United States Region 10
Environmental Protection 1200 Sixth Avenue
Agency	Seattle WA 98101
Office of the Regional Administrator
v»ERA Environmental Programs in
Oregon
An EPA Report
1983

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Like other states, Oregon is being urged by EPA to assume more of the
statutory authorities that Congress makes available to state governments for
implementing the body of. environmental laws enacted in the last 12 years.
With varying degrees of emphasis in each of those laws, it was Congress'
clear intent for EPA to work with the states in partnership. EPA supports
state pollution control efforts with Federal grants and technical
assistance, and carries out those programs that the state does not take. In
Fiscal Year 1982, EPA provided Oregon with more than $25 million in Federal
funds (see Attachment A) to support state environmental efforts. In Fiscal
Year 1983, EPA has $30.7 million available.
A key role for EPA is therefore to help the state take responsibility for
the development, management and enforcement of environmental programs so
that they can be tailored to fit the state's needs. Since only four of the
nine major programs that EPA can legally delegate have been fully assumed by
Oregon, EPA will be actively encouraging Oregon to take on more of the
state-related activities for which EPA is now responsible. EPA's purpose
will be to fulfill our mutual Congressional mandate, with the result that
Oregon itself will administer environmental programs that will satisfy
Federal statutory requirements and be more responsive-to local situations in
Oregon.
The following pages describe major issues facing the state and EPA, and
provide a listing of the major grant programs by which EPA supports Oregon's
environmental activities. Shown below is a roster of the top management
officials in EPA's Region 10 office who can provide more information about
any of the issues discussed in this document.
Phone
Regional Administrator
Deputy Regional Administrator
Regional Counsel
Water Division Director
Air and Waste Management Director
Environmental Services Director
Management Director
Oregon Operations Office Director
Alexandra Smith
James Moore
Robert Burd
Gary O'Neal
Nora McGee
John R. Spencer
L. Edwin Coate
John Vlastelicia
(206)	442-5810
(206)	442-1220
(206)	442-1152
(206)	442-1014
(206)	442-1352
(206)	442-1295
(206)	442-1233
(503)	221-3250

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Delegation of Environmental Programs to Oregon
The State of Oregon has assumed responsibility for implementing several
major Federal environmental programs. These include issuance of all air and
water pollutant discharge permits; the initial phase of hazardous waste
management; and pesticides enforcement and training. State agencies are
working toward assumption of the remaining delegable programs consistent
with the best interest of the State. With the exception of the safe
drinking water responsibilities, we expect these remaining delegations to be
completed by September 1983. Programs yet to be delegated include:
A.	Safe Drinking Water
Oregon is one of the few states in the country which has declined to
accept responsibility for Federal Safe Drinking Water Act requirements;
instead, the Oregon Health Division operates a substantially equivalent
program in-house. Consequently, EPA is mandated by the Act to assure
that Oregon's public water supplies comply with Federal water quality,
testing, and reporting requirements.
In FY 83, Federal grant funds in the amount of $405,000 are available to
support a delegated program in Oregon, but are now programmed to support
EPA efforts and to assist other delegated states. The present State
program satisfies nearly all of the requirements for delegation; EPA is
committed to work with Oregon to further strengthen their in-house
program toward a future delegation.
B.	Construction Grants Management
Oregon is the only state in Region 10 that has not assumed
responsibility for administering the Construction Grants program under
Section 205(g) of the Clean Water Act. Federal funds are available to
fund state agency program expenses for managing the sewage treatment
construction program, but are only available once a delegation agreement
is signed. DEQ has indicated their interest in assuming this
responsibility, and a budget package has been submitted to the 1983
Legislature for approval. With legislative approval, EPA would begin an
initial delegation of the program to Oregon late this fiscal year.
C.	Hazardous Waste Management
Oregon was one of the first states in the country to recognize the need
for controlling hazardous wastes by passing legislation back in 1971.
In 1981, DEQ requested and was granted interim authorization to manage a
state hazardous waste program covering generation, transport, storage,
treatment and disposal activities in lieu of a Federal program. Until
the second phase of that authorization is completed, DEQ and EPA operate
under a Cooperative Arrangement for issuance of joint permits to
storage, treatment, and disposal facilities. During 1983 EPA expects to
delegate the second phase of the program to Oregon.

