Caption: Revise “Initiation Level” rule
for persistent pollutants in wastewater.
Order No.: DEQ 17-2011
Filed with Sec. of
Certified to be
Rules Amended: 340-045-0100
Subject: The amended rule suspends the requirement to develop
pollutant reduction plans for cholesterol and coprostanol, and allows for DEQ
to focus the list of pollutants for which permittees that become subject to the
rule in the future must monitor. These revisions to the rule also provide
clarity regarding the circumstances under which a permittee has met the
requirements and no longer needs to have a reduction plan in place.
Rules Coordinator: Maggie Vandehey—(503) 229-6878
Initiation Level Rule
(1) Definitions. The definitions in ORS 468B.138 are
adopted by reference. In addition, for purposes of this rule, the following
(a) “Persistent Pollutants” are substances that are
toxic and that either persist in the environment or accumulate in the tissues
of humans, fish, wildlife or plants, and are listed in Column 2 of Table A.
(b) “Permittee” means a municipality in possession of a
National Pollutant Discharge Elimination System or water pollution control
facility permit issued by the DEQ pursuant to ORS 468B.050 for a sewage
treatment facility that has a dry weather design flow capacity of one million
gallons per day or more.
(c) “Initiation level” is the concentration of a
persistent pollutant in a permittee’s effluent that, if exceeded, necessitates
the preparation of a persistent pollutant reduction plan under ORS 468B.140.
(2) Initiation levels.
(a) Initiation levels for persistent pollutants are
those values contained in Table A, or the analytical quantitation limit (concentration
at which quantitative results can be reported with a high degree of
confidence), whichever is higher.
(b) Initiation levels are not standards of quality and
purity for the waters of this state for the purposes of ORS 468B.048 or the
federal Clean Water Act.
(c) Except as specified in subsection (f), each
permittee must measure the concentration of the persistent pollutants listed in
Table A in its effluent, compare the results of these measurements to the
initiation levels, determine whether any persistent pollutant exceeds its
initiation level, and document this proposed determination in a report to DEQ.
For existing permittees, the report must be filed no later than 60 calendar
days after receipt of laboratory results. For permittees that first become
subject to this rule after its effective date, the report must be filed within
18 months after the permittee becomes subject to the rule, unless the permittee
requests and is granted a longer period by DEQ.
(d) DEQ will review this report to verify that the
proposed determination is based on reliable information. If DEQ finds that the
proposed determination is not based on reliable information, DEQ will make an
independent determination of whether an initiation level has been exceeded.
(e) Except as specified in subsection (g), each
permittee must prepare and submit to DEQ a written persistent pollutant
reduction plan in accordance with ORS 468B.140(1)(a) addressing persistent
pollutants that exceed the initiation level. For existing permittees, the plan
must be submitted no later than July 1, 2011. For permittees that first become
subject to this rule after the effective date of this rule, the plan must be
submitted to DEQ within six months after the determination report required by
subsection (c) is submitted, or, if DEQ makes an independent determination, six
months from the date of DEQ’s independent determination or within a timeframe
established by DEQ.
(f) DEQ may suspend, by written order, the requirement
to measure or develop a persistent pollutant reduction plan for a listed
persistent pollutant under the following circumstances:
(A) If DEQ determines it is not technically practicable
to measure the pollutant in effluent or if DEQ removes a pollutant from the
Priority Persistent Pollutant List; or
(B) If, based on additional monitoring done pursuant to
a persistent pollutant reduction plan, DEQ determines that it is unlikely that
a pollutant exists in a permittee’s effluent; or
(C) If sampling of a permittee’s effluent demonstrates
that the pollutant concentration is lower than the initiation level; or
(D) If DEQ determines that there are no available
laboratories capable of performing the analysis for the pollutant; or
(E) If a permittee is subject to duplicative or more
stringent requirements addressing the same pollutant; or
(F) For permittees that become subject to this rule
after this effective date, if DEQ determines a pollutant is unlikely to be
present in effluent based on a review of available effluent data at the
facility or similar facilities in the state.
(g) Permittees are not required to develop a persistent
pollutant reduction plan to address cholesterol or coprostanol.
Stat. Auth.: ORS 468.020 &
Stats. Implemented: ORS 468B.138 -
Hist.: DEQ 6-2010, f. & cert.
ef. 7-6-10; DEQ 3-2011(Temp), f. & cert. ef. 3-15-11 thru 9-11-11;
Administrative correction 9-23-11; MHS 9-2011(Temp), f. & cert. ef.
11-22-11 thru 5-18-12; DEQ 17-2011, f. & cert. ef. 11-18-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.