Category Archives: Pollution and spills

Petition seeks to revoke Department of Ecology’s clean-water authority

Citing pollution problems in Puget Sound, an environmental group is asking the Environmental Protection Agency to revoke Washington state’s authority to enforce the federal Clean Water Act.

Northwest Environmental Advocates, based in Portland, says a review of 103 discharge permits issued by the Washington Department of Ecology shows a failure to control nitrogen pollution. Excess nitrogen reduces oxygen levels in the water and triggers algae blooms, resulting in serious problems in Puget Sound, according to a petition submitted to the EPA.

“Ecology determined that over 80 percent of the human sources of nitrogen in Puget Sound comes from cities and towns, but it continues to issue discharge permits as if it were completely ignorant of these facts,” Nina Bell, the group’s executive director, said in a news release.

“It’s just flat out illegal to issue permits that contribute to harmful pollution levels,” she added. “These permits are the walking dead, existing merely to create the impression that the state is doing its job to control water pollution when it is not.”

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Two-for-one executive order on regulations headed for showdown

The Environmental Protection Agency is moving forward to protect people’s health from toxic chemicals, despite an executive order from President Trump that requires two existing regulations to be repealed for every new regulation approved.

Photo: André Künzelmann, Wikimedia commons

On Tuesday, the EPA will hold a public hearing to help develop rules for controlling the use of 10 chemicals evaluated under the revised Toxic Substances Control Act. (See EPA Public Workshop.) As I described in Water Ways, Dec. 1, these high-hazard chemicals could be banned or significantly restricted in their use. Seven of the first 10 under review have been found in drinking water at various sites across the country.

Preliminary information about the chemical risks and the evaluation process can be found on EPA’s TSCA website.

The revised Toxic Substances Control Act received overwhelming bipartisan approval in Congress. Even the chemical industry supported the law, in part because it would limit what states can do to ban chemicals on their own. Check out my story in the Encyclopedia of Puget Sound.

We have yet to see how Trump’s executive order on controlling regulations will affect upcoming rules for toxic chemicals, but the order is already causing some confusion. It has been ridiculed as “nonsensical” by environmental groups, which filed a lawsuit this week seeking to overturn the order. More than a few Republicans say they don’t know how it will work.

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Stormwater projects in Silverdale offer hope for a degraded Clear Creek

Detailed planning and design, followed by thoughtful construction projects, have begun to tame the stormwater menace in Clear Creek, an important salmon stream that runs through Silverdale in Central Kitsap.

A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. Photo: C. Dunagan
A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. // Photo: C. Dunagan

Stormwater has been identified as the greatest pollution threat to Puget Sound. In Kitsap County, many folks believed that the dense development pattern in and around Silverdale has doomed Clear Creek to functioning as a large drainage ditch for runoff into Dyes Inlet.

But reducing stormwater pollution is not beyond the reach of human innovation, as I learned this week on a tour of new and planned stormwater facilities in the Clear Creek drainage area. The trick is to filter the stormwater by any means practical, according to Chris May, director of Kitsap County’s Stormwater Division and a key player in the multi-agency Clean Water Kitsap program.

Projects in and around Silverdale range from large regional ponds of several acres to small filtration devices fitted into confined spaces around homes and along roadways.

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Invasive species need to be on Legislative agenda

With invasive green crabs entering Puget Sound from the north and invasive mussels discovered in Montana to the east, the Legislature will be called on to make some critical funding decisions to ward off potential invaders.

Zebra mussels cover a native mussel in the Great Lakes. Photo: U.S. Fish and Wildlife Service
Zebra mussels cover a native mussel in the Great Lakes. // Photo: U.S. Fish and Wildlife Service

Green crabs and freshwater zebra and quagga mussels are not the only aquatic invasive species of concern. As I described in a story published in the Encyclopedia of Puget Sound, state officials worry about the potential import of all sorts of harmful species via ballast water and the hulls of vessels.

To fully address the threats through prevention and enforcement, the Washington Department of Fish and Wildlife estimates that $5.2 million per year is needed. That would move Washington ahead of Oregon and Idaho in addressing the problems. Each of those states spent about $1.3 million in 2014, while California spent about $10.7 million. Washington’s current budget for dealing with aquatic invasive species is one of the lowest in the country at $900,000 a year.

Increases in the program would be phased in over six years, increasing from $900,000 a year in the current budget to $2.3 million in the next biennium, according to a proposal to be submitted to the Legislature. It would go to $4.7 million five years from now.

