Corrections and Clarifications to Toxics Water Quality Standards

July 30, 2013

Briefing for Greg Aldrich

Andrea Matzke, Jennifer Wigal

What are the proposed amendments?

1. The amendments will address EPA’s Jan. 31, 2013 disapproval for:

◦  36 pesticide criteria values associated with 11 pesticides

▪  Clarifies frequency and duration components of these criteria.

▪  Reinstate pesticide criteria for endosulfan alpha, endosulfan beta, and heptachlor epoxide (currently, no effective criteria because there were no replacement criteria in Table 20 when EPA disapproved the criteria)

◦  Freshwater criteria for selenium

▪  Applies conversion factors to criteria to convert total recoverable expression to dissolved expression as intended in 2004.

◦  Removal of aluminum from toxics table because there are no replacement criteria last approved by EPA from Table 20

◦  Does NOT address EPA’s disapproval of aluminum, ammonia, cadmium (acute criterion only), and copper

▪  Will be addressed in subsequent rulemaking(s)

2. Reinstate freshwater and saltwater arsenic criteria and chromium VI saltwater criteria that were inadvertently omitted from the criteria table during a 2007 rulemaking

◦  EPA took no action but recommended that OR reinstate criteria from 2004 EQC adoption

3. Correct typographical errors made during the 2011 Human Health Toxics Rulemaking, and other corrections/errors made during the 2004 rulemaking. Provide additional clarity to footnotes.

◦  Arsenic Reduction Policy—several incorrect rule references

◦  Table 40—minor corrections and change one criterion to two significant figures per EPA guidance

◦  Delete incorrect footnotes and clarify other footnotes originating from Tables 33A and 33B

4. Propose to move all effective aquatic life criteria from Tables 20, 33A, and 33B into a new aquatic life criteria table, Table 30

◦  Tables 20, 33A, and 33B are no longer needed and would be repealed under this proposal.

◦  References to Table 20 in the Bacteria and Groundwater rules will be deleted and instead generally reference the aquatic life criteria in the Toxics Substances rule.

◦  Reformatted Table 30, Table 33C (contains aquatic life guidance values and re-named as Table 31), and Table 40 to DEQ table formatting guidelines

Who is affected?

◦  Toxics criteria apply to primary industrial dischargers and major domestic sources

◦  DEQ does not expect significant impacts

Who was involved in rulemaking?

◦  Advisory Committee met twice: June 25 and July 11

◦  No significant concerns, although NWPPA still has some residual concerns that rulemaking changes to the toxics tables could lead to a more comprehensive review of the toxics criteria. NWPPA conversations with EPA indicate that it will only act on the changes DEQ makes, not the underlying criteria that did not change.

◦  Received internal review from Rob Burkhart, Lori Pillsbury, Deb Sturdevant, Mike Poulsen (Clean-up Program), Jane Hickman, Maggie Vandehey, and Larry Knudsen.

Timeframes?

◦  EMT Review: Aug. 1 – Aug. 7

◦  Key legislators: Sen. Dingfelder and Rep. Bailey

◦  SOS Documents: Aug. 15

◦  Public Comment Period: Sept. 1 – Sept. 30

◦  Public Hearing: Sept. 18, Portland

◦  EQC Adoption: Dec. 11 – 12, 2013

◦  Proposed rules will become applicable on April 18, 2014 and must be approved by EPA