Category Archives: Tribes

Hood Canal nominated as Sentinel Landscape with ties to military

Hood Canal and its surrounding watershed have been nominated as a Sentinel Landscape, an exclusive designation that recognizes both the natural resource values and the national defense mission of special areas across the country.

USS Henry M. Jackson, a Trident submarine, moves through Hood Canal in February on a return trip to Naval Base Kitsap – Bangor.
U.S. Navy photo by Lt. Cmdr. Michael Smith

If the designation is approved, it will bolster applications for federal funding to protect and restore important habitats and to maintain working forests in and around Hood Canal. Given the uncertain budget for environmental programs under the Trump administration, it wouldn’t hurt to have the Department of Defense supporting the protection of Hood Canal.

The Sentinel Landscapes Partnership involves the U.S. departments of Agriculture, Defense and Interior. The idea is to coordinate the efforts of all three agencies in locations where their priorities overlap, according to the 2016 Report on Sentinel Landscapes (PDF 5.6 mb).

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New videos talk about protecting the ecosystem with tribal treaty rights

Northwest Indian Fisheries Commission this week released two new videos, including one that shows how tribes are using their treaty rights to protect the environment on behalf of all Northwest residents.

The video was released under the commission’s new communications banner, “Northwest Treaty Tribes: Protecting Natural Resources for Everyone.”

The video describes the Lummi Nation’s success in getting the U.S. Army Corps of Engineers to reject the Gateway Pacific Terminal at Cherry Point near Bellingham. If approved, the shipping terminal could have been the transfer point for up to 59 million tons of Montana coal each year. The coal would be transported by train to Cherry Point and onto ships bound for China and other Pacific Rim countries.

The Corps of Engineers halted the permitting process last May, saying the project was too big to be considered de minimis, and it would violate the tribe’s treaty rights to take fish in the usual and accustomed area. See news release.

The video does a nice job of explaining the tribe’s position and the ecological value of fish, including a Cherry Point herring population that has declined so severely that it can no longer support the food web as it once did. Also described well are the cultural values of the Cherry Point site and longtime fishing practices.

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After environmental restoration, quiet has returned to Port Gamble

Twenty-five years ago, I stood and watched as a screaming buzz saw tossed clouds of sawdust into the air while slicing through thick logs of Douglas fir at the Pope & Talbot sawmill in Port Gamble.

Last week, I walked across the vacant site of the old mill, which was torn down years ago. Along the edge of Port Gamble Bay, I could hear nothing but the sound of the wind and an occasional call of a seagull.

Linda Berry-Maraist, restoration manager for Pope Resources, describes the renewed shoreline along Port Gamble Bay. // Photo: Dunagan

I came back to the old mill site to see how things looked following completion of the $20-million-plus cleanup of Port Gamble Bay. Some 111,000 cubic yards of dredge material is now piled up in the middle of the site, an amount roughly equivalent to 10,000 dumptruck loads.

In addition, nearly 8,600 wooden pilings — most imbedded with creosote — were removed and shipped off for disposal, making it one of the largest piling-removal projects in state history. The final number of pilings removed far exceeded original estimates, largely because buried ones kept turning up during the removal work.

“It’s a huge relief to get this done,” said Jon Rose, vice president of Pope Resources who has overseen a decade of planning and cleanup. “It has been very hard on our staff, hard on the town, hard on our financial statements.

“I think we are on the right side of the mountain,” he added. “Look at how incredible the shore looks.”

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More coho salmon are expected, but fishing will remain limited this year

Total returns of coho salmon to Puget Sound this year are expected to be significantly higher than last year, and that should help smooth negotiations between state and tribal salmon managers working to establish this year’s fishing seasons.

But critically low runs of coho to the Skagit and Stillaguamish rivers in Northern Puget Sound could limit fishing opportunities in other areas, as managers try to reduce fishing pressure on coho making their way back to those rivers.

In any case, both state and tribal managers say they are confident that they can avoid the kind of deadlock over coho they found themselves in last year, when a failure to reach agreement delayed sport fishing seasons and threatened to cancel them altogether. See reporter Tristan Baurick’s stories in the Kitsap Sun, May 4 and May 28.

“We’re in a much better situation than we were last year,” Ryan Lothrop, a salmon manager with Washington Department of Fish and Wildlife, told a large gathering of sport and commercial fishermen yesterday in Olympia.

