Proposed rule
Rulemaking contact:
Michele Martin, 503-880-7737
In 2013, the United States Environmental Protection Agency disapproved the Natural Conditions Criterion contained in Oregon's water quality standard for temperature due to the 2012 U.S. District Court decision for NWEA v. EPA, 855 F. Supp. 2d 1199 (D. Or., 2012). This portion of the temperature water quality standard was used in most temperature Total Maximum Daily Loads issued from 2003 through 2012. On Oct. 4, 2019, the U.S. District Court issued a judgment for NWEA v. EPA, No. 3:12-cv-01751-HZ (D. Or., Oct. 4, 2019) and required DEQ and USEPA to replace 15 Oregon temperature TMDLs that were based on the Natural Conditions Criterion and to reissue the temperature TMDLs based on the remaining elements of the temperature water quality standard.
A TMDL is a water quality restoration plan and the calculation of the maximum amount of a pollutant that a waterbody can receive while still meeting water quality standards for that particular pollutant. The maximum amount of loading a waterbody can receive is called the loading capacity. Loading from all pollutant sources must not exceed the loading capacity of a waterbody, including an appropriate margin of safety.
The temperature TMDLs for the John Day River Basin will be developed to addresses temperature listings. The exact extents are described in the Quality Assurance Projects Plans listed on the Temperature TMDL Replacement John Day River Basin project page. The TMDL phasing considers the extent of the water quality models being used to support the TMDLs, requirements of the court order, and DEQ's available resources.