Category Archives: Business and industry

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.”

Making amends for mistakes that damaged our natural world

Preservation is cheaper than restoration. If you need proof, one place to look is the Beard’s Cove estuary-restoration project on Hood Canal, about a mile outside of Belfair.

The project, nearing completion, is re-establishing 7.3 acres of saltwater wetlands by excavating and removing about 4,000 dumptruck loads of old fill dirt from an area originally built as a private park for the Beard’s Cove community.

Belfair and Lynch Cove as depicted on this map created in 1884 by the U.S. Office of Coast Survey. Colors were added, and the label “1973 fill area” shows the site of the current restoration. Image: Beard’s Cove restoration file.
Belfair and Lynch Cove as depicted on a map created in 1884 by the U.S. Office of Coast Survey. Colors were added, and the label “1973 fill area” shows the site of the current restoration.
Image: Beard’s Cove restoration file

It is a rare restoration project, because essentially the same dirt used to fill the wetlands in 1973 is being taken out and put back where it came from — across North Shore Road from the development. The cost is estimated at $1.1 million, as reported by Arla Shephard in a story in the Kitsap Sun.

Filling in the salt marsh was part of the development plan for the Beard’s Cove plat, approved by the Mason County commissioners a few years before construction began. The voter-approved Shoreline Management Act and other environmental regulations were just coming on the scene.

Hood Canal Environmental Council, a fledgling group at the time, testified against the Beard’s Cove project. Phil Best, a young lawyer who would later become Kitsap County commissioner, was a founder of that organization.

“We were concerned that this project would set a precedent,” Phil told me. “If you start filling in all these marsh areas, you would be destroying a lot of salmon habitat throughout Hood Canal.”

Although scientists today know much more about the value of estuaries, Phil said there was plenty of evidence at the time about the damage that would be caused by this kind of project. Much of the scientific information was provided by researchers at the University of Washington’s Big Beef Creek Research Station. That facility, near Seabeck in Kitsap County, is still used for salmon research.

In the end, the Beard’s Cove developer prevailed with the county commissioners and the courts, and the fill was dumped into the estuary to create a park. Today, of course, a project like this would not even get off the drawing board.

Aerial photo from 1973 during construction of the Beard’s Cove development, a portion of which was built on fill going out into Hood Canal. Image: Beard’s Cove restoration file.
Aerial photo from 1973 during construction of the Beard’s Cove development, a portion of which was built on fill going out into Hood Canal.
Image: Beard’s Cove restoration file.

“We’re finally getting to where things should be,” Phil said, “but it is unfortunate that we have to spend millions of taxpayer dollars, when the permit for this should have been denied in the first place. There is a lesson to be learned here: It is better to err on the side of caution when it comes to environmental issues.”

For every restoration project we know about, someone could have avoided the cost by not doing the damage in the first place. We must recognize that we are paying for many mistakes made by our forefathers.

At the same time, we must face the fact that — despite all we have learned — we are still doing damage to the ecosystem. Some damage is inevitable, as more development is needed to accommodate a growing population. But we should be as careful as we can, so our descendants don’t have to undo what we have done.

The alternative, of course, is far more dreadful. If we cannot turn the tide on our ecological destruction and find a way to live within the natural world, Puget Sound is doomed to ecological collapse. Future generations might live on a large, sterile pond and wonder what it once was like. They might as well live on the moon.

The 540 or more families who live in the Beard’s Cove Community today had nothing to do with the mistakes that were made. Who could blame them for using the park and swimming pool developed for their use? People who grew up in Beard’s Cove cherish the memories of that park. I would suggest that it is of little value to blame anyone for past mistakes, since society as a whole sanctioned all sorts of activities that we would not allow today.

The Beard’s Cove community should be congratulated for breaking with the past and allowing the restoration to take place. It may be true that the decision was easier after the park fell into disrepair. Someone apparently destroyed the old swimming pool by draining it during an extreme high tide, causing it to “float” up out of the ground — or so the story goes, says Louena “Louie” Yelverton, president of the Beard’s Cove Community Organization.

Louie says the community supports the restoration of the marsh and looks forward to seeing a more natural shoreline.

“it is nice to be part of a restoration project, realizing that this is a small part of a 700-acre project that is going to help salmon,” she said. “As a society, we are starting to learn that we need to give forethought to the future. It might not affect us, but it will be there for our grandkids and future generations. I am glad to be part of this.”

