State of Oregon

Department of Environmental Quality  Memorandum

Presiding Officer's Report

Date: March 28, 2011

To:    Environmental Quality Commission

From:    Pamela Wright

Subject:  Presiding Officer's Report for Rulemaking Hearing

Title of Proposal:  Revising Human Health Water Quality Standards for Toxic Pollutants

Hearing Date and Time:  February 2, 2011 9:00 a.m.

Hearing Location:    DEQ Eugene Office

       Willamette Conference Room

   165 East 7th Ave., Suite 100
   Eugene, OR 97401    

The hearings officer was Pamela Wright. Twenty-eight people attended the hearing, eight provided oral testimony, and 26 written comments were submitted (25 people signed several similar form letters and coupons from a newspaper). The department convened the rulemaking hearing on the proposal referenced above at 9:00 a.m. and closed it at approximately 11:05 a.m.

Pamela Wright announced that she was serving as the hearings officer for this public hearing. Pamela introduced Andrea Matzke and Koto Kishida from DEQ, who gave a short presentation summarizing the proposed rulemaking.

People were asked to sign registration forms if they wished to present comments. Two of the testifiers did not sign in, but were counted as part of the total attendees. People were also advised that the hearing was being recorded.

Pamela announced at approximately 10:25 a.m. she would like to begin the formal hearing on the proposed rulemaking. She informed people that the hearing would be recorded and that testimony would become part of the public record for the rulemaking. Pamela explained her role was to take testimony on behalf of the EQC and prepare a report summarizing the written and verbal comments. She asked that people interested in providing oral testimony fill out a witness registration form, and would call people to testify in the order they turned in the form. She added that written comments would be given the same weight as oral comments. Pamela reminded the audience that the deadline date for receipt of written comments on the proposed rules is Monday, February 23, 2011, at 5 p.m. (this date was later extended to March 21, 2011). She stated that after reviewing the comments, the department may consider revisions to the proposed rules. She added that the department's final recommendation for rule adoption will be made at the EQC meeting scheduled for June 16-17, 2011, and that the EQC can use its own discretion in deciding whether to adopt all, part or none of the proposed rules, postpone adoption, or hold additional public hearings.

Summary of the Testimony

Eight persons provided oral testimony, and twenty-six written comments were submitted by persons who did not testify, with majority of the written comments being a form letter and a coupon clipped out of a newspaper. Table 1 lists the names of those who provided testimony and the general position supported by each person.

TABLE 1: List of Commenters

The following is a summary of written and oral comments received at the hearing. The department will include these comments in the Summary of Comments and Agency Responses for this rulemaking.

The cities of Corvallis and Eugene have been active and forward thinking in their efforts to reduce toxics. They voiced concern that treatment technologies to meet the proposed toxic numbers at the wastewater plants are not available at a reasonable cost to ratepayers in the community. Effective and feasible treatment technologies to reduce toxic chemicals, such as legacy pesticides, PCBs or plasticizers do not exist. Effective toxic reduction must be tackled on a watershed basis, and involve all sources of pollution. They believe DEQ has underestimated the financial impact. An effective water quality toxic reduction program must be a broad initiative, and all sources must be addressed. It cannot be just focused on water quality permit holders.

Adopting the proposed standards without implementation plans in them is, ill-advised, and should be developed and included along with a proposed rule for clarity and understanding. Adopting the proposed standard without embedded implementation plans will not advance the improvement of water quality.

DEQ's solution of variances must be improved. The EPA regulations restrict variances to being short term and temporary. Very low levels of PCBs or pesticides that are found throughout the environment cannot be dealt with in the short term. Even addressing current use toxics will be complicated and may take many years to resolve

Erin King and Day Owen live in rural Oregon surrounded by industrial forest land. Both indicated they felt that DEQ is not going nearly far enough to regulate private forestry. Their primary concerns are sediment, pesticides and slash burning. They both indicated variances would provide an excuse for dischargers not to take responsibility for their actions. Jan Nelson and Reggie De Soto indicated support for stronger environmental regulations. Reggie De Soto voiced support for stricter standards for toxics due to cancers they cause.

John Steele voiced concern about the mercury coming through Cottage Grove Lake and wants DEQ to monitor mercury more extensively there. He also was concerned that variances will prevent water quality from being improved.

Catherine Koehn indicated that the headwaters are not being protected as much as they should. DEQ should develop clear numeric standards for copper and delineate a clear riparian buffer policy. DEQ’s 303(d) list indicates sediment is a problem throughout the basin and yet the agency is doing nothing about it.

There was no other testimony provided. The hearing was adjourned at approximately 11:05 a.m.