WSR 16-04-092

PROPOSED RULES

[Order 12-03—Filed February 1, 2016, 9:57 a.m.]

Preproposal statement of inquiry was filed as WSR 12-19-055 and 12-19-056.

Title of Rule and Other Identifying Information: Water quality standards for surface waters of the state of Washington, chapter 173-201A WAC. Adopt human health toxics criteria into the standards. Adopt clarifying language and new language related to implementation tools for implementing the surface water quality standards. This rule proposal combines rule-making activities announced in two separate preproposal statement of inquiries (CR-101) – WSR 12-19-055 and 12-19-056 and updates rule language previously proposed in January 2015.

Hearing Location(s): The public comment period on the proposed rule is open through April 22, 2016. You may give verbal or written comments at one of the in-person public hearings, or by the end of the comment period. If you attend an online webinar, you may give verbal comments, but written comments need to be submitted through one of the following options: Standard mail: Washington State Department of Ecology, Water Quality Program, Attn: Becca Conklin, Water Quality Standards Coordinator, P.O. Box 47600, Olympia, WA 98504-7600, e-mail swqs@ecy.wa.gov, or fax (360) 407-6426.

All comments are due by 5:00 p.m. on April 22, 2016.

Public Hearing Schedule: We will be holding in-person and online workshops followed by public hearings on this rule proposal. Workshops will consist of a short presentation followed by a question and answer session. The formal public hearing will start after the workshop is over. At that time, we will invite public testimony.

Ecology will provide details about these workshops and public hearings on its web site and through e-mail announcements. For instructions on how to join and participate through the webinar, visit http://www.ecy.wa.gov/programs/wq/ruledev/wac173201A/1203inv.html.

Date of Intended Adoption: On or after August 1, 2016.

Submit Written Comments to: Becca Conklin, Water Quality Program, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail swqs@ecy.wa.gov, fax (360) 407-6426, by April 22, 2016, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact water quality reception at ecology, (360) 407-6600, by April 22, 2016, TTY (877) 833-6341.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology is proposing amendments to water quality standards for surface waters of the state of Washington, chapter 173-201A WAC. The state's water quality standards guide how the state regulates water pollution.

1. This rule making is to amend the water quality standards and provide new human health criteria. Adoption of new human health criteria into Washington's water quality standards will take into account factors used to calculate each chemical criterion such as the amount of fish and shellfish people eat. The new criteria will be used for all federal clean water actions; including wastewater discharge permits, water pollution identification, and water cleanup plans.

2. This proposal will also propose amendments regarding implementation of the water quality standards. The implementation tools being proposed include language revisions to the compliance schedule and variance sections, and a new section to allow the use of intake credits. Ecology is also proposing to add new language clarifying combined sewer overflow (CSO) treatment facilities.

Reasons Supporting Proposal: Ecology is proposing to adopt new human health criteria to protect public health, safety, and welfare. The current human health criteria applied to Washington waters are outdated federal standards that do not reflect current science on protection from toxic chemicals. With adoption of this amendment, our state will have water quality standards for toxics that more accurately reflect the amount of fish and shellfish people eat in Washington.

Adopting new human health criteria was identified as a high priority when ecology conducted a triennial review of the water quality standards in 2010. The triennial review is required by the federal Clean Water Act to ensure that states update standards as needed to reflect new and emerging science and information.

This rule proposal will also provide more language regarding how to implement the water quality standards. The proposed amendments to the implementation tools section of this rule are meant to provide more predictable regulatory tools to help entities that are subject to national pollutant discharge elimination system (NPDES) permits comply with more protective standards. The rule making to amend implementation tools also directly addresses legislation passed (RCW 90.48.605) that obligates ecology to amend water quality standards to allow compliance schedules in excess of ten years under certain circumstances for permitted discharges.

Statutory Authority for Adoption: RCW 90.48.035 Rule-making authority.

Statute Being Implemented: Chapter 90.48 RCW, Water pollution control.

Rule is necessary because of federal law, Federal Clean Water Act (33 U.S.C. 1251).

Name of Proponent: Washington state department of ecology, governmental.

Name of Agency Personnel Responsible for Drafting: Susan Braley, Washington Department of Ecology, Lacey, Washington, (360) 407-6414; Implementation: Cheryl Niemi, Washington Department of Ecology, Lacey, Washington, (360) 407-6440; and Enforcement: Heather Bartlett, Washington Department of Ecology, Lacey, Washington, (360) 407-6405.

See Reviser's note below.

A copy of the statement may be obtained by contacting Becca Conklin, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6413, fax (360) 407-6426, e-mail swqs@ecy.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Becca Conklin, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6413, fax (360) 407-6426, e-mail swqs@ecy.wa.gov.

January 29, 2016

Maia D. Bellon

Director