UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

Maia Bellon, Director 

Department of Ecology 

P.O. Box 47600 

Olympia, Washington 98504-7600 

Dear Director Bellon: 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

DEC 18 2014 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

I am writing in follow up to my letter dated April 8, 2014, in which I described the U.S. Environmental 

Protection Agency's intention to amend the National Toxics Rule for the State ofWashington's human 

health water quality criteria should the Washington Department of Ecology not finalize its human health 

water quality criteria by the end of2014. Consistent with that letter, I am informing you that the EPA 

has initiated its internal federal rulemaking process to amend the NTR for Washington's human health 

water quality criteria and plans to publicly announce the initiation ofthe process on the EPA's Website 

in mid-January 2015 via a monthly notice that summarizes upcoming EPA regulatory actions (known as 

the Action Initiation List). 

At the same time, as you know, the EPA remains interested and committed to supporting the State's 

process to complete a water quality standards submission for the EPA to review. I am encouraged by 

Ecology's timeline to issue a draft rule for public comment in January 2015, and appreciate the 

Governor's personal investment in moving the State's efforts forward. I continue to strongly encourage 

the State to fully consider the issues that the EPA has raised during the State's rulemaking process, 

particularly regarding the need for the State to base its decision on sound science and the best available 

data, which provide evidence offish consumption rates well above 6.5 grams per day in Washington, 

and to explain why a change in the State's long-standing cancer risk protection level is necessary and 

how it is consistent with its strategy for protecting higher fish consumers in Washington. I am hopeful 

that Washington's submission to the EPA fully addresses these issues, protects human health and the 

environment, and is consistent with the Clean Water Act. 

The EPA recognizes that its federal rulemaking activities, specifically the timeframe for developing 

draft federal water quality criteria for Washington, would overlap with Washington's potential timeline 

for finalizing its rule. Therefore, it is important to note that, ifWashington were to submit a final rule to 

the EPA for Clean Water Act review and action, the EPA would likely pause its federal rulemaking 

activities to fulfill its required duty to review and act on the submittal under the Clean Water Act (to 

either approve the submittal within 60 days or disapprove within 90 days). However, initiating the 

EPA's internal rulemaking process now, preserves the EPA's ability to propose a rule in a timely 

manner should action on our part become necessary. 

Consistent with the input we have provided the State, the EPA will ensure that its federal rulemaking 

process fully considers the best available science, including local and regional information, and 

applicable EPA policies, guidance, and legal requirements. These policy and legal considerations would 

include an assessment of downstream waters protection, environmental justice, federal trust 

responsibility, and tribal treaty rights and how those issues should inform the EPA's analysis ofthe 
protectiveness of the water quality criteria. At this time, the EPA believes it would be able to complete 

a proposed federal rule within approximately 9-12 months unless, as previously noted, it pauses its 

process to review a final State submittal. The EPA acknowledges that this would mean the earliest 

timeline for a federal proposal would likely be August 2015, which is later than the May 2015 timeframe 

I noted in my April2014 letter. I believe the August timeframe strikes a balance by providing time for 

Washington to potentially complete its rulemaking process and submit a final rule to the EPA for Clean 

Water Act review while at the same time allowing the EPA to prepare to move forward with updating 

the federal rule should that action become necessary. 

Finally, the EPA recognizes that industry and local governments have raised concerns about 

implementation flexibility and being provided time to meet new, more stringent water quality standards. 

The EPA supports Ecology's efforts to regularly engage a broad range of stakeholders about these 

concerns during its rulemaking process, and several of those concerns have been addressed in the State's 

analysis on the potential economic costs and benefits of the preliminary draft rule. The EPA intends to 

continue working with the State on its development and use of appropriate implementation mechanisms 

that are consistent with the Clean Water Act, including variances and compliance schedules. 

We are keenly aware ofthe need to implement water quality standards in ways that make reasonable 

progress in improving water quality while protecting the economic viability of state industries and 

communities. To that end, the EPA is available to meet jointly with Ecology and key stakeholders to 

discuss how implementation mechanisms can and should work to make progress toward improved water 

quality while accounting for the needs of the regulated community. We look forward to continuing to 

work with the State on a successful path forward. 

The EPA remains very appreciative of the challenging work that Ecology has undertaken thus far to 

adopt human health water quality criteria and we look forward to reviewing a rule proposal in January. 

Developing water quality standards that protect public health remains a high priority issue for the EPA, 

especially in Region 10. Please note that, as with my April 8, 2014letter, this letter does not constitute 

and is not intended as an Administrator determination under CWA section 303(c)(4(B). If you would 

like to discuss these topics further, please contact me directly or have your staff contact Dan Opalski, 

our Director for the Office ofWater and Watersheds, at (206) 553-1855. 

Sincerely, 

~q. 

Dennis J. McLerran 

Regional Administrator 

cc: Michael Grayum, Executive Director 

Northwest Indian Fisheries Commission 

Brian Cladoosby, Tribal Chairman 

Swinomish Tribe 

Matt Steuerwalt, Policy Advisor 

Washington State Governor's Office