From: Tom Quintal

Sent: Sun Mar 20 19:22:16 2011

To: ToxicsRuleMaking

Subject: ODEQ Proposed TMDLs

Importance: Normal

Oregon Department of Environmental Quality (DEQ) proposes, through this rulemaking, to revise the water quality standards regulation to address the human health criteria for toxic pollutants. DEQ seeks to raise water quality standards for both point and nonpoint sources of pollution. More specifically, the proposed rules attempt to establish “Implementation-Ready” TMDLs which will require surrogate measures and best management practices for Oregon Placer Miners across the state. DEQ is also seeking to take direct enforcement with excessive fines against Oregon Placer Miner with their overly restrictive 700 NPDES permit.

I oppose DEQ’s establishment of “Implementation-Ready” TMDLs. DEQ believes it is necessary for the agency to “select surrogate measures and conditions” and to “determine specific amount of surrogate measures needed to achieve TMDL goals” to achieve their desired water quality standard.

Oregon Placer mining will be affected by the rulemaking if adopted by the Environmental Quality Commission (EQC) at their June commission meeting. The rules, as proposed, will have significant effects on Oregon Placer mining operations by implementation of the Water Quality Management Plans and Rules adopted by LACs across the state.

All Area Plans and Rules must be economically reasonable and implemented only to the “maximum extent practical” as prescribed by the federal Clean Water Act. If DEQ continues to move forward with the proposed rulemaking language, I believe Placer Mining in Oregon waters could very likely be subject to unreasonable and economically inefficient rules that regulate Placer mining in Oregon waters out of business.

I want to continue to reduce water pollution in Oregon waters to the “maximum extent practicable” as provided in the Clean Water Act. Any regulation implemented that infringes on Placer Water Quality Management Area Plans and Rules should be based on best available Placer mining science. There are many studies that demonstrates the effects of Placer mining affecting water quality that demonstrate they are reasonable and practicable to modern Placer mining practices using Best Management Practices.

Thank you,

Tom Quintal

1718 Sonya Dr. SE

Salem, Oregon 97317