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

Current Language

340-041-0007(5) Logging and forest management activities must be conducted in accordance with the Oregon Forest Practices Act to minimize adverse effects on water quality.

Proposed Language for 7/15 Meeting

340-041-0007(5) Logging and forest management activities must be conducted in accordance with the Oregon Forest Practices Act to minimize adverse effects on water quality. 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 ORS 527.770. 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.

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.

Proposed Language for 6/30 Meeting

340-041-0007(5) Forestry on state and private lands. Forest operations on state or private lands are subject to compliance with the water quality standards and rules established in this division. Nonpoint source discharge from forest operations are subject to best management practices (BMPs) and other rules adopted by the Board of Forestry under the Forest Practices Act (ORS 527.610 to 527.992). The BMPs and other control; measures established by the Board of Forestry must ensure that water quality standards are achieved and maintained to the maximum extent practicable. To the extent provided in ORS 527.770, nonpoint source discharges from a forest operation conducted in compliance with BMPs established under the Forest Practices Act are not considered to be in violation of the water quality standards established in this division. Forest operations are subject, however, to pollution load allocations established by DEQ under ORS 468B.110 and OAR Division 42 for the purpose of implementing a total maximum daily load established under Clean Water Act Section 303.

Draft Language from 5/20 Meeting

340-041-0007(5) Logging and forest management activities are subject to compliance with the water quality standards and pollution load allocations. Commercial logging and forest management activities are regulated by the Forest Practices Act (FPA). Therefore, forest practices rules adopted by the Board of Forestry under FPA must conform to Water Quality Standards and TMDLs issued by DEQ.

340-041-0061 Other Implementation of Water Quality Criteria

Current Language for forestry

340-041-0061(11) Forestry on state and private lands. For forest operations on state or private lands, water quality standards are intended to be attained and are implemented through best management practices and other control mechanisms established under the Forest Practices Act (ORS 527.610 to 527.992) and rules thereunder, administered by the Oregon Department of Forestry. Therefore, forest operations that are in compliance with the Forest Practices Act requirements are (except for the limits set out in ORS 527.770) deemed in compliance with this division. DEQ will work with the Oregon Department of Forestry to revise the Forest Practices program to attain water quality standards.

Proposed Language for forestry for 7/15 Meeting

340-041-0061(11) Forestry on state and private lands. Nonpoint source discharges of pollutants from For forest operations on state or private lands are subject to, water quality standards are intended to be attained and are implemented through best management practices and other control measures mechanisms established by the Oregon Department of Forestry under the Forest Practices Act (ORS 527.610 to 527.992). and rules thereunder, administered by the Oregon Department of Forestry. Therefore, fSuch forest operations, when conducted in good faith that are in compliance with the Forest Practices Act requirements are generally deemed not to cause violations of water quality standards as provided in (except for the limits set out 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. deemed in compliance with this division. DEQ will work with the Oregon Department of Forestry to revise the Forest Practices program to attain water quality standards.

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.

Proposed language for forestry for 6/30 meeting without track changes

340-041-0061(11) Forestry on state and private lands. Forest operations on state or private lands are subject to compliance with the water quality standards and rules established in this division. Nonpoint source discharge from forest operations are subject to best management practices (BMPs) and other rules adopted by the Board of Forestry under the Forest Practices Act (ORS 527.610 to 527.992). The BMPs and other control; measures established by the Board of Forestry must ensure that water quality standards are achieved and maintained to the maximum extent practicable. To the extent provided in ORS 527.770, nonpoint source discharges from a forest operation conducted in compliance with BMPs established under the Forest Practices Act are not considered to be in violation of the water quality standards established in this division. Forest operations are subject, however, to pollution load allocations established by DEQ under ORS 468B.110 and OAR Division 42 for the purpose of implementing a total maximum daily load established under Clean Water Act Section 303.

Draft Language from 5/20 Meeting without track changes

340-041-0061(11) Forestry on state and private lands. For forest operations on state or private lands, water quality standards are intended to be attained and are implemented through best management practices and other control mechanisms established under the Forest Practices Act (ORS 527.610 to 527.992) and rules thereunder, administered by the Oregon Department of Forestry. Therefore, forest operations that are in compliance with the Forest Practices Act requirements are (except for the limits set out in ORS 527.770) not subject to enforcement by DEQ while “BMP shielf” is in place. If DEQ has evidence that forest activities are contributing to water quality problems resulting in violations of water quality standards or TMDL load allocations, DEQ must work with the Oregon Department of Forestry to revise the Forest Practices rules to attain water quality standards and TMDL load allocations.

Agriculture

Current Language for agriculture

340-041-0061(12) Agricultural water quality management plans to reduce agricultural nonpoint source pollution are developed and implemented by the Oregon Department of Agriculture (ODA) through a cooperative agreement with the department to implement applicable provisions of ORS 568.900 to 568.933 and 561.191. If the department has reason to believe that agricultural discharges or activities are contributing to water quality problems resulting in water quality standards violations, the department may consult with the ODA. If water quality impacts are likely from agricultural sources and the department determines that a water quality management plan is necessary, the director may write a letter to the director of the ODA requesting that such a management plan be prepared and implemented to reduce pollutant loads and achieve the water quality criteria.

