Ecology UPDATE: Solid Waste Handling Rules

Where we are
At the end of June we released preliminary draft language and invited comments. We held a series of day-long workshops to walk stakeholders through major changes and answer questions. We asked stakeholders to submit comments on the preliminary draft by early September.  We received some very good feedback that highlighted stakeholder concerns, and identified areas where the draft language could be improved. Based on that input, Waste 2 Resources Program staff are working to revise the draft rule.
 
Next steps
 We feel it is important to give stakeholders time to review the new language, ask additional questions, and submit further comments if needed.  Ecology is postponing the formal rule proposal until 2017. We will issue a revised preliminary draft to stakeholders in November, and ask for comments by the end of January 2017. We plan to evaluate those comments by spring 2017, and file a formal rule proposal by early summer.
 Revised schedule
·        November – Revised preliminary draft rule released (mid to late month)
·        January 31, 2017 – Comments due on revised draft due
·        June 2017 – Formal proposed rule filed – formal comment period begins
·        July 2017 – Public hearings and formal comment period closes
·        Fall 2017 – Rule adopted
The Solid Waste Handling Standards are important for Washington state. The rule sets standards for a wide range of activities, and affects major environmental and economic decisions in our state. Because of this, Ecology has worked with stakeholders to understand the strengths and shortcomings of the current rule, evaluate different approaches to improve the rule, and assess the impact of potential changes. Our goal is to develop a rule that is clearly written, reflects the feedback of stakeholders, and sets standards that will serve our state for years to come.
 How you can remain informed
 It is very important to subscribe to our Solid Waste Handling Standards ListServ if you are interested in this rulemaking.  It is the main way that we communicate with stakeholders on this rulemaking.  You can easily subscribe with just a name and email address at http://listserv.wa.gov/cgi-bin/wa?SUBED1=ECY-SW-HANDLING-STANDARDS&A=1.  Please let others know if you think they might be interested.
 
Our rulemaking web pages are periodically updated.  See what is happening with the solid waste rule, starting at http://www.ecy.wa.gov/programs/swfa/rules/wac173350/1308ov.html.
 
We thank you for your continued interest in this rulemaking and for your involvement as we work to improve the rule. 
  
Kyle Dorsey
Rules & Policy Coordinator
Waste 2 Resources Program
Washington State Department of Ecology
PO Box 47600
Olympia, WA  98504-7600
360-407-6559

News Releases from Region 10: EPA updates standards for toxic pollutants in Washington waters

NEWS Release from EPA :

Partnership with Washington will improve water quality and protect fish consumers, regulatory flexibility will help control costs

11/15/2016

Contact Information: 

Mark MacIntyre (macintyre.mark@epa.gov)

206-553-7302

(Seattle – November 15, 2016) Today the U.S. Environmental Protection Agency announced actions to update the limits for toxic pollutants in Washington’s surface waters, which will protect water quality and people who eat fish from those waters.

The Clean Water Act sets clear expectations for the nation’s water quality and calls for establishing health-based standards using the best available science to ensure that all people can safely fish and swim in U.S. waters.  Today’s actions set standards aimed at protecting those who eat salmon and other fish and shellfish from Washington waters.

Specifically, EPA approved 45 of the pollution standards the Washington Department of Ecology adopted earlier this year and finalized updates to 144 additional federal standards. For a complete list of the pollutants addressed in this action go to: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-washington#fed

As part of today’s actions, EPA also approved Ecology’s revisions to its variance and compliance schedule provisions, which give the state and affected industries and municipalities needed flexibility and time to implement these new standards while making reasonable progress in improving water quality.

“Washington maintains one of the strongest water programs in the entire nation,” said EPA Regional Administrator Dennis McLerran. “Now, the state will have updated standards on the books and the needed flexibility to make progress meeting these more protective standards over time.”

Surveys of local residents in the Pacific Northwest, including tribes with treaty-protected rights, reflect that Washingtonians eat fish and shellfish at levels much higher than the rate that was previously used to set standards for toxics in Washington’s waters.  EPA and Ecology have been working to establish these new water quality standards based on a far more realistic estimate of the amount of fish Washingtonians eat.

“We applaud the Governor and Ecology’s decision to increase the fish consumption rate recognized in the standards and to retain the state’s protective one-in-a-million cancer risk level. The fish consumption rate and risk level in the standards match those established in Oregon and clearly recognize that greater protection of people who eat larger amounts of fish is appropriate in the Pacific Northwest where fishing is a part of our heritage,” McLerran said.

Most of Washington’s human health standards for toxics in surface water haven’t been updated since 1992. This new set of standards is based on the latest science about health protection and fish consumption rates.  Today’s actions ensure that water quality standards are now in place at levels that will adequately protect fish consumers in Washington, including tribes with treaty-protected rights, from exposure to toxic pollutants.

