Category Archives: Pollution and spills

EPA’s ‘virtual hearing’ will address proposed water quality standards

Five years ago, I could not have predicted that Washington state would end up in a serious conflict with the federal government over water-quality standards to protect people’s health. But it has happened, and there’s no clear resolution in sight.


The federal Environmental Protection Agency will hold a “virtual hearing” on this issue in December. Read on for details, but let me first provide some recent history.

In November 2010, I wrote about the Department of Ecology’s newest undertaking, as the agency embarked on an effort to define “how clean is clean” in protecting public health in state waters. See Water Ways Nov. 4, 2010, and also Kitsap Sun Nov. 2, 2010.

It was obvious at the time that the state would need to increase its existing fish-consumption rate of 6.5 grams per day — a key factor in the formula used to calculate the allowable concentration of toxic chemicals in the water. After much discussion and delay, the state eventually proposed a rate of 175 grams per day — 27 times higher than the existing rate.

The controversy arrived when the state proposed a cancer risk rate of one in 100,000 — a risk 10 times higher than the existing rate of one in a million. The higher cancer risk rate would somewhat offset the effect of the much higher fish-consumption rate. Other factors were changed as well, as I described in the second of a two-part series in the Kitsap Sun, March 11, 2015.

When Gov. Jay Inslee announced the state’s newly proposed standards, he also proposed new legislation to study and reduce the sources of toxic chemicals of greatest concern. The Legislation failed to gain enough support for passage during the past legislative session.

The governor has since pulled back from the original proposal and agreed to return to a cancer risk rate of one in a million. A new proposal is expected to be announced after the first of the year, Meanwhile, the EPA is moving forward with its own proposal, probably more stringent than what we’ll see from the state. I outlined the likely differences in Water Ways on Oct. 8.

On Dec. 15 and 16, the EPA will hold what it’s calling a “virtual hearing” on the proposed water-quality criteria that the agency developed for Washington state. The web-based call-in format is designed to save considerable money, according to Erica Slicy, contact for the event. Given interest across the state, multiple in-person hearings in numerous locations would be needed to accomplish what two phone-in hearings can do, she said.

People will be able to watch the virtual hearing and/or testify by registering on EPA’s website. The event will be recorded and transcribed so that people will be able to review the comments later. Written comments will be taken until Dec. 28.

If the state comes up with proposed water-quality standards, as expected, the EPA could put the federal proposal on hold while the state’s proposal undergoes considerable scrutiny. Meanwhile, I’m sure supporters of the more stringent standards — such as Indian tribes and environmental groups — will continue to be frustrated by more delays.

Puget Sound restoration: two steps forward, one back — or vice versa?

Measuring the progress of Puget Sound restoration is a very difficult thing to do.

Vital signs

Millions of dollars have been spent to restore streams, wetlands, estuaries and shorelines. Millions more have been spent to improve stormwater systems and to clean up contaminated sediments.

At the same time, billions of dollars have been spent by commercial and residential developers in the Puget Sound region. The results are ongoing changes to the landscape and unknown alterations to ecosystems.

In the overall scheme of things, are we taking two steps forward and one step back, or is it two steps back and one step forward?

Gov and Leg

Puget Sound Partnership’s biennial “State of the Sound Report,” released this week, attempts to tell us how things are going in the effort to restore Puget Sound to a healthy condition. Progress is being made in restoring habitat, according to a news release about the report, but “measures for chinook salmon, Southern Resident Killer Whales, herring and other native species show a decline, and local improvements in water quality still don’t add up to improvements at the regional scale.”


“These mixed results are the reality of working in a complex ecosystem that is under tremendous pressures right now,” said Sheida Sahandy, the partnership’s executive director. “It’s why we need to make smart, timely investments in our partners’ hard work to restore and protect habitat, prevent stormwater pollution and reopen shellfish beds,”

Puget Sound Partnership has developed 37 ecosystem indicators for tracking progress. They are organized under 21 categories called the Puget Sound “vital signs.” If you want understand the latest information, you must look to the new “Report on the Puget Sound Vital Signs (PDF 9.9 mb).

Key findings, as reported in the news release:

  • Four indicators are meeting — or nearly meeting — regionally identified targets, including those related to inventorying septic systems, slowing forest loss, and two measurements showing improvements in the quality of marine sediment.
  • All indicators for habitat restoration are making incremental progress.
  • None of the indicators for species or food-web health are making progress.
  • While there has been local-level progress in some indicators, the results do not add up to regional progress. For example, while marine water quality is relatively good in some bays (making them safe for harvesting shellfish and for swimming), other bays have very poor water quality and are not meeting standards.

Pulse logo

I believe these vital signs can help us understand the functions of the Puget Sound ecosystem and give us an idea about the progress in restoration. I even used them as a broad outline for my two-year investigation into the health of Puget Sound and the species found in the region. If you haven’t done so, I urge you to take a look at the series, “Taking the Pulse of Puget Sound.”

At the same time, these 37 indicators often fail to capture many of the nuances of Puget Sound health, such as species distribution, population dynamics and primary productivity — all aspects of ecosystem health.