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

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

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

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

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

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

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Looking backward, then forward on actions in Skokomish watershed

Through the years, I’ve written a lot about the Skokomish River, which begins in the Olympic Mountains and flows into the south end of Hood Canal. The wide, productive estuary might be described as the elbow of this long, narrow waterway that bends up toward Belfair.

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I’ve heard it said that Puget Sound cannot be restored to health without a healthy Hood Canal, and Hood Canal cannot be restored to health without a healthy Skokomish River. Whether that is true remains to be seen, but I have no doubt that the Skokomish River watershed is coming out of a dark period of abuse with hope of becoming one of the most productive streams in the region.

Much of the credit for the transformation goes to a group of men and women from a variety of agencies, occupations and ways of life who came together with an understanding of the historic value of the Skokomish River and a vision for what the river could become again. This was the Skokomish Watershed Action Team, or SWAT, which celebrated its 10th anniversary last year.

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To be sure, it was basically loads of money that began to transform the abused Skokomish River watershed to a much more productive system. But the people in charge of the federal, state, local and private dollars were able to see the Skokomish as a worthy cause, thanks to the groundwork laid by the SWAT. Disappointments have been few, as one project after another brings this long lost river back to life.

Yes, I have written a lot about the Skokomish River, its history and its future. That’s why I was glad to see the 10-year update to the Skokomish Watershed Action Plan (download, PDF 113 mb). The document contains an extensive account of the projects completed and the milestones passed through the years. Whether you are intimately involved in the watershed or just want to know what the heck I’m talking about, take a look at the report released this week.

Logjam soon after installation in 2010. Photo: U.S. Forest Service
Logjam soon after installation in 2010.
Photo: U.S. Forest Service

Since 2005, nearly 50 restoration projects were completed — from removal of old logging roads high in the mountains to the re-establishment of tidal channels in the lower estuary. Salmon are being reintroduced to the North Fork of the Skokomish River, including the dammed-up Lake Cushman, thanks to a legal settlement between Tacoma and the Skokomish Tribe.

After establishment, a deep pool forms behind the logjam. Photo: U.S. Forest Service
Later, a deep pool forms behind the jam.
Photo: U.S. Forest Service

About 12 miles upstream in the South Fork of the Skokomish, a series of 30 logjams were installed and almost immediately began to restore the channel to a more natural habitat for fish and other aquatic creatures. This area was part of a four-mile stretch that was heavily logged in the 1950s for a reservoir that never happened.

Once the logjams were in place, the area began to store massive loads of sediment, which always created problems as they washed downstream into the lower river. The river’s characteristic problem of spreading out and slowing down was reversed, as width-to-depth ratios decreased and the average depth in the middle of the river increased by two feet. The number of pools deeper than five feet doubled from three to six, and the piles of wood grew larger by capturing logs floating downstream.

The new report also lays out plans for the watershed in the coming years, including projects identified in a major study by the Army Corps of Engineers. A Corps proposal to fund $20 million in restoration projects is now before Congress, as I described in Water Ways in April and June. Other projects have been proposed for separate funding, as outlined in the new report.

The proper use of crab pots means extra crabs for the dinner plate

“Catch more crab!”

This is a campaign slogan going out to Puget Sound crabbers. It is a positive message, built upon the goals of:

  • Helping people avoid losing their crab pots,
  • Reducing the number of crabs that go to waste, and
  • Increasing the number of crabs available for harvest.

Crab

We’ve talked about the problems of lost crab pots that keep on catching crabs on the bottom of Puget Sound. About 12,000 crab pots are lost each year in Puget Sound, killing an estimated 178,000 legal-sized Dungeness crabs that would otherwise be served up for dinner. In January, I described some simple alterations to crab pots that allow crabs to escape when a pot gets lost. See Water Ways, Jan. 28.

Even more basic, however, are proven techniques that help people select equipment and place their crab pots so they don’t get damaged or lost in the first place.

The Northwest Straits Initiative, authorized by Congress in 1998, has been working on the problem of derelict gear for years, including the retrieval of thousands of lost nets and crab pots from Puget Sound. When it came to enlisting the public’s help in prevention, campaign organizers realized that everyone was on the same side, said Jason Morgan of the nonprofit Northwest Straits Foundation.

Crab2

“We previously focused on the doom and gloom of it, talking about so many crabs killed each year,” Jason told me.

Working with sociologists, campaign organizers realized that “the better way to reach people is not to talk about dead crabs but to say we want you to catch more crabs and keep your crab pots.”

The Northwest Straits Foundation has developed a three-year plan of action, including education for the public; improved communication among crabbers, vessel operators and government officials; and recommendations for improving regulations.