Louie credits Kate Kuhlman of Great Peninsula Conservancy for helping to generate goodwill in the community. Her concerns for the people as well as the steadfast promotion of the science helped get the project to construction. GPC coordinated the grants to get the work done with some land left for community use.

“She has been a trooper through everything,” Louie said. “Now we are going to have a park, and the shoreline is going to be good for salmon. I am super-excited that we are toward the end of this and will get to see what all the hard work has accomplished.”

Wetlands along the North Shore of Hood Canal have been undergoing protection and restoration for 30 years. This is where I chose to write the opening chapter of the book “Hood Canal: Splendor at Risk.”

The Beard’s Cove project, including a permanent conservation easement, fills in the final gap in a full 1.7 miles of unbroken estuarine habitat to be preserved in perpetuity, thanks to GPC and its North Mason predecessor, Hood Canal Land Trust, along with Pacific Northwest Salmon Center, Washington Department of Fish and Wildlife and the North Mason School District.

The project includes the construction of 2,530 feet of newly formed tide channels, 1,200 feet of graveled beach and large woody debris habitat structures.

Marsh areas like this are among the most productive places on the planet, supporting a rich food web that includes salmon species such as Puget Sound chinook, Puget Sound steelhead and Hood Canal summer chum, all listed as “threatened” on the Endangered Species List.

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).

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.

Vital sign indicators revised to reflect human values for Puget Sound

When it comes to restoring the Puget Sound ecosystem, human beings really do matter — in some ways that are obvious and in some ways that are fairly subtle.

The Puget Sound Leadership Council, which oversees the restoration of Puget Sound, acknowledged this fact yesterday when adopting a new set of ecosystem indicators to measure how Puget Sound influences the health and well-being of humans.

It’s often said that people have damaged the Puget Sound ecosystem through years of abuse. They say it will take years of restoration — by people — to return things to a healthy condition. But why do we care? Are we spending millions of dollars on restoration just to benefit fish and wildlife, or are we doing it for ourselves?

The answer, which comes from studies of economics and human behavior, appears to be that helping fish and wildlife — by putting the ecosystem back together — also benefits humans in a variety of ways.

When the Washington Legislature told the Puget Sound Partnership to go forth and lead the way toward restoring Puget Sound to health, our lawmakers understood that people would be the primary beneficiaries. The first two goals assigned to the partnership, as articulated by RCW 90.71.300:

  • A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem;
  • A quality of human life that is sustained by a functioning Puget Sound ecosystem;

The other three goals are related to native species, habitats and water supplies.

Sometimes goals related to human values conflict with goals to restore ecological functions. For example, one cannot build a house on undeveloped land without altering the ecosystem in some negative ways. Sometimes human values are aligned with ecological values, such when we reduce pollution to clean up streams and drinking water. In any case, these new ecosystem indicators will help people understand the tradeoffs and opportunities of various actions.

As I pointed out last month in Water Ways, the Hood Canal Coordinating Council has completed a plan and associated website that highlights connections between human well-being and natural resources in the Hood Canal region. Hood Canal became a pilot project for the indicators approved yesterday for all of Puget Sound. Some of the same folks — including social scientist Kelly Biedenweg of the Puget Sound Institute — were involved in creating nine new “vital signs” with indicators to track human-related changes in the Puget Sound ecosystem.

Unlike the original human health and human well-being indicators adopted in 2010, these new indicators have undergone an extensive review by scientists and other experts to ensure their validity and reliability. That is, these new indicators have real meaning in connecting human beings to the ecological functions of Puget Sound.

In yesterday’s meeting, Martha Kongsgaard, chairwoman of the Leadership Council, said the human dimension is often ignored in favor of empirical science.

“This is a hard thing to do,” she said about developing the new indicators. “This is sort of a brave new world, and I think it is true that we live in this world whether we call it out like this or not.”

Council member Stephanie Solien said she would like to see more discussions about human health and well-being issues — not because they are more important than species and habitats, but because they make connections to average people.

“People are self-interested,” she said. “They care about their health, their family’s health, the health of their communities. The more we can draw those connections to Puget Sound and healthy watersheds, I think we will be more successful in our work around ecosystems and saving species.”

Hear the full discussion on TVW in the video player on this page, and download the resolution and backup documents (PDF 2.9 mb) from the Puget Sound Partnership’s website.

