Public Hearing on Proposed Discharge Permits for Federal Hydroelectric Projects in the Lower Columbia River

The information on this page is provided as background. On December 15, 2022, EPA issued final NPDES permits for the four Lower Columbia River federal dams that were the basis of Oregon’s objection under Clean Water Act Section 401(a)(2). For more information, including copies of the permits, visit Discharge Permits for Federal Hydroelectric Projects in the Lower Columbia River.

On this page:

Public Hearing and Comments

EPA conducted a public hearing on June 7, 2022, to accept oral and written comments on our evaluation and recommendations regarding Oregon’s objection under Clean Water Act Section 401(a)(2) to proposed NPDES permits for four Lower Columbia River federal dams.

Documents from EPA's presentation during the hearing are provided below:

A copy of written comments received after the public hearing is provided below. EPA accepted written comments from June 7 to June 21, 2022. We received 12 letters, with one letter signed by 5 organizations. 

About Oregon's Objection Under Clean Water Act Section 401(a)(2)

Under Clean Water Act section 401(a)(2), EPA is required to evaluate the objections of a neighboring jurisdiction and provide a recommendations to address the objections at a public hearing. This is a separate and distinct obligation from EPA’s permitting authority under CWA section 402.

In March 2020, EPA provided notice to the Oregon Department of Environmental Quality (ODEQ) that it had determined that discharges from the proposed permits “may affect” the quality of Oregon’s waters. In May 2020, ODEQ determined such discharges “will affect” the quality of Oregon’s waters and would not ensure compliance with all of Oregon’s water quality requirements. As a result of this determination, ODEQ objected to the draft permits and requested a hearing from EPA.

EPA held two public comment periods on the draft permits and received the Washington Department of Ecology's (Ecology) Clean Water Act section 401 certifications which contained conditions that Ecology determined necessary to assure compliance with its water quality requirements. EPA incorporated Ecology’s certification conditions and provided ODEQ with a copy of the Bonneville Dam revised draft permit. Subsequently, in an October 2021 communication to EPA (pdf), ODEQ narrowed its objection to the draft permits by limiting its focus to concerns regarding the attainment of Oregon’s water quality standards for temperature.

In its objection, ODEQ provided an example condition for EPA to include in its draft permits. The example condition would require:

  1. The Corps conduct a study on the effects of lower operating pools, including minimum operating pools (MOP), on water temperatures in the Lower Columbia River in the first year of the permit.
    [Note: Operating pools are the area behind dam reservoirs that can be used to generate hydropower. Lower operating pools means that waters are lower behind the reservoir. Lower operating pools may decrease the amount and flexibility in timing of hydroelectric power that dams can generate. Lower operating pools, however, may simulate natural river conditions more, decrease the volume of water that can be heated behind a reservoir, benefit aquatic life and habitat, and lower water temperatures. MOP are the lowest level of water behind a dam reservoir that can still generate hydropower.]
  2. The Corps develop an implementation plan in the second year of the permit that includes temperature monitoring and describes actions to substantially improve thermal conditions at the dams, while considering operational tradeoffs such as impacts to decreased hydropower generation and endangered and threatened species.

Oregon’s example condition would require that the plan be submitted to ODEQ, Ecology, and EPA, and that EPA review and approve the plan.

ODEQ also stated that an alternative condition might be acceptable if the NPDES permits required additional specific studies and actions designed to make significant progress in reducing water temperatures at and discharged from the four hydroelectric facilities.

As currently written, the draft permits include the following requirements related to water temperature from Ecology’s 401 certifications pursuant to Clean Water Act section 401(d):

  • A Water Quality Attainment Plan that includes a detailed strategy to meet Washington’s water quality standards. The Water Quality Attainment Plan includes timelines and milestones beginning in the first year with a final report due in the second year, progress reports after six and nine years, and full implementation of the plan at ten years.
  • A general requirement to implement temperature control strategies.
  • A general requirement to meet load allocations from the Columbia and Lower Snake River Temperature Total Maximum Daily Load (TMDL). The load allocations limit the amount of heating from dam reservoirs to 0.1oC in dam tailraces (just downstream of the dam).
  • Ecology review and approval of the Water Quality Attainment Plan.

Background Information

EPA is authorized to issue NPDES permits for federal facilities that discharge to waters of the State of Washington. This hearing pertains to four federal hydroelectric facilities operated by the U.S. Army Corps of Engineers (Corps) that discharge to the Lower Columbia River:

  • Bonneville Project (WA0026778)
  • The Dalles Lock and Dam (WA0026701)
  • John Day Project (WA0026832)
  • McNary Lock and Dam (WA0026824)

These permits regulate oil and grease discharges, temperature, and pH from the outfalls that discharge to Washington waters. Bonneville Project, John Day Project, and McNary Lock and Dam will also receive NPDES permits from the Oregon Department of Environmental Quality (ODEQ) for discharges to Oregon waters.

