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>Date: Mon, 11 Jan 1999 17:05:31 EST
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>From: Wild Rockies InfoNet <[EMAIL PROTECTED]>
>Subject: EPA Disapproves MT Water Quality Standards
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>NEWS RELEASE
>
>FOR IMMEDIATE RELEASE:
>January 6, 1999
>
>CONTACT:
>Rob Ament, American Wildlands (406) 586-8175
>Steve Mashuda, Earthjustice Legal Defense Fund, (406) 586-9699
>
>
>EPA Tells State To Clean Up Its Water Quality Standards
>
>American Wildlands, Pacific Rivers Council, Montana Environmental Information
>Center, and Northern Plains Resource Council learned this week that the U.S.
>Environmental Protection Agency has disapproved portions of Montana's water
>quality standards.  In a 30-page letter from EPA to Governor Marc Racicot,
EPA
>disapproved almost a dozen water quality standards that fail to provide the
>minimum protections required by the Clean Water Act.  Although EPA's action
>addresses only a portion of Montana�s water quality rules, this is the first
>time since 1989 that EPA has formally passed judgment on any of the extensive
>changes made to Montana's water quality laws.
>
>"We're pleased that EPA is stepping up to the plate closing the countless
>loopholes that weaken Montana's water quality protection laws," stated Rob
>Ament, Associate Director of American Wildlands. "Montana must now begin to
>protect its waters."
>
>Among the standards that EPA disapproved are: (1) rules that exempt coal and
>uranium prospecting, oil and gas drilling and production, and mineral
>exploration from scientific and public review; (2) standards that allow
>polluters to foul even the State�s most treasured waters, such as those
>flowing through National Parks and Wilderness areas; and (3) provisions
>that exempt activities such as pesticide application and sewage treatment
>from compliance with water quality laws.
>
>EPA's action comes after the conservation groups, represented by Earthjustice
>Legal Defense Fund, filed a lawsuit in July, 1998 challenging EPA's
failure to
>insure that Montana�s water quality standards adequately protect the State's
>waters.
>

>"While this first round of disapprovals doesn't address all of the problems
>with Montana�s water quality standards, it�s a step in the right direction,"
>said Earthjustice Legal Defense Fund attorney Steve Mashuda. "Under federal
>law, the State now has 90 days to correct the standards that EPA
disapproved."
>
>"Because many of the illegal standards were enacted by the legislature, EPA's
>disapproval gives them a narrow window of opportunity to get it right,"
stated
>Kristen Boyles of Pacific Rivers Council.
>
>"Previous legislatures wouldn't listen to reason when they weakened these
>standards in the first place- many of the standards disapproved by EPA were
>enacted in the face of strong objections from citizens' groups," added Paul
>Hawks of Northern Plains Resource Council. "You can bet we'll be keeping a
>very close eye on the legislature's attempt to fix the standards disapproved
>by
>EPA."
>
>BACKGROUND
>
>Water quality standards set the basic levels of protection for all rivers,
>lakes, and streams in each state.  Because Montana bases water pollution
>prevention and clean-up on these standards, the standards themselves must
meet
>minimum requirements that protect human health and aquatic life.  Once
Montana
>adopts water quality standards, EPA must review them to ensure that they meet
>the minimum protections required by the Clean Water Act.
>
>State water quality standards must contain at least three elements.  First,
>the  State must establish "designated uses" (such as fishing, swimming, or
>protection of aquatic life) for all of the State's waters.  Second, the State
>must develop specific water quality criteria, based on sound science,
designed
>to ensure the preservation of the designated uses.  The criteria may be
>expressed in either numerical (such as �no more than 18 micrograms of arsenic
>per liter�) or narrative values (such as �waters shall be free of floating
>debris�).  Third, the State must develop strong antidegradation rules
designed
>to prevent further deterioration of its waters.
>
>The Clean Water Act allows States to develop and implement water quality
>standards.  However, EPA retains a watchdog role, ensuring that State water
>quality standards comply with the requirements of the Clean Water Act.  This
>watchdog role includes the Clean Water Act�s requirement that EPA review and
>approve or disapprove each new and revised State water quality standard
before
>it takes effect.
>                                          --END--
>
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