Tag Archives: Washington Department of Ecology

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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Struggle for clean water criteria coming to a close

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Children join forces to demand action
on climate change

I find it fascinating that children are making a strong legal argument that governments must take swift action to reduce climate change.

A series of lawsuits across the country are founded on the idea that many adults will be gone in 40 or 50 years when climate extremes become the new norm. It is the young people of today who will suffer the consequences of ongoing government inaction.

In a case filed by a group of children in King County Superior Court, Judge Hollis Hill took the Washington Department of Ecology and Gov. Jay Inslee to task for delaying action on new clean air regulations to help curb greenhouse gas emissions:

“Petitioners assert, the department does not dispute, and this court finds that current scientific evidence establishes that rapidly increasing global warming causes an unprecedented risk to the Earth, including land, sea, the atmosphere and all living plants and animals…

“In fact, as petitioners assert and this court finds, their very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming by accelerating the reduction of emission of GHGs (greenhouse gases) before doing so becomes too costly and then too late.

“The scientific evidence is clear that the current rates of reduction mandated by Washington law cannot achieve the GHG reductions necessary to protect our environment and to ensure the survival of an environment in which petitioners can grow to adulthood safely.”

One can download Hill’s full opinion (PDF 2.6 mb) from Our Children’s Trust website. Also, reporter Jeannie Yandel of radio station KUOW interviewed the attorney and some of the children involved in the case.

Attorney Andrea Rogers (far right) poses with young plaintiffs outside a King County courtroom. Their legal victory requires state government to address climate change by the end of 2016. Photo: Our Children’s Trust
Attorney Andrea Rogers (far right) poses with young plaintiffs outside a King County courtroom. Their legal victory requires state government to address climate change by the end of 2016. // Photo: Our Children’s Trust

It is ironic that Gov. Inslee finds himself under attack for failure to act against greenhouse gas emissions, given that he is one of the nation’s leading advocates for action on climate change. Inslee literally wrote the book on this issue while serving in Congress: “Apollo’s Fire: Igniting America’s Clean Energy Economy.”

Unable to get the Legislature to act on his specific program, the governor is now on a course to impose new regulations to force a reduction in greenhouse gases. Initially, the new standards would apply to large industrial sources. The governor says his authority stems from a 2008 law passed by the Legislature requiring a reduction to 1990 emission levels by 2020. We can expect the rule to be challenged by business interests.

Originally, the rule was to be completed this summer, but the proposal was withdrawn in February in light of an overwhelming number of comments and new ideas that needed to be addressed. The rule is scheduled to be re-released later this month and adopted by the end of the year.

Judge Hill’s latest ruling from the bench on April 29 requires Ecology to adopt the rule by the end of the year. That fits within Ecology’s current schedule, said Camille St. Onge, spokeswoman for Ecology. Whether the agency might appeal the ruling to preserve its options won’t be decided until after the judge’s written findings are issued, she said.

“We agree with Judge Hill,” St. Onge told me in an email. “Climate change is a global issue, and science is telling us that what was projected years ago is happening today, and we need to act now to protect our environment and economy for future generations. We’re working vigorously on Washington’s first-ever rule to cap and reduce carbon pollution and help slow climate change.”

Gov. Inslee said in a news release that he has no dispute with Judge Hill’s findings, which actually support his approach to combatting climate change:

“This case is a call to act on climate, and that call is one that has been a priority for me since taking office. Our state is helping lead the way on climate action in our country…

“In a way it is gratifying that the court has also affirmed our authority to act, contrary to the assertion of those who continue to reject action on climate change and ocean acidification. Hundreds of people have participated in the creation of our state's Clean Air Rule and the draft will be out in just a few weeks.”

For details about the proposed Clean Air Rule, visit Ecology’s website.

Meanwhile, Washington state is not the only state where youth have filed lawsuits to assert their rights to a healthy future. Cases also are pending in Oregon, Massachusetts, Colorado and North Carolina, according to Our Children’s Trust, which provides details about the state lawsuits on its website.

At the same time, another case is underway in U.S. District Court in Oregon, where Magistrate Judge Thomas Coffin ruled that the young plaintiffs have standing and legitimate claims to be adjudicated. He allowed the case to move forward with additional evidence to be submitted. Read his April 8 ruling (PDF 3.2 mb) on the website of Our Children’s Trust.

The video below features reporter Bill Moyers discussing the legal issues in these cases, which include claims related to the Public Trust Doctrine, an ancient principle that asserts the public’s right to use and enjoy certain natural resources that cannot be ceded to private property owners.

