NWTT: EPA sacrifices human health for short-term profit

Originally Published at https://nwtreatytribes.org/epa-sacrifices-human-health-for-short-term-profit/

Being Frank is a monthly column written by the chair of the Northwest Indian Fisheries Commission. As a statement from the NWIFC chair, the column represents the natural resources management interests and concerns of the treaty Indian tribes in western Washington.

Treaty Indian tribes in western Washington are outraged that the Environmental Protection Agency is advancing the agenda of a small group of industrial polluters to undermine public health, science and decades of hard work by rolling back the water quality standards that we have been implementing for almost three years.

The 2016 standards were supposed to make sure that seafood from Washington waters was safe for everyone to eat. EPA’s reversal no longer ensures that the human health criteria adequately protect Washington fish and shellfish consumers – including tribal members ­– from exposure to toxic pollutants.

Our health should not be unjustly jeopardized by increased levels of known dangerous pollutants like PCBs and dioxins that accumulate in the environment and cause real harm to people, orcas, salmon and the entire ecology of the region. PCBs and dioxins are the source of most public health warnings in our state regarding fish and shellfish consumption.

The pulp and paper industry, oil companies and other polluters want to make this issue about select groups of people like tribes, Asian and Pacific Islanders and others who consume more fish and shellfish than other residents. The truth is that this issue is about all of us and everything we depend on.

Under the federal Clean Water Act, tribes and states – not the federal government – are responsible for setting water quality standards under their jurisdictions. EPA is allowed to revise existing standards only when they are deemed not strong enough. That’s not the case here because our current standards are among the most protective of human health in the nation.

That’s why we will fight this move with everything we have. We will stand with all 29 federally recognized tribes in Washington, the entire Democratic congressional delegation, the governor, attorney general’s office, environmental groups and many others who oppose EPA’s actions.

Tribes applaud Washington Attorney General Bob Ferguson for filing a lawsuit challenging EPA’s decision to roll back our water quality standards. “Trump’s EPA cannot change important water quality protections at the whim of industry interests. It’s not only disruptive to Washington’s environmental efforts over the past two years, it’s a clear violation of the Clean Water Act,” he said in announcing the lawsuit.

PCBs and dioxins are known carcinogens and we are going to have to deal with them one way or the other. The question is whether we want to do that when they’re still in the water or after they have entered our bodies and those of the fish, shellfish, orca and other species we are working so hard to protect.

Why are polluting industries trying to poison all of us? Simply for their short-term economic profit. In the process, EPA’s decisions threaten the integrity of the entire Washington seafood economy.

These industries and EPA should be ashamed of their actions. It is unconscionable to knowingly allow more cancer-causing and other toxic chemicals to be released in our waters.

A public hearing about the water protection rollback is scheduled for Wed. Sept. 25 in Seattle. Click here to register.

Lorraine Loomis is the chair of the Northwest Indian Fisheries Commission.

For more information, contact: Tony Meyer (360) 438-1181

Seattle Times Op: More mercury in the fish we eat? Don’t let the EPA weaken water-quality rules

Puget Sound, the Columbia River, Lake Washington, the San Juan Islands, the Spokane River, Lake Chelan: Washington state is known for some of the most beautiful and iconic waterways in the country. Significant steps have been taken to recover these waters, each of which has a fish consumption advisory due to toxic pollution. So why would the  Environmental Protection Agency move to dramatically weaken limits on three of the most dangerous and persistent chemicals — mercury, arsenic and polychlorinated biphenyls (PCBs) — thus preventing us from moving forward with stronger controls that are essential protections for human health?

It’s a question to take to the EPA. In an agency decision dated May 10, the Trump administration revealed its next target in a nationwide assault on environmental regulation: Washington state waters. The agency signaled its intentions to revise or withdraw Washington water-quality standards. If this happens, current hard-won standards designed to protect local seafood consumers will be lost, and the amounts of toxics allowed in Washington’s waters could increase dramatically.

Gov. Jay Inslee, who has acted against Trump’s other environmental rollbacks, was quick to release a statement with Attorney General Bob Ferguson opposing the EPA decision. Ferguson then filed suit June 6 in an attempt to block the Trump administration’s misguided proposal.

