UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION 10 


1200 Sixth Avenue. Suite 900 

Seattle, WA 98101·3140 

OFFICE OF 

WATER AND WATERSHEDS 

Becca Conklin 

Washington Department of Ecology 

Surface Water Quality Standards 

P.O. Box 47600 

Olympia, W A 98504-7600 

Dear Ms. Conklin: 

Thank you for the opportunity to comment on Washington's Surface Water Quality Standards Triennial 

Review contained at WAC 173·201A. The Washington State Department of Ecology (Ecology) initiated 

the Triennial Review process in November 2010, through a series of public meetings. EPA Region 10 

staff attended the meetings on November 4,2010 in Lacey and November 15, 2010 in Vancouver. 

Ecology describes the Triennial Review as an opportunity for the public to review the water quality 

standards (WQS) and provide feedback on the priorities and commitments the agency makes regarding 

the standards. It is also an opportunity for an open dialogue between Ecology, other government 

agencies, tribes, and the public on how to improve the standards and how Ecology implements the 

program. 

Our comments highlight requirements and considerations relevant to Triennial Reviews of WQS. Section 

303(c)(l) ofthe Clean Water Act (CWA) and its implementing regulations at 40 c.F.R. 131 require that 

states shall, from time to time, but at least once every three years, hold public hearings to review 

applicable water quality standards and as appropriate, modify and adopt standards. EPA's Water Quality 

Standards Handbook (Handbook) provides guidance as to how states should conduct their Triennial 

Reviews. The Handbook explains that states should identify additions or revisions necessary to existing 

standards based on their 305(b) reports, other available water quality monitoring data, previous WQS 

reviews, or requests from industry, environmental groups, or the public. The Handbook further indicates 

that states should review the general provisions of their WQS for adequacy taking into consideration new 

federal or State statutes, regulations, or guidance; legal decisions involving applications of standards; or 

other necessary clarifications or revisions. WQS reviews and revisions may take many forms, including 

additions to and modifications in uses, in criteria, in the anti degradation policy, or in other general 

policies. We understand that this review has been initiated pursuant to this requirement. 

The WQS regulation at 40 C.F.R. 131.11(a) requires states to adopt water quality criteria to protect all 

designated uses. Such criteria must be based on sound scientific rationale and must contain sufficient 

parameters or constituents to protect the designated use. EPA urges Ecology to make the revision of 

Washington's human health criteria the most important priority in this Triennial Review. We are aware 

that you have been following the work previously underway in Oregon to make such revisions. The State 

of Oregon plans to adopt final criteria and implementation provisions in the summer of 2011. To avoid 

duplication of efforts, we recommend that you consult with the State of Oregon as you move forward. 

Since this is a priority for EPA Region 10, we are available and willing to work closely with you 

throughout your human health criteria update process. 
Washington's human health criteria were issued by EPA in 1992 through the National Toxics Rule 

(NTR). The human health criteria are not in the State's WQS and Washington is one of a handful of 

states remaining in the NTR for human health criteria. In 2000, EPA updated its methodology for 

deriving human health criteria.' In that document, instead of using a fish consumption rate of 6.5 grams 

per day in deriving criteria, EPA recommended that states and tribes either (1) use a fish consumption rate 

that accurately represents the population to be protected by the criteria if state/site-specific data is 

available or (2) use a fish consumption rate of 17.5 grams per day if no state/site-specific information is 

available. EPA believes that a fish consumption rate of 6.5 grams per day is not reflective of fish and 

shellfish consumers in the State of Washington. Ecology should examine the most recent EPA criteria 

documents as well as other technical developments and studies to determine an appropriate fish 

consumption rate that would result in criteria protective of the State's designated uses. 

In addition, EPA recommends that Ecology use this Triennial Review to determine if regulatory revisions 

to the State's freshwater dissolved oxygen criteria are needed. As part of the Endangered Species Act 

consultation on EPA's 2006 approval of Washington's WQS revisions, Ecology agreed to review the 

State's freshwater dissolved oxygen criteria. In September 2009, Ecology published A Review and 

Discussion ofFreshwater Intergravel Criteria Development.2 EPA suggests that Ecology identify 

whether they will pursue a criteria change pursuant to the findings in this report as well as any other 

scientific information or comments received. If Ecology decides to make a regulatory revision, EPA is 

willing to work with the State and provide technical assistance. 

Again, thank you for the opportunity to comment on Washington's current Triennial Review. We look 

forward to engaging with you throughout the continuation of this process. If you have any questions or 

wish to discuss this matter further, please call me at (206) 553-2724 or Matthew Szelag at (206) 553­

5171. 

Jannine Jenmngs 

Water Quality Standards, Unit Manager 

Office of Water & Watersheds 

cc: 	 Susan Braley, Chad Brown, Melissa Gildersleeve, Cheryl Niemi, Ecology 

Jennifer Wigal, ODEQ 

I EPA. 2000. Methodology for Deriving Ambient Water Quality Criteriafor the Protection ofHuman Health. U.S. 


Environmental Protection Agency, Office of Water, Washington, D.C. EPA-822-B-00-004. Available at: 


http://www.epa.gov/waterscience/criterialhumanhealth/method/complete.pdf. 


2 Department of Ecology. September 2009. Washington Slate Dissolved Oxygen Standard: A Review and 


Discussion ofFreshwater intergravei Criteria Development. Publication No. 09-03-039. Available at: 


http://www.ecy.wa.gov/pubs/0903039.pdf. 


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