A pod of Southern Resident orcas travels south past Point No Point in North Kitsap early this afternoon. Typically, the three Southern Resident pods move into Central and South Puget Sound to hunt for chum salmon in October, but this year they have stayed away until now. Photo: Meegan Reid, Kitsap Sun
Southern Residents in Puget Sound
Photo: Meegan Reid, Kitsap Sun

Southern Resident killer whales, for example, are now fewer than when the ecosystem indicators were approved. That could be related to the number of chinook salmon — the orca’s primary prey — which also are in decline. But what are the problems facing the chinook? Lack of spawning habitat? Increased predation by seals and other marine mammals? Not enough forage fish, such as herring, surf smelt and sand lance? In turn, what is limiting the growth of the forage fish populations? The amount or right type of plankton to eat, spawning habitat, predation, or something else?

It is often said that the ongoing development of Puget Sound is damaging the ecosystem faster than it is being restored. But I have not seen convincing evidence to show which way things are going. The vital signs indicators are not adequate to answer this question. Lagging indicators — especially population counts — don’t tell the whole story. But one thing is certain: Without the investment we have all made in Puget Sound restoration, conditions would be far worse than they are today.

Over the past few years, the Puget Sound Partnership is getting better at establishing priorities that will make the most difference. But it is still mind-boggling to think of the number of places that have been degraded over 150 years of development, all needing work to bring things back to a functioning part of the Puget Sound ecosystem.

Getting the priorities right and getting everyone working together is an enormous challenge. Coordination must involve federal, state, tribal and local governments, private businesses and conservation groups. That was why the Legislature created the Puget Sound Partnership and issued a special mandate. It seems to me that the people leading the restoration effort understand their responsibility.

It was nice to see a recognition of this coordination problem by U.S. Reps. Derek Kilmer and Denny Heck, who introduced the Save Our Sound Act, designed to coordinate federal actions with those of the Puget Sound Partnership, which tries to involve all segments of society. This SOS bill is now supported by all of Washington state’s congressional delegation. Check out a summary of the bill on Heck’s congressional website; read the story by Tristan Baurick in the Kitsap Sun; or review the op-ed piece by Heck and Kilmer in The News Tribune.

The role of local governments in the restoration effort cannot be over-stated. As restoration continues, damage from ongoing development must be limited. Concepts of “no net loss” and “best-management practices” are important — but the key is to locate development where it will do the least ecosystem damage, then use construction techniques that will cause the least disruption of ecological functions.

Jenifer McIntyre studies the effects of stormwater at the Washington State University Puyallup Research & Extension Center. Photo: Meegan Reid, Kitsap Sun
Jenifer McIntyre studies the effects of stormwater at the Washington State University Puyallup Research & Extension Center. // Photo: Meegan Reid, Kitsap Sun

Breakthroughs in scientific understanding and new solutions to old problems can make a big difference. Jen McIntyre of Washington State University finally published her findings about the effects of stormwater on coho salmon. More importantly, she and her colleagues revealed how to solve the problem by filtering the stormwater through compost — or essentially the natural material found on the forest floor. The study was published in the Journal of Applied Ecology (PDF 338 kb).

I’ve talked about these findings several times in the past, including an expanded story about stormwater in the “Pulse” series in July of last year. For stories written since the report was published, see Tristan Baurick’s piece in the Kitsap Sun or Sandi Doughton’s story in the Seattle Times or the news release by the National Oceanic and Atmospheric Administration.

Development regulations by local government have always been a weak link in the effort to restore Puget Sound. I have been discouraged by the lack of progress in some cities and counties. In the face of uncertain science, it has been too easy for local officials to do the minimum required by state government then turn around and blame the state when local residents complain about the higher costs of development.

On the other hand, I am encouraged that more and more local officials are taking scientific studies to heart, learning how to judge scientific uncertainty and taking actions to help save the ecosystem. Stormwater regulations have been a bitter pill to swallow for many local officials, but creative approaches, such as I described in the “Pulse” series could be one of the best things that local government can do. Another major role of local government is to protect and restore shorelines, about which I will have more to say in the near future. (“Water Ways, Aug. 15, 20115.)

Overall, when I see the beauty of Puget Sound and consider the combined energy of thousands of people who really care about this waterway, I can’t help but remain optimistic that the effort to save Puget Sound is on the right track.

Drones may address mystery of early deaths in killer whale calves

Being able to measure a killer whale’s girth and observe its overall condition without disturbing the animal is an important advancement in orca research.

By running a small hexacopter, also known as a drone, at a safe level over all 81 Southern Resident killer whales last month, researchers came to the conclusion that most of the orcas were in a healthy condition. Seven whales were picked out for further observation, including a few suspected of being pregnant.

I was especially intrigued by the idea that researchers could track the progress of a pregnancy. It has been long suspected that the first calf born to a young female orca often dies. A possible reason is that the calf receives a dangerous load of toxic chemicals from its mother. With this “offloading” of toxic chemicals from mother to first calf, later offspring receive lesser amounts of the chemicals.