The region’s tribes helped both the EPA and the state better understand the particular health risks that tribal members have long faced due to their consumption of large amounts of fish. In establishing a fish consumption rate that better reflects the amount of fish people eat, the Ecology and EPA standards will help to lower health risks from eating fish for all Washingtonians, even those, such as tribal members, who regularly consume large amounts of fish and shellfish. EPA’s final rule incorporates Washington’s 175 grams per day fish consumption rate and a one-in-one million cancer risk level.

In practice, Ecology and EPA will continue to work together to determine the right level of regulatory flexibility and the feasibility of meeting the new standards when incorporating the new pollution limits into state permits and in other Clean Water Act programs. Flexibility in implementing these new standards will be important as pollutant detection and control technologies are developed.

EPA’s rule and Washington’s approved water quality standards will take effect 30 days after publication of the rule in the Federal Register. The rule was signed today (November 15) and is expected to be published in the Federal Register in one to two weeks.

# # #

For more information about EPA’s action on Washington’s water quality standards: https://www.epa.gov/wqs-tech/water-quality-standards-regulations-washington#fed

– Washington Rule_Water Quality Standards-part-131-2040-af56-final-rule
–  EPAs Partial-Approval Partial-disapproval_WA HH WQC Impl-tools_Bellon

Ecology Director Maia Bellon responds to EPA’s announcement on Washington’s water quality standards

Director Bellon’s statement:

 “We’re disappointed that Washington state’s approach wasn’t accepted in its entirety. We worked hard to craft new water quality standards that were balanced and made real progress – improving environmental protection and human health while helping businesses and local governments comply.

“We were always clear in our goal – to meet EPA’s requirements and tailor our proposal to work for Washington state. We believe we did that with the clean water standards we adopted in August.
 
“Reviewing the details of EPA’s decision is important to understand all the implications.
 
“It appears that EPA largely approved the implementation tools that we developed. These are pivotal to ensure that dischargers can stay in compliance while making real progress toward updated standards.
 
“Regardless of EPA’s decision today, we must stay focused on reducing toxic contaminants at their source rather than rely on expensive end-of-the-pipe treatment that has limited benefits.”
  
Helpful links
·       EPA news release (Nov. 15, 2016): EPA updates standards for toxic pollutants in Washington waters
·       Ecology news release (Aug. 1, 2016): State adopts new clean water rule

Ecology Funding Opportunity: Watershed Planning Implementation and Flow Achievement Grants

Water Resources Program Funding Opportunity: Applications accepted from October 17th, 2016 – December 15th, 2016.

Funding under this program requires flow achievement, through:

  • Increased flows below the project site.
  • Improving instream and riparian zone conditions, such as enhancing fish passage or habitat.
  • Reorganizing or concentrating existing points of diversion.
  • Establishing water banks, water exchanges or pursing trust water opportunities.
  • Improving public water supply or irrigation district infrastructure that leads to water savings.
  • Purchasing and installing meters, stream gages or groundwater monitoring equipments when water savings and or efficiencies can be expected short or long term.

For more information go to http://www.ecy.wa.gov/programs/wr/funding/fo-wspisfag.html 

or Contact:
Rose Bennett
Email: rose.bennett@ecy.wa.gov
Phone: (360) 407-6027

New Quality Assurance Project Plan: Long-Term Monitoring of Persistent, Bioaccumulative, and Toxic Chemicals using Age-Dated Lake Sediment Cores

Quality Assurance Project Plan:  Long-Term Monitoring of Persistent, Bioaccumulative, and Toxic Chemicals using Age-Dated Lake Sediment Cores is now at https://fortress.wa.gov/ecy/publications/SummaryPages/1603118.html
 
In 2000, the Washington State Department of Ecology (Ecology) developed a strategy to reduce persistent, bioaccumulative, and toxic substances (PBTs) in Washington State.  The PBT Reduction Strategy recommended development of a long-term monitoring program for PBTs in Washington’s freshwater systems.  In 2006, Ecology began long-term monitoring of sediment cores throughout the state for analysis of mercury.  Other PBTs were added to the monitoring program in 2008.  Between 2008 and 2015, sediment cores were analyzed for mercury as well as polycyclic aromatic hydrocarbons, perfluoroalkyl substances, hexabromocyclododecane, chlorinated paraffins, and brominated flame retardants on a rotating schedule. 
 
Ecology’s PBT Monitoring Program will continue to collect one sediment core from three lakes per year to characterize the occurrence and temporal trends of PBTs in Washington State. Sediment core samples will be analyzed for a rotating PBT contaminant to reconstruct historical deposition profiles.  The rotating PBT analyte will be selected annually to fill data gaps in Washington State.  Sediment cores will be age-dated using 210Pb techniques.  Total lead, TOC, and grain size will also be analyzed to support interpretation of results. 
 
