Action: Develop rule language specific to the development of compliance schedules for human health water quality criteria

The draft rule language below is not the same as the existing general compliance language in OAR 340‐041‐0061 (16). The proposed language is comprised as both an update to the “Compliance Schedule” definition and as an additional set of rule language specific to human health criteria. The proposed language is described below:

340-041-0002 Definitions

OAR 340-041-0002 (12) “Compliance Schedule” means a provision in an NPDES permit issued

pursuant to OAR 340, Division 041 or a water quality certification pursuant to OAR 340,

Division 48, that delays the application of an otherwise required water quality-based effluent

limitation. Benchmarks, phased in technology-based effluent limitations and performance

standards for municipal separate storm sewer systems, among other compliance and regulatory

tools, are not “compliance schedules” for purposes of OAR 340-041-0061(16).

340-041-0061 (17) Compliance schedules for Human Health-Related Water Quality Criteria.

(a) The department may include a compliance schedule, as that term is defined in OAR 340-041-

0002(12), in an NPDES permit only when the permittee demonstrates that it is not possible for

the permittee to immediately comply with one or more new or newly applied water quality-based

effluent limitations (WQBELs) upon the effective date of the permit because the permittee must

perform substantial facility modifications or modifications in processes or both in order to meet

the new or newly applied WQBELs. A compliance schedule in an NPDES permit is allowed only

for water quality-based effluent limits that are newly applicable to the permit and must comply

with EPA rules governing compliance schedules contained in 40 CFR §122.47 .

(b) In order to demonstrate that a compliance schedule is appropriate, the permittee must provide

to the department a description of the modifications to treatment facilities, operations or measures that must be made to meet the new or newly-applied WQBEL(s) and the soonest time possible the permittee can implement the modifications.

(c) If the department finds that a compliance schedule is appropriate, the permittee must comply

with the WQBEL as soon as possible but in no case later than the schedule set forth in the

compliance schedule.

(d) If the compliance schedule exceeds one year, the department will establish interim

requirements and dates for their achievement. The department will establish interim numeric

limitations for the pollutant in the permit and may also impose interim requirements to control

the pollutant, such as pollutant minimization and source control measures. Numeric interim

limitations for the pollutant must, at a minimum, be based on current treatment facility

performance.

(e) Any compliance schedule contained in an NPDES permit must include an enforceable final

effluent limitation that complies with human health-related water quality standards.

(f) A compliance schedule will not be granted based solely on time needed to develop a Total

Maximum Daily Load or Use Attainability Analysis.