When a federal agency issues an NPDES permit, the agency must request certification from the jurisdiction where the facility discharges pursuant to Clean Water Act section 401(a)(1). After receipt of the application and Clean Water Act section 401(a)(1) certification, the federal permitting or licensing agency must forward these documents to EPA. After receipt, EPA must make a determination on whether the discharge may affect the water quality of any other jurisdiction (i.e., the neighboring jurisdiction). If EPA determines that the discharge may affect a neighboring jurisdiction’s water quality, EPA must send a notification to the neighboring jurisdiction.

The neighboring jurisdiction is provided sixty days to determine whether the discharge will affect the quality of its waters so as to violate its water quality requirements. If the neighboring jurisdiction makes this determination, it must provide notification to EPA and the federal licensing or permitting agency of its objection as well as a request for public hearing. The federal licensing or permitting agency cannot issue a permit until the objection is resolved.

On March 18, 2020, EPA began the public comment period for the four Lower Columbia River federal dam NPDES permits. At that time, EPA requested final certification of the permits from the Washington State Department of Ecology (Ecology) pursuant to Clean Water Act section 401(a)(1). EPA also determined that the permits may affect Oregon’s waters and, at that time, requested review of the permits from ODEQ pursuant to Clean Water Act section 401(a)(2).

Ecology provided final Clean Water Act section 401(a)(1) certification of the permits with conditions on May 7, 2021 (see Supplemental Documents below). The temperature-related conditions included:

  • Implementing temperature control strategies and meeting temperature load allocations from the Lower Snake and Columbia River total maximum daily load (TMDL), when issued.
  • Development and implementation of a water quality attainment plan within two years of the effective date of the permit to reduce temperatures behind reservoirs; the water quality attainment plan must meet Washington’s temperature water quality standards.

On May 15, 2020, ODEQ notified EPA that it was objecting to the permits and requested a hearing. In that letter, ODEQ provided example conditions that would address their objection to a number of pollutants. These example conditions included studies and actions related to temperature behind reservoirs, total dissolved gases, cooling water intake structures, and polychlorinated biphenyls (PCBs).

On May 18, 2020, EPA issued the Columbia and Lower Snake Rivers total maximum daily load (TMDL). The TMDL included temperature targets (wasteload allocations and load allocations) for the federal dams. Wasteload allocations at the dams pertain to point source discharges of cooling water from outfalls. Load allocations at the dams pertain to nonpoint source discharges related to reducing water temperatures behind reservoirs. On January 13, 2021, EPA held a second public comment period for the Lower Columbia River permits. EPA took comments on proposed heat limits in the permits consistent with wasteload allocations in the TMDL.

On October 8, 2021, ODEQ sent a follow-up letter to clarify that since the permits will include Ecology’s 401 certifications in the final Lower Columbia River permits, ODEQ was lifting its objection for all parameters except temperature. ODEQ concluded that the permits do not currently satisfy Oregon’s WQS for temperature, and therefore, reiterated its objection and request for a public hearing, and provided example conditions and an alternative condition that would satisfy the objection.

ODEQ’s objection on temperature is set forth in its October 8, 2021, letter. The letter describes the temperature problems in the Columbia River including violations of Oregon’s temperature water quality standards in the Columbia River, its status as an impaired water, and the subsequent development of the TMDL.

ODEQ describes two Clean Water Act section 401(a)(1) conditions from Ecology that will be included in the final permits that address temperature:

  1. The development of a water quality attainment plan to implement temperature control strategies.
  2. A requirement to meet the load allocations in the TMDL.

ODEQ further explains the permits must include additional specificity to ensure that temperature water quality standards will be achieved because of inadequate progress by the Corps to address high temperatures and because of worsening conditions in the Columbia River. ODEQ states that the Corps must identify, evaluate, and adopt specific alternatives for reducing thermal loads from the federal dams.

Lastly, ODEQ provides an example condition that will satisfy their objection. The example condition is for a study on ways to reduce thermal loading from each facility from July 15 to September 30 and during other important time periods of salmon migration. The study would evaluate effects from the dams operating at different spill levels, including minimum operating pools (MOP), which more closely simulates a river without dams. The study would further include an:

  • Estimate of the change in reservoir surface area when operating at MOP and effects on water temperature.
  • Analysis on the frequency, duration and magnitude of water quality standards exceedances in the Lower Columbia River.
  • Analysis of operational tradeoffs from lower operating pools.

The condition also includes an implementation plan within one year of the initial temperature study that would include a timeframe and milestones for implementing actions that will provide substantial temperature improvements accounting for other operational requirements the Corps must meet. This plan must be reviewed by ODEQ, Ecology, and EPA and approved by EPA.

Oregon’s objection also stated that an alternative condition would be acceptable if the permits included more specific studies and actions to make significant progress in reducing temperatures from the facilities.

Supplemental Documents

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Last updated on April 26, 2024