Divisions 41 and 42 Proposed Rule Changes
Forestry 340-041-0007(5) p 1-2
Forestry 340-041-0061(11) p 2-3
Agriculture 340-041-0061(12) p 4-5
TMDL Implementation 340-042-0080(2) p 5-7
Mix Media 340-042-0040(4)(h) p 7-8
Forestry
340-041-0007 Statewide Narrative Criteria
(The language is from 7/15 meeting. The revised language for 8/17 meeting will be included in the Divisions 41 and 42 Revision Issue Paper)
Proposed Language for 7/15 meeting without track changes
340-041-0007(5) Logging and forest management activities must be conducted in accordance with the water quality standards and implementing rules established by the Environmental Quality Commission. Nonpoint source discharges of pollutants from forest operations on state and private forest lands are subject to best management practices and other control measures established by the Oregon Board of Forestry as provided in ORS 527.765 and 527.770. Forest operations conducted in good faith compliance with the best management practices and control measures established under the Forest Practice Act are generally deemed not to cause violations of water quality standards as provided in ORS527.770. Forest operations may be subject to load allocations established under ORS 468B.110 and OAR 340-042, however, to the extent needed to implement the federal Clean Water Act.
340-041-0061 Other Implementation of Water Quality Criteria
(The language is from 7/15 meeting. The revised language for 8/17 meeting will be included in the Divisions 41 and 42 Revision Issue Paper)
Proposed language for forestry for 7/15 Meeting without track changes
340-041-0061(11) Forestry on state and private lands. Nonpoint source discharges of pollutants from forest operations on state or private lands are subject to best management practices and other control measures established by the Oregon Department of Forestry under the Forest Practices Act (ORS 527.610 to 527.992). Such forest operations, when conducted in good faith compliance with the Forest Practices Act requirements are generally deemed not to cause violations of water quality standards as provided in ORS 527.770. Forest operations on state and private lands may be subject to load allocations under ORS 468.110 and OAR 340, Division 42 to the extent necessary to implement the federal Clean Water Act.
Agriculture
340-041-0061 Other Implementation of Water Quality Criteria
(The language is from 7/15 meeting. The revised language for 8/17 meeting will be included in the Divisions 41 and 42 Revision Issue Paper)
Proposed Language for agriculture for 7/15 Meeting without track changes
340-041-0061(12) In areas subject to agricultural water quality management plans and rules developed and implemented by the Oregon Department of Agriculture (ODA) under ORS 568.900 to 568.933 and 561.191, the department will look to the ODA to establish appropriate best management practices (BMPs) or other control measures for agricultural nonpoint source discharges. The department may take additional implementation or enforcement actions, however, if agricultural discharges or activities are causing or contributing to water quality standards violations. Before taking such action, the department will ordinarily consult with the ODA and request that an agricultural water quality management plan be modified and implemented to further reduce pollutant loads and achieve the water quality criteria. The department may also assign specific load allocations and implement measures needed for agricultural nonpoint sources to implement the load allocations under ORS 468B.110 and the OAR 340, Division 42.
TMDL Implementation
340-042-0080 Implementing a Total Maximum Daily Load
(The language is from 7/15 meeting. The revised language for 8/17 meeting will be included in the Divisions 41 and 42 Revision Issue Paper)
Proposed Language for 7/15 Meeting without track changes
340-042-0080(2) The department will request that the Oregon Department of Forestry will serve as the designated management agency for the purpose of developing and enforcing implementation plans for nonpoint source pollution from state and private forestlands. The department will request that the Oregon Department of Agriculture serve as the designated management agency for purposes of developing and enforcing implementation plans for nonpoint sources of pollution within areas subject to Agricultural Water Quality Management Area Plans developed pursuant to ORS 561.191 and ORS 568.900 through 568.933. The department will notify the Department of Forestry or Department of Agriculture, as appropriate, if it determines that existing best management practices or other control measures under the rules implementing the Forest Practices Act or the rules implementing an Agricultural Water Quality Management Area Plan are not adequate to achieve load allocations established under the TMDL. In such cases, the department may impose additional requirements until the designated management agency adopts new or additional best management practices or control measures that are adequate to achieve the load allocation.
Mix Media
340-42-0040 Establishing Total Maximum Daily Load
(The language is from 7/15 meeting. The revised language for 8/17 meeting will be included in the Divisions 41 and 42 Revision Issue Paper)
Proposed Language for 7/15 Meeting without track changes
340-042-0040(h) Load allocations. This element determines the portions of the receiving water's loading capacity that are allocated to existing or potential nonpoint sources, including runoff, deposition, soil contamination and groundwater discharges, or to background sources. Load allocations are best estimates of loading, and may range from reasonably accurate estimates to gross allotments depending on the availability of data and appropriate techniques for predicting loading. Whenever reasonably feasible, natural background, long-range transport and anthropogenic nonpoint source loads will be distinguished from each other.