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New toxic chemical law begins to review most-dangerous compounds

The first 10 toxic chemicals to be reviewed under the amended Toxic Substances Control Act were announced this week by the Environmental Protection Agency. After review, these chemicals could be banned or significantly restricted in their use.

Photo:André Künzelmann, Wikimedia commons
Photo:André Künzelmann, Wikimedia commons

As specified by law, the first 10 chemicals were chosen from 90 listed in the TSCA Work Plan, based on their high hazard and the likelihood of human and environmental exposure.

Incidentally, seven of the 10 chemicals to be reviewed are contaminants that have reached sources of drinking water at various sites across the country. Six of the seven are known or suspected of causing cancer in humans.

These are the seven chemicals known to contaminate drinking water:

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What comes next under water-quality standards imposed by the EPA?

The Environmental Protection Agency approved new water-quality standards for Washington state this week, overriding a plan approved by Gov. Jay Inslee and the state Department of Ecology.

It was a rare posture for the EPA. Now the state will be pressured to appeal the EPA standards to federal court. Cities and counties as well as some industrial organizations are clearly unhappy with the EPA’s action, while environmental and tribal representatives got most of what they wanted.

The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.
The basic structure of polychlorinated biphenyls, where the number and location of chlorine atoms can vary.

The EPA action is especially unusual, given that this state is known for some of the strongest environmental regulations in the country. After much dispute, Ecology finally agreed to much higher fish-consumption rates without increasing the cancer-risk rate, leading to more stringent standards for many of the chemicals. But Ecology had its own ideas for the most troublesome compounds with implications for human health. They include polychlorinated biphenyls (PCBs), arsenic and mercury. For background, see Water Ways, Oct. 18, 2015.

Some news reports I saw this week said EPA’s action will lead to salmon that are safer to eat. But that’s not at all certain, and opponents say it is unlikely that the revised limits on chemical pollution will have any practical effect on compounds that affect human health.

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Understanding how rogue chemicals affect people and marine life

Scientists are just beginning to understand the profound impact that synthetic chemicals are having on humans and other animals in the Puget Sound region.

As a major predator, harbor seals accumulate more than their share of toxic chemicals, including flame retardants. A legal ban on certain chemicals seems to be reducing levels in their tissues. Photo: hj_west, www.flickr.com/photos/hjwest/
As a major predator, harbor seals accumulate more than their share of toxic chemicals, including flame retardants. A legal ban on certain chemicals seems to be reducing average levels in their tissues.
Photo: hj_west

My latest story for the Encyclopedia of Puget Sound addresses so-called chemicals of emerging concern. Please check out “Concerns rise over rogue chemicals in the environment.”

While talking to researchers and investigating a variety of biologically active compounds, I began to realize the complexity of the body’s internal chemistry. I thought I knew something about the endocrine system, but I never fully considered how one hormone can trigger responses in multiple organs, including the release of additional hormones, even creating feedback loops.

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Death of female orca with young son raises worries about the future

It has been hard to take the news that J-28, a 23-year-old female killer whale named Polaris, is now missing and presumed dead — even though I knew this news has been coming since August. It now appears likely that her 11-month-old son J-54, named Dipper, will not survive either.

On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head.” Polaris has now been confirmed as dead, and her son is probably dead as well, researchers say.
On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head” and related to malnutrition. Her 11-month-old son, shown with her, also was struggling to survive. Polaris has now been confirmed as dead, and researchers say her son is probably dead as well.
Photo: Ken Balcomb, Center for Whale Research

I sadly reported on Polaris’ “super-gaunt” condition in Water Ways (Aug. 24) after talking to Ken Balcomb of the Center for Whale Research. Until recently, various whale-watching folks, including CWR researchers, have reported that Polaris was still alive. She was generally seen moving slowly and in poor shape, but at times she seemed to have more energy, raising hopes that she might recover. But the last sighting of Polaris was Oct. 19 in the Strait of Juan de Fuca.

During a press conference Friday, Ken announced the death of Polaris, as he spoke out to raise awareness about the plight of Puget Sound orcas.

Ken said Dipper’s sister and aunt were attempting to care for the young orphan, but no other lactating females have moved in to provide milk, so he likely will die if he is not already dead.

Ken read a personally penned obituary for Polaris, noting that she was popular with whale watchers, in part because she was easily identified by a nick in her dorsal fin. She acquired the distinctive mark when she was nine years old.