Proposed Language for agriculture for 7/15 Meeting

340-041-0061(12) In areas subject to aAgricultural water quality management plans and rules to reduce agricultural nonpoint source pollution are developed and implemented by the Oregon Department of Agriculture (ODA) through a cooperative agreement with the department to implement applicable provisions of 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 . TIf the department may take additional implementation or enforcement actions, however, if has reason to believe that agricultural discharges or activities are causing or contributing to water quality problems resulting in water quality standards violations. Before taking such action, the department may will ordinarily consult with the ODA and request that an agricultural . If water quality impacts are likely from agricultural sources and the department determines that a 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.is necessary, the director may write a letter to the director of the ODA requesting that such a management plan be prepared and implemented to reduce pollutant loads and achieve the water quality criteria.

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.

Proposed Language for agriculture for 6/30 Meeting without track changes

(12) Agricultural water quality management plans to address agricultural nonpoint source pollution are ordinarily developed and implemented by the Oregon Department of Agriculture (ODA) under the authority of ORS 568.900 to 568.933 and ORS 561.191. The department may take additional implementation or enforcement actions, however, if it that agricultural discharges or activities are causing or contributing to water quality standards violations. Before taking such action the department may consult with the ODA and may request that an agricultural water quality management plan be prepared and implemented or that an existing plan be modified to further reduce pollutant loads and achieve the water quality criteria.

Proposed Language for agriculture for 5/20 Meeting without track changes

(12) Agricultural water quality management plans to reduce agricultural nonpoint source pollution are developed and implemented by the Oregon Department of Agriculture (ODA) through a cooperative agreement with the Department of Environmental Quality (DEQ) to implement applicable provisions of ORS 568.900 to 568.933 and 561.191. If DEQ has evidence that agricultural discharges or activities are contributing to water quality problems resulting in violations of water quality standards or TMDL load allocations, the department must work with the ODA to revise applicable Agricultural Water Quality Management Area Plans and Rules to attain water quality standards and TMDL load allocations.

TMDL Implementation

340-042-0080 Implementing a Total Maximum Daily Load

Current Language

340-042-0080(2) The Oregon Department of Forestry will develop and enforce implementation plans addressing state and private forestry sources as authorized by ORS 527.610 through 527.992 and according to OAR chapter 629, divisions 600 through 665. The Oregon Department of Agriculture will develop implementation plans for agricultural activities and soil erosion and enforce associated rules as authorized by ORS 568.900 through 568.933 and according to OAR chapter 603, divisions 90 and 95.

Proposed Language for 7/15 Meeting

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 enforceing implementation plans for nonpoint source pollution from addressing state and private forestlands. ry sources as authorized by ORS 527.610 through 527.992 and according to OAR chapter 629, divisions 600 through 665. The department will request that the Oregon Department of Agriculture serve as as the designated management agency for purposes of will 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 agricultural activities and soil erosion and enforce associated rules as authorized by ORS 568.900 through 568.933 and according to OAR chapter 603, divisions 90 and 95. 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.

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.

Proposed Language for 6/30 Meeting

(2) DEQ will designate the Oregon Department of Forestry (ODF) as the management agent for implementation of the load allocations assigned to nonpoint source sectors associated with state and private forest lands. DEQ will designate the Oregon Department of Agriculture (ODA) as the management agent for implementation of load allocations assigned to nonpoint sectors associated with the agricultural lands. When a load allocation is assigned to a specific nonpoint source within a sector, the source may rely on BMPs or other control measures in FPA rules or agricultural water quality management plans and rules to meet the load allocation only when the TMDL identifies that the management agency’s pre-existing BMPs or control measures are adequate to implement the source specific load allocations or when the management agent adopts new or additional BMPs or control measures designed specifically to implement the load allocations.

Proposed Language without track changes

(2) DEQ will designate the Oregon Department of Forestry (ODF) as the management agent for implementation of the load allocations assigned to nonpoint source sectors associated with state and private forest lands. DEQ will designate the Oregon Department of Agriculture (ODA) as the management agent for implementation of load allocations assigned to nonpoint sectors associated with the agricultural lands. When a load allocation is assigned to a specific nonpoint source within a sector, the source may rely on BMPs or other control measures in FPA rules or agricultural water quality management plans and rules to meet the load allocation only when the TMDL identifies that the management agency’s pre-existing BMPs or control measures are adequate to implement the source specific load allocations or when the management agent adopts new or additional BMPs or control measures designed specifically to implement the load allocations.

Draft Language from 5/20 Meeting

None

Mix Media

340-42-0040 Establishing Total Maximum Daily Load

Current Language

340-042-0040(h) Load allocations. This element determines the portions of the receiving water's loading capacity that are allocated to existing nonpoint sources, 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 and anthropogenic nonpoint source loads will be distinguished from each other.

Proposed Language for 7/15 Meeting

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.

Proposed Language for 7/15 Meeting without track changes

(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.

Proposed language for 6/30 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 nonpoint sources, 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 and anthropogenic nonpoint source loads will be distinguished from each other.