Follow-Up Items from June 30 Meetings

RWG

Background Pollutant Allowance:

•  Concern about cumulative effects of multiple 1% increases on smaller streams/tributaries

•  Re: Municipalities characterization – not all get from multiple sources. Use mass load analysis.

•  Would like to see actual numbers run for industry.

◦  DEQ will calculate for Willamette and one or two others where data is available (Columbia)

•  Tribe supportive of latest modifications to DEQ proposal

•  If worded as WQS provision instead of permitting language, EPA approval is more likely

•  Clarification of language on page 19-20 needed to allow readers to follow DEQ logic.

Delayed Implementation:

•  10^-5 vs 10^-6 as acceptable risk for short period

•  Not delayed, but stepwise/staggered/phased – that is more pragmatic approach

•  Not just about pressure on permits but quality

•  Likely would require EPA to approve each set of criteria. Would need blunt assessment/statement by EQC about its decision to reduce acceptable risk for short time.

◦  Which criteria would actually be impaired by delay? Practical effect?

July 15 Meeting:

•  Impacts to current permit holders

•  Variances

◦  Pollution prevention plan

•  Compliance schedule

Non-NPDES

Proposed Rule Revisions

•  Need to get clear on active, inactive, and legacy road definitions

•  Issue paper needs to show where FPA and Ag have jurisdiction over certain practices

•  Work with Dave from ODA to clarify the language in 041-0061(12) – why does it say “department may consult with ODA and may requ3est that an AgWQMP be prepared and implemented…”

•  How FPA and WQS work together

•  Add language that says DEQ having authority only if the BMPs are adequate. Ag managers need to rely on the AgWQMPs and not have to look at TMDLs to see if they are meeting WQS.

Sediment and Toxics

•  Look at studies to determine how DEQ can address turbidity issues in water bodies other than streams

Implementation-Ready TMDLs

•  Add legal citations

•  Discussed regulation of air and land sources

Pretreatment Update

•  Overlap with SB 737. Look at difference in treatment plans to deal with toxics on the 737 list and those that are not.

•  What is going to happen to the recommendations from the group? The ones that don’t get into the rule can go into a white paper.

July 15 Meeting:

•  Implementation-Ready TMDLs – Presentation with ODA and ODF

•  Pretreatment

•  Div 41 and 42 rule changes suggested today