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.”

Call it ‘nonpoint’ or ‘stormwater;’ this problem is serious

As far as I know, nobody has come up with a good name for the type of pollution that gets picked up by rainwater that flows across the ground, carrying contaminants into ditches, streams and eventually large waterways, such as Puget Sound.

Cleaning out storm drains is the last line of defense before pollution from the roads gets into public waterways. Kitsap Sun photo
Cleaning out storm drains is the last line of defense before pollution from the roads gets into public waterways. // Kitsap Sun photo

“Stormwater pollution” is a term I have frequently used. But Sheida Sahandy, executive director of Puget Sound Partnership, made a good point when I interviewed her last summer about the perils of stormwater.

“I don’t really like calling it ‘stormwater,’” Sheida told me. “It doesn’t have much to do with storms. It has to do with people. We’re talking about our dirt, our detritus, our filth. Everyone has it, and we all dump it into the sound to one degree or another.”

Stormwater is relatively pure when it falls from the sky as rain. It only gets dirty because the runoff picks up dirt, toxic chemicals, bacteria and other wastes, mostly left behind by people.

“Stormwater has gotten a bad wrap,” Sheida said. “It’s really what we’ve done to the poor thing that makes it evil.”

To read more about this discussion, check out my series “Taking the Pulse of Puget Sound” and the story “Stormwater solutions key in fight for Puget Sound.”

Officially, the Environmental Protection Agency and Washington Department of Ecology tend to call it “nonpoint source pollution.” It’s a term that tells us what this kind of pollution is not. Specifically, it is not pollution coming from a point source, such as a pipe. But “nonpoint” does not describe what it really is.

Technically, nonpoint pollution is more than stormwater. It includes waterborne sources such as marinas and atmospheric deposition from air pollution. Taken together, this form of pollution remains the most serious threat facing those who would clean up and protect Puget Sound.

We need a new term like “mess-left-behind pollution,” because it generally results from someone leaving some kind of contamination on the ground — such as animal waste or leaking motor oil — or failing to anticipate future problems — such as those caused by toxic flame retardants in furniture or mercury from a multitude of coal-fired power plants.

A new plan by Ecology to deal with this type of pollution is now under review. It is called “Washington’s Water Quality Management Plan to Control Nonpoint Sources of Pollution” (PDF 10.6 mb).

The general categories described in the plan are:

  • Agriculture, including livestock wastes; fertilizers and pesticides; and erosion from grazing practices and over-cultivation of fields.
  • Atmospheric deposition, including emissions from automobile, industrial and agricultural sources and backyard burning of trash.
  • Forest practices, including turbidity from erosion caused by loss of vegetation and road-building, as well as pesticides and fertilizers from forest applications.
  • Habitat alteration/hydromodification, including increased temperature from loss of vegetation or water impoundment; turbidity from erosion caused by shoreline alteration; and increased bacteria and chemical concentrations from loss of streamside vegetation.
  • Recreation, including sewage, paint and solvents from boats.
  • Urban/suburban areas, including bacteria from failing septic systems, pet wastes and urban wildlife; erosion from construction and landscaping; lawn chemicals; road runoff; chemical spills; and increased stream temperature from loss of vegetation.

The plan lists a variety of objectives and strategies for reducing the impacts of nonpoint pollution. Among them are these ideas:

  • Complete 265 watershed cleanup plans by 2020, focusing on at least eight priority watersheds each year.
  • Respond to all complaints about water quality by confirming or resolving problems.
  • Provide grants and loans for projects designed to bring a waterway into compliance with state and federal water-quality standards.
  • Support local pollution identification and correction programs to track down pollution sources and eliminate the problems. (Kitsap County was identified as a model program.)
  • Support water-quality trading programs that allow water cleanup efforts in lieu of meeting increased requirements for industrial and sewage discharges.
  • Increase education efforts to help people understand how to reduce nonpoint pollution.
  • Coordinate with organized groups and government agencies, including tribes.
  • Continue existing monitoring programs and increase monitoring to measure the effectiveness of water-quality-improvement projects.
  • Develop a statewide tracking program for cleanup efforts with an annual goal of reducing nitrogen by 40,000 pounds, phosphorus by 14,000 pounds and sediment by 8,000 pounds.

Public comments will be taken on the plan until June 5. Three remaining public meetings are scheduled before then. For information, check out Ecology’s webpage, “Washington State’s Plan to Control Nonpoint Pollution.”

