March 19, 2011

Ms Andrea Matzke

Oregon Department of Environmental Quality

Water Quality Division

811 SW Sixth Ave.

Portland, OR 97204

RE: Proposed Revised Water Quality Standards for Human Health Toxic Pollutants and Revised Water Quality Standards Implementation Policies

Dear Ms Matzke:

Oregon Small Woodlands Association (OSWA) has some major concerns with the above mentioned proposed rules. OSWA has over 3000 members who are family forestland owners. One of our goals is to maintain a positive balance of economical, environmental, and social issues that can influence the ability of family forestland owners to keep family forestlands economically viable. Absent this balance, forests will likely be converted to some other uses. It is common knowledge that family forests in Oregon contribute a variety of valuable products and services to Oregonians and our nation.

OSWA supports logical efforts to maintain the high standard of water quality we experience today coming from Oregon’s forests. That is why we fully support Oregon’s Forest Practice Act. It is critical that any water quality regulation of forestry operations remain under the direction and enforcement of Oregon Department of Forestry, through practical best management practices based on sound, peer reviewed science. The proposed rulemaking language could very likely subject family forestland owners to unreasonable and economically inefficient rules that could force families to sell their forestlands without any real verifiable water quality benefit.

Any regulation and enforcement of forestry practices should come directly from the Oregon Department of Forestry and no other agency. Oregon statute requires landowners to conduct forest management operations in compliance with the Forest Practices Act. ORS 527.770 states that a forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. I am not aware of any Oregon law that provides direct enforcement authority over forest landowners to either the EQC or DEQ, and OSWA is opposed to the language

in the proposed rulemaking that would establish such an authority. OSWA is opposed to DEQ's establishment of TMDLs on forestlands in Oregon. Any attempt by DEQ to directly regulate forestry operations through any mechanism, particularly TMDLs, would be in direct conflict with Oregon law.

OSWA does not claim to have any actual specific water quality expertise, but we must question how a proposed rule with such potential for economic harm to businesses and forestland owners in Oregon could move forward based on questionable old surveys of fish consumption, an unreasonably high safety factor, and a lack of clear evidence that a toxic water quality problem in Oregon’s forests really exists. OSWA recommends DEQ do a better job of identifying a problem, before you propose rules with such potential negative ramifications, particularly at a time when Oregon’s economy is so fragile.

OSWA knows DEQ has put a lot of time into the development of this proposed rule and that you have reached out to many stakeholders, including OSWA, to participate in the process. OSWA appreciates your intent, but not the results. Please modify the proposed rule to remove any suggestion that DEQ might attempt to regulate Oregon’s forests, recognize the real negative impact this rule could have on Oregon’s economy, and do a better job of using actual peer reviewed scientific information about water quality in Oregon to help identify the problem you think you are trying to fix.

Please give these comments consideration. The rules as proposed are not acceptable. Please modify them or delete them all together. Thank you for the opportunity to comment.

Sincerely,

Jim James

Executive Director

Oregon Small Woodland Association