Compliance Schedules for Human Health Criteria

After considering the option of including “Hanlon memo” language in the rule, the Department has decided to retain the current rule language. It is anticipated that additional information/interpretations will be described in the IMD. If the current compliance language found under (16) has to go through formal ESA consultation before EPA can approve a compliance schedule for aquatic life criteria and it becomes effective, then this provision, which is specifically for human health, would be available sooner.

Revised Language

(167) Compliance schedules for human health criteria. In a permit issued under OAR 340, division 045 or in a water quality certification under OAR 340, division 48, the department may include compliance schedules for the implementation of effluent limits derived from water quality criteria in this division established to protect human health. A compliance schedule in an NPDES permit is allowed only for water quality based effluent limits that are newly applicable to the permit and must comply with provisions in 40 CFR 122.47 (including the requirement that water quality criteria must be achieved as soon as possible).