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Lower Columbia-Sandy Subbasin TMDL

Adopted rule

Rulemaking contact: Michele Martin, 503-880-7737
The Environmental Quality Commission adopted these rules at its meeting on Aug. 6, 2024.

Item A: Lower Columbia-Sandy Subbasin Temperature TMDL 
Please note that the hyperlinks for this item go to zip files that contain the staff report, attachments and appendices for each TMDL.

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 TMDLs 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.

Environmental Quality Commission adopted a temperature TMDL for the Lower Columbia-Sandy Subbasin.  Per the District Court's final order and judgement, DEQ must amend and submit replaced temperature TMDLs to EPA for approval or disapproval. The schedule for the Willamette Subbasins TMDL will be submitted to EPA in August 2024, for determination by Sept. 15, 2024.


    DEQ held two rulemaking advisory committee meetings for the Lower Columbia-Sandy Subbasin. The role of the rulemaking advisory committee was to advise DEQ on the following: 

    • Economic and fiscal impacts of the proposed rules for entities impacted by the proposed TMDL 
    • Revision of required TMDL elements with a focus on the TMDL allocations to be updated based on the current temperature criteria for the Lower Columbia-Sandy Subbasin project area
    • Revisions to the Water Quality Management Plan
    Committee documents

    Public comment

    The comment period closed at 4 p.m. on Feb. 26, 2024.

    For more information, see the Notice of Proposed Rulemaking, which includes the notice and proposed rules.

    Supporting documents

    Public hearing

    Online only, Feb. 16, 2024.
    DEQ held a public hearing to present information, answer questions, and accept comments. The hearing was held remotely via Zoom and was open to everyone

    Webinars

    Webinar 2: March 21, 2023, 2 p.m. PT
    DEQ held an informational webinar about the Temperature Total Maximum Daily Load Replacement for the Lower Columbia-Sandy Subbasin. The webinar provided an opportunity to exchange questions and answers about the technical approach to revising the TMDL.

    Webinar 1: Jan. 31, 2023 

    DEQ held an informational webinar about the Temperature Total Maximum Daily Load Replacements for the Lower Columbia-Sandy Subbasin and the Willamette Subbasins. The webinar provided information about the rulemakings and the technical approach to revising the TMDLs and the Water Quality Management Plans.  


    EQC action

    The Environmental Quality Commission adopted these rules at its meeting on Aug. 6, 2024.