Oregon DEQ adopts controversial new rules for Powder River Basin to tackle bacteria

By on Thursday, June 6th, 2024 in More Top Stories Northeastern Oregon News

NORTHEAST OREGON– The Oregon Department of Environmental Quality (DEQ) has adopted controversial new rules establishing a Total Maximum Daily Load (TMDL) for the Powder River Basin, aiming to address water quality impairments caused by excess bacteria. The Environmental Quality Commission (EQC) approved the rules, which the commission says set forth a comprehensive plan to reduce bacterial pollution and enhance the health of the basin’s waterways.

The new regulations are designed to identify and quantify sources of bacterial contamination, predominantly attributed to livestock and agricultural runoff. The DEQ attributes approximately 90% of the bacterial load in the basin to these activities. The TMDL outlines specific pollutant management strategies and assigns responsibilities to various agencies and entities, including the U.S. Bureau of Land Management, Oregon Department of Agriculture, and local county governments. These entities are tasked with developing and implementing plans to reduce pollutant levels and meet water quality standards.

The Powder River Basin, covering most of Baker County and parts of Union, Wallowa, Grant, and Malheur counties, has been plagued by bacterial contamination for over two decades, according to the DEQ. Elevated levels of fecal bacteria, particularly E. coli, pose significant risks to public health, livestock, and wildlife. The DEQ’s data indicates that bacterial concentrations are highest in areas with dense cattle populations and irrigated pastures.

Despite the stringent measures, the local agricultural community has expressed significant concerns. Doni Bruland, Natural Resources Coordinator for Baker County, voiced disappointment with the EQC’s decision, highlighting that over 500 public comments and concerns were seemingly ignored.

“Our local community, the ones that this impacts the most, had absolutely no say in the rulemaking,” Bruland said. “There is the potential to lose our agricultural operations. The DEQ would never answer that question directly, but their rules talk about taking regulatory action.”

The DEQ’s rulemaking process included an extended public comment period and a public hearing in Baker City last August and this past March. However, Bruland says local stakeholders felt their voices were not adequately heard during the final decision-making process.

Elkhorn Media Group has reached out to the Oregon DEQ for comment on concerns from local citizens.

The TMDL also establishes a water quality management plan that includes a timeline for reducing pollutant loads. The DEQ has submitted the TMDL to the Environmental Protection Agency (EPA) for approval, a crucial step towards ensuring compliance with the federal Clean Water Act.

According to its website, the  DEQ remains confident that these new regulations will lead to significant improvements in water quality over time. They estimate that bacteria levels in the basin could be reduced by 50% within 10-15 years, with full compliance with water quality standards achievable in 20-30 years.

For more information on the new TMDL rules and the Powder River Basin Water Quality Improvement Plan, visit the DEQ’s website at ordeq.org/powder