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The State has also made progress toward full delegation of the program.
However, since full authorization must be achieved by January 1985 or
EPA must operate the program, it is imperative that several minor
statutory amendments necessary for qualification be passed during the
1983 Oregon Legislative Session. This will allow a smooth transition
from Federal to state control.
D.	Underground Injection Control
DEQ has been designated by the Governor as the lead State agency and is
coordinating other state agencies' roles in the program. The State
Department of Geology and Mineral Industries has the major role in oil
and gas related injections. DEQ is in the process of preparing
documents necessary to assume responsibility for implementing the
national regulations. Approval of the state program is expected in
September 1983. Close coordination between EPA and DEQ will be
necessary to assure that approval occurs on this schedule.
E.	Dredge and Fill Program
Under Section 404 of the Clean Water Act, EPA Region 10 reviews,
comments on, and has veto authority over Corps of Engineers permits to
dredge or place fills in navigable waters and wetlands in Oregon. The
Division of State Lands (DSL) has a similar program under its own fill
and removal law, and issues state permits. EPA Region 10 recognizes OSL
as having excellent qualifications to assume the program, eliminating
existing duplication of the State and Federal efforts and giving Oregon
more control over development activities covered by this program. OSL1s
proposed changes to its fill and removal law and administrative rules
and procedures will need to be reviewed in light of EPA's delegation,
policies and regulations. Upon completion of an EPA-funded delegation
study in September 1983, DSL should be prepared to accept final
delegation of the dredge and fill program.
Priority Issues
Much of the environmental effort in the state is directed to operation of
the ongoing programs (e.g. regulation development, permits issuance,
monitoring, etc.). These programs are not discussed specifically in this
document. The priority issues which follow are of special importance during
the coming year and for that reason are highlighted below.
Superfund Sites
The Comprehensive Environmental Response, Compensation, and Liability Act —
commonly called the Superfund law — authorizes the Federal Government to
respond directly to hazardous wastes or contaminants that may endanger
public health or welfare. To assist in management of Superfund resources,
the law requires EPA to promulgate a National Priorities List of at least
400 of the highest priority sites in the country. Both states and EPA
propose sites to be evaluated against criteria established in the Hazard

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Ranking System. Based upon the rating obtained, sites with the highest
scores are included on the list. Nominated sites were proposed on
December 20, 1982, with a final listing expected in mid-1983.
Included on the proposed list were two sites in Oregon: Gould, Inc. in
Portland and Teledyne Wah Chang in Albany. A discussion of each site
follows.
Gould, Inc.
This site is located in the industrial area of Northwest Portland near the
Willamette River and adjacent to Ooane Lake. The site was occupied for many
years by a battery recycler and disposal facility and was acquired in 1979
by Gould. The battery facility is no longer active; however, a large pile
or more than 10,000 tons of battery casings remains on the site. The
battery facility also handled large quantities of lead wastes, disposing of
them in ways that have not yet been determined.
Hazardous substances of concern at the site include lead oxide dust in the
air and lead contamination of surface and ground water.
The physical plant has been demolished and some temporary remedial measures
have been undertaken by the Company.
Gould has been cited by the Oregon State Department of Environmental Quality
(DEQ) for water quality violations. The Company has discussed with the DEQ
and EPA ways to resolve problems at the site. Negotiations between the
owners and DEQ are in progress to develop an on-site cleanup program.
Teledyne Wah Chang Albany
The site includes two industrial sludge ponds which contain wastes having
low level radioactivity and heavy metals. A thorough field investigation of
the entire plant site is needed to identify waste disposal practices and
assess their potential impacts on groundwater, surface water and air
quality. EPA plans to conduct a comprehensive site evaluation beginning in
mid-1983. The company will be provided the opportunity to participate in
these investigations and follow-up feasibility studies. Remedial action, as
appropriate, would be determined on the basis of the site evaluation.
Any expenditure of Superfund money for remedial actions would require a
State cost-share of 10 percent.
State Implementation Plan (SIP) Sanctions
The Clean Air Act (CAA) requires all areas of the country to attain the
primary National Ambient Air Quality Standards (NAAQS) as expeditiously as
practicable but no later than December 31, 1982 (with the exception of
certain carbon monoxide and ozone nonattainment areas which must attain no
later than December 31, 1987). There are two areas in Oregon which are

