Streamflow Duration Assessment Method For Section 404 Compliance

Section 404 of the federal Clean Water Act and Oregon’s Removal-Fill Law require permits to protect water resources when someone plans to place soil, dredged or other material in regulated waters. The task of determining if a particular stream is protected under federal and state fill and disposal regulations has become a little easier. The new Streamflow Duration Assessment Method for Oregon will help natural resource professionals, consultants and regulators identify whether a fill or removal project with potential stream impacts must obtain permits.

This new method provides a consistent, repeatable and quick way to identify whether an Oregon stream is intermittent, perennial or ephemeral. Intermittent streams, which flow seasonally, and perennial streams, which flow continuously, are typically subject to both state and federal regulations. Ephemeral streams only flow after rainfall or during snowmelt, and under current agency practice are protected under the Clean Water Act if they have a significant effect on the integrity of larger downstream waters.

The tool was released in November after a two-year trial run. The method was tested and refined at over 170 sites in western and eastern Oregon during both the wet and dry seasons. The method proved accurate in many environments including natural, modified and braided channels. It is a scientific tool that is useful anytime the duration of streamflow must be determined, and may help identify other stream-related issues. Because of the demonstrated benefit in Oregon, the method is already being adapted for use in Idaho and Washington.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Oregon DEQ General Permit For Pesticide Application

The Oregon Department of Environmental Quality (DEQ) has released and has requested public comments on its proposed National Pollutant Discharge Elimination System (NPDES) pesticide general permit. The proposed permit is in response to the January 2009 Sixth Circuit Court ruling that NPDES permits are required for all biological and chemical pesticide applications that leave a residue or excess pesticide in water when the applications are made in, over or near water. The court required permits to be effective no later than April 9, 2011.

DEQ has proposed to issue the general permit for the following pesticide applications:

1. Mosquito and other flying insect pest control
2. Weed and Algae Control for invasive or other nuisance weeds, algae and pathogens in water and at the water’s edge.
3. Nuisance Animal Control for the control of invasive or other nuisance animals and pathogens in water and at the water’s edge.
4. Forest Canopy Pest Control for the control of pest species by using aerial application of a pesticide over a forest environment or from the ground.
5. Area-Wide Pest Control for the control of pest species by using aerial pesticide application to cover a large area to avoid substantial and widespread economic and social impact.
   

The permit, once finalized, may affect both public and private entities that use pesticides for the types of pesticide applications listed above.

Operators who conduct pesticide applications above an annual threshold will need to register with DEQ. The Annual Treatment Area Thresholds proposed are:

Mosquitoes and Other Flying Insect Pests - 6,400 acres of treatment surface area
Weed and Algae Control (Excludes irrigation districts formed under ORS 545)
In Water - 20 acres of surface treatment area
In Water and at Water’s Edge: - 50 linear miles of treatment area.
Nuisance Animal Control:
In Water - 20 acres of treatment surface area
In Water and at Water’s Edge - 50 linear miles of treatment surface area.
Forest Canopy Pest Control - 6,400 acres of treatment surface area
Area Wide Pest Control - 6,400 acres of treatment surface area.

The draft permit requires all operators to minimize pesticide discharges by:

• using the optimal amount of pesticide
• preventing leaks and spills
• calibrating equipment
• use integrated pest management
• minimize the discharge of pesticides
• meet water quality standards
• maintain certain records
• report adverse incidents

Operator are also required to notify private and domestic drinking water users prior to the use of pesticides that have potable water use restrictions. All operators are required to conduct site monitoring and visual monitoring to ensure that pesticide use is minimized.

The permit sets a threshold that requires the largest pesticide users under each type of pest control to:

• submit an application for registration and pay fees
• implement integrated pest management
• develop a pesticide discharge management plan
• submit annual reports

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

DEQ Rulemaking On Human Health Based Water Quality Criteria

The Oregon Department of Environmental Quality is proposing rulemaking, to revise the water quality standards regulation to address the human health criteria for toxic pollutants. DEQ also has proposed to adopt new and revised water quality standards rules on implementing water quality standards through various water quality control programs, including National Pollutant Discharge Elimination System (NPDES) permits and nonpoint source pollution programs.

DEQ’s currently effective human health toxics criteria are based on a fish consumption rate that US EPA does not believe provides adequate protection for the amount of fish and shellfish consumed by Oregon residents. On June 1, 2010, EPA disapproved human health toxics criteria which Oregon submitted for approval in 2004 and which were based on a fish consumption rate of 17.5 grams per day. EPA disapproved the human health toxics criteria because the fish consumption rate is not considered protective of many Oregonians. DEQ is addressing EPA’s disapproval by proposing to use a higher fish consumption rate of 175 g/day to calculate more protective human health toxics criteria. If DEQ does not establish revised criteria, EPA must conduct rulemaking to develop human health toxics criteria for Oregon.

The proposed rulemaking also proposes new rule language and revisions to existing rule language for various NPDES permit implementation tools developed to assist dischargers in complying with revised standards. Revisions to the water quality standards and Total Maximum Daily Load (TMDL) rules are also intended to make DEQ’s rules consistent with state statutes affecting nonpoint sources of pollution and for DEQ to assign pollution load allocations to significant land and air sources in TMDLs.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

Arsenic Standards and Arsenic Reduction Plan Revised by ODEQ

The Oregon Department of Environmental Quality (DEQ) is proposing to change Oregon’s water quality standards for arsenic. Public comments on the proposed change are due by February 23, 2011. The proposal revises criteria established to protect human health and adds a requirement for certain wastewater dischargers to develop Arsenic Reduction Plans.

DEQ originally proposed revisions to the state’s arsenic, iron and manganese standards for public comment in August 2010. DEQ subsequently revised the proposed arsenic criteria based on comments received. DEQ has reopening public comment and is requesting public comment on the revised proposed arsenic criteria. The Oregon Environmental Quality Commission adopted the iron and manganese standards revisions in December 2010.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website