EPA Approval of Water Quality Standards for the State of Oregon | Region 10 | US EPA

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EPA Approval of Water Quality Standards for the State of Oregon

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Technical Support Document (pdf, 110 pp, 328 Kb)
EPA Approval Letter (pdf, 2 pp, 17 Kb)
EPA Press Release (pdf, 3 pp 47 Kb)
EPA’s Proposed Rule (html) or (pdf) and Official Administrative Record/Docket
Administrative Record for Approval Coming Soon


The U.S. Environmental Protection Agency announced on March 2, 2004, approval of new or revised Oregon Water Quality Standards for Temperature, Inter-Gravel Dissolved Oxygen and Antidegradation in accordance with section 303(c)(2)(A) of the Clean Water Act.

Background
An Order by the U.S. District Court for the District of Oregon (Northwest Environmental Advocates v. EPA & the National Marine Fisheries Service directed EPA to sign proposed rules by October 1, 2003 and promulgate or approve final state regulations by March 2, 2004, regarding the following water quality standards: More information on the decisions of the court can be found in the Federal Court Opinions and Orders documents located on this website.

On August 15, 2003, the Oregon Department of Environmental Quality (ODEQ) published proposed revisions to its water quality standards. EPA published proposed water quality standards regulations for the State of Oregon on October 10, 2003. Oregon submitted its final standards to EPA for review on December 10, 2003. After reviewing the standards for compliance with the Clean Water Act and its implementing provisions, and consulting with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service under the Endangered Species Act, EPA approved Oregon’s standards on March 2, 2004. EPA approved certain provisions of the State's rule, finding that Oregon's new or revised standards are consistent with the Clean Water Act.

Public Participation
Over the past 3 years, ODEQ worked extensively with Policy and Technical Advisory Committees to develop drafts of these rules. These discussions included detailed descriptions of how the beneficial use maps and tables were compiled. The basis for the numeric temperature criteria were well documented by DEQ in 1995, and the technical supporting documents were placed on the DEQ webpage (and remain available there). A significant portion of Oregon’s water quality standards has already been the subject of considerable public input in connection with the EPA Region 10 Temperature Guidance for the Pacific Northwest State and Tribal Temperature Water Quality Standards, which EPA Region 10 issued in April 2003.

Prior to initial rule making, in May 2003, DEQ sponsored 10 listening “sessions” around the state of Oregon to discuss the litigation, the existing rule, the EPA Temperature Guidance and rulemaking options available to the State with Oregonians.
In addition to the standard 45-day comment period, ODEQ sponsored 10 public hearings workshops in September 2003 around the State to discuss the proposed time and place use designations. The Environmental Quality Commission approved the Oregon proposed standards on December 4, 2003. On December 10, 2003, ODEQ submitted the proposed standards to EPA for approval action.

Federal Court Opinions and Orders
Initial summary judgment ruling (March 31, 2003) (pdf file, 19 KB)

Ruling on motion for summary judgement and amend complaint (March 31, 2003) (pdf file, 63 KB)

Stipulated Compliance Schedule, CV-01-510-HA (May 7, 2003) (pdf file, 35KB)

Ruling on proposed schedule and request for clarification (June 11, 2003)(pdf file, 60K KB)

Ruling on the plaintiff's request for additional relief (July 14, 2003) (pdf file, 32KB)

Final judgment (August 13, 2003) (pdf file, 135 KB)

Status Report (August 29, 2003) (pdf file, 30KB)




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URL: http://yosemite.epa.gov/R10/WATER.NSF/Water+Quality+Standards/ORTempWQSRevisions

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