The Oregon Department of Environmental Quality (ODEQ) is proposing to adopt the EPA’s aquatic life criteria recommendations for six (6) toxic chemicals. The change will add new criteria for acrolein, aluminum, carbaryl, and diazinon and will update criteria for cadmium and tributyltin. The numeric criteria values will be used in DEQ’s water quality programs (assessment, permitting, TMDL) to determine waterbody impairment, pollution control measures, and permit limits.
The current Oregon Administrative Rules (OAR) for aquatic water quality criteria for toxic pollutants are being updated as part of the ODEQ’s 2021 Water Quality Standards Triennial Review. These values were last comprehensively updated to match EPA’s recommended Water Quality Criteria for Aquatic Life Criteria in 2004. To update regulations to match the EPA recommendations, DEQ is updating Rule OAR 340-41-8033 and corresponding Table 30. The change is expected to occur in mid-2024.
ODEQ proposes to add acrolein as it damages mucous membranes in wildlife and humans. The addition of acrolein will affect the papermaking and acrylic plastics/paints/resins industries. Acrolein is utilized to remove slime in the papermaking industry and as a component of acrylic acid production in the plastics, paint, and resin industries. Acrolein will also affect lumber mills with lumber kiln discharges and facilities utilizing acrolein for anti-microbial properties in process water or water treatment ponds.
Aluminum will be added to the aquatic toxics list as it binds to and damages gill tissue in fish. The addition of aluminum will affect the metal industry as a whole, increasing water regulations from the mining process to manufacturing process. Additionally, aluminum is present in a multitude of products, which can contribute to aluminum in process wastewater and stormwater.
Carbaryl is a nervous system-based insecticide that also kills the nervous system of birds and fish with slight damage to mammals, while Diazinon is another nervous system-based insecticide that damages the nervous system of birds, fish, and amphibians. The addition of Carbaryl and Diazinon will solely affect the agriculture industry.
Cadmium is highly mutagenic and increases reactive oxygen species within tissue structures leading to long term damage in fish, amphibians, birds, and mammals including humans. ODEQ proposes to update cadmium’s current criteria values from calculations based on the hardness of the water sample to a set concentration maximum. The update will affect mining, cadmium alloy metalworking and battery industries.
Tributyltin is an organotin biocide which primarily acts as an antifungal agent and can damage algae and aquatic plant life. ODEQ proposes to make the aquatic criteria less strict, slightly increasing the allowed concentration. The update will have minimal impact on sawmills, marine coatings and facilities utilizing tributyltin for antifungal properties in process water.
The proposal is in the early stages. There is yet to be any public involvement and an EQC action meeting has not been scheduled. The rulemaking contact for the proposal is Kaley Major who can be contacted at [email protected] or 503.229.6121.
How Trinity can Support
If you have any questions regarding your applicable water permits or associated fees, Trinity can help evaluate permit applicability and prepare permit applications or modifications. Trinity can also assist with tracking compliance status and managing any violations that may arise following the institution of these water quality criteria.
If you are interested in learning more about stormwater or wastewater management in Oregon, please contact the Trinity Portland Office.
