Background

On August 1, 2016, Ecology submitted a package of state-promulgated human health criteria (found at WAC 173-201A-240) to the EPA for review and action pursuant to the EPA's authority under Clean Water Act (CWA) section 303(c). On November 15, 2016, the EPA disapproved 143 of the 192 human health criteria submitted by Ecology. The EPA's partial disapprovals were based on: 1) a comparison between Washington's criteria and criteria that the EPA developed using Washington's fish consumption rate and the EPA's national recommended human health criteria issued in 2015 pursuant to CWA section 304(a), and 2) a finding that Washington had not adequately described its rationale for selecting certain human health criteria values. In accordance with CWA section 303(c) requirements, concurrent with its partial disapproval of Washington's submittal, the EPA finalized a federal rule for the criteria that it disapproved, which became effective December 28, 2016.

On February 21, 2017, several groups filed a petition requesting that the EPA reconsider its disapproval action on Washington's human health criteria and repeal or withdraw the federal rule. Between February and July 2017, three other entities sent the EPA letters requesting that the EPA deny the petition. On August 3, 2018, the EPA provided notice of its intent to reconsider its action in response to the petition. On August 7, 2018, Ecology sent a letter to the EPA opposing reconsideration and indicating the state agency's preference to focus on implementing the federal rule.

Upon reconsideration, if the EPA reverses the previously disapproved criteria and instead approves them, the newly approved human health criteria will not be in effect for CWA purposes in Washington until the corresponding federally promulgated human health criteria are withdrawn via a formal rulemaking process. 





