Frequently Asked Questions:

Portland’s Approach to the Environmental Protection Agency’s LT2 Rule

What is LT2 and what does it involve? 

LT2 stands for the Long Term 2 Enhanced Surface Water Treatment Rule. It was issued by the U.S. Environmental Protection Agency (EPA) in January 2006 as part of the implementation of the Safe Drinking Water Act. According to EPA, the purpose of the LT2 rule is to reduce illness linked with the contaminant Cryptosporidium and other disease-causing microorganisms in drinking water. The rule supplements existing regulations by targeting additional Cryptosporidium treatment requirements to higher risk systems.

LT2 applies to all public water systems which use surface water or groundwater under the direct influence of surface water. This includes about 14,000 water systems nationwide serving approximately 180 million people.

The LT2 rule requires that unfiltered surface water systems such as Portland provide additional treatment to specifically address Cryptosporidium by April 1, 2014. The rule also prohibits the continued use of open finished drinking water reservoirs such as those in Mt. Tabor and Washington Parks. The Water Bureau currently has an EPA-approved plan to build redundant storage at Powell Butte and Kelly Butte which would allow for the Mt. Tabor reservoirs to be taken offline no later than December 31, 2015. A similar plan is in place to remove and replace the open storage at Washington Park no later than December 31, 2021.  

How has Portland Water Bureau approached compliance with the LT2? 

Because the city has only detected very small quantities of Cryptosporidium in its Bull Run water source, it has since 2005 been engaged in several efforts to find alternative compliance options with the rule. :

• In Feb. 2006 the City of Portland filed a legal challenge to the LT2 rule in the District of Columbia Circuit Court of Appeals.

• In November 2007 an opinion on behalf of the Court was filed by Circuit Judge Tatel saying: “Because we find the cities’ arguments either meritless, irrelevant, or both, we deny the petition for review.” The challenge was denied.

• In December 2007, Commissioner Randy Leonard convened a meeting of representatives from Senator Wyden, Congressman Blumenauer and Congressman Wu's offices, the City Government Relations Office, the Water Bureau, and other stakeholders. At that time, the delegates indicated that obtaining legislation to exempt Portland from the LT2 rule would be a significant challenge but that they would work with the city on strategies as opportunities arose within the Congress. They indicated that the city should go through an administrative variance process directly with EPA in advance of seeking legislative solutions because it would be better to exhaust all administrative options before seeking a legislative end-run.

• In 2007, the bureau introduced Oregon legislation to enable the State of Oregon to grant variances to LT2 should the city succeed in obtaining one from the federal EPA.

Since 2008, the bureau has been working with the federal EPA to develop a proposed study to determine its eligibility for a variance to the LT2 rule. The bureau hopes to begin water quality testing for the purpose of this study by November 2009.

• In June 2009, Commissioner Leonard received a letter from Senator Jeff Merkley stating that “…a legislative approach has very little chance for success” in offering relief from the LT2 rule.

 Has Cryptosporidium ever been detected in Portland’s water supply? 

 Yes, but it has not been detected in monthly water quality samples since 2002.

Is Portland exempt from compliance with LT2?  

No. The Portland Water Bureau is pursuing an administrative variance with the EPA that would exempt Portland from the treatment requirements of the rule. EPA can impose other conditions of compliance should the city ultimately succeed in obtaining a variance. Those conditions are not known at this time.

What options does the city currently have in terms of the treatment requirements and requirements for open reservoirs?  

To obtain a variance to the treatment portion of the LT2 rule, the Portland Water Bureau must demonstrate that the Bull Run source water is as free of Cryptosporidium as a filtered system. Currently, the bureau is working to reach an agreement with EPA over the analytic methods that will be used to determine this one way or the other.

If the variance is unsuccessful, the EPA says that the bureau must provide additional treatment to the city’s Bull Run source water. The Portland City Council decided in July 2009 that the city will use Ultraviolet or UV Treatment should additional treatment ultimately be required. 

UV treatment is the least expensive treatment approach available to the city; however, it also provides fewer overall benefits. UV treatment consists of water passing under high intensity UV bulbs which neutralize Cryptosporidium. The downside is that Cryptosporidium is the only microbial contaminant that is treated.by UV. Other treatment methods that are acceptable under the LT2 include filtration, ozonation and chlorine dioxide.

How will the Water Bureau proceed based on the City Council’s July 2009 decision on treatment?  

In addition to choosing UV treatment, the City Council directed the Water Bureau to also:

1. Continue to seek administrative alternatives to the treatment requirements of the rule, including seeking a variance from the EPA and seeking a deadline extension from the State of Oregon or the EPA.

2. Begin construction only if and when the bureau’s administrative efforts to secure compliance prove unsuccessful. 

3. Establish binding policy of the Portland City Council that the land and infrastructure owned by the Portland Water Bureau integral to the delivery of water shall not be transferred to or operated by any private entity or any public entity other than the City of Portland.

Has the bureau received any support or feedback from Oregon’s congressional delegation? 

Yes. The Portland Water Bureau has worked closely with our delegation over several years in assessing its legislative and administrative options. Most recently, a June 18th letter from Oregon Senator Jeff Merkley offered his support and stated that he “will continue to push the EPA to develop a path for Portland...to be given the time needed and technical assistance to develop a plan for extensive water quality monitoring in order to successfully make the case for a variance.” Senator Merkley also acknowledged “that a legislative approach has very little chance for success” in offering relief from the LT2 rule.

Does the Water Bureau plan to sell off ownership of the Bull Run water supply? 

No. Portland’s water source and system are one of our city's most valuable treasures and the Water Bureau has no intentions of selling or diluting the ownership of the Bull Run water supply. The City of Portland will remain the sole owner of any additional treatment plants that may be necessary and the Bull Run water supply system.

What happens if the City of Portland does not comply with the LT2 ruling by April 1, 2014, the EPA’s compliance deadline? 

If the city has not made a strong effort to comply with the rule, the EPA could impose fines, require the bureau to issue a boil water notice or seek a compliance order to gain a commitment from the city to comply with the requirements of the rule. Ultimately, the EPA would have the authority to take over control of Portland’s water system.

The Long Term 2 Enhanced Surface Water Treatment Rule Implementation Guidance Manual states the following:

“Consequences [of significant deficiencies] could include revocation of the operating permit, suspension of the permit until the deficiency is corrected, and fines or penalties levied against the system operator. When significant deficiencies exist, a consent agreement, administrative order, or litigation by the appropriate court may be necessary to ensure prompt and proper correction." 

Noncompliance with LT2 also impacts PWB’s wholesale water agreements. These agreements state that “The City shall meet all applicable drinking water regulatory requirements up to the purchaser’s point of delivery.” If the deadline is not met, the city could be accused of not meeting all “applicable drinking water regulatory requirements” and could be in default of these wholesale water sales conditions.

Does the bureau eventually plan to mix water from the Willamette and Columbia rivers with Bull Run water in the Powell Butte storage facilities? 

 No.

Is the bureau planning to cover the drinking water reservoirs at Mt. Tabor?  

No. The bureau plans to take these open drinking reservoirs off-line in order to comply with the LT2 rule. The bureau is building new storage facilities at Powell Butte and Kelly Butte.The future use of the open reservoirs at Mt. Tabor will be decided in a community process.

Click here to see an EPA approved plan for the city's uncovered finished water storage facilities.