Gov Delivery Message

Corrections and Clarifications to Toxics Water Quality Standards Rulemaking

The Oregon Department of Environmental Quality (DEQ) is proposing a rulemaking to make corrections and clarifications to its water quality standard rules for toxics. DEQ is conducting this rulemaking in response to EPA’s Jan. 31, 2013 disapproval of a number of toxics criteria that Oregon adopted in 2004 to protect aquatic life. EPA disapproved some of the criteria due to errors or lack of clarity, while other criteria were disapproved based on more substantive issues. The objective of this rulemaking is to revise criteria where the remedies are straightforward, such as correcting 11 pesticides and freshwater selenium criteria. DEQ also proposes to consolidate the effective aquatic life toxics criteria that are currently contained in three tables into one table. In addition, this rulemaking intends to correct typographical errors associated with the Human Health Toxics Rulemaking adopted in 2011.

Parties affected by this proposal generally include industrial and municipal dischargers that have toxics monitoring requirements and discharge to waters of the State.

The Notice of Proposed Rulemaking for these amendments will be published in the Sept. 1, 2013 Oregon Bulletin. To learn more about this rulemaking, or to submit comments on this rulemaking, please see: DEQ Rules Registry. Comments must be submitted by 5 p.m. on Sept. 30, 2013.

DEQ expects to recommend these amendments to the Environmental Quality Commission at its Dec. 11-12, 2013 meeting. EPA must then approve the adopted rules before they become effective for Clean Water Act programs. Following EPA approval, the amendments become effective on April 18, 2014.

Meeting materials from the two Advisory Committee meetings may be found on DEQ's Corrections and Clarifications to Toxics Water Quality Standards Rulemaking 2013 webpage. If you have questions or need additional information, you may also contact Andrea Matzke at 503-229-5384 or by email.