MontanaHB 68569th Legislature, Regular Session (2025)House

Feasibility allowance for nondegradation policy

Sponsored By: Steve Fitzpatrick (Republican)

Signed by Governor

Environmental ProtectionWaterRule Making

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 0 costs, 5 mixed.

Septic and nitrate rules for homes

Groundwater nitrate changes are nonsignificant if predicted nitrate at the mixing‑zone edge stays within set limits and surface water is not degraded. The limits are 7.5 mg/L for non‑sewage sources; 5.0 mg/L for sewage without level‑two treatment where background is 5.0 mg/L or less; and 7.5 mg/L for systems with level‑two treatment or where background is above 5.0 mg/L from nonhuman sources. The department must set rules by July 1, 2024 to judge when septic discharges do not significantly affect surface water. The rules must consider soil, dilution and nitrogen credits, distance to surface water (with 1/4 to 1/2 mile triggers), elevation, and include low‑flow rules and 500‑plus‑foot nonsignificance categories.

Water permit and dredge fees update

Application fees are capped at $5,000 per discharge point. Annual fees are capped at $3,000 per million gallons per day. If you discharged 50% or less of the limit last year, you get a 25% cut, unless it is your first year or you had a violation. If you discharged between 50% and 100%, you get a smaller, proportional cut. Suction‑dredge fees are capped at $25 for residents and $100 for nonresidents for both the application and the annual fee. Counties, cities, towns, and conservation districts do not pay some state fees for certain water authorizations and Clean Water Act section 401 certifications.

New feasibility allowances for projects

The law creates a formal path to allow limited lowering of water quality in high‑quality waters. An applicant must prove there is no feasible project change to avoid degradation, the project brings important local economic or social benefits, current and expected water uses stay fully protected, and the least‑degrading practices are used. The department issues a preliminary decision, gives public notice, and takes 30 days of comments before a final decision. Any interested person can request a hearing within 30 days of the final decision. The department may review and change an allowance at most every five years if better feasible methods become available. Applications cannot be delayed just because an outstanding resource water petition or legislative approval is pending. Degradation is unlawful unless a feasibility allowance exists. Rules must use objective, measurable criteria and are updated to reference feasibility allowances. This act is effective on passage and approval.

Outstanding waters: guardrails and costs

Outstanding resource waters get strong protection. No feasibility allowances are allowed, and no new or bigger point‑source discharges may permanently change their quality. If you petition to designate an outstanding resource water, you must pay all costs to gather data and complete the EIS. You must pay the estimated cost up front and any extra after. The department cannot decide the petition until it has full payment.

Applicants count as interested persons

If you request a feasibility allowance, the law treats you as an interested person. You can take part in agency proceedings tied to water quality decisions.

CO2 storage in reservoir not pollution

Contamination inside a permitted CO2 geologic storage reservoir is not treated as pollution. This applies to CO2 injection wells with permits under Title 82, chapter 11, part 1. The existing exclusion for in‑situ coal gasification within a permitted mine remains.

Tighter mixing zones and standards

Mixing zones must be the smallest practicable size and have clear boundaries. Human‑health cancer standards are set at 1 x 10^-3 for arsenic and 1 x 10^-5 for other carcinogens. If that conflicts with a federal drinking‑water limit, the federal limit applies. Aquatic‑life standards do not apply to groundwater. The department reviews water classifications and standards at least every three years.

Sponsors & Cosponsors

Sponsor

Steve Fitzpatrick
Republican • House

Cosponsors

Wylie Galt
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 178 • No: 120

Senate vote • 4/18/2025

Do Concur

Yes: 33 • No: 17

Senate vote • 4/17/2025

Do Concur

Yes: 33 • No: 17

House vote • 3/7/2025

Do Pass

Yes: 56 • No: 43

House vote • 3/5/2025