At the press conference, Ken talked about the most concerning problem facing the orcas: a shortage of chinook salmon, their primary prey. The food shortage is exacerbated when the whales burn fats stored in their blubber, causing the release of toxic chemicals from their blubber into their bloodstream. Chemicals can affect the immune and reproductive systems, as well as other hormonal systems.

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A difference between chum and coho salmon may be in their blood

On the outside, chum and coho salmon don’t seem all that different from one another, not when you consider the variety of fish in Puget Sound — from herring to halibut along with dozens of other odd-looking creatures (EoPS).

But we know that if you place coho in stormwater taken from a heavily traveled roadway, the coho are likely to die within hours. But if you do the same thing with chum, these hardy fish will barely notice the difference.

In this photo taken two years ago, Jenifer McIntyre describes her discoveries about rain gardens at the Washington Stormwater Center in Puyallup. Photo: Meegan Reid, Kitsap Sun
In this photo taken two years ago, Jenifer McIntyre describes her discoveries about rain gardens at the Washington Stormwater Center in Puyallup.
Photo: Meegan M. Reid, Kitsap Sun

Researchers began to observe the varying effects of pollution on different species of salmon years ago. In 2006, I reported on studies by researcher Nat Scholz of the National Marine Fisheries Service, who discovered that coho would swim into Seattle’s heavily polluted creeks to spawn, but they wouldn’t get very far. Within hours, they would become disoriented, then keel over and die. (Kitsap Sun, June 10, 2006)

Later, Jenifer McIntyre, a researcher with Washington State University, collaborated with Scholz to refine the studies, exposing adult coho and later young coho to stormwater under controlled conditions. Much of that work was done at the Suquamish Tribe’s Grover’s Creek Hatchery in North Kitsap. The researchers also measured the physiological effects of pollution on zebrafish embryos during their early stages of development.

Working at the Washington Stormwater Center in Puyallup, Jen made a remarkable discovery that has dramatically changed people’s thinking about stormwater treatment. She found that if you run the most heavily polluted stormwater through a soil medium containing compost, the water will no longer have a noticeable effect on the sensitive coho. Rain gardens really do work.

Jen’s findings and related stormwater issues were described in a story I wrote two years ago for the Kitsap Sun, “Stormwater solutions key in fight for Puget Sound.” The story is part of a two-year project we called “Taking the Pulse of Puget Sound.”

Now, Jen, who recently joined the faculty of WSU, is beginning a new phase of her research, probing deeper into the physiological responses of coho salmon when exposed to polluted stormwater. She told me that the varying responses of coho and chum offer clues about where to look for problems.

“It is very interesting,” she said. “As biologists, we understand that there is variability among species. But we would expect, at least among salmon, that things would be pretty much the same.”

Researchers in Japan have discovered that different kinds of fish have different subunits in their hemoglobin, which are the proteins in red blood cells that carry oxygen to the vital organs. Since coho and other salmon may have different forms of hemoglobin, oxygen transport in the blood is a good place to start this investigation, she said.

From there, the issues of blood chemistry get a little technical, but the ability of red blood cells to carry oxygen can depend not only on the form of hemoglobin but also on the pH (acidity) of the blood, she said, and that can be altered by drugs and other chemicals.

Another thing that researchers may be seeing is “disseminated intravascular coagulation,” a condition that results from clotting in the lining of the capillaries. DIC can reduce or block blood flow where it is most needed and eventually cause organ damage. That’s an area for more research, Jen said, noting that these investigations are moving forward in collaboration with researchers at NMFS and the U.S. Fish and Wildlife Service.

Meanwhile, Jen is working with chemists at the University of Washington’s Center for Urban Waters in Tacoma to figure out which substances — out of hundreds of chemicals found in stormwater — could be causing these deadly effects on fish.

If isolating the dangerous compounds proves too difficult, researchers might be able to start with the original toxic sources, perhaps exposing fish to chemicals found in tires, oil, antifreeze and so on, Jen said. For those effects, it might be good to begin the investigation with the well-studied zebrafish embryos, which are transparent and can be observed closely throughout their embryonic development.

Needless to say, this is a field of intense interest. If researchers can discover what is killing coho, they might begin to understand why the recovery of chinook salmon in Puget Sound has been so slow. Chinook, which could be added to Jen’s studies, are listed as a threatened species under the Endangered Species Act and are the preferred prey of Puget Sound’s killer whales, which are listed as endangered.

