Oregon Water Quality Decision Affects Fish Safety and Indian Diet

Luke Fishing From a Scaffold
(Photo courtesy of Wil Phinney)

Stephanie Hallock, DEQ Director, and Holly Schroeder, DEQ Water Quality Division Administrator, said EPA could very well send the state's criteria back.

"Because we've chosen 17.5 grams, it's likely the tribes will raise their concerns with EPA during consultation," said Hallock.

The water quality rules are designed to support DEQ's strategic direction to protect human health and the environment from toxins, and satisfy the federal Clean Water Act requirement to periodically review and update water quality criteria with the latest scientific information. Waters exceeding criteria are considered "polluted" while those achieving compliance are "clean."

Water quality criteria are used for regulatory purposes in National Pollutant Discharge Elimination System point source permits, CWA Section 401 certification decisions, the CWA Section 303(d) impaired waters listing process, and development of total maximum daily loads.

The establishment of criteria, by themselves, has no direct impact or effect, DEQ reports state. However, how the Department applies those criteria will affect Oregonians. Particularly, DEQ may require modifications to wastewater discharge permits and to certifications for dredge and fill activities and hydroelectric operations to comply with the revised criteria for toxic pollutants. The new criteria, DEQ said, might result in more water being listed as having impaired water quality. In addition, the revised criteria may alter the management practices required to control discharges from non-point sources, including those subject to TMDLs established for water quality limited water bodies.

Wil Phinney is the Editor of the Confederated Umatilla Journal of the Confederated Tribes of the Umatilla Indian Reservation in Pendleton, Oregon.