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Human Health Criteria rulemaking

Agency
Ecology, Department of
Title of action
Human Health Criteria rulemaking
Date significant agency action was initiated
Tuesday, September 17, 2024
Category
Significant legislative rules
Brief description of significant agency actions for which the agency is initiating an environmental justice assessment.
Ecology is conducting this rulemaking to provide clarity on the water pollution limits that protect human health and are used in clean water programs in Washington state. This action would transfer the existing federal limits into state rules and would not change any of the existing human health criteria for Washington. The human health criteria protect people, particularly those who eat fish and shellfish and drink untreated water, from experiencing long-term health effects from pollution in rivers, lakes and marine water in Washington. This is a unique rulemaking as it does not change the pollution limits that are already in place for Washington. In 2016 and 2022, the U.S. Environmental Protection Agency (EPA) set some of the human health criteria for Washington, so those limits are in federal rule, instead of state rule like the rest of Washington’s pollution limits. Ecology aims to provide clarity on the regulations by adopting the federal human health criteria. Ecology received feedback from the public and Tribes during prior rulemakings that making this change should be a priority for the state. This rulemaking is a shorter process than most. Because this rulemaking will adopt federal regulations without changing them, this rulemaking is exempt from the usual requirements to complete a pre-proposal statement of inquiry (CR-101) and will instead move starting to the rule proposal (CR-102).
Methods for providing public comment for agency consideration as part of the environmental justice assessment.
For this rulemaking action, Ecology will open a public comment period and hold a public hearing to receive public input on the rule proposal, offer Tribal consultation, meet with Tribal water quality staff and offer to connect with other fishers and vulnerable populations. We will accept comments from 12 a.m. on Sept. 17, 2024, until 11:59 p.m. on Oct. 25, 2024. Submit comments online or at the public hearing on Oct. 22, 2024, 5:30 p.m. Details on how to access both the public comment submission form and the public hearing are on the webpage below. To discuss this rulemaking outside of the above noted opportunities, contact Faith Wimberley, Environmental Justice Planner at faith.wimberley@ecy.wa.gov or (425)275-7285.
Status
Date EJ Assessment was completed
Wednesday, November 27, 2024