Here are the four new vital signs and associated indicators related to human health:

1. OUTDOOR ACTIVITY: Measured by 1) Percent of swimming beaches meeting bacterial standards (one of the existing indicators), 2) Average hours people spend having fun outdoors, 3) Average hours people spend working outdoors.

2. AIR QUALITY: Indicators to be determined from existing data.

3. LOCAL FOODS: Availability of wild foods, such the ability to catch fish, collect shellfish, harvest plants and hunt for game.

4. DRINKING WATER: Indicators to be determined from information about water systems.

Here are the five new vital signs and associated indicators related to human well-being:

5. ECONOMIC VITALITY: Measured by 1) Value of natural resources produced by industry, including commercial fishing, shellfish harvesting, timber production, agriculture, mining and tourism; 2) Value produced by natural-resource industries compared to gross domestic product of all other industries in the region; 3) Number of jobs in natural-resource industries.

6. CULTURAL WELL-BEING: Percent of residents who feel they are able to maintain traditions associated with the natural environment.

7. GOOD GOVERNANCE: Percentage of people who feel they have 1) the opportunity to influence decisions about Puget Sound, 2) the rights and freedom to make decisions about managing natural resources, 3) trust in local and regional governments to make the right decisions about Puget Sound, 4) been well represented by government leaders, 5) access to information about natural-resource issues.

8. SENSE OF PLACE: Percentage of people who feel: 1) a positive connection to the region, 2) a sense of stewardship for the watershed, 3) a sense of pride about being from Puget Sound.

9. PSYCHOLOGICAL WELL-BEING INDEX: Percentage of people who experience: 1) inspiration from being in nature, 2) reduced stress, calm or relaxation from being in nature, 3) Overall life satisfaction based on criteria in national studies.

A new vital sign wheel will add indicators for human health and well-being. Graphic: Puget Sound Partnership
A new vital sign wheel will add nine indicators for human health and well-being. Two indicators were moved to another area.
Graphic: Puget Sound Partnership

Leadership Council member Jay Manning, former director of the Washington Department of Ecology, said he supports the indicators. His only concern is that some are beyond the control of the Puget Sound Partnership, and some may have nothing to do with people’s connection to Puget Sound.

Jay makes a good point, but the social scientists who developed the indicators stressed that there will be no targets or goals associated with human values. What will be interesting to watch is whether people feel better or worse about the restoration effort as time goes on, and how the leaders choose to respond to any changes in public opinion.

Much of the information that will fit into the new indicators will be the result of phone surveys yet to be conducted. Other information will be teased out of ongoing research studies. The partnership has received funding from the Environmental Protection Agency to hire a consultant to continue work on the human-related indicators until the numbers are finalized.

None of the new information about human health and well-being will be included in the State of Puget Sound report to be issued later this year, according to Kari Stiles, staff scientist for the partnership. But some information could go into the Vital Signs wheel within the next year.

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.”

Federal Land and Water Conservation Fund gets tangled in politics

Two members of the Washington’s congressional delegation — Reps. Derek Kilmer, D-Gig Harbor, and Dave Reichert, R-Auburn — are expressing confidence that the Land and Water Conservation Fund will be reauthorized.

But with so many dollars on the line for conservation purposes, many supporters are growing nervous about when it will happen and what the final bill will look like. After all, what could possibly go wrong in a Congress famous for getting nothing done, with less than 100 days left to go before the law expires?

The Land and Water Conservation Fund is a major source of money for recreation and habitat-protection projects across the country, ranging from building local swimming pools to buying land for national parks. Since 1965, more than 41,000 grants have provided a total of about $4 billion, divided among every state and five U.S. territories. For a list of completed projects in Washington state, check out “50 Years of Success” by the Washington Wildlife and Recreation Coalition.

The Land and Water Conservation Fund receives $900 million a year, about halfway up the lowest line. The short bars show spending, compared to revenues from drilling on the Outer Continental Shelf.
The Land and Water Conservation Fund receives $900 million a year, about halfway up the lowest line. The short bars show spending, compared to revenues from drilling on the Outer Continental Shelf. (Click to enlarge)
Graph:LWCF Coalition

The current law places $900 million a year into the fund, but in recent years only a fraction of that ever gets appropriated — roughly between one-fourth and one-half. If not appropriated, the money disappears into the general Treasury for other spending.

Revenues put into the fund come from royalties paid by energy companies for drilling for oil on the outer continental shelf, so no tax dollars are involved. As President Obama and others have stated, the program allows money coming from the extraction of natural resources to go into protecting natural resources.

