MEMORANDUM OF UNDERSTANDING 

BETWEEN THE OREGON STATE DEPARTMENT OF 

ENVIRONMENTAL QUALITY AND THE OREGON STATE 

DEPARTMENT OF FORESTRY 

I. Introduction and Statement of Purpose 

A. Introduction 

1. The Environmental Quality Commission (EQC) and the Oregon Department of Environmental 

Quality (DEQ) are responsible for implementing the Federal Clean Water Act in Oregon, ORS 

468B.035, including adoption of water quality standards. The DEQ has adopted and the U.S. 

Environmental Protection Agency (EPA) has approved Oregon's water quality standards and 

its 1994/1996 303(d) list. DEQ intends to update and resubmit its 303(d) list to EPA in 1998 

and subsequent years as required by federal regulations. DEQ is setting priorities for TMDL 

preparation. 

2. Subsection 303(d) of the Federal Clean Water Act (the Act), 33 U.S.C. §1313(d),-requires 

states to identify waters for which effluent limitations or other pollution control requirements 

required by local, State, or Federal authority are not stringent enough to implement applicable 

water quality standards, 40 C.F.R §130.7 (b). These water bodies are l,"eferred to as "water 

quality limited." For each water on the 3 03 (d). list that is not removed from the list by findings 

.of water quality impairment due to natural conditions or best management practice (B11P) 

effectiveness, the state must establish a total maximum daily load (TMDL) allocation at a level 

necessary to implement the applicable water quality standards with seasonal variations and a 

margin of safety which takes into account any lack of knowledge concerning the relationship 

between effluent limitations and water quality. A TMDL is the sum of the individual · 

wasteload allocations for point sources and load allocations for non-point sources and natural 

background, 40 C.F.R §l30.2(i). 

3. TMDLs must be incorporated into the continuing planning process required by Section 303(e) 

of the Act and the continuing planning process must be included in the state's water quality 

management' plan. Sections 208 and 319 ofthe Act, 33 U.S.C. §1288 and §1329, require the 

state to prepare non-point source management plans. 

4. ORS 527.765 requires the Oregon Board of.Forestry (the Board), in consultation with the 

EQC, to establish Best Management Practices (B11Ps) and other rules applying to forest 

practices to ensure that to the maximum extent' practicable non-point source discharges of . 

pollutants resulting from forest operations do not impair the achievement and maintenance of 

water quality standards. established by the EQC. The Oregon Department ofForestry (ODF) 

is the Designated Management Agency (DMA) by DEQ for regulation of water quality on 

nonfederal forestlands. Forest operators conducting operations in accordance with ODF 

BNfPs are considered to be in compliance with Oregon's water quality standards. 

DEQIODF NJOU,· April16, 1998 PAGE 117 
5. The Board in consultation and with the participation and support ofDEQ, has adopted water 

protection rules in the form ofB:tvfPs for forest operations, including, but·not limited to, OAR 

Chapter 629, Divisions 635-660. These rules are implemented and enforced by ODF and 

monitored to assure their effectiveness. DEQ participates in the design and implementation of 

these monitoring efforts. The EQC, DEQ, the Board and ODF determined that pollution 

control measures required as BN!Ps under ORS 527.765 will be relied upon to result in 

achievement of state water quality standards. 

6. · The EQC, DEQ, the Board, and ODF are all committed to restoring salmon and meeting 

water quality through the Healthy Streams Partnership and Oregon Plan for Salmo.n and 

Watersheds, 1997 Oregon Laws, Ch. 7 .. 

B: Purpos~s ofMOU 

The purposes of this memorandum of understanding: 

1. To further define the respective roles and responsibilities of the EQC, the DEQ, the Board, 

and ODF in preventing, controlling and reducing non-point.source discharges to achieve and 

maintain water quality standards; . 

2. To explain the process for detennining whether (a) forest practices contribute to identified 

water quality. problems in listed water quality limited streams; (b) if so, to determine whether 

existing forest practice rules provide sufficient control to assure that water quality standards 

will be met so that waters can be removed from the 303(d) list; 

3. To describe the process for interagency_ coordination in revising forest practice rules, if 

necessary, to assure the achievement of water quality standards; ·and 

4. To encourage the use of voluntary and incentive-based regulatory solutions to achieve and 

maintain water quality. · 

II. Forest Practice BNIPs and Water Quality Standards 

Since ODF is the DMA for water quality management on nonfederal forestlands and ODF' s 

BN.!P's are .designed to protect water quality, ODF and DEQ will jointly demonstrate how the 

F crest Practices Act (FP A), forest practice rules (including the rule amendment process), and 

BN.!P's are adequate protection pursuant to ORS 527.765. This demonstration of the ODF BN!P 

program adequacy will be done at the statewide scale with due consideration to regional and local 

variation in ~ffects including non-anthropogen,ic factors that can lead to water quality standard 

violations. 