Miscarriages and even births often go unnoticed, especially in the winter when the whales travel in the ocean far from human observation. If the young ones do not survive until their pod returns to Puget Sound, we may never know that a young whale was lost. Now, this remotely operated hexacopter may provide before and after pictures of a pregnant female, offering evidence when something goes wrong with a calf.

Images of the whales can be combined with skin biopsies and fecal samples collected by boat to provide a larger picture of the health of individual whales and the overall population.

Images of the whales collected this fall can be compared to those collected by conventional helicopter in 2008 and 2013 to assess any changes in the animals. Because of the noise and prop wash of a conventional helicopter, pilots must stay at a higher elevation to keep from disturbing the whales. There seems to be general agreement that drones are the way to go.

John Durban of NOAA Fisheries, who piloted the drone on 115 flights over the Southern Residents, said he was encouraged that their overall condition appeared better than in the past few years.

“Most individuals appear to be fairly robust this year, which is good news, but it’s also very important baseline information to have if the next few years turn out to be difficult for salmon and their predators,” Durban said in a news release.

Ken Balcomb of the Center for Whale Research has a somewhat different take on this new tool. The high rate of miscarriages and neonate deaths have long been known, Ken told me in an email. It is the only way that they are able to control their population within the carrying capacity of their food supply.

“I am more excited about five whales being born and surviving since last December than I am about an unproven morphometric surmise that additional whales are in some stage of a seventeen-month pregnancy,” he said. “It is not wise to ‘count your chickens before they hatch,’ as the saying goes.”

The goal should be to recover the population, Ken said. When it comes to recovering salmon and killer whales, resource management has been a dismal failure. His suggestion: Remove the Snake River dams and allow the salmon numbers to rebuild naturally while fixing Canada’s Fraser River.

“With climate change well underway,” Ken wrote, “we cannot fritter away golden opportunities to restore viability in what little is left of a natural world in the Pacific Northwest while counting unborn whales.”

Other aspects of this new effort involving the hexacopter were well covered by news reporters this week. Check out the list below. The new video with John Durban and NOAA’s science writer Rich Press can be seen above. Last month, I provided other information and links about the new tool. See Water Ways Sept. 9.

Recent news coverage:

Gov. Inslee yields on cancer risk, pushes new water-quality plan

Gov. Jay Inslee has given in to critics who argued that the state’s updated water-quality standards should not increase the cancer-risk rate for people who eat a lot of fish.

But it appears that a new state proposal, to be made public by early next year, is not likely to satisfy tribal and environmental groups striving for the most stringent water-quality standards, such as those in effect in Oregon.

The Environmental Protection Agency has proposed standards that could be imposed on Washington state, but the agency has committed to holding off if the state comes up with acceptable standards.

In a statement issued today, the governor said he has been pressed to develop a state rule and not let the EPA have the final say:

“My goal all along has been to update Washington’s clean water rule with one that assures the health of Washington’s people, fish and economy. The number one thing I hear over and over when talking with people is how critical it is that we maintain control over creation of this rule to ensure that we’re protecting human health while providing businesses and local governments sensible tools to comply with the stricter standards.”

Efforts to update the state’s water-quality standards have been the focus of a confusing debate for the past several years. The goal of protecting human health has sometimes been forgotten, as I tried to point out in a two-part series published in March in the Kitsap Sun.

Anticipating where this issue is headed, I’m watching three key issues:

1. The formula used to establish the water-quality criteria

Numerical concentrations are established in a mathematical formula applied to about 100 priority pollutants. The first debate was over the fish-consumption rate, or the daily amount of fish that a person might eat. It was generally agreed that the current rate of 6 grams (0.21 ounce) a day was ridiculously low and should be raised to 175 grams (6 ounces) a day.

To balance the effect of that 29-fold increase, Inslee proposed increasing the cancer risk rate from 1 in a million to 1 in 100,000 — a rate approved by the EPA in some states and allowed by EPA guidance. Inslee also included a “no-backsliding” provision, so that none of the current standards would be relaxed (except for arsenic). The EPA has made it clear that 1 in 100,000 was not acceptable, so Inslee consented to go back to the current rate of 1 in a million.

It is important to understand that the formula includes other factors that affect the allowable chemical concentrations. One is the “relative source contribution,” for non-cancer-causing chemicals. The RSC considers how much chemical exposure a person gets from water and fish consumption versus other exposure pathways, such as through the lungs and skin. EPA’s RSC is generally five times lower than the state’s proposal, which means the state would allow a chemical concentration five times higher than EPA. The state intends to stick to its previously proposed RSC, according to Ecology’s Kelly Susewind, a water policy adviser.

The state also uses a bioconcentration factor, which considers the uptake of a chemical from water, whereas EPA uses a bioaccumulation factor, which considers the uptake from all sources. The EPA method produces a more stringent standard.

The state and EPA now seem consistent on most other factors, including body weight, drinking water consumption and toxicity factors, but those two inconsistent factors will make EPA’s proposed standards more stringent than the state’s.

