Federal

• EPA has proposed a draft analytical method for measuring 6PPD-quinone in stormwater and surface waters. Many of you may be following the increasing regulatory attention to 6PPDq – a chemical additive in rubber tires to help extend a tire's life and use. These chemicals have been in use for more than 50 years and have been found to be very toxic to salmon and trout species as well as other aquatic life.
• On May 28, 2024, the U.S. Supreme Court granted cert in San Francisco v. EPA.  The case calls for the U.S. Supreme Court to resolve a critical question—whether the Clean Water Act allows EPA (and authorized states) to imposed generic prohibitions against violating water quality standards in National Pollutant Discharge Elimination System (NPDES) permits. 

Oregon

• Oregon DEQ has just opened a public comment period for proposed rule changes for the Wastewater Operator Certification Program.  The Public Notice, which includes a link to the proposed changes, is found at this site: https://www.oregon.gov/deq/rulemaking/Pages/WasteWater2024.aspx.  This effort includes updating the qualification pathways to certification for wastewater system operators, facilitating operator certification reciprocity among states, modernizing and simplifying the way wastewater systems are classified, and expanding options for attaining compliance when a supervisory operator is not available.

• DEQ has formed a Rule Advisory Committee to provide DEQ with input on the Willamette River Mainstem and Major Tributaries temperature Total Maximum Daily Load replacement. The role of the rule advisory committee is to advise DEQ on the economic and fiscal impacts of the proposed rules, revision of required TMDL elements with a focus on the TMDL allocations to be updated based on the current temperature criteria for the Willamette River Mainstem and Major Tributaries and revisions to the Water Quality Management Plans. Read more about the proposed rulemaking: https://www.oregon.gov/deq/rulemaking/Pages/tmdlrwillmainstem.aspx
• The Oregon Water Resources Department, in partnership with a multi-agency team, has been working collaboratively with communities across Oregon to create a best practices resource for engaging communities when developing water projects. As part of Oregon Revised Statutes (ORS) 541.551, the named state agencies may choose to make support available for the creation of community engagement plans through designated programs. The draft document titled, Best Practices in Community Engagement around Water Projects, can be found online at Oregon Water Resources Department's funding opportunities webpage.
• The Environmental Quality Commission adopted rules to increase water quality permit, license and certification fees by up to 3% in 2024 for fiscal year 2025, as provided in ORS 468B.051. The amount of the increase may not exceed the anticipated increase in the cost of administering the program or 3%, whichever is lower. In addition to the 3% fee increase, the Onsite Septic Program included a one-time fee increase of approximately 14% to fund resource enhancements authorized by the 2023 Legislature in Policy Option Package 123. DEQ will begin receiving the increased fee revenue in August 2024 for the Onsite program and in November 2024 for all other programs. There is more information about these rule adoptions on these DEQ web sites:
  • State of Oregon: Rulemaking - Water Quality Fees 2024
  • https://www.oregon.gov/deq/wq/wqpermits/Pages/All-Permits-Applications.aspx
  • The Oregon Environmental Quality Commission designated Matt Donegan as the new commission chair at the meeting on Friday July 12. The commission is the governing body for the Oregon Department of Environmental Quality, responsible for reviewing and adopting agency policies and rules. Donegan said, "I am honored to be designated chair of the commission to provide leadership service to DEQ and to Oregon.” “Although I am new to the commission and have a lot to learn from DEQ staff and from my fellow and former commissioners, I bring experience having chaired other state boards and commissions and I believe very strongly in the mission of the agency,” he said.

PFAS

• In case you missed it! EPA has taken the following actions on PFAS in the last three months:
  • EPA also finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL) in drinking water for five PFAS compounds and a Hazard Index MCL for a mixture of four PFAS.  Read more here.
  • EPA is proposing to modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. This modification would assure that EPA’s regulations clearly reflect EPA’s and authorized states’ authority to require cleanup of the full range of substances that the Resource Conservation and Recovery Act (RCRA) intended, including emerging chemicals of concern, such as PFAS, that may present substantial hazards, at permitted facilities. Currently, the regulations do not clearly and accurately reflect the full authorities granted to EPA by Congress. EPA is also proposing to amend its RCRA regulations to add multiple PFAS compounds as hazardous constituents. These PFAS would be added to the list of substances identified for consideration in facility assessments and, where necessary, further investigation and cleanup through the corrective action process at hazardous waste treatment, storage and disposal facilities.