Two recent articles discussed the relative hardiness of the chum compared to coho salmon:

Struggle for clean water criteria coming to a close

The long-running controversy over Washington state’s water quality standards for toxic chemicals is nearly over. We will soon know just how pure the water must be to get a clean bill of health.

chinook

We still don’t know whether the Environmental Protection Agency will approve the new state standards adopted this week or impose more stringent standards that EPA developed for several key pollutants. The EPA has already taken public comments on its proposed standards.

“We believe our new rule is strong, yet reasonable,” said Maia Bellon, director of the Washington Department of Ecology, in a news release. “It sets standards that are protective and achievable. With this rule now complete, we will continue to press forward to reduce and eliminate toxics from every-day sources.”

For more than two years, much of the controversy focused on the fish-consumption rate — an assumption about how much fish that people eat. The FCR is a major factor in the equation used to set the concentration of chemicals allowed in water before the waterway is declared impaired. (See early discussions in Water Ways, Nov. 11, 2010.)

Initially, after plenty of debate, the state proposed increasing the FCR from 6.5 grams per day to 175 grams per day — a 27-fold increase. The initial proposal counter-balanced the effect somewhat by increasing the cancer-risk rate from one in a million to one in 100,000 — a 10-fold shift. Eventually, the state agreed to retain the one-in-a-million rate.

As I described in Water Ways last October, some key differences remain between the state and EPA proposals. Factors used by the EPA result in more stringent standards. The state also proposes a different approach for PCBs, mercury and arsenic, which are not easily controlled by regulating industrial facilities and sewage-treatment plants — the primary point sources of pollution.

PCB standards proposed by the EPA make representatives of industry and sewage-treatment systems very nervous. Water-quality standards are the starting points for placing legal limits on discharges, and EPA’s standard of 7.6 picograms per liter cannot be attained in many cases without much higher levels of treatment, experts say.

“Available data indicate that most state waters would not meet the EPA proposed criteria and that most (federally permitted) wastewater treatment plants will have to apply membrane filtration treatment and additional treatment technologies to address PCBs,” according to a letter from five industrial organizations and a dozen major businesses (PDF 3 mb).

Entities in Eastern Washington are in the midst of planning efforts to control pollution in the Spokane River, and major sewer upgrades are under consideration, the letter says.

“If Ecology were to follow the same approach on Puget Sound that it has on the Spokane River, this would amount to a range of compliance costs from nearly $6 billion to over $11 billion for just the major permits identified by EPA,” the letter continues. “A more stringent PCB criterion is also likely to impact how stormwater is managed, as PCB concentrations have been detected in stormwater throughout the state.”

For pulp and paper mills using recycled paper, the primary source of PCBs is the ink containing the toxic compounds at EPA-allowed concentrations, the letter says. Other major sources are neighborhoods, where PCBs are used in construction materials, and fish hatcheries, where PCBs come from fishmeal.

sailing

The letter points out similar problems for EPA’s proposed mercury standard, calling the level “overly conservative and unattainable in Washington (and the rest of the United States), as the levels of mercury in fish are consistently higher than the proposed criterion.”

When water-quality criteria cannot be attained for certain chemicals using existing water-treatment technology, facilities may be granted a variance or placed under a compliance schedule. Both environmentalists and facility owners have expressed concern over uncertainties about how the agencies might use these approaches.

Despite the uncertainties, environmentalists and Indian tribes in Washington state generally support the more stringent standards proposed by the EPA.

“Tribes concur that water quality discharge standards are only a part of the toxic chemical problem in the state of Washington and that more efforts toward source control and toxic cleanup are needed,” writes Lorraine Loomis of the Northwest Indian Fisheries Commission. “However, the standards are an essential anchor for determining where and how to deploy toxic reduction efforts and monitor enforcement.”

When I said this controversy is nearly over, I was referring to a time schedule imposed this week by U.S. District Judge Barbara Rothstein, who ruled that the EPA missed its own deadlines for updating water quality criteria.

Rothstein, responding to claims from five environmental groups, imposed a new deadline based on EPA’s own suggested dates. Because the state has finalized its rule, the EPA now has until Nov. 15 to either approve the state’s criteria or sign a notice imposing its own standards. Checkout the judge’s ruling (PDF 494 kb).

The new criteria won’t have any practical effect until applied to federal discharge permits for specific facilities or in developing cleanup plans for specific bodies of water — although state inspectors could use the new state criteria for enforcing state laws if they discover illegal discharges.

If you want to dig a little deeper, view the full list of comments about Ecology’s proposal, many of which refer to the alternate EPA proposal as well. Ecology posts its information on its “Water Quality Rulemaking” page. EPA posts its information on the “Washington Water Quality Standards” page.