2. Implementation tools

The water quality standards are used as a starting point for issuing permits for discharges from point sources of pollution, such as industrial and sewage-treatment outfalls. Special consideration can be given when proven technology is not available to meet the approved standards.

When the standards cannot be met with reasonable approaches, the state may approve a variance to either reduce the requirements or allow a long time for compliance. A “compliance schedule” is another tool that allows a more limited time for a facility to meet the standards.

Another implementation tool that could be approved is the intake credit. This could be used when a facility draws water from a specific water body and returns its wastewater to the same location. The idea is that a discharger should not be required to make the wastewater cleaner than the waters it is going back into.

3. The problem chemicals: PCBs, mercury and arsenic

The state proposes keeping the current water-quality standards for polychlorinated biphenyls and mercury, which come from many sources other that discharges from pipes. Mercury, for example, can be released into the air by coal-fired power plants, travel across the ocean and become deposited into local waterways. PCBs, which are widespread through the food web, can come from unregulated stormwater and sediments deposited years ago.

Arsenic, on the other hand, can occur naturally in levels higher than what would be allowed under water-quality standards calculated in the normal way. The state proposes to set the water-quality standard for arsenic at the level allowed for drinking water.

For these problem chemicals, Inslee said dischargers cannot reasonably be held accountable for chemical levels beyond their control.

Cleaning up the rest

Going into this year’s legislative session, Inslee proposed a bill to go after the worst nonpoint pollution in concert with newly proposed cleanup standards. The legislation included a process and funding for conducting chemical investigations and developing chemical action plans, but it failed to pass the Legislature.

Since then, the EPA released its own rule with the proviso that it would consider another state proposal if one is submitted before EPA completes its review process.

Inslee said he is still concerned that the new clean water standards address only limited pollutants, and in many cases not even the right ones.

“The proposed rule only regulates 96 chemicals, yet there are hundreds of toxics that come from everyday products,” he said. “The toxics package we sent to the Legislature would have helped us take a hard run at those to make a much more meaningful difference in making our water safer and healthier.”

Tribal and environmental concerns

Tribal and environmental officials were skeptical of the governor’s latest approach.

“Tribes were pleased to hear today that Gov. Inslee now supports maintaining the current state cancer risk rate to protect us all from toxins in our state’s waters,” said Lorraine Loomis, chairwoman of the Northwest Indian Fisheries Commission.

Tribes remain concerned, however, that Inslee’s proposed standards will not be as protective as the EPA’s.

“We believe that the EPA’s proposed standards are based on the best available science and offer strong protection in a timely manner,” Loomis said. “We expect state standards to be measured against the bar that EPA has set.”

Chris Wilke, executive director of Puget Soundkeeper Alliance, said his concern is that Ecology’s approach won’t result in any meaningful efforts to clean up the state’s waterways.

“Ecology must not return to its earlier failed approach of giving the appearance of protection while riddling the rule with loopholes,” Wilke said in a preopared statement. “Governor Inslee must do everything possible to protect the most vulnerable from the devastating effects of neurotoxins such as mercury and other harmful chemicals.”

Duwamish swim over, Mark Powell finds ‘the heart of the Duwamish’

Mark Powell made it, completing his swim today of the entire Duwamish River, with the exception of some whitewater rapids upstream and a stretch of the river through Tacoma’s protected watershed. For background, see Water Ways, Aug. 22.

During his remarks after climbing out of the water in Elliott Bay, Mark said he had concluded along the way that “the heart of the Duwamish River … is still beating”:

“I started out with the idea that I would hope to find the heart of the Duwamish River, and I think I succeeded. One thing I saw stands out above all else, and to me it is the heart of the Duwamish River. I saw thousands of wild pink salmon swimming up the Duwamish and the Green River.

“There’s a huge run of pink salmon this year. I don’t know how many people in Seattle know about it. Schools of salmon so thick and so close that I reached out and touched the salmon with my hand. I have never seen so many salmon except in videos taken in Alaska.

“That’s not to say everything is fine on the Duwamish River. There are some other species of salmon not doing so well. There are some very well known pollution problems. But the thriving, healthy wild pink salmon run to me is the heart of the Duwamish River. The heart is still beating.”

The first video on this page shows the final leg of Mark’s journey through the industrial Duwamish Waterway, a journey that began where the Green River begins as a trickle south of Snoqualmie Pass high in the Cascade Mountains.

The second video gives us a view of the pink salmon that Mark raved was the “heart of the Duwamish.” Mark talks about the overall journey in a video he posted on the “Swim Duwamish” blog.

For more detail, check out stories by Tristan Baurick in the Kitsap Sun and Lynda Mapes in the Seattle Times.

Swimming a river called Green/Duwamish to open our eyes to the promise

By swimming the entire Green/Duwamish River in King County, Mark Powell hopes to show that the river’s full length — roughly 85 miles from the mountains to Puget Sound — is a single system worthy of protection and restoration.