DEQIODF ftt!OU,· April16, 1998 PAGE 217 
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Water quality impairment related to aquatic weeds, bacteria, chlorophyll a, dissolved oxygen, flow 

modification, many nutrients, total dissolved gas, or taxies are generally not attributable to forest 

management practices as regulated by the FP A However; it is generally accepted that forest 

management practices have in some cases caused documented changes in temperature, habitat 

modification, sedimentation,, turbidity, and bio-criteria. Therefore, this statewide demonstration of 

FP A effectiveness in protection of water quality will address these specific parameters and will be 

conducted in the following order: 

a. temperature (draft report target completion date Spring, 1999), 

b. sedimentation and turbidity (draft report target completion date Summer, 1999), 

c. aquatic habitat modification (draft report target completion date fall 1999), 

e. bio-criteria (draft report target completion date end 1999), and 

'f. other parameters (draft report target completion date spring 2000). 

The analyses will be presented in a format compatible with EPA region 10 guidance (pages 4-6, 

dated November 1995) regarding B:tvi? effectiveness determinations, and will include: 

a. "Data analysis of the effectiveness of controls relative to the problem": analyze relevant 

data and studies on the parameter and known control methods, 

b. "Mechanisms requiring implementation of pollution controls": give a clear exposition of 

the rules/programs that are designed to provide for protection, 

c. "Reasonable time frame for attaining water quality standards": discuss expected recovery 

times which may be long for some parameters because the ecological processes that bring 

recovery are long-term,. and 

d. "Monitoring to track implementation and effectiveness of controls": describe the scope and 

extent the effectiveness and implementation monitoring program and how they tie back to 

program changes for adaptive management. 

In addition, these analyses will address attainment of state anti-degradation policy. These 

demonstrations will be reviewed by peers and other interested parties prior to final release. While 

analysis is being conducted and unless or until changes are made in accordance with ORS 

527~765, the FP A and implementing rules will constitute the water quality BN.tP program for 

forestlands. These sufficiency analyses will be designed to provide background information and 

techniques for watershed based assessments ofBN.tP effectiveness and water quality assessments 

for watersheds with forest and mixed land uses. 

DEQIODF 1l;fOU,- April16, 1998 PAGE 317 
ill. ODF and DEQ coordination for listed "Yvaterbodies (i.e., 303( d) list) 

A. Waterbody Specific Coordination 

The following coordination will occur between ODF and DEQ regarding the Tiv:IDL process and 

water quality management plans: 

(a) For basins where agreement is reached that water quality impainnent is not attributable to 

forest management practices (Figure 1), the forest practice rules will constitute the water 

quality compliance mechanism for forest management practices on nonfederal forestland. 

ODF will not participate in the development of the TMDL or water quality management plan 

except as requested to assist DEQ as ODF budgeted resources permit. If the basin · 

associated with a listed waterbody is entirely or almost entirely on federal land or nonforestland_ODF will have little or no involvement (Figure 1). 

(b) For basins where water quality unpainnent is attributed to the long-term legacy of historic 

forest management and/or other practices, but ODF and DEQ jointly agree that the forest 

practice BMP's are now adequately regulating forest management activities and not adding 

to further degradation of water quality, the forest practice rules will be designated in the 

water quality management plan as the mechanism to achieve water quality compliance-for 

forest operations. ODF will participate with the other DMAs in developing the water quality 

management plan as necessary. 

(c) For basins where water.quality impainnent may be attributable to forest management 

practices and ODF and DEQ cannot agree that the current BMPs are adequately regi.Ilating 

forest management activities (Figure 1), the current forest practice rules will be designated in 

the water quality management plan as the mechanism to achieve water quality compliance for 

forest operations. However, ODF will design and implement a specific monitoring program 

as part of the basin plan to document the adequacy"ofthe best management practices. The 

schedule and scope of the monitoring program will be jointly agreed to by DEQ and ODF. 

During the interim, while monitoring is being conducted, the current rules will constitute tl).e 

water quality compliance mechanism. If the monitoring results indicate that changes in 

practices are needed in a basin, the DEQ and the Board will use OAR 629-635-120 to create 

watershed specific protection rules or use other existing authority to ensure that forest 

management activities do not impair water quality. 

(d) For basins where both ODF and DEQ agree that there are water quality impairments due to 

forest management activities even with FPA rules and BMP's, the DEQ and the BOF will use 

OAR 629-63 5-120 to create watershed specific protection rules or use other existing 

authority to ensure that forest management activities do not impair water quality. 

In deciding between conditions (a)-( d) above, the statewide rule sufficiency analysis (described in 

ll) will be critical in determining which situation exists. If the practices and impainnents are 

found by DEQ and ODF to be regional or statewide in nature the BOF will create or modify 

statewide or regional rules or design other effective measures to address the impainnent. 

DEQIODF i'IIOU,· April16, 1998 PAGE 417 
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B. Removal or Reclassification of Waterbodies 

DEQ will propose removal·ofwaterbodies (Figure 1) on the 303(d) list when:· 

(a) additional data indicates that the waterbody is not in violation, 

(b) water quality parameters are found to be in violation for reasons other than human activities, 

(c) TNIDL' s, or water quality management plans or their equivalents, have been established in 

compliance with the Clean Water Act §303, or 

(d) the FP A, forest practice rules and B11P's are found to be adequate for a given water quality 

parameter in a given basin via the statewide demonstration or watershed based ~emonstration 

(see section II above) and all land affecting the listed waterbody is deemed forestland that is 

regulated under the FP A. Forest basins that have water quality impairment due to legacy 

conditions that will not be corrected by the current B11Ps alone, remain listed with their 

present status until voluntary or incentive based actions are implemented. that are intended to 

restore watershed conditions such that water quality Standards can be met. 

