A Republican lawmaker from Libby on Wednesday spoke on behalf of a bill that seeks to strike the existing water quality standard for selenium in Lake Koocanusa and double the limit.
Selenium, a chemical element, is being introduced into Lake Koocanusa, a reservoir shared by British Columbia and Montana, from the mining operations of Canadian company Teck Coal. Even in small amounts, selenium can negatively impact the reproductive success of fish. Additionally, selenium toxicity can cause fish to develop spinal and facial deformities.
The proposed bill was met with opposition from environmental and conservation organizations, as well as representatives from the Montana Department of Environmental Quality and Montana Fish, Wildlife and Parks. They emphasized that the state’s adoption of the 0.8 micrograms-per-liter standard in 2020 was based on scientific evidence and crucial in safeguarding Koocanusa’s fishery from Teck’s metallurgical coal-mining operation. Notably, there were no supporters who spoke in favor of the bill.
Bill sponsor Rep. Steve Gunderson, who sat on an interim study committee that met three times last year to review the Koocanusa selenium standard, said House Bill 473 is intended to establish a Lake Koocanusa selenium standard in the event that the Environmental Protection Agency acts on the Board of Environmental Review’s December petition to invalidate the existing standard.
The BER is a government-appointed organization with quasi-judicial powers, responsible for resolving conflicts between state agencies such as DEQ and the industries they oversee. On December 9th, the board voted 5-2 in favor of sending a letter to the EPA, mainly composed by Teck Coal, requesting the removal of the Lake Koocanusa 0.8 microgram-per-liter selenium standard. The BER justified their stance by stating that this standard is stricter than the general federal recommendations for selenium levels in stagnant water bodies, thus violating Montana’s “stringency statute.”
Gunderson, while presenting the bill to the House Natural Resources Committee, expressed uncertainty about the consequences that may arise if the EPA were to render the 0.8 standard obsolete. “In the event of such a development, we remain clueless about the outcome,” he stated.
During the hearing on HB 473, Montana DEQ Director Chris Dorrington became the initial critic to provide testimonial evidence. He highlighted that over a span of nine years, the state collaborated extensively with federal agencies, regional scientists, and representatives from U.S., Canadian, and tribal governments. This collaboration led to the adoption of the 0.8 micrograms-per-liter standard, aimed at safeguarding the beneficial uses of Koocanusa.
Dorrington stated that selecting a number for an initiative without following the proper public process and adhering to state and federal laws goes against the intended uses of this water body.
The bill was also opposed by the Montana Environmental Information Center, the Montana chapter of Trout Unlimited, the Idaho Conservation League, and the Confederated Salish and Kootenai Tribes.
Katjana Stutzer, a representative from Montana Backcountry Hunters and Anglers, expressed deep concern for the state’s fisheries. She believes that the proposed bill does not serve the best interests of Montanans and instead prioritizes the advantages of a Canadian mining company over the well-being of our fisheries.
Richard Janssen Jr., the head of CSKT Natural Resources, expressed his endorsement for the site-specific selenium standard, emphasizing its necessity in safeguarding the Salish and Kootenai tribes’ fishery and their culturally significant activities on ancestral lands.
“The bottom line is that a foreign company is polluting Montana waters — our waters, your waters, our children’s waters — and our people deserve better,” he said.
After public testimony concluded, Gunderson fleshed out his reasoning for sponsoring HB 473. He said the process leading to DEQ’s rule adoption in December 2020 was rushed. He said he has harbored concerns about how the rule was adopted “from day one.”
Our people deserve better because a foreign company is polluting Montana waters – these waters belong to us, our children, and you.
Richard Janssen, Jr., head of the Confederated Salish and Kootenai Tribes’ Natural Resources Department
“We lacked a consensus among biologists in the work group who provided the figures,” he stated. “We observed a broad spectrum, ranging from 0.6 to 1.6.”
Gunderson questioned the necessity of implementing a stricter water quality standard to safeguard fisheries in rivers and lakes affected by Teck’s mining activity. He contended that if fish were unable to progress beyond the larval stage due to selenium toxicity, it would manifest in declining fish populations.
He inquired, “Where can the damage and loss of fisheries be found?”
Gunderson is currently drafting an amendment that clarifies the legislative standard’s implementation, which would only take effect if the EPA chooses to revoke the standard it had previously approved. (The EPA, as the governing body responsible for enforcing the Clean Water Act, holds the final decision-making power regarding water quality standards in Montana.)
In response to a question from Rep. Jill Cohenour, D-East Helena, about other legislatively established water quality standards in Montana statute, Dorrington, with the DEQ, said he’s unaware of any.
HB 473 did not receive immediate action from the House Natural Resources Committee.