Kitsap to receive major funding for stormwater, sewer construction

Washington Department of Ecology is poised to award $229 million in grants and loans for projects that will help clean up waters throughout the state.

Grants

Grants to Kitsap County include $4.2 million for planned stormwater projects, plus another $4.6 million to lay sewer lines designed to protect shellfish beds in South Kitsap’s Yukon Harbor.

This level of funding for a single round of water-quality grants demonstrates that elected officials are serious about cleaning up Puget Sound and other water bodies throughout the state. The Legislature must still approve the funding for the proposed grants and loans.

The Yukon Harbor project is interesting, because Kitsap County officials were able to show that residents of the South Kitsap area would face a severe hardship if forced to pay for a new sewer line and all the connections themselves.

Yukon Harbor has been the subject of pollution identification and correction projects by the Kitsap Public Health District. Fixing septic systems and cleaning up pollution from animals allowed 935 acres of shellfish beds to be reopened in 2008. See Kitsap Sun, Sept. 25, 2008. But recent studies show that the pollution is growing worse again as some systems continue to have problems. Officials say the best answer is to run a sewer line to properties on or near the beach.

The grant will pay for the sewer line and pump station to carry sewage to the Manchester sewage treatment plant. Some money will be used to help residents pay for the costs of connections to their homes.

Without the state grant, officials estimate that each of the 121 property owners would need to pay about $70,000 to complete the project, according to David Tucker of Kitsap County Public Works. Without the “severe hardship” grant, the project probably would not get done.

One nice thing about this project is that residents will not be required to hook up to the sewer, Dave told me. Those who have upgraded or replaced their septic systems or have systems still working well may continue to use their own on-site systems.

“The common infrastructure will be covered by the grant,” Tucker said, “and people can make a choice about whether they want to connect. Everybody’s septic system is in a different state of condition.”

In addition to the $4.6 million grant, the county will receive a low-interest loan of $432,000 for the remainder of the $5 million needed for the project. Design is scheduled to begin this year, followed by construction in 2017 if things go well.

Meanwhile, stormwater projects continue to gain attention, because they can address both pollution and streamflow problems. In Kitsap Countyu, grants were proposed for the following stormwater projects, which require a 25-percent local match:

  • Clear Creek project, known as Duwe’iq Stormwater Treatment Wetland, which will use a $937,000 grant to create a stormwater wetland off Silverdale Way near Ross Plaza to collect water from 18 acres of commercially developed property.
  • Ridgetop Boulevard Green Streets project, which will use $1 million in a second phase of construction to create biofiltration systems in the median of Ridgetop Boulevard in Silverdale.
  • Silverdale Way Regional Stormwater Facility project will use $1.5 million for new stormwater ponds north of Waaga Way to collect stormwater running off steep hills in the area.
  • Chico and Dickerson creeks project will receive $500,000 to complete the second phase of a project to replace two culverts on David and Taylor roads and establish floodplains to take excess water during heavy rainstorms.
  • Bay Shore Drive and Washington Avenue Filterra project will use $277,000 to install 15 Filterra planter-box stormwater filters to reduce pollution coming off streets in Old Town Silverdale.

Kitsap County also was successful in obtaining a low-interest loan of $3.8 million to replace three aging pump stations and upgrade a sewer line on the beach near Manchester. Since the line is part of the Manchester system, the loan will be repaid through sewer fees.

In all, Ecology received 227 applications requesting more than $352 million in grants and loans. Some $143 million went into loans, and $21 million went into grants allocated to 165 projects statewide. About 110 of the projects involve stormwater pollution.

A public meeting on all the projects will be held at 1 p.m. March 4 at Pierce County Library, 3005 112th St. E., Tacoma. Comments will be taken until March 15. For information and a list projects, check Ecology’s website.

Kitsap gun club withdraws from toxic cleanup program

Kitsap Rifle and Revolver Club has decided against undertaking a formal environmental cleanup of its property on Seabeck Highway — at least not any time soon, according to club officials.

The property is listed as a “hazardous site” by the Washington Department of Ecology, mostly because of lead and metals associated with shooting activities. The club had entered into the state’s Voluntary Cleanup Program — which puts a property owner in charge of the cleanup — but then withdrew from the program in late October.

Marcus Carter, executive officer for KRRC, told me that the club had been assured by state officials that if it entered the Volunteer Cleanup Program, it would not be placed on the state’s Hazardous Sites List.