I believe that most people have heard about the Duwamish Waterway in Seattle, a channelized, industrialized section of the lower Duwamish River where decades of pollution are being cleaned up, one step at a time. But how much does anyone know about the upper end of the river, which begins as a trickle of crystal clear water in the Cascade Mountains south of Snoqualmie Pass?

Mark Powell
Mark Powell

“Almost nobody knows the river well, not even the people who live along the river,” Mark told me.

Mark, the Puget Sound Program director for Washington Environmental Council. said the idea of swimming the entire river came to him during the kickoff of a new Green/Duwamish Watershed Strategy by King County and Seattle. The plan is to identify all the significant problems in the watershed (map, PDF 1.1 mb) and to increase restoration efforts where needed.

“I thought this would be an interesting way to connect with people,” Mark said. “I’m a guy who likes to get outdoors, so this is a personal commitment I could make.”

Mark swam around Bainbridge Island in the winter of 2008-09. ““By swimming the whole coastline, I’m not just diving to the pretty spots. I’m forced to look at the gross parts,” he told reporter Michelle Ma in a story for the Seattle Times.

So far, Mark has been swimming the upper and middle portions of the Green/Duwamish River. He said his biggest surprise is finding pockets of good habitat everywhere he goes.

Earlier this month, he was accompanied on the river by Sheida Sahandy, executive director of the Puget Sound Partnership, and Martha Kongsgaard, chairwoman of the partnership’s Leadership Council. A few days before they swam the river near Auburn, the Leadership Council approved new “vitals signs” indicators for “human health” and “human well-being” to emphasize the human connection to the Puget Sound ecosystem. See “Water Ways” July 30.

The human connection was still on Sheida’s mind when I talked to her about a week after her trip to the Green River. The most “eye-opening” part of the swim for her was the condition of “this incredibly beautiful natural element coursing through a very urban landscape.”

She saw evidence of people living along the river in less-than-desirable conditions, she said. There were barbecues and trailer houses but no suggestion that people had any connection to the river — except that some individuals apparently were using it as a toilet, she said.

“I haven’t quite wrapped my head around that, but it feels very right that we are considering human well-being,” she explained. “On the one hand is what we have done to the river. On the other hand is what we have done to ourselves. We need to figure out how it all links together.”

Mark’s adventures on the river are chronicled in a blog called “Swim Duwamish.” He hopes to swim every section of the river where he is allowed to go and be safe. A portion of the Green River controlled by the city of Tacoma has no public access, because it is a source of the city’s water supply. Rapids in the Green River Gorge are said to be dangerous, so Mark will look for a guide to help him. And because of heavy marine traffic in the Duwamish Waterway, he may use a boat to escort him on his approach to Seattle’s Elliott Bay.

The Green/Duwamish River may be the most disjointed river in Puget Sound, both physically and psychologically. People who have seen the industrialized lower river find it hard to visualize the near-pristine salmon stream spilling clean water down from the mountains. It is the upper part that provides the inspiration to clean up the lower part, Mark told me.

“If there was a reason for sacrificing a river, you could find it in the Duwamish,” he said. “But we can’t afford to sacrifice even one river. To me, this is what protecting Puget Sound is all about. By the time the pollution gets to Puget Sound it is too late.”

If salmon can make it through the gauntlet in the lower river, they may have a fighting chance to spawn and produce a new generation of Green River fish. Improving their migration corridor is not an impossible dream.

I suggested to Mark that the name of the river be officially changed to “Green/Duwamish” or “Green-Duwamish” to help people recognize that this is a single river from the mountains to Puget Sound. After all, the name “Salish Sea” has helped some people realize that we share an inland waterway with Canadians. The other name-change option would be to call it Duwamish all the way.

Until I started reading about the Duwamish, I didn’t realize how this river once captured water from the Black River and the White River as well as the Green River and the Cedar River. But the system has changed drastically over the past century or so.


As you can see in the map on this page, the Green River once joined the White River and flowed north, picking up waters from the Black River. The Black River, which took drainage from Lake Washington, picked up water from the Cedar River.

Where the Black River merged with the White River, it became the Duwamish all the way to Puget Sound.

Two major events changed the rivers’ flow and subsequently the nomenclature. In 1906, a flood diverted the White River to the south into the channel of the Stuck River, which flowed into the Puyallup River. Shortly after that, the White River was artificially confined to keep it flowing south. Because the river flowing north contained water only from the Green River, the name “White” was changed to “Green” downstream to where the Duwamish began.

The other big event was the construction of the Lake Washington Ship Canal in 1917 to connect the lake with Puget Sound. The construction lowered the lake by more than 8 feet, with the lake level controlled by the Hiram M. Chittenden Locks. The Black River, which had taken the discharge flow from Lake Washington before construction, then dried up. The Cedar River, which had flowed into the Black River, was diverted into the lake.

Following those changes, the Green River and the Duwamish became essentially the same river, with the total flow perhaps one-third as much as it had been before the changes. If you are interested in this history and other geological forces at work in the area, check out the 1970 report by the U.S. Geological Survey (PDF 53.1 mb).

