The state of Oregon is undertaking the required triennial review of its water quality standards, which will determine the state’s priorities for developing new/updated water quality standards, designated uses, and state rules. One priority of particular concern is to review the state’s human health criteria based on the Environmental Protection Agency’s (EPA) current recommendations, which could significantly lower the allowable level of toxic chemicals allowed in Oregon’s rivers, streams, and lakes. This is primarily related to EPA’s assumption that Indigenous populations consume a larger portion of fresh caught fish as part of their annual diet than other populations, which was the basis for EPA mandating strict human health criteria water quality standards for the
State of Washington in 2022.
Currently, the Oregon Department of Environmental Quality is considering a variety of projects that they have ranked as:
- In Progress/High Priority
- Potential Projects
- Proposed High Priority Projects
- Proposed Medium Priority Projects
- Proposed Low Priority Projects
Of the projects, the most likely to have a significant impact on industrial facility wastewater permits (NPDES/ Pretreatment Permits) include:
- Human health criteria evaluation against EPA recommendations
- Impact – If EPA’s model is used, it is likely to result in significantly lower allowable levels of most toxic chemicals (metals, volatile organic chemicals (VOC), etc.), which will impact NPDES and pretreatment permit limits.
- PFOA/PFAS statewide criteria consideration.
- Impact – If adopted, many industries could see PFOA/PFAS limitations as part of water discharge permits. The testing for PFOA/PFAS can be difficult as test methods cannot reach the precision required by other state standards, and in one study performed by NCASI, several laboratories did not fully follow EPA’s PFOA/PFAS test method fully.
- Update of the sedimentation narrative criteria
- Impact – Decrease sediment or Total Suspended Solids (TSS) and other parameters in NPDES permits.
- Designated use of certain water bodies or portions of water bodies where trout spawning occurs.
- Impact – Limited, but facilities discharging within these zones will likely see additional scrutiny and potentially additional limitations related to aquatic life criteria related to trout spawning. This project could also impact pretreatment dischargers to local POTWs, as their capacity to treat for many parameters can be limited.
- Addressing site specific instances where water body temperatures cannot attain biologically based numeric criteria
- Impact – Industrial dischargers to these water bodies will likely see revisions to their temperature discharge limits.
- Nomination of several water bodies as Outstanding Resource Waters (ORW), including Illinois River, Rough and Ready Creek, Steamboat Creek, and Metolius River.
- Impact – New or expanded industrial and/or municipal discharges to these water bodies and their upstream tributaries would be severely restricted to protect the water quality and wildlife habitat of these systems.
- Malheur River cool water species narrative criteria development
- Impact – Reduction of temperature limitations for existing dischargers and limit new or expansion of dischargers with “excessive temperature” discharges.
- Evaluating drinking water designated use water quality criteria for inclusion of turbidity, Total Dissolved Solids (TDS), or toxic criteria
- Impact – New criteria for industrial facilities discharging to waters designated for use as drinking water
- Update of designated use for intermittent/ephemeral streams
- Impact – New designated uses could result in more restrictive water quality criteria to be imposed as part of NPDES permits in the form of lower limits, which could also impact pretreatment discharges.
- Toxics human health criteria variances related to arsenic and other toxics chemicals and criteria due to background levels.
- Impact – Some facilities may be able to apply for variances due to naturally occurring, variable pollutants.
Oregon DEQ is evaluating a variety of updates to its rules and water quality standards for water bodies and criteria throughout the state. Many of these are likely to have an impact on facility NPDES and potentially pretreatment permits requiring additional treatment or reductions or eliminations of specific discharges. Oregon DEQ is receiving comments on these proposed changes through December 2, 2024, at 5:00 pm.
Trinity Consultants is available to support any questions you may have on how these potential changes could impact your facility and assist in providing comments to Oregon DEQ. It is also helpful to contact your industry trade associations to bolster comments that are submitted, and potentially provide alternative methods for Oregon to evaluate the risk to humans and aquatic life.
The press release and summary of the proposed Triennial Work Plan can be found on
Oregon DEQ’s website.
Contact Josh Haar, PE at
404.751.0244, with any questions or concerns.