While this proposed reversal raises environmental alarms, it will also make seafood we eat and the water we drink less safe. In dismantling an environmental standard known as “Fish Consumption Rule,” the agency would allow for up to 25 times more toxic chemicals like mercury, lead and cancer-causing polychlorinated biphenyls, or PCBs. In the case of arsenic, it would perversely allow increased discharges of this dangerous toxic heavy metal in our waters because it is also “naturally occurring.” This move doesn’t merely raise questions about the administration’s concern for public health. It signals a blatant disregard for it.

Who is most vulnerable? Anyone who consumes locally caught fish. This applies especially to tribal communities, for whom fishing is critical not only for subsistence, but for ceremonial, religious and commercial purposes. Sharing and eating fish is an integral part of tribal culture and social fabric here in the Northwest, and it is well documented that tribal communities consume fish at a higher-than-average rate. Current water-quality standards restrict pollutants that are harmful to fish, and also take into account chemical bioaccumulation to protect the people who eat these foods. Previously, the EPA noted that tribes and Washington residents have a right not only to fish, but also to avoid exposure to unacceptable health risks when consuming local fish and seafood.

Before the current administration’s attempt at rolling back protective water-quality standards, the EPA stated its intent to protect people from cancer and other harmful effects that can arise from consuming polluted fish, shellfish and drinking water. However, most of our local waterways already have fish consumption advisories due to toxic pollution, warning people to limit their intake of certain species.

Toxic pollutants in Puget Sound waters severely impact the survival of our endangered southern resident orca population, as well as their primary prey — chinook salmon. Our southern resident orcas are considered to be among the most PCB-contaminated mammals in the world. Gov. Inslee has been very vocal about protecting orcas and calling for increased protections to reduce toxic contamination. Vigorously opposing EPA’s proposed rollbacks to the fish-consumption rule is an important way he can act to protect these beloved marine mammals that are a keystone species for our entire ecosystem.

This issue is critical to people and communities across the state. The Trump administration is poised to turn its back on Washington citizens and human health in order to line the pockets of corporate interests pushing for the action. We oppose the EPA push to repeal effective water-quality safeguards. We thank Gov. Inslee and state ecology director Maia Bellon for standing up and staying strong defending what is right: clean water for all.

AG Ferguson Sues Trump Administration Over Reversal of Water Quality Protections

Published at https://www.atg.wa.gov/news/news-releases/ag-ferguson-sues-trump-administration-over-reversal-water-quality-protections

FOR IMMEDIATE RELEASE:
Jun 6 2019

EPA’s revision violates Clean Water Act, lawsuit argues

OLYMPIA — Attorney General Bob Ferguson today filed a lawsuit in U.S. District Court for the Western District of Washington challenging the Environmental Protection Agency’s decision to revise Washington’s water quality standards. These standards, which apply specifically to Washington, are used to determine how clean the state’s waters must be in order to protect human health.

Revising the standards now, the lawsuit argues, would create confusion and disrupt the work Washington has already completed to meet the standards. The revision is a violation of the Clean Water Act, which only allows the EPA to revise an existing standard if the standard is not stringent enough — which is not the case with Washington’s existing standards.

“Clean water is essential to our quality of life,” Ferguson said. “Trump’s EPA cannot change important water quality protections at the whim of industry interests. It’s not only disruptive to Washington’s environmental efforts over the past two years, it’s a clear violation of the Clean Water Act. We keep beating the Trump Administration in court, and we haven’t lost yet. I don’t plan on starting now.”

“The Clean Water Act is crystal clear on when it’s appropriate to change water quality standards in a state, and how it must be done,” said Washington Department of Ecology Director Maia Bellon. “The Environmental Protection Agency has blatantly ignored this federal law. We won’t sit back while EPA unilaterally acts on short-sighted industry desires, completely cutting out the state regulator, Washington’s tribes and our communities.”

In 2016, the Washington Department of Ecology proposed updates to a portion of state water quality standards that establish limits on a range of nearly 200 pollutants dangerous to human health, such as arsenic, asbestos, mercury and lead. The Environmental Protection Agency revised the proposal, and Washington began the labor-intensive process of implementing the standards.

These standards are intended to minimize the risk of cancer caused by consuming fish, shellfish and untreated water from state waterways. The pollutant limits are calculated with an equation that factors in, among other things, how much fish or untreated water a Washingtonian might consume from state waters.

In February 2017, an industry group sent a “petition” requesting the EPA reconsider the rule. The industry group did not file a challenge in court, the proper way to challenge federal agency decisions. In May of this year, more than two years later, EPA announced its decision to grant the industry group’s request and revise Washington’s water quality standards without any evidence that the existing standards are insufficient.

