PUBLIC NOTICE

U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue, Suite 900, OWW-130 Seattle, WA 98101-3140

NOTICE OF PUBLIC HEARING REGARDING EPA OBJECTIONS ON A PROPOSED FINAL NPDES PERMIT FOR THE CITY OF PORTLAND, ’S COLUMBIA BOULEVARD WASTEWATER TREATMENT PLANT

Public Notice Issuance Date: October 28, 2009

The U.S. Environmental Protection Agency, Region 10, (EPA) will hold a public hearing on December 3, 2009, from 4:00 p.m. – 7:00 p.m. at the Historic Kenton Firehouse, 8105 N. Brandon St., Portland, Oregon 97217.

The purpose of the public hearing is to allow interested persons to submit oral or written comments and data regarding EPA’s specific objections to the Oregon Department of Environmental Quality’s proposed final National Pollutant Discharge Elimination System permit for the City of Portland, Oregon’s Columbia Boulevard Wastewater Treatment Plant.

Background

The Oregon Department of Environmental Quality (DEQ) is the permitting authority for National Pollutant Discharge Elimination System (NPDES) permits issued in the State of Oregon pursuant to the federal Clean Water Act (CWA). DEQ’s NPDES program includes the issuance of NPDES permits for publicly owned treatment works.

On November 27, 1997, DEQ issued an NPDES permit to the City of Portland (Portland) for the Columbia Boulevard Wastewater Treatment Plant (CBWTP). The CBWTP is located in North Portland along the and it discharges treated wastewater directly to the off the north shore of Hayden Island, approximately 2 miles from the CBWTP site.

DEQ received an NPDES permit renewal application in May 2002 and supplemental application materials in November 2005. DEQ prepared a draft NPDES permit for the CBWTP and submitted a copy of the draft permit to EPA, as required by the federal Clean Water Act regulations and the Memorandum of Agreement, and subsequent amendments, between EPA and DEQ.

EPA has the authority pursuant to 40 C.F.R. § 123.44 to review state-proposed NPDES permits for compliance with NPDES regulations and CWA requirements and, if necessary, to submit comments, objections and recommendations regarding the permits.

1 Pursuant to this authority, EPA reviewed the draft NPDES permit for the CBWTP. In April, 2006, EPA submitted general objections and recommendations regarding the draft NPDES permit to DEQ. DEQ issued a public notice (dated March 24, 2006) for the draft CBWTP permit with a public comment period of March 24, 2006 – May 2, 2006.

In January 2009, DEQ submitted a proposed final permit for the CBWTP to EPA. Pursuant to its NPDES authority, EPA reviewed the proposed final NPDES permit and on May 1, 2009, EPA provided specific objections on the proposed final permit and the actions which must be taken to eliminate those objections to DEQ. EPA objected to various permit provisions including provisions that authorized sanitary sewer overflows and combined sewer overflow-related bypasses of the CBWTP’s secondary treatment units.

On July 23, 2009, the Oregon Association of Clean Water Agencies submitted a request for a public hearing regarding EPA’s objections. On July 28, 2009, DEQ submitted a public hearing request regarding EPA’s objections to the Portland NPDES permit. EPA and DEQ have worked collaboratively to resolve EPA’s objections; however, EPA is proceeding with the hearing because these efforts have not resulted in a proposed permit that meets EPA’s May 1, 2009 specific objections.

Oregon Department of Environmental Quality

DEQ’s Northwest Region – Portland Office prepared the proposed final permit that EPA objected to in May 2009. DEQ’s permit writer is Lyle Christensen. Mr. Christensen’s business telephone number is (503) 229-5295. Persons interested in obtaining further information about DEQ’s permit actions with regard to the CBWTP, including copies of the draft and proposed final permits, fact sheet and renewal application, should contact Mr. Christensen and/or DEQ at: Department of Environmental Quality, Northwest Region – Portland Office, 2020 SW 4th Avenue, Suite 400, Portland, Oregon 97201. The DEQ Northwest Region – Portland Office telephone number is (503) 229-5263.

Description of Permittee and CBWTP

The City of Portland, Oregon is the permittee for the NPDES permit for the CBWTP. Portland operates the CBWTP. DEQ’s fact sheet identified the following address for the permittee: City of Portland, Bureau of Environmental Services, 1120 SW 5th Avenue, Portland, Oregon, 97204.

The Columbia Boulevard Wastewater Treatment Plant’s address is 5001 North Columbia Boulevard, Portland, Oregon, 97203. The CBWTP treats residential, commercial and industrial wastewater and discharges treated wastewater to the Columbia River from Outfall Nos. 001 (River Mile 105.5) and 003 (R.M. 105.6). Emergency relief outfalls exist at the North Portland Harbor (No. 002), on the Columbia Slough near the CBWTP site (No. 002.1) and at the main channel of the Columbia River (No. 002.2).

