Background

The Oregon Department of Environmental Quality is proposing to change Oregon’s water quality standards for arsenic, iron and manganese and is seeking public comments by Thursday, Sept. 30. This proposal revises criteria established to protect human health and adds a requirement for certain wastewater dischargers to develop arsenic reduction plans.

 

Why the rule changes are needed

These changes are needed to account for the presence of naturally-occurring earth metals, including arsenic, iron and manganese, in Oregon waters and continue to protect human health. Without these changes, DEQ and regulated parties could be required to expend resources that will not result in health benefits.

 

Rulemaking objective

The objective of this rulemaking is to establish water quality criteria that protect human health, are scientifically based, and target public and private resources toward environmentally meaningful actions. DEQ reviewed the criteria and available scientific information and concludes that the proposed criteria and the arsenic reduction policy will meet these objectives. In addition, EPA will need to concur with that conclusion when it approves the criteria.

 

Who may be affected?

Industries and municipalities that have arsenic, iron and/or manganese in their wastewater and discharge directly to an Oregon surface water body may be affected. The overall affect should be a benefit to dischargers because the proposed criteria are less stringent than the existing criteria. DEQ does not expect the changes to adversely affect the health of people drinking water or eating fish in Oregon.

 

Proposal development

DEQ used several documents and worked with a stakeholder advisory group to develop this proposed rule amendment. The primary documents include:

Water Quality Standards Review and Recommendations: Arsenic, Iron and Manganese, Oregon DEQ, Water Quality Standards and Assessment Section, 2010.

(http://www.deq.state.or.us/wq/standards/review.htm)

 

Quality Criteria for Water. EPA, 1986.

(http://www.epa.gov/waterscience/criteria/library/goldbook.pdf)

 

Water Quality Criteria. EPA, 1976.

(http://www.epa.gov/waterscience/criteria/library/redbook.pdf)

 

Copies of documents used in developing this rulemaking proposal may be reviewed at DEQ’s headquarters office at 811 S.W. 6th Ave., Portland, Oregon. Please contact Stephanie Brandon at (503) 229-5013, or toll-free in Oregon at 1-800-452-4011, ext. 5013 for times when documents are available for review.

 

DEQ worked with a stakeholder workgroup to develop the proposed rule amendments. The workgroup included representatives from Tribes, industry, environmental interests, cities and others. More information on this process is available on DEQ’s website at: http://www.deq.state.or.us/wq/standards/toxics.htm

 

Additional materials available

•  Proposed Rule changes

•  Statement of Need and Fiscal Impact

•  Land Use Evaluation Statement

•  Relationship to Federal Requirements

 

The above documents provide additional information related to this proposed rulemaking and can be viewed on DEQ’s website on “Proposed Rule Revisions” http://www.deq.state.or.us/regulations/proposedrules.htm

 

How to comment

Interested persons may submit comments on the proposed rulemaking in writing via mail, fax or e-mail at any time prior to the comment deadline of 5 p.m. Thursday, Sept. 30, 2010. Written and oral comments can be submitted during any of the public hearings listed below. It is not necessary to attend a hearing in order to comment. Written comments received prior to the deadline are treated equally with oral comments.

 

Written comments may be mailed to Debra Sturdevant, Oregon DEQ, Water Quality Division, 811 SW 6^th Ave., Portland, OR 97204.

 

Comments may also be faxed to Debra Sturdevant at (503) 229-6037, or e-mailed to: waterqualitystandards@deq.state.or.us

 

(DEQ will acknowledge e-mail comments immediately. Comments and attachments are limited to 10 MB. If you do not receive an automatic response, or your comments and attachments will exceed this limit, please contact Debra Sturdevant, Portland, at (503) 229-6691or toll-free in Oregon at 1-800-452-4011, ext. 6691.)

 

If there is a delay between servers, e-mails may not be received before the deadline.

 

Public hearings

DEQ will hold public hearings at two locations in September. Each hearing will begin with a brief overview of the proposed rule changes, followed by the opportunity for members of the public to provide oral and written comment. DEQ will record and review all comments.

 

•  Portland, Tuesday, Sept. 21, 5:30 to 7 p.m., Room EQC-A (10^th floor) at DEQ Headquarters, 811 SW 6^th Ave. Presiding officer: Jennifer Wigal

•  Pendleton, Thursday, Sept. 23, 7 p.m., The Blues Room at St. Anthony’s Hospital, 1601 SE Court Ave.

 Presiding officer: Jennifer Wigal

 

Comment deadline is Sept.30

All comments are due to DEQ by 5 p.m., Thursday, Sept.30, 2010. DEQ cannot consider comments from any party received after the deadline for public comment.

 

How will rules be adopted?

DEQ will prepare a response to all comments received during the public hearing and comment period and may modify the proposed rules. DEQ plans to recommend that the Oregon Environmental Quality Commission adopt the rules at the commission’s Dec. 9-10, 2010 meeting in Portland. DEQ will notify persons of the time and place for final commission action if they submit comments during the hearing or comment period or request to be placed on DEQ’s mailing list for this rulemaking.

 

 

Accessibility information

DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach at (503) 229-5696, Portland, or call toll-free in Oregon at (800) 452-4011; fax to (503) 229-6762; or e-mail deqinfo@deq.state.or.us.

 

People with hearing impairments may call 711.