State of Oregon

Department of Environmental Quality  Memorandum

Presiding Officer's Report

Date: April 22, 2011

To:    Environmental Quality Commission

From:    Zach Loboy

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 6:00 p.m.

Hearing Location:    DEQ Medford Office

       Large Conference Room

   221 Stewart Ave., Suite 201
   Medford, OR 97501    

The hearings officer was Zach Loboy. Twenty-three people attended the hearing, eight provided oral testimony. The department convened the rulemaking hearing on the proposal referenced above at 6:00 p.m. and closed it at approximately 8:10 p.m.

Zach announced that he was serving as the hearings officer for this public hearing. Zach 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. People were also advised that the hearing was being recorded.

Zach announced at 7:20 p.m. he would like to begin the formal hearing on the proposed rulemaking. He informed people that the hearing would be recorded and that testimony would become part of the public record for the rulemaking. Zach explained his role was to take testimony on behalf of the EQC and prepare a report summarizing the written and verbal comments. He 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. He added that written comments would be given the same weight as oral comments. Zach 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). He stated that after reviewing the comments, the department may consider revisions to the proposed rules. He 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. 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 list of testifiers all clearly opposed the rulemaking with the exception of Shin Takeda whose testimony was unclear as to whether he supported or opposed the rulemaking. Shin Takeda’s testimony expressed caution and careful consideration of the impact of the rule but discussed diesel engine exhaust, California water quantity issues, DDT, and medications in wastewater. In all instances these comments were irrelevant to the proposed rulemaking.

The opponents of the rulemaking consisted of a municipality, members of the Farm Bureau, the Cattlemen’s association, and a private citizen. The city commented that the program as proposed is extremely regionalized and does not account for differences in water in areas outside of some coastal lakes, the Willamette River basin, and the Columbia River. The city commented that the variance process being proposed in the new rules are not a viable option for solving water quality problems. Concern was expressed over how the variance process would be administered and if DEQ would have enough resources to review the variances in a timely manner. The city also stressed that the cost of complying with the new rules by installing new treatment technology is exorbitant.

The remainder of the opponents to the rulemaking was comprised of agricultural interests. All said that the proposed rules would regulate agriculture, and especially small farms and ranches, out of business and hurt agriculture production in Oregon. A concern expressed by the Farm Bureau members and the Cattlemen’s Association was the belief that the changes to the rules would have DEQ directly regulate and enforce water quality standards on agricultural properties. They also opposed implementation ready TMDL’s. They viewed these things as being in disagreement with the regulatory authority given to ODA by SB1010. They expressed interest in continuing to work under the SB1010 plans.

There was no other testimony provided. The hearing was adjourned at approximately 8:10 p.m.