rulemaking petition to designate waldo lake an outstanding ...photo courtesy of lesley merrick, deq....
TRANSCRIPT
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Rulemaking Petition to Designate Waldo Lake an
Outstanding Resource Water
July 18, 2019, EQC meeting
Enterprise, Oregon
Water Quality Standards and Assessment
Aron Borok | Oregon Department of Environmental Quality
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Outline
• Rulemaking petition request for Waldo Lake and DEQ
recommendation
• Background on Outstanding Resource Waters and
petitions
• Petition evaluation
• Summary of public comment
• Questions and discussion
• Proposed EQC action
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Petition Request
• Submitted by Northwest Environmental Defense Center
on behalf of:
– NEDC, Sierra Club, Oregon Environmental Council, Oregon
Wild, Cascadia Wildlands, Center for Biological Diversity
• Requests rulemaking and proposed rule amendments to:
– Designate Waldo Lake and its associated wetlands as
Outstanding Resource Waters
– Establish policies to protect current water quality and ecological
integrity of Waldo Lake
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Proposed Protections
• Prohibit new NPDES
discharges.
• Prohibit activities that would
degrade the existing water
quality and ecological values.
Map courtesy Center for Lakes and Reservoirs, Portland State University
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Location of Waldo Lake
EugeneThree
Sisters
Waldo
Lake
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DEQ Recommendation
• Commission options for a petition:
– Direct DEQ to initiate rulemaking proceedings based on
the petition
– Deny petition
– Deny and direct DEQ to take other action
• DEQ recommends that the commission direct DEQ
to initiate rulemaking as requested by the petition.
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Outstanding Resource Water Policy
• Antidegradation policy :
– 3 classes of waters: impaired,
high quality and outstanding
resource waters
– “Where high quality waters
constitute an outstanding
state resource, existing water
quality must be maintained &
protected.” Photo courtesy of Lesley Merrick, DEQ
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ORW Policy
• Water quality values to be protected
• Allowable activities
• No activities that lower established water
quality
• Short term exceptions
Photo courtesy of Lesley Merrick, DEQ
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Petition Process
• Any person can submit petition to adopt, amend or repeal
a rule
• The petition must:
– Clearly show the proposed revisions;
– Provide supporting facts and arguments; and
– Address several considerations listed in the rule.
• The commission has 90 days to act on the petition
• DEQ must invite public comment
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Waldo Lake ORW Petition Evaluation
• Meets regulatory requirements:
– Information about the petitioner
– Proposed rule amendments clearly indicated
– Information supporting proposed rule amendments
– Comments on required considerations
• Proposed rule amendments are consistent with
ORW policy
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Supporting Information – Water Quality
• Clarity
‒ Ultra-oligotrophic
‒ 125’ on average
• Small watershed
‒ Long replacement time
‒ Susceptible to pollution
• Similar to distilled water
Photo courtesy of Lesley Merrick , DEQ
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• Kayaking, fishing, hiking,
swimming, camping,
mountain biking,
horseback riding
• Source of N. Fork of
Middle Fork Willamette
River (Wild and Scenic)
Supporting Information - Recreation
Photo courtesy of Lesley Merrick, DEQ
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Supporting Information – Ecological Value
• Leafy liverwort
• Amphibians
• Upland habitat for spotted
owls, pine martens,
Pacific fisher
Northwest Salamander
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Supporting Information - Current protections
• Forest Service management goals and objectives
– Wilderness and Roadless Rule
– Non-degradation management policy
– Recreation
• Gas-powered motor and float plane bans
• No fish stocking
• State Scenic Waterways Act
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Considerations - Need for Existing Rule
• Adds to, does not change existing rule language
• Proposed amendments:
– Implement existing ORW rule
– Fulfill state responsibilities to designate waters that
constitute outstanding state resources as ORWs
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Other Considerations
• Complexity?
– Proposed rule is not complex
– Implementation will not be complex
• Duplication or conflict with other regulation?
– ORW designation is consistent with and
complements Forest Service management goals
– Adds clear, enforceable water quality protection
policy
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Public Comment
• 2,155 comments from 1,945 individual and five
organizations support proceeding with rulemaking
• No comments requested denial of petition or suggested
an option that achieves the goal of the rule while reducing
business impacts
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Recommendation
• DEQ finds that Waldo Lake and its wetlands qualify as
Outstanding Resource Waters based on their water
quality, ecological, and recreational values.
• DEQ recommends that the commission direct DEQ to
initiate rulemaking to designate Waldo Lake and its
associated wetlands as Outstanding Resource Waters.