“But they went ahead and ranked us anyway,” he said.

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I wrote about that ranking in the Kitsap Sun in January of 2013. The gun range was rated a “2” on a scale from 1 to 5, with “1” being the worst. I noted in the story that many sites ranked a “2” go without action for years. KRRC later disputed the ranking, saying available evidence should place it no higher than a “3.”

A letter written in October by Bruce Danielson (PDF 889 kb), attorney for the club, explained why KRRC was withdrawing from the program. He also noted, “Our voluntary participation has been an unacceptable drain on valuable resources that KRRC can no long afford to expend for no purpose.”

As an example of wasteful spending, Danielson cited a charge for a “fraudulent” phone call from the state Attorney General’s Office related to the site. The unwarranted billing was dropped, he noted, but only after significant effort by club officials.

Marcus Carter said he realizes that the shooting range could get stuck on the “Hazardous Sites List” for many years, similar to the situation with the Navy’s Camp Wesley Harris. The abandoned shooting range on Navy property also was ranked a “2.” Other than an initial cleanup, the Navy has taken no steps to get the property removed from the list. For a full list of hazardous sites, download the latest Hazardous Sites List (PDF 535 kb).

Marcus said the club initiated an extensive recycling program years ago to regularly remove lead and other contaminants from earthen berms that stop the bullets. The only contamination outside the range itself are small amounts of materials where shooting took place years ago, he said.

“Nothing is leaving our property,” Marcus insisted. “There have been no suggestions from DOE to make our operations more efficient or to do anything differently.”

As described in a Kitsap Sun story in April of 2012, the gun club has been following an approach generally accepted by the federal Environmental Protection Agency:

“The club has relied on using EPA’s ‘best management practices’ to avoid being deemed a hazardous waste site subject to cleanup. State law does not include such provisions, but Ecology endorses EPA’s suggested practices, which are outlined in a 1997 letter written by Jeff Hannapel in EPA’s Office of Solid Waste.”

I then quoted from the Hannapel’s letter:

“The agency has taken the position that the discharge of ammunition or lead shot does not constitute hazardous waste disposal, because the agency does not consider the rounds from the weapons to be ‘discarded.’ Furthermore, the lead shot has not been ‘discarded’ by virtue of its discharge at the shooting range, because the discharge is within the normal and expected use pattern of the manufactured product. Accordingly, lead shot would be considered scrap metal for regulatory purposes.”

Ecology officials admit that they don’t have enough money to force property owners to clean up the most-contaminated sites, let alone those lower on list.

For several years, the group CK Safe and Quiet, which includes residents living near the shooting range, has been urging Ecology to get the site cleaned up. The group has expressed concerns about contamination leaving the site and getting into nearby waterways.

In 2011, the organization filed a notice saying it would sue for cleanup under the federal Clean Water Act, which allows citizen-initiated lawsuits. I mentioned the claims in a Kitsap Sun article at the time.

The group never filed the federal case, pending legal action against the club by Kitsap County, which focused on land-use and noise issues. A ruling in the county’s case was recently handed down by the Washington State Court of Appeals. See Kitsap Sun story by reporter Josh Farley.

Some members of CK Safe and Quiet say they are now considering a renewal of their Clean Water Act claims. Ryan Vancil, an attorney who wrote the 2011 letter (PDF 134 kb), no longer represents the group, but members are consulting with a new lawyer.

Any ideas for a no-discharge zone in Puget Sound?

Washington Department of Ecology is pushing ahead with its plan to create a “no-discharge zone” for Puget Sound, which would prohibit the discharge of sewage from boats, even those with a Type II marine sanitation device. Check out my story last week in the Kitsap Sun, Feb. 19 (subscription).

Proposed no-discharge zone for Puget Sound // Washington Department of Ecology
Proposed no-discharge zone for Puget Sound
Washington Department of Ecology

For many people, it is disconcerting to think about mobile toilets traveling everywhere in Puget Sound and discharging their waste anywhere and at any time.

Kitsap Public Health District has gained a reputation for tracking down sources of pollution and getting them cleaned up. If you have a failing septic system, for example, you are expected to get it fixed. Many of the Dyes Inlet beaches between Bremerton and Silverdale were reopened to commercial shellfish harvesting, thanks in no small part to these persistent efforts to clean up bacterial pollution.

