WSR 26-02-051
WITHDRAWAL OF
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF ECOLOGY
[Filed January 5, 2026, 2:10 p.m.]
The department of ecology (ecology) withdraws the preproposal statement of inquiry (CR-101) to amend chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, filed on June 12, 2019, and published as WSR 19-13-030.
In April 2019, ecology received applications for variances to the human health criterion for polychlorinated biphenyls (PCBs) of 7 picograms/liter (pg/L) from five National Pollutant Discharge Elimination System (NPDES) permitted dischargers to the Spokane River. Ecology published WSR 19-13-930 because it determined those variance applications included the information required by WAC 173-201A-420(3). Ecology has determined those variance applications no longer include the information required by WAC 173-201A-420 (3)(a)-(c), (e), and (g), and is withdrawing this CR-101, because:
•The PCB human health criterion applicable to the variance applicants is no longer 7 pg/L. On October 28, 2024, the Environmental Protection Agency (EPA) issued the "Spokane and Little Spokane Rivers Polychlorinated Biphenyls Total Maximum Daily Loads," changing the human health criterion for PCBs applicable to the variance applicants from 7 pg/L to 1.3 pg/L.
•EPA has clarified that the variance applicants' compliance with numeric effluent limits derived from the applicable PCB human health criterion of 1.3 pg/L is to be evaluated using a detection method that is not sensitive enough to measure PCB concentrations below 65,000 pg/L.
Individuals wanting more information regarding the withdrawal of this CR-101 may contact Marla Koberstein, at marla.koberstein@ecy.wa.gov or 360-789-3610.
Jon Kenning, PhD
Water Quality Program Manager