Despite a meticulous revision process outlined in the Clean Water Act, the EPA claimed in its decision it has “inherent authority” to make unilateral changes to its decisions. Ferguson’s lawsuit argues that there is no legal basis for the change. The reversal violates the Clean Water Act, which requires the federal government to follow legally required procedures and find that the change is more stringent than existing standards.

Both Ferguson and Bellon wrote letters to the EPA opposing the revision. The federal government did not respond to these letters, nor did the EPA consult with Bellon, Ferguson or tribal governments regarding the changes. The federal government also decided not to seek public comment.

Since the adoption of the current standards, Ecology has worked with businesses and municipalities to implement the new standards. Reversing course on the standards now would cause unnecessary confusion for businesses and government agencies, and invalidate an implementation process that is already two and a half years down the road.

For example, reconsidering the rule creates uncertainty in Ecology’s permitting process. Any entity that releases pollutants into state waters, from municipal wastewater treatment facilities to industrial plants, must receive a permit from Ecology. These permits help ensure that governments and businesses are complying with the standards. Many permit applications are currently pending. Without predictability and certainty, Washington’s businesses and the state are left in limbo.

Ferguson’s lawsuit asks the court to block the EPA from revising the standards.

Senior Counsel Ron Lavigne and Senior Assistant Attorney General Laura Watson with the Ecology Division are leading the case.

Ferguson has now filed 39 lawsuits against the Trump Administration and has not lost a case. Ferguson has 22 legal victories against the federal government since President Trump assumed office. Twelve of those cases are finished and cannot be appealed. The Trump Administration has appealed or may appeal the other 10, which include lawsuits involving Dreamers and 3D-printed guns. Of the 22 victories, 13 are related to the environment and six are from cases that specifically challenge actions by President Trump’s EPA.

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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

Contacts:

Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov

NWTT: Politics, Not Science Behind Water Quality Rollback

Originally Published at https://nwtreatytribes.org/politics-not-science-behind-water-quality-rollback/

Being Frank is a monthly column written by the chair of the Northwest Indian Fisheries Commission. As a statement from the NWIFC chair, the column represents the natural resources management interests and concerns of the treaty Indian tribes in western Washington.

I don’t know how you can be against clean water, but some of the industries in our state are.

They have convinced the U.S. Environmental Protection Agency to roll back the water quality standards we established two years ago. Now being implemented, these standards are among the most protective of human health in the nation. They were developed in cooperation with industry after 20 years of effort. They reflect the truth of Washington state’s economic and cultural connection to water and water-based resources.

The pulp and paper industry, oil companies and others are behind the rollback, using the same old excuses that industry has used for decades to avoid regulation.

Automakers once claimed that air bags, unleaded gas and pollution-reducing catalytic converters – even seat belts – would spell the end of the auto industry. Too expensive, they said. The technology doesn’t exist. The standards are too high and their effectiveness is questionable.

Today, the industry accepts those health and safety standards as the cost of doing business. In fact, safety ratings now drive profits. The auto industry was forced to innovate because we had the courage and wisdom to require them to meet new standards.

When protective standards are based on good science, innovation will come. It always does. Industries were given generous implementation timelines to help foster solutions. But this water quality rollback undermines our ability to accept science, make changes and move forward together.

The state’s old water standards were based on a fish consumption rate of 6.5 grams per day, or about one 8-ounce serving per month, and included a cancer risk rate of one in 1 million. The new standards are similar to Oregon’s. They include a consumption rate of 175 grams per day while keeping the same cancer risk rate.

Agreeing to the 175 grams per day rate was a huge compromise by the tribes, who routinely consume much higher levels of fish and shellfish.

Industry and EPA were at the table when we developed the new standards. What’s changed? Not the science. Not the need to protect our waters and our health from toxic chemicals. The only thing that’s changed is the politics of the last few years.

Equally as disturbing is the way that EPA is rescinding our standards. There was no consultation with the tribes or state before taking action. Even worse, EPA refuses to take any input from the state, tribes or public until after the rollback is complete.

Here at home, the state of Washington is providing leadership on the issue. The director of the state Department of Ecology, Maia Bellon, has repeatedly called on EPA to stand down and let the current standards be implemented.

We also are encouraged by Gov. Jay Inslee and Attorney General Bob Ferguson, who called the action illegal and vowed to take the issue to court. They point out that under the federal Clean Water Act, tribes and states are responsible for setting water quality standards under their jurisdictions.

