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EPA says Klamath River is impaired by toxins

By Nathan Ruston

The Eureka Reporter

March 21 2008

In a reversal last week of a decision in 2006, the U.S. Environmental Protection Agency determined the Klamath River is impaired from the presence of high concentrations of algae toxin.

The EPA listed the segment of river from the Oregon border to Iron Gate Dam, which includes the Copco and Iron Gate reservoirs. as impaired by microcystin toxins.

The EPA’s about face is a result of a lawsuit by the environmental group Klamath Riverkeeper, which filed a complaint in July last year challenging the agency’s original decision to go along with the recommendation by California’s top water quality agency not to make the listing.

As part of a settlement agreement with Riverkeeper, the EPA agreed to reconsider the algae toxin and based its reversal on key data that wasn’t reviewed because it never made it from the local agency to the state water regulators who made the decision, according to EPA documents.

The lawsuit is one of a series of legal actions by the Klamath Riverkeeper, tribes and fishermen who have been pressuring the Oregon-based utility company that owns the Klamath River dams for years to remove them.

The dams are blamed for deteriorating water quality conditions and a build-up of toxic algae last year that led state health agencies to post warnings along an estimated 100 miles of the Klamath River to prevent people from coming into contact with the toxin.

Several sections of the Klamath River are already listed as impaired under California’s 2006 Clean Water Act Section 303(d) for “nutrients,” “organic enrichment/low dissolved oxygen” and “temperature” that requires local water regulators to implement measures —
called total maximum daily loads — aimed at reducing the impairments to an acceptable standard.

Regina Chichizola, of the Klamath Riverkeeper, stated in a news release that she couldn’t believe the EPA failed to act previously to list the river as impaired for toxic algae because the toxin from the algae exceeded international safety standards by as much as 4,000 percent.

The groups say the EPA’s action comes at a critical time when PacifiCorp is nearing the final phase of the Federal Energy Regulatory Commission’s re-licensing process for the hydroelectric dams.

Chichizola said the listing puts in jeopardy the company’s ability to obtain clean water certification from California and Oregon regulators.

“We hope today’s announcement signals a commitment by the agency to stop PacifiCorp’s toxic pollution of the Klamath River and will ultimately drive another nail in the coffin for PacifiCorp’s dams,” Chichizola stated in a news release.

But PacifiCorp spokesperson Art Sasse declined to address specifically the environmental group’s comments, but said the company has always taken the algae situation “as a very serious matter.”

“There is no way we are going to dignify the rhetoric of the Riverkeeper’s news release,” Sasse said in a telephone interview Friday.

Sasse said the algae is a naturally occurring substance that has always been in the river and is fed from nutrients upstream.

“We don’t anticipate that this will affect our clean water permits in any significant way,” Sasse said.

Peter Kozelka, TMDL coordinator for the EPA’s Region Nine, said Friday in a phone interview that the reversal of the EPA’s previous decision isn’t common.

Kozelka said the Klamath River ’s water problems are complicated and the EPA’s listing for algae toxin isn’t likely to be the “puzzle piece” that will likely drive regulators to deny the re-licensing of the dams.

“Other people may feel differently about this,” Kozelka said.

The EPA’s action is considered final, although federal regulations require a public review and a 30-day public comment period, which is expected to be opened soon to solicit comments to potentially revise the decision if the EPA determines it is warranted.

 

 

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Source:  http://eurekareporter.com/article/080321-epa-says-klamath-river-is-impaired-by-toxins