IV. Voluntary and Incentive-Based Approaches 

DEQ and ODF will work jointly with landowners and watershed councils, as resources pernrit, to 

use innovative approaches to resolving water quality problems. DEQ and ODF will use other 

pollution control requirements when appropriate to restore watershed conditions such that water 

quality standards can be met in waterbodies listed under Section 303(d) ofthe·Clean Water Act. 

These pollution programs include but are· not limited to the following: 

1. Oregon Laws 1997, ch. 553, The Green Pernrits Act,; 

2. Oregon Laws 1995, ch. 413, The Forest Stewardship Act,; 

3. Oregon Laws 1997, ch. 7, Healthy Streams Partnership and the Oregon Plan for Salmon and 

Watersheds; 

4. DEQ' s Environmental Management Systems Incentives Project; 

5. Habitat Conservation Plans adopted and approved under the Endangered Species Act; 

6. Project XL agreements with the EPA:, and 

7. Pollution Prevention Partnership agreements with the EPA 

Some of these alternative approaches will become critical and complementary to the forest 

practices program when attempting to restore water quality in streams with significant legacy 

DEQIODF :WJOU; April16, 1998 PAGE 517 
conditions caused by past actions such as channel simplification from splash damming and stream 

cleaning. 

V. Other key coordination points for DEQ and ODF 

There are two other issues that will require.special coordination between DEQ and ODF These 

coordination issues regard: · 

1. OutstandingResource Water designations and management measures, and 

2. Coordination between the two agencies when there is a land use conversion. 

Both agencies agree to open discussion on how to coordinate on these issues but they are 

separate issues that are not covered by this particular MOU. 

VI. Signature.s 

ames E. Brown, State Forester 

Oregon Department of Forestry 

Date: t£10 J> 

Marsh, Director 

0 ego Department of 

EnVIronmental Quality 

Da.te: If .... I 7-t'f f 

DEQIODF NJOU; Apri/16, 1998 PAGE 617 
DEQ Establishes water quality standards and monitors water9odies for WQS violations 

Scenarios for changing ~ 

listing status or dec71 Wlter Quality Umited INaterbodies 303 (d) list I 

fODF involvement' . ~ 

· Further data analy-sis Evidence for VVQS violation stands scrutiny and 

indicates waterbody meets violation due to human factors 

WQS or violation due to nonhuman factors. DEQ 'hill t 

propose removal from 303d Basins upstream of listed water 

list (See text III:A:a-b) bodies have signiffcant land 

Basins upstream of listed · ownership on state and private 

forestland. 

bodies are entirely or mos1fy 

WO.S 

forestland 

on federal 

violation 

(See 

foresland 

for 

text 

parameter 

III:A:a) 

or nonnot 

~ associated J ~ 'Nith forest practices. (See text lll:A:al 

VVater Quality lmpainnent may be associated 

Wth forest practices. Examples include: 

New monitoring indicates VVQS not violated v temperature, sediment conditions etc ... 

or violation due to non-human factors. DEQ 

):;ependence on ~ores! Pracfice rules and 

'hill propose removal from 303d list (See text 

lfi:A:a-b and III:B:a-b) 

,._. 

Habitat conservation plans, water quality man- Program alone to meet VVater Quality 

agement plans, mtershed analysis etc ... ) requirements on state/private fores1fand 

deemed meets TMDL needs (See text IV). 

DEQ 'hill propose removal from 303d list (See _/ / ) text III:B:c) 

ODF and DEQ agree that '--

ODF and DEQ agree that 

current rules/program is ODF and DEQ do not agree that Forest Practicesprogram adequate Vl/0. protection OOF rules are adequate. Set up does not address polfutant 'hill include program in plans monitoring. In meantime existing abatement adequately either 

for mixed land-use types. For rules constitute the VVO.S at basin, regional or 

basins 'Nith 1 00% forestland compliance mechanism. (See text state'Nide level. (See text 

DEQ will propose removal III:A:c) Ill :A: d) from 303d list (See text lll:A:a 

and Ill :A: d) 

~ 

' ---- ______.,. / 

If rules deemed inadequate either by aggreement of ODF and DEQ or 

by monitoring and further study, then modty rules at basin, regional, or 

state<Mde level under ORS 527.765, OAR 629-635-120, or by other 

rule or statute. (See text III:A:d} 

....------

ODF and DEQ agree that n~ rules/program is adequate Vl/0. protection. ODF will include 

program in basin plans for mixed ownerships. For pure forestland ownerships, DEQ will propose 

removal from 303d list (See text III:B:d} 

Figure 1. Treatment of waterbodies wth forestland and mixed landuse and 

ownership lands listed as water quality limited under the 303( d) list 

DEQIODF ft!JOU; April16, 1998 PAGE 717 

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