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.

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