Sediment core samples will be analyzed for PCB congeners in 2016.  Ecology will collect cores from Deep Lake, Spanaway Lake, and lower Lake Spokane.  The sampling locations were selected to evaluate sediment PCB deposition at an urban waterbody (Spanaway Lake), a primarily undeveloped, forested waterbody (Deep Lake), and a waterbody with known PCB contamination issues (Lake Spokane).  No PCB data is available for Spanaway or Deep Lakes, while PCB contamination of Lake Spokane and the upstream Spokane River has been well-characterized.  Additional metals (copper, titanium, and zinc) will be analyzed in the Deep Lake core at the request of Ecology’s Eastern Regional Office. 
 
 If you have questions, please contact Callie Mathieu at 360-407-6965 or at came461@ecy.wa.gov.
  
Jean Maust
Environmental Assessment Program
Department of Ecology

Ecology News: CSPA Reporting Rule Update

Interested Stakeholders,

Comment Letters Available

Ecology posted stakeholder comment letters on the public involvement page of the CSPA Rule website.  We are currently evaluating requests from stakeholders to add or delist CHCC chemicals. Our evaluation process is explained in a document posted above the comment letters.

We have completed our initial evaluation of stakeholder requests to add or delist CHCCs in the CSPA Reporting rule. Our initial evaluation is based on whether the comment included evidence, such as full scientific references and web links, that a chemical does or does not meet the same basic criteria used to create the list in the 2011 rule. We will further evaluate chemicals if that evidence is forthcoming.  We will continue this evaluation and provide more detail at the October 25thworkshop.

Upcoming Stakeholder Workshop

You can find details for the October 25th stakeholder workshop on the public involvement page of the CSPA Rule website. The meeting agenda, webinar information, presentation materials, and handouts will be added as links to this page before the meeting (with a listserv notice). Two documents are provided at this time for interested stakeholder review:

As we continue to plan for the October 25th meeting, it would be helpful to have an idea of the number of people attending in person.  This will help us with room selection and visitor parking limitations. Please send me an RSVP for those planning to attend the meeting here in Lacey WA. We will send out webinar information (via this listserv) before October 25th.

30-day Public Comment Period ends November 5th

Ecology will accept comments on the preliminary draft rule language and potential CHCC list changes until November 5, 2016.

We plan to share a second draft of the rule language and CHCC list changes in December (with another opportunity to comment).  We plan to hold a webinar in early January to go over the second draft of the rule and CHCC list.

Please call or email if you have questions.

Kind regards,

Kara J. Steward

Hazardous Waste & Toxics Reduction Program

360-407-6250 direct | kara.steward@ecy.wa.gov.

Ecology News: Wenatchee River PCB and DDT Source Assessment

The Wenatchee River has had some of the highest concentrations of PCBs in fish tissue measured in Washington State. This report details the findings of a study which assessed concentrations of PCBs and DDT in water, biota, and sediment throughout the Wenatchee River basin during 2014-2015. The study identified two chemically-distinct sources of PCBs to the Wenatchee River, one located near the City of Cashmere and the second near the City of Wenatchee. The main known sources of DDT to the Wenatchee River are within the Mission and Chumstick Creek sub-basins. Follow-up actions include: further source tracing for PCBs and DDT to refine locations and additional research on the bioaccumulation of toxics in the Wenatchee River.

The significant finding in this study was that PCBs in biofilms were significantly correlated with dissolved PCB concentrations in the river.  See Pages 35-39.

There will also be a second report for Phase 2 of the source assessment.

Weblinks:

Report
https://fortress.wa.gov/ecy/publications/SummaryPages/1603029.html 

QAPP
https://fortress.wa.gov/ecy/publications/SummaryPages/1403117.html

Addendum #1
https://fortress.wa.gov/ecy/publications/SummaryPages/1503107.html

Addendum #2
https://fortress.wa.gov/ecy/publications/SummaryPages/1603116.html

 

Policy 1-11 revisions process: public workshop on November 14th

States are required, under the Clean Water Act, to regularly assess their waters to meet sections 303(d) and 305(b) of the Clean Water Act.  The Environmental Protection Agency (EPA) approved Ecology’s September 2015 submittal of our latest Water Quality Assessment on July 22, 2016. 
 Ecology started the next water quality assessment process this last winter with:
 
  1. A call for water quality data and information collected through December 2015 that will be used for the next assessment of fresh and marine waters in Washington.
  1. A 60-day scoping process to solicit ideas on areas of the Water Quality Program Policy 1-11,Assessment of Water Quality for the Clean Water Act Sections 303(d) and 305(b) Integrated Report,  that need to be reviewed and updated.  This Policy guides how Ecology uses data to determine the water quality status for individual waterbodies.
With EPA’s recent approval of Washington’s Water Quality Assessment, Ecology will begin a public process to revise Policy 1-11 based on the comments we received during the scoping process.
 