The plan was put together by a working group of 35 people involved in various aspects of crab harvesting, boat traffic and resource protection.

“It was a great collaborative process,” Jason said. “There was no butting of heads or anything like that.”

The “Puget Sound Lost Crab Pot Prevention Plan” (PDF 996 kb) states:

“Crab pots are lost for a variety of reasons. Causes for loss generally fall into three categories:

  • Vessel interaction (both recreational and commercial vessels);
  • Improperly configured gear, including improperly tied knots; and
  • Improperly placed gear.

“All these categories usually include a degree of user error, either on the part of the crabber, or on the part of the boater or vessel operator.”

The plan includes at least 25 strategies for reducing conflicts between vessel traffic and crab pots, reducing tampering and sabotage, improving crabbing equipment and pot configuration, and removing abandoned crab pots during non-crabbing days.

One of the interesting ideas is to require online registration for recreational crab endorsements on fishing licenses. Applicants would take a short quiz to make sure they know the rules.

Rich Childers, shellfish manager for Washington Department of Fish and Wildlife, said the various regulatory proposals in the plan are under advisement. One idea, which has proven effective, is to reduce the size of allowable escape cord (“rot cord”) that opens an escape hatch for the crabs to get out. Studies have shown that approved escape cord takes between 30 and 148 days to disintegrate, and most people use larger cord to last longer.

The time that crabs are trapped and dying on the bottom could be reduced if the rules were changed to require smaller cord. Any rule changes would include a grace period, Childers said, and it would be nice if crabbers could obtain the smaller cord for free.

With crab season underway, a series of videos on the theme “Catch more crab!” couldn’t come at a better time:

A longer video shows how to modify a crab pot to make sure that crabs can escape when a crab pot is lost:

“Modify your crab pot: adding bungee cord & modifying escape ring”

The video below provides basic information for first-time crabbers. Meanwhile, outdoors writer Mark Yuasa offered a nice instructional story last week in the Seattle Times.

To check on crab seasons and legal requirements, visits the Recreational Crab Fishing webpage of the Washington Department of Fish and Wildlife.

Experts agree: Coho fishing must be reduced this year to save species

Fishing seasons for coho salmon in Puget Sound are expected to be cut back severely this year, as the latest forecasts of salmon returns predict that coho runs will be less than a third of what was forecast for 2015.

Salmon managers faced some tough facts recently when they read over results from a computer model used to predict the effects of various fishing scenarios. After they plugged in last year’s fishing seasons and this year’s coho forecast, the computer told them that essentially no fish were left to spawn in Stillaguamish River in northern Puget Sound. Things were hardly better for the Skagit or Snohomish rivers or for streams in the Strait of Juan de Fuca and Hood Canal.

Coho forecast

“With last year’s fisheries, you will catch every fish out there,” said Doug Milward, who manages salmon data for the Washington Department of Fish and Wildlife. “All the fisheries will have to change to protect the Stillaguamish (coho) — from the ocean fisheries to inside (Puget Sound).”

Last year’s fishing seasons are not even a good starting point, as negotiations begin between salmon managers for the Washington Department of Fish and Wildlife and Western Washington tribes. Under federal court rulings, the two sides must agree on fishing seasons, and the goal remains a 50-50 split of the various stocks that can be safely harvested. NOAA Fisheries plays a role in setting seasons for chinook, which are listed as threatened under the Endangered Species Act. Coho are not listed, although some people argue that they should be.

2015 coho returns

By April 14, if things go as planned, the two parties will reach agreement on when and where salmon fishing will take place — for tribal and nontribal, sport and commercial fishers.

“Unfavorable ocean conditions led to fewer coho salmon returning last year than we anticipated,” John Long, salmon fisheries policy lead for WDFW, said in a news release. “We expect to see another down year for coho in 2016 and will likely have to restrict fishing for salmon in a variety of locations to protect wild coho stocks.”

It seems the tribes have a slightly different take on the situation.

2016 coho forecasts

“There likely will be no coho fisheries in Western Washington this year, as returns are expected to plummet even further than last year because of poor ocean survival,” Lorraine Loomis, chairwoman of the Northwest Indian Fisheries Commission, stated in a column published online.

She said that when last year’s coho returns are finally tallied, they may be as much as 80 percent below preseason forecasts. The Nisqually Tribe last year canceled its coho fishery when less than 4,000 of the anticipated 23,000 fish returned to the area, she said.