In a conference call yesterday, Kilmer recounted how the fund has helped bring businesses to Washington state, as employers look for places with natural beauty and recreational opportunities. He noted that in his previous life he worked for the Pierce County Economic Development Board helping employers site their businesses.

“Just like in real estate, location matters,” Kilmer said. “Access to natural beauty matters. Something our region has is a natural environment that you won’t find anywhere else, and innovators and employers are attracted to the Pacific Northwest.”

Kilmer said it is “hard to overstate the importance” of the Land and Water Conservation Fund. He promised to work hard to have it permanently authorized.

Reichert delivered a similar message, saying he helped gather signatures in support from more than 200 representatives from both parties.

“I want to reassure everyone… we are going to continue to fight this fight back here,” he said. “We think it is absolutely critical to invest in the LWCF … and support public land conservation efforts.”

I did not get a clear picture of how the political battles are shaping up, nor whether reauthorization is likely before the fund expires at the end of September. But we can get some clues from remarks by key leaders in the House and Senate, as well as testimony in public hearings.

At one end of the spectrum, Washington’s Sen. Maria Cantwell has proposed legislation, S. 890, that would not only reauthorize the law but require permanent and dedicated funding at the full amount of authorization. If Congress fails to appropriate the funds, presumably the money would stay in the fund unless redirected to another program.

Separate bills in the Senate and House (S. 338 and H.R. 1814) would not go as far. They would make the fund permanent but would not change the appropriation process. A provision would be added to the law to require that 1.5 percent of the appropriation, up to $10 million, would be set aside for opening up public access to recreation.

In the Senate, an amendment to the Keystone XL pipeline bill, which would do what S. 338 proposes, nearly passed with 59 votes, one vote shy of the required 60 votes to pass in today’s Senate. That is seen as decent support in the Senate, but nobody is predicting what will happen in the House.

Republicans, who are in control of the committees, could shape any bills that they decide to bring to a vote and move to floor.

Rep. Tom McClintock, a Republican from California, chairs the Subcommittee on Federal Lands Oversight of the House Natural Resources Committee.

“This 50-year old act expires in September, offering the 114th Congress an opportunity to thoroughly examine its mission and impacts and to make adjustments accordingly,” McClintock said in a hearing in April on the Land and Water Conservation Fund.

McClintock raised objections about buying more federal land when there is a serious backlog of maintenance projects needed to meet standards for fire prevention, fire suppression, wildlife management and facilities maintenance. Money that goes to states, on the other hand, comes under greater accountability because of the funding match provided at the local level, he said.

The funding is entirely discretionary, he noted, so it is “incumbent upon Congress” to decide whether to support additional funding for the purchase of federal lands.

Similar views were expressed by Alaskan Sen. Lisa Murkowski, Republican chairwoman of the Senate Committee on Energy and Natural Resources.

“I fully support reauthorizing this act, this year, in a way that reflects changing needs and evolving viewpoints about conservation in the 21st century,” Murkowski said during a hearing in April.

“As we look to reauthorize LWCF, I believe that it makes sense to shift the federal focus away from land acquisition, particularly in Western states, toward maintaining and enhancing the accessibility and quality of the resources that we have,” she said. “This is the best way to put our nation’s recreation system on the path of long-term viability.”

She stressed her support for state programs and for increasing public access to federal lands.

In that same hearing, Washington’s Sen. Maria Cantwell, the Democrats’ ranking minority member on the committee, said it is not necessary to choose between maintenance and purchase. Maintenance is already authorized, she said, and Congress decides how much to spend on maintenance.

“Nearly half of the National Park Service’s estimated backlog is attributed to needed repairs for roads and highways within the national parks,” she said. “The single biggest improvement we could make in reducing the maintenance backlog would be to increase the funding level in the transportation bill for park roads.”

The Land and Water Conservation Fund is flexible, she argued. It provides money for states to buy and develop local recreation projects and to protect habitat for endangered species.

The fund also provides money for the Forest Legacy Program to purchase development rights from private timberland owners to keep the property in a forest condition.

On that point, more than 2,100 acres of forestland adjacent to both Green Mountain and Tahuya state forests in Kitsap and Mason counties were protected from development in 2009 with a $3.3 million purchase of development rights from Pope Resources. See Kitsap Sun, Aug. 12, 2009.

In the latest round of funding, an effort is moving forward to protect 20,000 acres of forestland between Shelton and Allyn in Mason County. The plan is to take up to 10 years to buy the development rights from Green Diamond Resource Company, which will continue to manage the land under a federally approved habitat conservation plan.

