Rulemaking Workgroup: Permitting Issues/ Meeting #13OREGON’S WATER QUALITY STANDARDS PROJECT
Rulemaking Workgroup: Permitting Issues/ Meeting #13
April 27, 2010, 8:30 – 11:30 MORNING SESSION
Location: EPA Conference Room 5th Floor
805 SW Broadway, Suite 500
Portland, OR 97205 (503) 326-3250
Call-in Line: 866-299-3188
Access Code: 503-326-5873
Goals for Today’s Meeting
❖ Decide whether or not DEQ will move forward with a separate rulemaking for As, Fe, and Mn
❖ Review background pollutant issue paper distributed by DEQ and get input from work group members regarding which tool should be included in this rulemaking to address background pollutants in OR.
❖ Outline DEQ’s approach on restoration water quality standards
AGENDA
8:15 Gather and Settle
8:30 Welcome, Introductions & Review Goals for the Day (Donna Silverberg)
▪ Updates and Announcements (All)
8:45 Separate Rulemaking for As, Fe, and Mn (Debra Sturdevant/Subcommittee)
Objective: Decide whether or not DEQ will move forward with a separate rulemaking for As, Fe and Mn.
Materials: Memo: Conditions required for DEQ to consider moving ahead (sent by Debra Sturdevant in an earlier e-mail on 4/14)
1. DEQ will provide a quick overview of their current recommendation
2. Input from the rulemaking workgroup
3. Make decision on whether or not DEQ will move forward with a separate rulemaking for As, Fe, and Mn
9:15 Review of 3 Tools to Address Background Pollutant Concentrations
Objectives:
1. Briefly review DEQ’s background pollutant issue paper& recommendation
2. Work group members provide input: which of the 3 tools should be included in this rulemaking package to address background pollutants in OR? Why or why not?
3. DEQ provide date by which they will announce path forward to workgroup members
Materials: Background Pollutants Issue Paper (dated 4/20 and sent out with agenda)
DEQ’s Recommendation: DEQ recommends using a de minimus approach to address background pollutants. General permits can be developed under existing permitting regulations. No additional rule language is needed. DEQ analysis indicates that a limited number of non-contact cooling facilities would fit under the currently proposed applicability criteria for a multiple discharger variance (MDV). Given the limited applicability of this tool, DEQ does not see a compelling reason to propose a MDV for non-contact cooling facilities at this time. Is there any specific refinement to this approach that the work group recommends? If so, why?
Process for today:
1. DEQ will summarize purpose, applicability, and policy considerations of each tool. A short opportunity for questions will follow. The discussion for each tool will be limited to 10-15 minutes.
➢ General Permit (Spencer Bohaboy)
➢ De Minimus (Debra Sturdevant)
➢ Multiple Discharger Variance (Andrea Matzke)
2. Gather workgroup input on which tool should be included in this rulemaking package to address background pollutant concentrations.
3. Summarize thoughts from DEQ, including a statement of when a decision on the path forward will be communicated to work group members.
10:45 Break
11:00 Restoration Water Quality Standards (Andrea Matzke)
Objective: Outline DEQ’s recommended approach on restoration water quality standards
Materials: Water Quality Restoration Standards Issue Paper (dated 4/20 and sent out with agenda)
DEQ Recommendation: A specific waterbody has not been identified where restoration standards could be applied as part of this rulemaking; however, the Department is open to pursuing restoration standards, where applicable, under a separate rulemaking.
11:20 Next Steps/Wrap-Up
▪ Review of decisions
▪ Review of action items
▪ Criteria table work group review timeframe
▪ Establish agenda for May 20th meeting
11:30 ADJOURN
Thank you for your continued commitment to these issues and this process