
On March 15th, NWEA sent a letter to EPA pointing out how a recent temperature trade in Oregon does not conform to EPA regulations. The letter looks at the City of Medford’s planting of trees to offset its temperature discharges to the Rogue River. NWEA focuses on two legal issues. The first is that the Oregon Department of Environmental Quality (DEQ), which issued the discharge permit, is falsely assuming that landowners who are getting paid to plant trees have no pre-existing obligation to plant them. The letter discusses a variety of ways in which this assumption conflicts with other regulatory actions taken by state and federal agencies. The second issue concerns DEQ’s having included in the permit an unenforceable tree planting schedule that allows Medford to drag the planting out over 19 years when it is required to be “as soon as possible.” NWEA says both the unenforceability and the timeframe conflict with EPA requirements. The bottom line: the Medford trade does not comply with EPA regulations or EPA’s trading guidance.