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currently designated as nonattalnment (Medford for total suspended
particulates and ozone; Salem for carbon monoxide and ozone) which must
attain the NAAQS by December 31, 1982. The Clean A1r Act provides for
certain sanctions on Federal funding and major source construction for areas
which fail to attain by the statutory date. It is expected that Salem will
meet the 1982 attainment deadline for carbon monoxide and ozone and that
Medford will meet the 1982 attainment deadline for ozone. However, on
February 3, 1983 EPA proposed to continue the moratorium on major source
construction in Medford for failure to submit a strategy to attain the total
suspended particulate standard by the 1982 deadline. EPA is currently
developing policies for determining the areas to be affected and methods for
Implementing the funding sanctions.
Inspection and Maintenance (I/M) Programs
The Clean Air Act requires that all cities attain the health-related carbon
monoxide (CO) standards as expeditiously as practicable but not later than
December 31, 1987. Medford, Boise, Anchorage and Fairbanks have severe CO
problems which local and state officials have determined will require a
vehicle Inspection and maintenance program for reducing tailpipe emissions
in order to attain the standards. The vehicle I/M program is a key element
of these SIPs submitted by the various state agencies for EPA approval.
If the vehicle I/M programs, are not legally adopted or implemented, the
proposed SIP revisions cannot be approved by EPA; and the area in question
becomes subject to CAA sanctions for CO violations. These could include
both a moratorium on construction of any new CO sources and possible
financial sanctions involving certain air program, highway, and sewerage
works grants.
Medford: Statutory authority to implement the proposed Medford I/M
program is necessary for SIP approval and will be considered by the 1983
Oregon Legislature. Without legislative authority for the Medford vehicle
I/M program, the proposed SIP cannot be approved by EPA and the Medford area
becomes subject to CAA sanctions for CO violations.
Mood Burning Stoves
Rapid increases in residential wood heating is jeopardizing the attainment
and maintenance of total suspended particulate (TSP) air quality standards
in several areas. One potentially effective method of ultimately minimizing
those emissions is through promotion of clean burning appliances.
DEQ is proposing that the 1983 State Legislature require statewide
certification of new stoves. This law would require that new stoves meet
emission standards that reflect the low levels currently achieved by some
models.

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Safe Drinking Water
Many of Oregon's 2,500 public water systems are physically deficient and not
capable of providing consistently safe water. For example, one-fourth of
the surface water systems have no treatment of any kind Including
disinfection. Only about 30 percent have full treatment capability. As a
result, the number of confirmed waterborne disease outbreaks 1n Oregon is at
least three times greater than the national average. In FY 82, the rate of
microbiological violations for community water systems was up 42 percent
from the FY 81 rate. Nearly 56,000 people were served water that was
contaminated with bacteria during FY 82. The rate of turbidity violations
in Oregon remains 3-4 times the national average.
EPA believes that a strong, well-funded state and local program, focusing on
preventing and correcting local problems, is the most effective and
efficient way to solve Oregon's serious drinking water problem. However,
the State has determined notjto pursue delegation under the Federal Safe
Drinking Mater Act at this time. Until the State is prepared to assume full
responsibility for safe water, EPA will make every effort to address the
existing situation. The major elements of EPA's drinking water program in
Oregon are:
*	Vigorous enforcement of reporting and water quality requirements with
Federal prosecution of persistent violators;
*	Increased efforts to Identify waterborne disease outbreaks and to ensure
prompt response in disease events;
*	Emphasis on raising public understanding and awareness of the serious
drinking water problem in specific communities and in Oregon at large;
and
*	Continued work to encourage the state to assume responsibility for safe
drinking water in Oregon.