2 According to the proposed final permit, the receiving waters for these emergency relief outfalls include the Oregon Slough, Columbia Slough and Columbia River.

The proposed final permit identifies 35 combined sewer overflows (CSO) in the CBWTP’s conveyance system, CSO Outfall Nos. 004-039. The receiving water for the CSO Outfall Nos. 004-030 is the . The receiving water for CSO Outfall Nos. 031-039 is the Columbia Slough. The proposed final permit also identifies 21 sewer system overflows (SSO) in the CBWTP’s conveyance system, SSO Outfall Nos. 040- 060. The Willamette River is the receiving water for SSO Outfall Nos. 043-045, 047- 048, 051-052 and 056-060. The Columbia Slough is the receiving water for SSO Outfall Nos. 040-042, 049-050 and 053-055. Johnson Creek is the receiving water for SSO Outfall No. 046. The proposed final permit prohibits any discharge from Outfall No. 099 (recycled water). Recycled water, when used for irrigation, must be distributed on land for dissipation by evapo-transpiration and controlled seepage by following sound irrigation practices.

According to the DEQ fact sheet, all waste sludge must be managed in accordance with the DEQ-approved plan to ensure compliance with federal biosolids regulations, 40 CFR Part 503. After treatment, the class B biosolids are beneficially land applied on sites in Umatilla County and Sherman County. DEQ’s fact sheet indicates that additional sites may be identified in the future for land application in any of the following counties: Sherman, Umatilla, Wasco, Morrow, Marion, Polk and Yamhill.

Public Hearing

Based on 40 C.F.R. §§ 123.44, 124.10 and 124.12(c) and (d), the public is advised that a public hearing on EPA’s May 1, 2009 specific objections will be held on December 3, 2009, from 4:00 p.m. – 7:00 p.m. at the Historic Kenton Firehouse, 8105 N. Brandon St., Portland, Oregon 97217. The hearing will be presided over by the Regional Administrator’s designee (i.e. EPA hearing officer). As noted above, the purpose of this public hearing is to allow any interested person to submit oral or written statements and data concerning the EPA’s May 1, 2009 specific objections to DEQ’s proposed final NPDES permit for the CBWTP.

All persons interested in this matter are invited to attend the public hearing. Any person may submit oral or written statements and data concerning EPA’s specific objections. Comments, statements, data, and other information must be submitted orally or in writing at the time of the hearing. The NPDES permit number (NPDES Permit No. OR 101505) should be included at the top of each page of any written comments that are submitted. At the discretion of the EPA hearing officer, reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. Submittal of written copies of oral statements is requested prior to or at the public hearing and should include the name and address of the commenter. The period for public comment on EPA’s specific objections will close at the end of the public hearing, except the EPA hearing officer may extend the comment period for

3 written statements and data by so stating at the hearing. A tape recording or written transcript of the hearing will be made available to the public.

Following the public hearing, and after consideration of all written and oral comments and data and the requirements and policies in the CWA and applicable regulations, the EPA Regional Administrator will reaffirm the original objections, modify the terms of the objections, and/or withdraw the objections, pursuant to 40 C.F.R. § 123.44(g). The EPA will notify the DEQ, Portland, and all persons providing written or oral comments, if a mailing address has been provided, of its determination. If any objections remain and if, within 30 days of the date of EPA’s notification of the DEQ of EPA’s decision, the DEQ does not submit a revised permit to the EPA that meets all objections, exclusive authority to issue the CBWTP permit passes to EPA. If no objections remain, the DEQ may proceed with the issuance process for the proposed final NPDES permit for the CBWTP.

Please bring this matter and the public hearing to the attention of persons whom you believe will be interested in the matter.

EPA Region 10

Persons interested in reviewing the public notice or EPA’s specific objections to the proposed final permit for the CBWTP, including a copy of EPA’s May 1, 2009 specific objection letter, should visit EPA’s website at: http://yosemite.epa.gov/R10/water.nsf/NPDES+Permits/Permits+Homepage#Public%20 Comments.

Alternatively, persons can contact Susan Poulsom at (206) 553-6258. EPA’s May 1, 2009 specific objection letter is on file and may be inspected at the following address any time between 8:30 a.m. and 4:00 p.m., Monday through Friday. A copy of the EPA’s May 1, 2009 specific objection letter may be requested by writing to the EPA at the following address: U.S. Environmental Protection Agency, Region 10, ATTN: NPDES Permits Unit, 1200 Sixth Avenue, Suite 900, Mail Stop OWW-130, Seattle, WA 98101- 3140.

Disability Reasonable Accommodation Notice

If you need a reasonable accommodation for a disability, please contact Susan Poulsom at (206) 553-6258 (voice). TTY/TDD users please dial Washington Relay Service at 1 (800) 833-6388. Please provide one week advance notice prior to the public hearing date above for special requests not related to ongoing programs and services.

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