, MT
				59620-0901.
AUTH:
					 75-5-201,
					 75-5-301,
					 MCA IMP:
					 75-5-313,
					 MCA