As for extra money for state projects, Cantwell pointed out that a relatively new program, the Gulf of Mexico Energy Security Act, provides a dedicated source of funding for state grants. Money from drilling in the Gulf of Mexico places up to $125 million a year in the Land and Water Conservation Fund.

In a column published by the Kitsap Sun, Washington State Sen. Christine Rolfes, D-Bainbridge Island, said the Land and Water Conservation Fund is important for protecting public property in every corner of the state, including a land purchase to improve degraded water quality in Lake Quinault near the coast.

Rolfes said she worries that in this “highly charged political climate,” opponents of public lands could block spending from the fund by failing to authorize its renewal.

“If they succeed,” she said, “the loss won’t be abstract — it will be real and immediate.”

The video below, produced by The Nature Conservancy, makes an argument for continuing the purchase and protection of public lands.

Amusing Monday: Verruckt water slide lives up to ‘crazy’ name

It’s been nearly a year since the opening of Verruckt, the world’s tallest water slide, located at Schlitterbahn Waterpark in Kansas City, Kansas.

Numerous videos reveal a thrilling ride, as three people are strapped into a raft and fly down a 60-degree incline from 168 feet up — higher than Niagara Falls — reaching speeds up to 65 miles per hour. The German word “verruckt,” which means crazy or insane, seems to fit, but I’d love to hear from anyone who has gone down this slide.

A year ago, just prior to opening, more than a few people were alarmed by the continuing delays, caused in part by safety concerns. During practice runs, before any person went down the slide, rafts loaded with sandbags kept flying off the slide in dramatic crashes.

A little less water on the slide slowed the speed and kept the rafts more stable. Still, to this day, riders report that they can feel the raft rising off the slide and going into free fall. The first video shows the initial trip taken by any human. On board were park designer Jeff Henry and ride engineer John Schooley.

Schooley admitted to Astead Herndon, reporting for CNN News, that the ride was more than a little nerve-racking.

“It was terrifying,” Schooley said. “It was great fun, but it was actually terrifying.”

Before the ride was finally opened to the public, most of the slide was enclosed with netting as an added precaution. Read “LiveScience” to see how they can make adjustments to the speed and stability.

The feeling of height and speed is shown well in a promotional video for Garmin action cameras (shown in the second video player on this page),

Another good depiction of the wild ride was shown by reporter Matt Gutman of ABC News. He was one of the first regular folks to go down the slide.

Verruckt is listed by Geobeats in the 10th position among the “World’s 10 Most Amazing Water Slides,” shown in the last video on this page. They all look more than a little crazy.

Bremerton takes third place in national water-conservation challenge

UPDATE, June 11, 2015

Bremerton has another winner in the Wyland Foundation’s National Mayor’s Challenge. Teacher Bobbi Busch and her seventh and eighth grades classes at Mountain View Middle School were declared the Northwest regional winner in the Classroom Edition of the challenge.

The 100 or so students in Busch’s three seventh-grade and two eighth-grade classes joined the competition simply by going online, taking the water pledge and listing their teacher.

Busch said she heard about the contest from Bremerton’s Kathleen Cahall during a meeting of science and math teachers. One winner was chosen at random from each region of the country. Thanks to the effort, Busch will receive a $250 gift card for purchasing supplies for her classroom, and the school principal will receive an identical $250 card to buy something for the school.

Bremerton came in third this year in the National Mayor’s Challenge for Water Conservation, a contest that encourages people to take a pledge to save water.

Bremerton 3

Third place is a very good showing, but not as good as the past two years, when Bremerton took the first-place spot in the nation. In 2012 — the first year of the contest — Bremerton came in third as well. That makes Bremerton the only city to place among the top three for its size in all four years of the contest, noted Kathleen Cahall, Bremerton’s water resources manager.

The two cities that exceeded Bremerton’s efforts this year were Ponway, Calif., in first place, and Hot Springs, Ark., in second. Each had more people, by percentage, who took the pledge than those lower on the list. Olympia, which is in the same population category as Bremerton (30,000 to 100,000), came in ninth, not a bad showing at all.

Seattle came in eighth among cities with populations of 600,000 and more. No other cities in Washington state made the list of the top cities.

If Bremerton area residents carry through on their pledges, they will save enough water to fill 24 Olympic-size swimming pools each year, according to a news release from the Wyland Foundation (PDF 360 kb), which sponsors the competition. That’s 15.6 million gallons.

