REGULATORY DEVELOPMENTS

June 2009

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Oregon Undergoing Significant Review of Its Water Quality Standards and Toxics Regulation

Oregon is currently undergoing intense review of water quality standards and other regulation of toxic pollutants on two fronts. First, the Oregon Department of Environmental Quality (DEQ) is in the midst of a triennial review of all its water quality standards, including toxics. As part of that review and revision, DEQ will be adjusting the input for its risk-based calculations by increasing the assumed volume of fish consumed per day by people in Oregon (e.g., the “fish consumption rate”). Second, in a related but separate process mandated by Senate Bill 737 (2007), DEQ and large municipalities in Oregon are involved in a multiyear project to identify, categorize and reduce toxic discharges in Oregon. The result of these two parallel processes will very likely be a reduction in levels of toxics allowed under Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) permits in Oregon. Longer term, both the triennial review and SB 737 show a gradual trend to greater regulation of non-point sources in Oregon.