To launch the Policy 1-11 revisions process, we will hold a public workshop on November 14th  to orient people to the Water Quality Assessment Policy and to the key issues we will be looking at and possibly revising based on the outcome of further discussions and analysis.  The Policy 1-11 Public Workshop will be held from 10:00am – 4:00pm at the auditorium of the Ecology Headquarters building in Lacey.  We will also conduct the workshop as a webinar so that people who choose not to attend in person at the Ecology building in Lacey can participate by calling in from their respective location.  This will be an introduction/kick-off meeting to provide background information on the Assessment and how Policy 1-11 is used. It will also lay out the process we will use to look at possible changes to that policy based on scoping comments that were received.  If you are interested in participating, please save the date on your calendar. 
Agenda and more information on the November 14 Public Workshop & webinar will be coming soon.
Background information on the Policy 1-11 revisions public process, including a summary of the scoping comments that were received and copies of the comment letters, can be found on Ecology’s website at: http://www.ecy.wa.gov/programs/wq/303d/proposed/index.html.
Questions or comments about the assessment or Policy 1-11 should be directed to Patrick Lizon (email:  patrick.lizon@ecy.wa.gov; phone: 360-407-6782).
 
Thank you for your interest in protecting water quality in Washington State.
 
Susan Braley
Watershed Management Section
Phone: (360) 407-6414

Comments requested on Addendum 3 to the Quality Assurance Project Plan, Spokane River Toxics Reduction Strategy Study

The Ecology Urban Waters program requests comment on the draft, Addendum 3 to Quality Assurance Project Plan Spokane River Toxics Reduction Strategy Study, dated September 6, 2016.

Please submit comments to Adriane Borgias (ABOR461@ecy.wa.gov) by September 20, 2016.

This addendum is an addition to an original Quality Assurance Project Plan.  Addendum 3 represents a minor addition to the existing “Spokane River Toxics Reduction Strategy” project.  The project uses an Ecology approved QAPP (dated July 11, 2014) that was prepared by LimnoTech and approved by the Spokane River Regional Toxics Task Force.

This Addendum adds 20 groundwater/spring water samples, with associated quality assurance samples, to the study. The Addendum also includes a new procedure: groundwater sampling for low level PCBs.

The first set of samples were collected in August and September, 2015 following development and technical review of the Addendum. The second and third sets were collected February 17, 2016 and May 17, 2016, respectively. The following people provided comments on the preliminary draft:

Pam Marti, Peer reviewer
Bill Kammin, QA Officer
Mike Hermanson and Ben Brattebo, Spokane County

The significant concerns of the reviewers have been addressed in the draft Addendum. Ecology’s Quality Assurance officer provided email approval for the sampling activities on August 10, 2015.

All field sampling is complete and analytical results received. Comments are being requested prior to completion of data analysis and report write up.

Ecology News, Environmental Assessment Program: Freshwater Fish Contaminant Monitoring Program: 2014 Results

The report, Freshwater Fish Contaminant Monitoring Program: 2014 Results, is available at https://fortress.wa.gov/ecy/publications/SummaryPages/1603027.html

The Department of Ecology’s Freshwater Fish Contaminant Monitoring Program sampled fish from the Yakima River basin in 2014.  Results are highlighted for Keechelus Lake and three mainstem river sites: the canyon upstream of Roza Dam, the river near Prosser, and the Horn Rapids to Kiona reach.  Goals were to characterize: (1) contaminant concentrations in fish tissue and (2) spatial and temporal patterns.

Washington’s water quality standards for contaminants in fish tissue were met for most of the chemicals analyzed.  However, some samples from each site did not meet standards for one or more of: 4,4’-DDE, dieldrin, toxaphene, t-PCBs, and dioxins/furans.

Spatial and temporal trends in Yakima River fish were seen for some contaminants.  Spatially, concentrations of 4,4’-DDE increased in a downstream direction.  This was true to a lesser extent for many other organic chemicals.

Temporal trends were seen in concentrations of 4,4’-DDE and PCBs in whole largescale suckers, yet not for fillet tissue from other species.  Between the 1990s and the 2014, median levels of 4,4’-DDE in whole suckers from the Canyon, Prosser, and Horn Rapids-Kiona sites decreased by 73%, 56%, and 87%, respectively.  Decreases in median levels of PCBs in suckers from these same sites were 41%, 41%, and 85%, respectively.

If you have questions, contact Keith Seiders at 360-407-6689 or keith.seiders@ecy.wa.gov.

Diana Ruth Olegre

Web Coordinator and SharePoint Site Collection Administrator
Washington State Department of Ecology

Environmental Assessment Program 

diana.olegre@ecy.wa.gov
360-407-6696