Record of Meeting on Proposed Rule: Restoring Protective Human Health Criteria in Washington, 87 FR 19046 (April 1, 2022)
July 11, 2022, 1pm Eastern
Attendees:  Fred Andes (Federal Water Quality Coalition; legal counsel for regulated parties), Paul Noe (American Forest & Paper Association), Jesse Levine (American Forest & Paper Association), Chris McCabe (Northwest Pulp & Paper Association), James Tupper (legal counsel for regulated parties), Deborah Nagle (EPA OST), Sara Hisel-McCoy (EPA OST), Jim Keating (EPA OST), Erica Fleisig (EPA OST), Hannah Lesch (EPA OST), Betsy Behl (EPA OST), Casey Lindberg (EPA OST), Czarina Cooper (EPA OST), Lauren Maher (EPA OGC)  
Summary of the Meeting:  The paper associations and their representatives (collectively "regulated parties") wanted to know if EPA had any questions about the written comments the regulated parties submitted during the public comment period on EPA's proposed rule. EPA did not have questions. The regulated parties expressed significant concern about the cost of implementing the proposed criteria, particularly the criteria for PCBs which the regulated parties asserted are below the levels that can be attained with currently available technologies. The regulated parties also expressed concern about arsenic, mercury, and benzo(a)pyrene but the bulk of the discussion centered around PCBs. The regulated parties explained that implementation tools, such as variances, do not provide regulatory certainty because they are untested in Washington and may be subject to legal challenge. Some of the regulated parties urged EPA to respect Washington's 2016 rulemaking process and not revise Washington's PCB criteria at this time. Others recommended that EPA consider how the regulated community, particularly industrial facilities, will implement EPA's proposed criteria. EPA offered to have further conversations on criteria implementation, to include experts from EPA Region 10 and EPA's permitting program. Finally, the regulated parties expressed concern about a perceived disconnect between the regulation of PCBs under the Clean Water Act and the Toxics Substance Control Act. EPA agreed to discuss this issue internally.