Manchester sewer plant leads the pack with another perfect score

A record number of sewage-treatment plants in Washington state fully complied with state water-quality requirements in 2014, with 128 plants winning the coveted Outstanding Performance Award from the Department of Ecology.

The number of sewage-treatment plants recognized for meeting all water-quality requirements grew from 14 to 127 over the past 20 years.
The number of sewage-treatment plants recognized for meeting all water-quality requirements grew from 14 in 1995 to 128 last year.

The awards program has reached its 20th year, and the Manchester Wastewater Treatment Plant in South Kitsap remains ahead of the pack. It’s the only plant with a perfect score every year since the program began.

In the first year of Ecology’s awards program, only 14 plants across the state were recognized as doing everything right, but that number has grown nearly every year.

Last year, 128 winning treatment plants — more than a third of all the plants in the state — passed every environmental test, analyzed every required sample, turned in all reports and allowed no permit violations.

“The talents of our professional operators are critical to successful plant operations and protecting the health of Washington’s waters”, said Heather Bartlett, manager of Ecology’s Water Quality Program, in a news release. “It is an honor to recognize their contributions with these awards.”

Kitsap County officials are rightly proud of the perfect record. Five years ago, in an article in Treatment Plant Operator magazine, lead operator Don Johnson said the success of the Manchester plant could be credited to the dedicated wastewater staff and support from all levels of county government. Don, who retired last year, has been replaced by Ken Young.

The magazine article may tell you more than you want to know about the design and operation of the Manchester plant. The plant was a modern facility when Ecology’s awards program was launched 20 years ago, and it has been kept up to date through the years.

Johnson stressed that treatment-plant operators should always be prepared for new developments.

“My advice is for them to remain adaptable and up to date,” he said. “There are many changes in the industry, and it’s important to pursue energy efficiency and create reusable resources.”

Reaching the 20-year mark deserves some kind of celebration for the Manchester plant. I would suggest organized tours of the facility, public recognition for all the plant workers through the years and maybe a slice of cake. So far, I’m told, no specific plans have been made.

A list of all the treatment plants in the state showing a history of their perfect scores (PDF 464 kb) can be downloaded from Ecology’s website.

Port Townsend’s treatment plant has had a perfect score for 19 of the 20 years, missing only 1997. Meeting the perfect standard for 16 of the past 20 years are two plants owned by the city of Vancouver — Marine Park and Westside.

Kitsap County’s Kingston plant has received the award for nine straight years. The county’s Suquamish plant, which is regulated by the Environmental Protection agency because it is on tribal land, has met all permit requirement for 15 years straight. (EPA does not issue awards.)

Amusing Monday: Art students create unified environmental message

A selected group of art students has created a unique collection of posters, videos, illustrations and a mural to deliver a coordinated message about protecting water quality and salmon habitat.

The project, supported with a grant from NOAA Fisheries, involved students from the Pacific Northwest College of Art in Portland. The art students have been producing various elements of the projects over the past year.

Animation student Beryl Allee teamed up with illustrator Grace Murphy to produce a potential media campaign called “Citizen in the Watershed,” focusing on how human damage to the ecosystem eventually comes back to harm humans. The first video on this page is called “Littering.” Two other videos, one dealing with yard care and the other with driveway runoff, can be viewed on NOAA’s website “NOAA 2015 Science in the Studio Award” or on Beryl’s Vimeo’s website.

An illustration to accompany public-outreach information about household products has been completed, with two more to be done before the end of August. See NOAA’s website.

Read about the two artists Beryl Allee and Grace Murphy.

Mural by Esteban Camacho Steffensen Image: NOAA Fisheries
Mural by Esteban Camacho Steffensen
Image: NOAA Fisheries

A mural design produced by PNCA graduate Esteban Camacho Steffensen depicts examples of human alterations to the landscape comingled with images of the natural ecosystem. These images are all wrapped together inside an outline of a chinook salmon — a key symbol of the natural Northwest.

The mural design can be printed on posters or painted on the wall of a building with instructions provided by the artist. The idea is that human activities cannot be separated from natural systems but that people can make choices to reduce their impacts. Read about the artist and his work on NOAA’s website.

Poster by Stephanie Fogel Image: NOAA Fisheries
Poster by Stephanie Fogel
Image: NOAA Fisheries

Interdisciplinary artist Stephanie Fogel created a poster to encourage people to properly dispose of medicines. The design features a salmon surrounded by pills, and the message can be customized for Washington, Oregon or California with specific information about disposing of pharmaceuticals. Read more about Stephanie J. Fogel.

The final video, below, was completed last year by Beryl Allee, who created the interesting illustrations, and John Summerson, who helped with animation and managed the sound design. The video helps people understand just one way that fish can be affected by hard armoring, such as bulkheads, constructed to protect shorelines from erosion. How the video was produced and other information can be found on NOAA’s website, “Bridging art with science to protect salmon habitat.”

