June 22, 2020
PORTLAND, Ore. (KTVZ) — The Oregon Department of Environmental Quality said a new federal rule that took effect Monday “has serious and potentially damaging implications for ensuring clean, safe and healthy water in Oregon and elsewhere.”
Here’s Oregon DEQ’s full statement on the impacts of the new rule:
The rule imposes a new definition of Waters of the United States, or WOTUS, under the federal Clean Water Act that reduces the extent of water bodies protected by federal regulations.
This is a direct assault on the federal Clean Water Act, one of the most successful environmental laws ever passed by Congress. As such, it is also an assault on the public health of Oregonians and people across the U.S. who depend on their states to enforce clean water regulations.
For five decades, states have been working within the Clean Water Act to reduce the amount of pollution flowing into our waters. Rolling back this legislation under the guise of “efficiency” will endanger our drinking water, fish habitat, recreation areas and more.
DEQ has joined other states in taking all available steps to prevent this new rule from taking effect and eroding the health of our people and our environment.
Despite the change, states and tribes still maintain broad authority to protect the natural resources that fall within their jurisdictions.
Even with the federal changes to WOTUS, state laws and rules remain unchanged. For example, under Oregon law, no person may discharge pollutants or wastes to waters of the state in a manner that would result in violations of state water quality standards, regardless of federal authority.
The new WOTUS definition would impact DEQ’s 401 Water Quality Certification process, which is linked to the issuance of federal permits for projects impacting wetlands and waterways.
The 401 certification provides DEQ the opportunity to ensure that a project will comply with all relevant state water quality standards and other relevant state laws.
Without a federal permit, DEQ must look to existing state law and rules to ensure protection of state water quality for these projects.
DEQ works with Oregon Department of State Lands and other state agencies to implement regulations to protect water quality in waters of the state.
The new WOTUS definition will not change implementation of DSL’s Removal-Fill permit program for waters of the state, and DEQ remains committed to working with DSL and Removal-Fill applicants to ensure water quality standards are met.
Under HB 2250 (the Oregon Environmental Protection Act), DEQ is evaluating the scope and impact of federal changes on existing environmental protections for Oregon’s waters. Over the next several months, staff in DEQ’s water quality program will work with the Environmental Quality Commission to identify the best way to ensure continued protection of Oregon’s waters.
Water resources and development opportunities vary greatly from region to region across the state, and DEQ shall consider and respect regional differences in potential impacts. DEQ is committed to playing a part in ensuring long-term availability of clean water for our people, our economy, and our environment.