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OREGON
EPA Grants to State Agencies
Federal statutes make available annual grants to help support state efforts
1n environmental programs. Generally, plans and budgets are prepared for
mutually agreed upon priority work. Sometimes, special one-time projects
may also be funded. Outlined below are the basic grant programs for which
EPA is assisting the State of Oregon:
AIR PROGRAMS GRANTS	$1,386,015
Under Section 105 of the Clean Air Act, EPA makes a grant to the OEQ to
assist 1n funding the Department's air program and the air program operated
locally by Lane (County) Regional Air Pollution Authority. In addition, EPA
Region 10 has been able to make some special purpose grants available for
high priority air pollution control needs. Additional funding up to
$225,000 is available for the initiation of a mandatory inspection and
maintenance (automobile emissions testing) program 1n the Medford area.
WATER PROGRAMS GRANT (Section 106)	$ 884,000
EPA annually awards this grant under Section 106 of the Clean Water Act to
assist OEQ in managing their statewide water pollution control program,
including groundwater. State activities partially supported by these funds
include construction grants, planning, permitting, enforcement, and water
quality monitoring. Water quality problems currently being addressed by the
State under this program range from the protection of shellfish beds along
the coast to the control of municipal and industrial discharges into State
waters.
HAZARDOUS WASTE GRANT	$ 582,968
The Oregon DEQ receives an annual EPA grant under the Resource Conservation
and Recovery Act for implementation of a hazardous waste regulatory
program. The program consists of a tracking and compliance assurance system
for the generation, transportation and disposal of hazardous waste as well
as a permit system for regulating treatment, storage and disposal
facilities. Since 1981, OEQ has been authorized to implement portions of
the State program in lieu of the Federal program. During 1983 EPA hopes to
negotiate further delegation of the program.
UNDERGROUND INJECTION CONTROL PROGRAM	$ 84,200
The purpose of the Underground Injection Control program is to protect
underground sources of drinking water from contamination by the injection of
fluids. EPA has developed construction and operating requirements to assure
that wells which inject fluids underground do not contaminate groundwater.
The states are to assure that injection wells comply with these basic
standards and any other more stringent requirements which the states choose
to implement.

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DREDGE AND FILL PROGRAM DELEGATION STUDY
$ 60,000
A $60,000 grant to the Division of State Lands (DSL) was made by EPA's
Office of Federal Activities (EPA Headquarters) 1n September 1982. The
purpose of the grant 1s to develop within DSL an automated permit tracking
system with word processing capability, to assist them 1n assuming EPA's
dredge and fill program for certain waters of the State. The grant includes
tasks for developing program capability within DSL, training workshops, and
program administration during a pilot assumption effort. Upon completion in
September 1983, DSL should be prepared to accept final program delegation.
PESTICIDE APPLICATOR CERTIFICATION GRANT	$ 25,000
The applicator certification grant is awarded to the Oregon Department of
Agriculture. The funding will assist the State in maintaining its testing
and licensing program for pesticide applicators. This program is to insure
that persons using restricted use pesticide products are competent in
handling and using highly hazardous pesticides.
PESTICIDE COOPERATIVE ENFORCEMENT AGREEMENT	$ 184,500
The Oregon Department of Agriculture has assumed the primary enforcement
responsibility for pesticide use within the State. Under this grant, the
State will enforce Federal and State laws regarding pesticide use and
product manufacturing and sales.
CONSTRUCTION GRANTS	$49.5 million
a) Construction grants provide 75% of the eligible funding to build
municipal sewerage works, which include treatment plants, interceptor
sewers, and final effluent discharge lines. DEQ, EPA and the Corps of
Engineers share administration of the program. The $49.5 million
currently available for Oregon is made up of a $27.6 million FY 83
allocation plus unexpended FY 82 funds. Projects are scheduled for
funding under a priority list established annually by DEQ. Projects
scheduled to receive funding in FY 83 include the Eugene-Springfield
regional system ($6.5 million), Bend ($1.4 million), and the Tri-Cities
regional system ($30 million).
The Oregon allocation currently contains $4.4 million which is reserved
for constructing facilities utilizing innovative and/or alternative
technology. If not used, a portion of those funds will be lost to the
State on October 1, 1983 and the balance on October 1, 1984. Current
prospects for using the funds are not good. Special efforts will be
required by both EPA and the State to identify opportunities for use of
these funds.