Inslee backs off water-quality standards; his next move is unclear

With a key deadline approaching next week, Gov. Jay Inslee decided today that he will not move forward on new water-quality standards at this time.

The governor had hoped that the Legislature would approve his plan to track down and eliminate sources of nonpoint pollution, the kind that often gets into our waterways via stormwater. The Democratic-controlled House approved a revised proposal for chemical action plans (HB 1472), which Inslee said he could support. But, in the end, the Republican-controlled Senate failed to act on the bill.


“Without this legislation, we lack the necessary broad approach to protecting our water in a way that advances human, environmental and economic health,” Inslee said in a news release issued today. “The lack of legislative action is disappointing and forces us to reassess our approach.”

Environmental advocates and tribal officials have called for stronger water-quality standards. Such standards, if approved, could require industrial facilities and sewage-treatment plants to extensively upgrade their systems to remove more pollutants from their effluent.

Inslee and his supporters have argued that many of the pollutants of greatest concern don’t come from industrial and municipal discharges. Rather they come from “the small-but-steady release of chemicals in everyday products – brakes on vehicles, flame retardants in furniture, softeners in plastics, and metals in roofing materials,” according to the news release.

That’s why Inslee has pushed for the more comprehensive approach of dealing with the most troublesome chemicals, many of which are not even regulated under the federal Clean Water Act. (Inslee news release, July 9, 2014.)

Water-quality standards actually apply to streams and bodies of water. Comparing results from water samples with numerical standards tells us whether the waters are polluted or clean enough to protect public health. The numerical standards become a starting point for permitting any discharge through pipes, although stormwater pipes are generally not regulated.

I have followed this story now for quite some time. The latest related post two weeks ago in Water Ways covers the overall issue and includes links to previous stories.

It isn’t clear what the next move will be. The news release says the governor has “directed the state Department of Ecology to reconsider its draft clean water rules while he and the agency assess options on how best to assure protection for the health of Washington’s people, fish and economy.”

Meanwhile, the Environmental Protection Agency is developing new standards for Washington state. If the state fails to act or fails to protect public health, as determined by the EPA, then the federal agency could impose its standards on the state. Proposed EPA standards, like state standards, must undergo a rigorous review, including public comments and probably public hearings.

Mark MacIntyre, EPA spokesman, issued a statement today in response to Inslee’s decision:

“We believe it’s important to have human health criteria in place that are protective for everybody in Washington, including high consumers of fish such as members of tribal communities. In terms of who writes the standards, EPA continues to prefer and support Washington’s development of revised water quality standards that we can approve. In the meantime, we are proceeding consistent with our commitment to work on a federal proposal for Washington, but will pause that work to review and act upon a state submittal, should we receive one.”

Washington Department of Ecology, which enforces the Clean Water Act for Washington state, was planning to approve the new standards by next Thursday. But under Inslee’s latest order that will not happen. If the rule is revised, it must undergo a new public review process.

More than 1,600 comments were received on the proposed standards, which are not likely to be approved in their current form. Most of the comments related to the higher cancer risk level chosen by Ecology and the governor. Cancer risk is one factor in calculating the water-quality standards, along with a fish-consumption rate, chemical-toxicity factor and others.

Inslee to decide whether to revise water-pollution standards for the state

Identifying and eliminating sources of water pollution — a process involving “chemical action plans” — is a common-sense idea that never faced much opposition among legislators.


But the Legislature’s failure to act on the idea this year cut the legs out from under Gov. Jay Inslee’s anti-pollution plan, which included updated water-quality standards along with authority to study and ban harmful chemicals when alternatives are available.

Although chemical action plans make a lot of sense, the idea of coupling such planning to water-quality standards never quite gelled. Inslee argued that water-quality standards alone would not solve the pollution problem, because the standards address only a limited number of chemicals.

Furthermore, while the water-quality standards define an acceptable level of pollution for a body of water, they are limited in their regulatory control. The standards generally limit discharges only from industrial processes and sewage-treatment plants. In today’s world, stormwater delivers most of the pollution. Legal limits for stormwater discharges are nonexistent, except in rare cases where a toxic-cleanup plan has been established.

Environmentalists and tribal leaders were disappointed with the governor’s proposed water-quality standards. They believed he should be calling for much more stringent standards. While most people liked the idea of an ongoing program of chemical action planning, the governor received limited support for his legislation, House Bill 1472, among environmental and tribal communities.


We can’t forget that Inslee had publicly stated that if the Legislature failed to act on his full pollution-cleanup program, he would revisit the water-quality standards — presumably to make them stronger. So the governor kind of boxed himself in, and that’s where we stand today.

Republican legislators acknowledged the value of chemical action plans. Their concerns seemed to center around a distrust of the Department of Ecology, reflecting the views of the chemical industry and others who could find themselves under greater regulatory control.

The House stripped out a provision in the bill that would allow Ecology to ban chemicals without legislative approval. And the key committee in the Senate — the Energy, Environment and Telecommunications Committee — went further by limiting Ecology’s ability to study safer chemicals when a ban is under consideration.