Tribes fish at the end of the line, after all the other fisheries — from up the West Coast to the inside of Puget Sound. Because the treaties require tribes to fish within their “usual and accustomed areas,” agreements on fishing seasons must allow for salmon to return to their natal streams with numbers large enough for tribes to take their share, Lorraine said.

“Every year we must wait and hope that enough fish return to feed our families and culture,” she said. “Faced with low catch rates last year, however, most tribal coho fisheries were sharply reduced or closed early to protect the resource. The state, however, expanded sport harvest in mixed stock areas last year to attempt to catch fish that weren’t there. That’s not right. The last fisheries in line should not be forced to shoulder most of the responsibility for conserving the resource.”

Chinook forecast

The annual negotiations between the state and the tribes were kicked off Tuesday at a public meeting where the salmon forecasts were discussed with sport and commercial fishers.

In addition to a poor return of coho to Puget Sound, the forecast for Puget Sound chinook also shows somewhat lower numbers than last year.

One bright spot is for people who like to fish in the ocean. About 951,000 fall chinook are expected to return to the Columbia River. That’s higher than the 10-year average but lower than last year’s modern record of 1.3 million. About 223,000 hatchery chinook are expected to return to the lower Columbia River. These fish, known as “tules,” make up the bulk of the recreational harvest.

2015 chinook returns

Another bright spot is the prediction of a fair number of sockeye returning to Baker Lake on the Skagit River, possibly allowing a fishing season in the lake and river.

Norm Reinhardt, who heads up the Kitsap Poggie Club, has been involved in advisory groups on salmon fishing and participates in discussions about the seasons.

“This year, we have a significant challenge in the coho fishery, and we will have to base decisions on conservation needs,” Norm told me following Tuesday’s meeting.

Despite lower chinook numbers, there could be ways to work out some opportunities to fish for hatchery chinook, he said. Catch-and-release is one option on the table, but it is not popular among sport fishers.

2016 chinook forecast

Anglers are still smarting from last year’s sport-fishing closure in Area 10, a designated fishing area between Bremerton and Seattle. Fishing for chinook was prohibited in that area at the insistence of the Muckleshoot Tribe to protect hatchery chinook returning to the Issaquah Creek hatchery.

Fishing should have been allowed at some level — with the release of wild chinook — under an agreed management plan, Norm says, but state managers yielded to the tribe at the last minute in order to hasten a final agreement. On Tuesday, Norm told state salmon managers that he doesn’t want to see that happen again.

“In area 10, our argument is going to be that if we have adequate chinook, we should be allowed to fish on our fish — unlike last year,” he said.

sockeye forecasts

The reduced number of coho returning to Puget Sound has been blamed on ocean conditions, including higher water temperatures off the coast and a mass of warm water called “the blob,” which stayed around for two years. Studies have shown that warmer water alters the species of plankton available for fish to eat. The result is that the fish are consuming a plankton lower in fat content, causing coho to be thinner and fewer.

The 2016 forecast of about 256,000 Puget Sound coho is about 40 percent of the average return over the past 10 years and 29 percent of the number predicted for 2015 — a prediction that turned out to be too optimistic. Because of the failed coho forecast last year, everyone is expected to be more cautious about aspects of the computer modeling this year.

Charts on this page were presented during Tuesday’s meeting. The new charts make the presentation easier to understand, compared to the tables of data discussed at previous meetings. The data tables are still available when one needs to dig into the finer details. The new maps use colors to describe how streams are doing. Poor (red) is if the run or forecast for a stream is less than 75 percent of the 10-year average. Good (green) is if the run or forecast for a stream is more than 125 percent of the 10-year-average. Neutral (blue) is if the run or forecast falls between 75 percent and 125 percent.

Anyone may attend the meetings where the ongoing negotiations and possible tradeoffs are discussed. Allowing more fishing in one place often results in less fishing somewhere else, and there’s always the question about whether enough salmon are being left for spawning in the streams.

“We’re going to have to be creative in order to provide fisheries in some areas this year,” John Long said. “We would appreciate input from the public to help us establish priorities.”

Information about the salmon forecasts, the meeting schedule and methods of commenting are available on WDFW’s North of Falcon website.

On March 14, various parameters for ocean fishing will be set by the Pacific Fishery Management Council, a group empowered by the federal government to manage fish in the ocean. The PFMC will adopt ocean fishing schedules and harvest levels during its April 8-14 meeting, at which time state and tribal salmon managers are expected to approve fishing seasons for the inland waters.

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.

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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.

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.”