Legals March 14, 2018

No. 2415 Montana Eleventh Judicial District Court Flathead County In the Matter of the Name Change of Samule Richard Sturdevant Samule Richard Sturdevant, Petitioner Cause No. DV-18-159C ROBERT B. ALLISON Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Samule Richard Sturdevant to Samuel Richard Breen. The hearing will be on April 18, 2018 at 1:30 p.m. The hearing will be at the Justice Center in Flathead County. Date: February 22, 2018 PEG L. ALLISON Clerk of District Court By: RACHAEL C. MITCHELL Deputy Clerk of Court March 7, 14, 21, 28, 2018 MNAXLP _________________________

No. 2412 Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Department of Environmental Quality On April 10, 2018, at 11:00 a.m., the Department of Environmental Quality ("department") will hold a public hearing in Room 111 of the Metcalf Building, 1520 E. Sixth Avenue, Helena, Montana, and a second public hearing at Whitefish City Hall Council Chambers, 418 E. Second St., 2nd Floor, Whitefish, Montana on April 11, 2018, at 11:00 a.m., to consider proposed amendments of Administrative Rules of Montana (ARM) 17.30.660 pertaining to nutrient standards variances. The proposed amendments are necessary to adopt by reference proposed changes to Department Circular DEQ-12B ("DEQ-12B"). The department is proposing to modify text pertaining to individual variances. Also, an individual variance for the city of Whitefish ("Whitefish") has been requested, and is included in DEQ-12B. Changes to DEQ-12B pertaining to individual variances are addressed first. The proposed amendment does not amend the general nutrient variance provisions contained within DEQ-12B. Since adoption of the June 2017 version of DEQ-12B, the U.S. Environmental Protection Agency ("EPA") has asked the department to change parts of Section 3.0, pertaining to individual variances, to better align with federal variance rules at 40 CFR 131.14. The department considers these suggested changes minor in nature and would not alter the basic methods by which the department grants individual variances, but recognizes the EPA's approval authority for Clean Water Act purposes. Accordingly, changes have been made to Section 3.1 to better accord with 40 CFR 131.14, and especially 40 CFR 131.14(b)(1)(ii). Other changes include clarification on highest attainable condition requirements for individual variances, and the removal of Section 3.2. Section 3.2 is redundant to existing rule at ARM 17.30.660(4) and therefore would be stricken. Section 3.0 would now contain a sentence which makes clear the linkage between DEQ-12B and ARM 17.30.660(4). DEQ-12B would be amended to contain an individual variance for Whitefish; the variance would apply to their proposed new wastewater treatment facility. Whitefish was granted a general nutrient variance for their existing facility under the previous (July 2014) DEQ-12B. Whitefish's MPDES permit expires on 7/31/2020 and during the next renewal the department may no longer implement the 2014 version of the general variance in their permit. As a result of the 2017 changes made to the general variance, Whitefish is now requesting an individual variance. Individual variances are usually for permittees having financial difficulties meeting general variance treatment requirements. The June 2017 DEQ-12B general treatment requirements are more stringent than those used to derive Whitefish's general variance limits under the July 2014 version. Moreover, the new wastewater facility Whitefish is planning (sequencing batch reactor) will cost the community considerably more than the department's minimum expenditure requirement for justifying an individual variance. For these reasons, Whitefish is requesting an individual nutrient standards variance for the proposed facility. The department has consulted with Whitefish and has determined that no reasonable alternative to an individual nutrient variance exists. The department has reviewed Whitefish's individual variance application based on building and operating the facility described above, and has found that Whitefish's justification for an individual variance is acceptable. The individual variance is planned to be implemented in two phases. In phase I (the subject of this rulemaking), the MPDES permit limit would be based on the new facility's design treatment specs of 10 mg TN/L and 1 mg TP/L. Approximately seven years later, phase II would be implemented. For phase II, the permit would be based on the actual achieved concentrations (presumably better than 10 mg TN/L and 1 mg TP/L) resulting from operational stabilization and optimization. Individual variances must be adopted into DEQ-12B on a case-by-case basis following the department's formal rulemaking process. A copy of proposed DEQ-12B and the technical document containing the Whitefish individual variance application, entitled "City of Whitefish Wastewater Treatment Facilities Individual Variance Request from Numeric Nutrient Standards Substantial and Widespread Economic Impact", may be viewed at the Department's website: http://deq.mt.gov/Water/WQINFO/nutrientworkgroup. Copies may also be obtained by contacting Myla Kelly at (406) 444-3639 or e-mail MKelly2@mt.gov. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., April 3, 2018, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Data, views, or arguments regarding the proposed changes to DEQ-12B-either orally or in writing-may be provided at the hearings. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., April 13, 2018. To be guaranteed consideration, mailed comments must be postmarked on or before that date. February 28, March 7, 14, 2018 MNAXLP ________________________