Sewage-treatment plants still discharge some bacteria, despite advanced treatment processes. Consequently, shellfish beds are permanently closed around treatment plant outfalls, with the closure zone dependent on the level of sewage treatment. And when there are sewage spills, long stretches of beach may be closed to shellfish harvesting for 10 days or longer.

When they are working properly, Type II marine sanitation devices aboard boats are fairly good at killing bacteria, although levels are still above state water-quality standards. Less certain is what happens to human viruses, including hepatitis, that may not be killed. In addition, marine toilets release chemicals — such as chlorine, quaternary ammonia and formaldehyde — into the water.

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It’s not hard to see why the goal would be to eliminate discharges of boater waste into Puget Sound, assuming that sufficient pumpout stations exist for people to offload their waste. Pumpout stations are connected to sewage-treatment systems, which do a better job of disinfection and remove most solids that can contribute to algae blooms and low-oxygen conditions.

Creating a no-discharge zone is one goal of the Puget Sound Action Agenda (PDF 16.4 mb) developed by the Puget Sound Partnership.

Ecology Director Maia Bellon seemed to strike the right tone when she announced the petition for a no-discharge zone (PDF 8.1 mb) in Puget Sound:

“We want to reach out and invite comments, questions and suggestions over this draft proposal. We’re working with boating, shipping and fishing leaders, and now is the time for broader perspective and feedback. Everyone who lives here has a vested interest in a healthy Puget Sound.”

Her approach leaves the door open to some creative solutions for getting everyone in compliance with the no-discharge zone. As I showed in last week’s story, the no-discharge zone could be a hardship for some tugboat and fishing boat operators. One estimate for converting a tugboat is $125,000.

Ecology’s solution so far has been simple: Give those without holding tanks three years to install the tanks and plug up theirs discharge pipes.

Other solutions may be possible, although they could create administrative burdens for Ecology. What about the idea of creating an exemption for boats that have no holding tanks? Boat owners could pay an annual fee for the exemption, and the money could go into a fund to assist owners with the cost of conversion. Maybe a conversion should be required, if necessary, at the time a boat is sold. It’s just an idea.

When applying for an exemption from the no-discharge zone, boat owners should agree to discharge treated wastes at a safe distance from the beach. Maybe they should be required to know where certified shellfish beds are located and stay even farther away.

I realize these ideas would complicate a simple plan, and maybe there are better ideas. In general, I believe that a reasonable solution should be proportional to the problem. We should not kill a rat with heavy explosives, while ignoring the cost of repairs.

To see how more than 20 other states are addressing no-discharge zones, visit the Environmental Protection Agency’s website on vessel sewage discharges and a state-by-state breakdown of no-discharge zones.

When I broke this story in September, I interviewed others who had thoughts on the issue. See Kitsap Sun, Sept. 25 (subscription).

For recreational boaters, check out “Beating the Pumpout Station Blues” by Capt. Mike Brough of the Coast Guard.

Embracing a new approach to nonpoint pollution?

When it comes to cleaning up bacterial pollution in Puget Sound, we seem to have a clash — or at least some redundancy — in the methods we use.

Sailors take advantage of the nice weather last week on Liberty Bay. Kitsap Sun photo by Meegan Reid.
Sailors take advantage of nice weather last week on Liberty Bay.
Kitsap Sun photo by Meegan M. Reid.

In Kitsap County, water-quality officials are saying studies conducted by the Washington Department of Ecology, which allocated total maximum daily loads (TMDLs), have not been much help in attacking the local pollution problem.

That’s because the approach developed by Kitsap County, called the Pollution Identification and Correction (PIC) Program, has been highly successful in tracking down and cleaning up bacterial pollution.

I wrote a story about this issue as it relates to Liberty Bay in yesterday’s Kitsap Sun.

I also talked a little about the two water-quality standards used for streams. It’s somewhat odd how Liberty Bay must conform to a stricter standard than nearby Dyes Inlet, since both are in urbanizing areas. By the way, there is only one standard for marine waters, and Liberty Bay is generally clean under that standard.

Other information on the Liberty Bay TMDL study can be found on Ecology’s website and in a news release.

With regard to cleanup methods, now that PIC has been adopted and funded for the Puget Sound region, one might argue that it is time to back away from the more cumbersome TMDL approach, which spends a great deal of money to allocate pollution loads with no guarantees that any cleanup will get done. For recent funding details, review the Washington Department of Health’s Page on “EPA Grant: Pathogens, Prevention, Reduction and Control” and the specific funding for PIC projects.

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