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Lower-Columbia Sandy Subbasin TMDL

Proposed rule

Rulemaking contact: Michele Martin, 503-880-7737

In 2013, the United States Environmental Protection Agency (USEPA) 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.

DEQ will present this TMDL to the Environmental Quality Commission for proposed rule adoption in November 2023. 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 Lower Columbia-Sandy Subbasin TMDL will be submitted to EPA in November 2023, for determination by Jan. 15, 2024. 

Public involvement

There are no public events scheduled at this time.

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EQC action

Meeting has not yet been scheduled.