Water Quality Standards for Toxic Pollutants

Water quality standards are the foundation of the water quality-based control program mandated by the Clean Water Act. Water Quality Standards define the goals for surface waters in Oregon by designating its uses, setting criteria to protect those uses and establishing provisions to protect water quality from pollutants.

DEQ is responsible for establishing water quality criteria for toxic pollutants to protect both aquatic life and human health. These criteria are established to protect surface water for aquatic life use and to allow Oregonians to consume fish and shellfish and to use state waters for drinking water supply without adverse health effects. DEQ develops its water quality criteria based on EPA recommended criteria. Following an extensive review of the human health toxics criteria, EPA approved revised criteria to protect human health on October 17, 2011. The new human health toxics criteria (Table 40) are now effective under state and federal law for Clean Water Act programs. Please see below for additional information.

• Current Toxics Standards
• Related Links
• Contact

Current Toxics Standards

Toxics Standards Rule (OAR 340-041-0033)

Human Health Criteria

On June 1, 2010, EPA disapproved the majority of the human health criteria adopted by the EQC in May 2004 (shown below on tables 33A and 33B). EPA concluded that the criteria values were based on a fish consumption rate that was too low (17.5 grams/day) to protect many fish consumers in Oregon.  After an extensive review of the fish consumption rate, DEQ revised the human health toxics criteria based on a higher per capita fish consumption rate of 175 grams/day. These criteria are now incorporated into Table 40 and are effective under state and federal law for Clean Water Act programs, including NPDES permitting. Table 40 criteria became effective following EQC adoption on June 16, 2011, and EPA approval on Oct. 17, 2011. EPA approved revisions to the manganese criteria and withdrawal of iron on June 9, 2011. These revisions are reflected in Table 40. 

• EPA's Approval Letter to DEQ (Oct. 17, 2011) PDF
• EPA’s Iron and Manganese Approval Letter to DEQ (June 9, 2011) PDF
• EPA's Letter to DEQ (June 1, 2010) PDF

Aquatic Life Criteria

EPA’s approval of the revised human health criteria does not affect the applicable aquatic life criteria. With regard to the aquatic life criteria, the values listed in Table 20 remain effective for federal Clean Water Act purposes unless an aquatic life criterion contained in Table 20 was replaced by a criterion in Table 33A. In this case, the Table 33A criterion should be used for NPDES permitting. The Table 33A aquatic life criteria are effective under state law unless they are disapproved by EPA or until they are replaced by the EQC. DEQ’s aquatic life criteria are still undergoing Endangered Species Act consultation.

Table	Description
Human Health Criteria
Table 40	Effective human health criteria adopted by the EQC on June 16, 2011 and approved by EPA on Oct. 17, 2011.
Aquatic Life Criteria
Table 20	Effective aquatic life criteria for federal Clean Water Act.
Table 33A	Effective aquatic life criteria for NPDES permitting. Adopted by the EQC in 2004.
Table 33B	Aquatic life criteria adopted by EQC in 2004, but NOT effective until approved by EPA.
Table 33C	Guidance values ONLY (not water quality criteria).
Former Table 20	As published prior to rule changes in 2004.

Related Links

• Arsenic, Iron and Manganese Rulemakings
• Human Health Toxics Criteria Rulemaking
• Senate Bill 737 Information
• DEQ's Toxics Reduction Strategy
• EPA National Priority - Columbia River Basin
• Clickable Oregon Map of Fish Advisories (Oregon Department of Human Services)
• EPA Fish Advisory Information
• EPA Water Quality Criteria and related information

Contact

• Please contact Andrea Matzke at Oregon DEQ, (503) 229-5384 or by e-mail for additional information.