The governor ultimately shifted his support away from the bill that emerged from the committee, as I described in a story I wrote in April for InvestigateWest. The bill never made it to the floor of the Senate, and it ultimately died, along with funding for a wider range of chemical action plans.

“Not only did we not get additional policy help, but we also didn’t get funding to implement the chemical action plans that were already done,” noted Rob Duff, the governor’s environmental policy adviser.

In all, about $3.8 million for toxic cleanup efforts was cancelled along with the legislation.

Plans have been developed to reduce toxic releases of five classes of persistent, bioaccumulative toxics, or PBTs, including polychlorinated biphenyls and mercury. But carrying through on cleanup ideas spelled out in those plans has been slow without targeted funding, and many toxic chemicals of concern, such as pharmaceuticals, are not considered PBTs.

“We aren’t going to throw up our hands,” Rob told me. “Under the PBT rule, we can do PBTs. We will continue to push toward source reduction, although we did not get additional authority from the Legislature.”

Educational programs and voluntary efforts by industry remain in play, pending a further try at legislation next session. Meanwhile, the governor will review the proposed water quality standards, according to Duff.

Rule note

“We will put everything on the table and see what is the best path forward,” he said. “We will have the governor briefed and the necessary discussions over the next two weeks.”

The governor’s proposed water-quality standards have gone through public hearings and must be approved by Aug. 3, or else the process must start over.

Meanwhile, the Environmental Protection Agency is developing its own water-quality rule, which could impose stronger standards upon the state. Water-quality standards, which are a concentration of chemicals in the water, are based on a formula that accounts for how each chemical is assimilated through the food web and into the human body.

One factor involves how much contaminated fish a person is likely to eat. For years, states across the country have used the same fish-consumption rate of 6.5 grams a day, which is less than a quarter of an ounce. This number was long recognized as grossly underestimating the amount of fish that people eat, especially for Northwest residents and even more so for Native Americans who generally consume large quantities of fish.

If adopted, the new water-quality standards would raise the daily fish-consumption rate to 175 grams, or about 6 ounces. If all other factors stayed the same, the new fish consumption rate would raise the safety factor by 27 times. But, as the update moved along, several other factors were amended as well.

Inslee’s proposal was to raise the allowable risk of getting cancer after a lifetime of eating 175 grams of fish each day. The proposal was to increase the risk factor from one case of cancer in a million people to one case among 100,000 people. Inslee included a “no-backsliding” provision, so that the allowable concentration of chemicals would not be increased, no matter what the formula came up with.

Environmental advocates and tribal leaders cried foul over the cancer risk, and Dennis McLerran, regional administrator for the EPA, said he did not want the cancer risk to be increased for any state under his authority.

I covered these issues in a two-part series for the Kitsap Sun:

The EPA expects to have its proposed standards for Washington state ready this fall, possibly November. EPA officials will review the state’s proposal when it is final, but that won’t stop the agency from completing its work, according to a written statement from the EPA regional office.

“We continue to work closely with Governor Inslee’s office and the Washington Department of Ecology to see water quality standards adopted and implemented that protect all residents of the state, as well as tribal members, who regularly and often consume fish as part of a healthy diet,” according to the statement.

Industry officials and sewage-treatment-plant operators have argued that the technology does not exist to meet some of the water-quality standards that would result from a cancer-risk rate of one in a million if the other factors stayed the same. PCBs is one example of a pollutant difficult to control. Besides, they argue, stormwater — not their facilities — is the primary source of PCBs in most cases. That’s why eliminating the original sources of PCBs is so important.

McLerran, who seems to support the more stringent standards, has mentioned that facilities can apply for variances, relaxed compliance schedules or other “implementation tools,” to get around strict numerical standards impossible to meet with today’s technology.

Environmental groups are calling on the governor to tighten up the proposed water-quality standards, rather than let them go into effect, given the Legislature’s failure to approve his overall plan.

“Gov. Inslee must do everything in his power to protect the most vulnerable — babies and children — from the devastating health effects of potent neurotoxins like mercury and carcinogens like PCBs,” stated Chris Wilke, executive director for Puget Soundkeeper.

“Ecology’s draft rule provides only the appearance of new protection while manipulating the math, leaving the actual water quality standards largely unchanged,” he said. “This is simply unacceptable. Without the veil of a new source control package from the Legislature, the Governor’s plan clearly has no clothes.”

Others maintain that the governor has been on the right track all along, and they warn that the state could face lawsuits if it imposes standards that are too strict.

Bruce Hope, a retired toxicologist, wrote a guest editorial for the Seattle Times that included these statements:

“Taking an achievable approach like the one in the Department of Ecology’s draft rule would reduce the risk that municipal wastewater treatment plants or industrial facilities are subject to standards that couldn’t be met…

“Developing the right approach to water-quality protection for Washington will thus require various interests continuing to work together to find common ground.

“Washington’s rules for protecting our waters need to be established by the people elected by Washington voters. The EPA’s Region 10 office should simply not be threatening to circumvent or supersede the standard-setting authority granted to the state under the Clean Water Act.”