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U.S. EPA has approved strict new water quality standards sought by Montana despite fears that the new rules could hamper the energy industry in neighboring Wyoming. The coalbed methane industry has been booming in the Powder River Basin, which straddles Montana and Wyoming, for the past decade, with more than 20,000 wells drilled in northern Wyoming alone.

The "nondegradation" standards, which were passed by the Montana Board of Environmental Review in 2006, seek to protect irrigated lands in southeastern Montana, where poor-quality water due to coalbed methane production has affected croplands.

Production of coalbed methane results in the release of billions of gallons of water from underground aquifers. The discharged water is typically high in sodium and other salts, which can damage soils and aquatic habitat.

The new water quality rules could allow Montana to halt coalbed methane development in Wyoming, if high salt levels are detected in rivers flowing into Montana.

EPA notified the Montana Department of Environmental Quality that it had approved the standards in a Feb. 29 letter, concluding that the revision is "consistent with the requirements of the Clean Water Act."

Although the new rules theoretically go into effect now that EPA has approved them, it remains unclear whether Montana will be able to enforce the standards because of a pending federal lawsuit.

The energy industry and the state of Wyoming have challenged the rules in court, arguing that Montana's actions could negatively affect energy development.

'A victory'

The Northern Plains Resource Council, a local environmental group, applauded EPA's action, calling it a "victory for farmers, ranchers and Montana citizens who depend on Montana's good-quality water." Many of the council's members are farmers and ranchers who could be affected by water-quality degradation caused by methane development.

In 2003, the Northern Plains council and a coalition of irrigator groups petitioned the Montana Board of Environmental Review to establish numeric water quality standards for electrical conductivity and sodium absorption ratio -- both of which are found at high levels in the water pumped from beneath the ground to release methane gas. Water with high levels of electrical conductivity and sodium absorption ratio can harm crops by changing the chemistry of farm soils and reducing crop yield.

Initially, the environmental board adopted the numeric standards across the state, except in the Tongue, Powder and Little Powder rivers, and Rosebud Creek. That exemption was removed in 2006.

Mark Fix, a Tongue River rancher and chairman of the Northern Plains Resource Council's Coalbed Methane Task Force, said EPA's decision was an important win for Montana's farmers and ranchers. "This decision shows how important it is for citizens to stand up for and protect their good-quality water from irresponsible energy development, and it's a testament to the integrity of the Clean Water Act," Fix said in a statement.

Cara Eastwood, a spokeswoman for Wyoming Gov. Dave Freudenthal (D), declined to comment yesterday, citing the pending litigation.

Nevertheless, Montana Department of Environmental Quality officials said they expect Wyoming to abide by the rules. "We're really not sure what the ground rules are while the litigation is ongoing, but we fully expect Wyoming to observe the approved requirements in the interim until the federal district court in Cheyenne and probably ultimately the 10th Circuit decide the case," said Art Compton, administrator for Montana DEQ's planning division.

The two states have attempted negotiations over the water quality issue, but those talks collapsed in January before an agreement was reached. Wyoming was pushing to exclude the Powder River and two tributaries of the Tongue River from the rules, an idea Montana officials rejected. Those water bodies are included in the new rules.

Gable is an independent energy and environmental writer in Woodland Park, Colo.

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