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b)	Water Planning Grant (Section 205(j)) minimum	$ 200,000
(an element of the construction grant) maximum $ 583,000
A minimum of $100,000 to a maximum of one percent of Oregon's annual
funding to build sewage treatment plants can be directed toward water
planning activities under Section 205(j). This 1s a new provision of
the Clean Water Act. The amounts noted above Include both FY 82 and
FY 83 funds. These are the only Clean Water Act planning funds now
potentially available to local water quality agencies but also are to
support statewide projects. The minimum funding will be lost to the
State 1f not used for water planning activities.
c)	State Management Assistance Grant (Section 205(g)) $1,105,000
A maximum of four percent of Oregon's annual funding to build sewage
treatment plants ($27.6 million for FY 83) can be used to pay DEQ's
expenses in managing the EPA and State sewage treatment plant
construction programs. This funding will be available for OEQ program
administration only if Oregon assumes responsibility for managing this
program through a signed delegation agreement. Some funds could be used
late this year for start-up expenses with the remainder carried over
into next year.

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Attachment A
EPA Program Grants to State Agencies
State of Oregon
Department of Environmental Quality
Consolidated Programs
Air (105)
Water (106)
Hazardous Waste
Subtotal
Underground injection control
Total
Department of Agriculture
Pesticides
Certification
Enforcement
Total
Division of State Lands
Dredge and Fill ~"
~Some special project money is also available but exact amount not yet
determined.
Construction Grants (as of 1-31-83)



Unobligated
FY 83 Funds
Appropriation
Obliqated
Balance
General Fund
521,455,080
-0-
$21,455,080
Increase Reserve
2,763,600
-0-
2,763,600
State Mgt. Asst.
1,105,440
-0-
1,105,440
Innovation Tech.
138,180
-0-
138,180
Alternative Tech.
967,260
-0-
967,260
Small Communities
1,105,440
-0-
1,105,440
Advance Reserve
1,000
-0-
1,000
Water Quality Mgt.
100,000
-0-
100,000
TOTALS
$27,636,000
$ -0-
$27,636,000
(FY 83 funds expire
9-30-84)





Unobligated
FY 82 Funds
Appropriation
Obliqated
Balance
General Fund
$16,38$,041
-0-
$16,589,041
Increase Reserve
2,324,978
146,148
2,178,830
State Mgt. Asst.
1,228,224
-0-
1,228,224
Innovative Tech.
153,214
19,043
134,171
Alternative Tech.
1,029,970
3,140
1,026,830
Advance Reserve
1,000
-0-
1,000
Water Quality Mgt.
100,000
-0-
100,000
TOTALS
$21,426,427
$168,331
$21,258,096
(FY 82 funds expire 9-30-83)
1982 funds
awarded
1983 funds
available
2,052,647
840,000
550,023
3,442,670
72,354
3,SlSlW4
1,386,015*
884,000
582,968
84,200
26,000
154,097
179,097
25,000
184,500
209,500
60,000
•0-

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