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Issue Paper: Revisions to the Water Quality Standard for Bacteria

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Issue Paper: Revisions to the Water Quality Standard for Bacteria Issue Paper: Revisions to the Water Quality Standard for Bacteria By: Aron Borok August 2016 Environmental Solutions/ Standards and Assessment 811 SW 6th Avenue Portland, OR 97204 Phone: 503-229-5050 800-452-4011 Fax: 503-229-5850 Contact: Aron Borok www.oregon.gov/DEQ DEQ is a leader in restoring, maintaining and enhancing the quality of Oregon’s air, land and water. Oregon Department of Environmental Quality Last updated: 8/22/16 By: Aron Borok This report prepared by: Oregon Department of Environmental Quality 811 SW 6th Avenue Portland, OR 97204 1-800-452-4011 www.oregon.gov/deq Contact: Aron Borok 503-229-5050 Documents can be provided upon request in an alternate format for individuals with disabilities or in a language other than English for people with limited English skills. To request a document in another format or language, call DEQ in Portland at 503-229-5696, or toll-free in Oregon at 1-800-452-4011, ext. 5696; or email [email protected]. State of Oregon Department of Environmental Quality ii I would like to acknowledge Debra Sturdevant for providing many excellent comments for this report and the project in general. I also would like to thank James McConnaghie for preparing draft designated use maps, as well as initial maps detailing shellfishing areas and salinity data. I also would like to acknowledge staff from the Oregon Department of Fish and Wildlife and Oregon Department of Agriculture Shellfish Programs and the Environmental Protection Agency Western Ecology Division for providing information and support related to shellfish distribution in Oregon. State of Oregon Department of Environmental Quality iii Table of Contents Objectives of the Rulemaking and Project Background ................................................................. 6 Objectives of the Rulemaking ..................................................................................................... 6 Background .............................................................................................................................. 6 Relationship to OHA Adoption of Beach Action Value ............................................................. 8 Proposed Bacteria Criteria for Coastal Water Contact Recreation ................................................. 8 History of DEQ Bacteria Criteria and EPA Recommended Criteria .......................................... 8 Description of changes from 2004 Federal Criteria .................................................................... 9 Summary of scientific basis of 2012 EPA Recommended Criteria .......................................... 10 Rationale for 90-day duration period for both enterococcus and E. coli .................................. 11 Rationale for incorporating a monthly duration period for NPDES permitted facilities .......... 12 Minor changes to the water quality standard for bacteria ......................................................... 13 Removal of reference to “MPN or equivalent membrane filtration using a representative number of samples” ............................................................................................................... 13 Language specifying minimum sample size for calculating geometric mean and 90th percentile values .................................................................................................................... 14 Change of averaging method for E. coli from “log mean” to “geometric mean” ................. 14 Removal of provision related to aquatic life criteria for chlorine in effluent ........................ 14 Minor revisions and plain language revisions. ...................................................................... 14 Applicability of Bacteria Criteria and Designated Use Maps ....................................................... 14 Background ............................................................................................................................... 14 Data used for use designation.................................................................................................... 15 Data evaluation .......................................................................................................................... 16 Salinity Data .......................................................................................................................... 16 Shellfish Data ........................................................................................................................ 17 Recommended delineation of use designations ........................................................................ 19 Shellfish Harvesting Use ....................................................................................................... 19 Contact Recreation Uses ........................................................................................................ 19 Rationale for Mapping Designated Uses in Each Estuary ........................................................ 20 Columbia River Estuary ........................................................................................................ 20 Necanicum River Estuary ...................................................................................................... 24 State of Oregon Department of Environmental Quality 4 Nehalem River Estuary – Summary of Data and Conclusions .............................................. 25 Tillamook Bay – Summary of Data and Conclusions ........................................................... 25 Netarts Bay – Summary of Data and Conclusions ................................................................ 25 Sand Lake – Summary of Data and Conclusions .................................................................. 26 Nestucca and Little Nestucca Estuaries – Summary of Data and Conclusions ..................... 26 Salmon River Estuary – Summary of Data and Conclusions ................................................ 26 Siletz Bay – Summary of Data and Conclusions ................................................................... 27 Yaquina Bay – Summary of Data and Conclusions .............................................................. 27 Alsea River Estuary – Summary of Data and Conclusions ................................................... 28 Yachats River Estuary – Summary of Data and Conclusions ............................................... 28 Siuslaw River Estuary – Summary of Data and Conclusions ............................................... 29 Umpqua River Estuary/Winchester Bay – Summary of Data and Conclusions.................... 29 Coos Bay – Summary of Data and Conclusions.................................................................... 30 Coquille River Estuary – Summary of Data and Conclusions .............................................. 30 Implementation of Proposed Revisions ........................................................................................ 31 Implementation of Enterococcus Criteria for Permitting Individual NPDES Facilities ........... 31 Implementation of E. coli Criteria for Permitting Individual NPDES Facilities ...................... 32 Implementation of Recreational Criteria in Water Quality Assessments ................................. 32 Coastal Contact Recreation Criteria ...................................................................................... 32 Freshwater Contact Recreation .............................................................................................. 33 Public Involvement for this Rulemaking ...................................................................................... 34 Bibliography ................................................................................................................................. 34 Appendix A – Figures Supporting Use Designation Appendix B – Public Meeting Materials Appendix C – Proposed Designated Use Maps State of Oregon Department of Environmental Quality 5 Objectives of the Rulemaking and Project Background Objectives of the Rulemaking DEQ is proposing to revise Oregon’s water quality standards for bacteria to adopt the U. S. Environmental Protection Agency’s 2012 recommended water quality criteria for enterococci for coastal contact recreation. DEQ also is proposing to better define the boundary between where coastal and freshwater water contact recreation use occurs, as well as to clarify the waters that are designated for “shellfish harvesting” use and therefore remain subject to the current fecal coliform criteria. The use clarifications include the following: • Adding beneficial use maps showing where “shellfish harvesting,” “coastal contact recreation” and “marine contact recreation” uses are designated; and • Identifying “shellfish harvesting” as a subcategory of fishing use in the coastal basin use tables. In addition, DEQ recommends several minor revisions to the current bacteria standard rule language at 340-041-0028 for clarification, consistency and readability. DEQ has coordinated its efforts with the Oregon Health Authority, including public outreach, in their promulgation of the Beach Action Value for the Beaches Environmental Assessment and Coastal Health Act of 2000. Background In 2004, EPA adopted Oregon’s currently effective Clean Water Act criteria to protect people who engage in coastal water contact recreation as part of a federal rulemaking. The current criteria include a single sample maximum (158 colony forming units (CFU)/100 mL) and a geometric mean (GM) value (35 CFU/100 mL based on at
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