Beyond the water savings, Bremerton area residents agreed to reduce their use of disposable water bottles by 46,424 bottles, according to the report. Other proposed actions could save 495,000 pounds of trash going to the landfills, 138,000 gallons of oil and 75 million pounds of carbon dioxide.

In all, residents from more than 3,900 cities signed more than 391,000 online pledges to save water. As in last year’s contest, residents from the winning cities will be entered into a drawing for more than $50,000 in prizes.

Kathleen Cahall and city employees Lisa Campbell, Teresa Sjostrom and Kelsie Donleycott did a good job getting the word out about this year’s challenge, and many local businesses provided information to their customers. As always, Mayor Patty Lent’s personal involvement and interest in water resources helped generate support for Bremerton’s high standing in the contest.

On a somewhat related topic, state and local water-quality officials have been spreading the word this month about using commercial car washes to recycle washwater from vehicles. The goal is to save water and prevent pollution from going into storm drains that flush into streams and bays.

The 3 million cars in the Central Puget Sound region can contribute nearly 10,000 gallons of gasoline, diesel and motor oil to waterways each year, along with 19,000 pounds of phosphorus and nitrogen, 2,900 pounds of ammonia and 1.4 million pounds of solid waste, according to a news release from the Puget Sound Car Wash Association.

School and other nonprofit groups can sell tickets to car washes — an alternative to holding car washes in parking lots that lack adequate controls for pollution. In Kitsap County, check out the Fundraiser Car Wash Program. One can also contact local car wash operators directly, or view a list of operators in the Puget Sound region that have joined the PSCWA program.

Unwanted chemicals founds in barns, sheds throughout the state

A chemical-waste roundup for farmers was held last week in Spokane by the Washington State Department of Agriculture. More than 1,000 pounds of DDT — a chemical banned in 1972 — were dropped off at the event.

Altogether, more than 25,000 pounds of unwanted insecticides, herbicides, fungicides and rodenticides were collected.

It is a good reminder that lots of chemicals are still being stored in barns, basements and sheds, potentially leaking onto the ground and creating a risk of contamination. Solutions are available for homeowners and all sorts of businesses.


Farmers are encouraged by the WSDA to look for chemicals and contact the agency, which will help with safe and free disposal. For info, check the WSDA website.

Joe Hoffman, WSDA’s waste pesticide coordinator, said in a news release:

“Proper disposal prevents future problems, such as leaks that may contaminate the soil and drinking water or accidental exposure to these old products by people or animals. Some of these old pesticides are highly toxic and you do not want to wait for an accident to happen.”

DDT, short for dichloro-diphenyl-trichloroethane, is a nearly odorless organochloride used mainly to kill insects. In 1962, the book “Silent Spring” by Rachel Carson described how DDT was threatening birds that ate exposed insects. The chemical was banned in the United States for agricultural use but is still licensed for limited purposes.

People who would like to get rid of chemicals stored in their homes can usually rely on local drop-off or round-up programs. Most counties will help people get rid of all sorts of chemicals, from pesticides to auto fluids to cleaning solvents. To connect with local facilities, check the Department of Ecology website.

Kitsap County’s Household Hazardous Waste Facility is one of the few that still takes paint, and it even offers a Swap Shop program for people who would like to pick up some free paint or other products dropped off but still usable.

“The program is going pretty well,” manager Rick Gilbert told me. “People are reasonably familiar with our service. We have a large percentage of residents in the military, so finding us might be a challenge for some.”

The Kitsap County collection facility is located in Olympic View Industrial Park across Highway 3 from Bremerton National Airport. Hours are 10 a.m. to 4 p.m. on Thursday, Friday and Saturday.

After paint, the most common materials dropped off are pesticides, flammable liquids, motor oil, compressed gas and fluorescent lights. In 2014, nearly 700,000 pounds were dropped off at the Kitsap facility — about average for the past five years but about twice as much as dropped off in 2000.

Businesses with small quantities of chemicals can get advice on handling and disposal from experts at the facility, which will take materials for a fee. An appointment is required.

Burned-out fluorescent lights, which by law must be recycled, can be dropped off at more locations than ever as a result of a product-stewardship program called LightCycle Washington. The program is funded with a 25-cent fee added to the cost of all fluorescent lights sold in Washington state. To locate a nearby collection site, visit LightCycle’s interactive webpage.