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To KBC News from ITSSD President Lawrence Kogan 2/26/19

ITSSD Summary of Comments Regarding the SWRCB Draft Environmental Impact Report for the Lower Klamath Project License Surrender Pacificorp Federal Energy Regulatory Commission Project No. 14803 February 26, 2019.

"Attached is the 30-page comment submission sent to the California State Water Resources Control Board by the Institute for Trade, Standards and Sustainable Development (ITSSD), and its President, Lawrence Kogan. These comments respond to/oppose the SWRCB's draft EIR supporting KRRC's application with FERC for license transfer and surrender, and ultimate decommissioning of PacifiCorp's Lower Klamath Project, for the purpose of removing the four Klamath River dams.
 
Although the comments were submitted after the Feb. 26, 2019 at noon deadline, it appears, at this time, that the State of California has accepted the comments. 
 
In sum, the comments emphasize how USEPA, not the FERC, should have jurisdiction over dam removal, which should not occur in any event, given USEPA's prior and ongoing failure to conduct the necessary toxicological human health risk assessments of the reservoir bottom sediments bearing toxic substances from the four PacifiCorp Klamath River dams.  The Copco 1 and 2 dams, which are the oldest of the four dams, have been in operation for approximately between 90 and 100 years, and thus, harbor the same number of years' worth of hazardous toxic materials gathered from upstream industrial, commercial, and agricultural activities. JC Boyce and Iron Gate dams, meanwhile have been in operation no fewer than between 56 and 70 years, and also harbor the same number of years' worth of such upstream hazardous toxic materials.
 
USEPA cleverly abdicated its role in reviewing whether dam removal is in the best interest of the public, and effectively shifted federal jurisdiction from itself to the FERC, and to the States of California and Oregon, by preventing California from including in its total daily maximum load calculation for the "impaired" Klamath River the % of contribution from all four Klamath River dams' reservoir sediments and water columns to the Klamath River's total point source and nonpoint source pollutants.  This effectively bypassed Clean Water Act Section 303(d)'s requirements, in favor of Clean Water Act Section 401 state water quality certificates tied to FERC dam licensing.
 
The ITSSD also incorporated in Section VI of its submission, a constitutional discussion contained in the 100-page memorandum ITSSD sent to Congress earlier in the week.  The memorandum argued that Congress must consent to and ratify the changes the Klamath basin agreements effectively make to the 1957 Klamath River Basin Compact before dam removal can proceed. 
 
Readers are encouraged to share this information and to contact their representatives.

Laurence Kogan, President, ITSSD / Institute for Trades, Standards, and Sustainable Development"

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