Our water protection standards could be tied up in court for decades.

EPA and industry are motivated by short-term profits at the long-term expense of our health and the health of the environment, salmon, orcas, and other natural resources. Sooner or later the bill always comes due. All of us who live here will be on the hook. We will pay for it with our health, quality of life and our natural resources.

Lorraine Loomis is the chair of the Northwest Indian Fisheries Commission.

For more information, contact: Tony Meyer (360) 438-1181

Seattle Times: EPA moves to ease water-quality standards in Washington state; Inslee and Ferguson say that’s illegal

The action, disclosed Friday, reverses a 2016 decision by the EPA under the Obama administration that required the state to toughen the water-quality standard.

Continue reading at https://www.seattletimes.com/seattle-news/inslee-ferguson-denounce-epa-move-to-ease-water-standards-for-washington-state/

NWTT: Puget Sound is not a Sewer

Originally published at https://nwtreatytribes.org/puget-sound-is-not-a-sewer/

Being Frank is a monthly column written by the chair of the Northwest Indian Fisheries Commission. As a statement from the NWIFC chair, the column represents the natural resources management interests and concerns of the treaty Indian tribes in western Washington.

We must stop treating Puget Sound like a sewer if we are going to restore the fish, shellfish, wildlife and other natural resources it supports. That’s why we are urging the U.S. Environmental Protection Agency (EPA) to stand strong in the face of challenges to water quality improvements.

We were disappointed to learn that tugboat companies, cruise lines and other marine industries recently filed suit against EPA claiming that complying with a new no-discharge zone for human waste is too expensive.

If this sounds familiar it’s because the move comes on the heels of another industry challenge that claims our state’s new water quality standards – the most protective of human health in the nation – are also too costly to implement.

The state Department of Ecology worked to establish the no-discharge zone to protect an area of more than 2,300 square miles in Puget Sound and lakes Washington and Union. It was the first established in Washington, although there are more than 90 in 26 other states.

There are more than 150,000 recreational boats and more than 3,500 commercial vessels in the Puget Sound region. Most already have holding tanks for sewage, and EPA has determined that there are enough shore-based and mobile sewage pump-out services to provide for the region. Vessel owners were given five years to comply with the new no-discharge rules.

It takes only a small sewage leak to force the closure of a shellfish bed or make people sick. Before the zone was established, boats could dump partially treated sewage anywhere in the sound. Raw sewage could be flushed from vessels at least three miles from shore.

Meanwhile, the EPA is considering an industry trade group petition claiming that complying with the state’s new water quality standards will increase their cost of doing business.

The idea that the solution to pollution is dilution is outdated. Our waterways are not an out-of-sight, out-of-mind solution for industrial waste. It’s time we stop balancing the pollution ledger with our health and future.

It’s been a couple of years since EPA stepped into the state’s rule-making process to ensure that our water quality standards are based on the best available science. The federal Clean Water Act requires states to develop rules that ensure our waters are clean enough to provide healthy fish and shellfish that are safe to eat.

The updated water quality standards were the result of years of extensive public processes at the state and federal levels, involving tribal governments as well as industry representatives, environmental groups and other stakeholders. The standards are based on science that accurately reflects what happens when we are exposed to pollution in our waters. They also include a wide range of implementation tools and generous timelines for the industry to comply.

There is no new science or law that justifies EPA’s reconsideration of industry’s pleas that their short-term profits outweigh the long-term health of our communities and resources. Politics, not science, is the only factor that would lead to a different result. It would simply be a rehashing of issues that were discussed, debated and resolved through a lengthy public process that spanned decades.

We believe that human health and environmental quality are the keys to economic health and prosperity for our region. We don’t believe you can put a price on clean water, our health or the health of our natural resources.

A pollution-based economy is not sustainable, but cooperation is. We must work together if we want healthy waters, healthy people and a thriving economy.

Lorraine Loomis is the chair of the Northwest Indian Fisheries Commission.

For more information, contact: Tony Meyer (360) 438-1181

Being Frank: Move Forward on Water Quality Standards

Originally published at https://nwtreatytribes.org/being-frank-move-forward-on-water-quality-standards/

Being Frank is a monthly column written by the chair of the Northwest Indian Fisheries Commission. As a statement from the NWIFC chair, the column represents the interests and concerns of treaty Indian tribes throughout western Washington.

In an unfortunate reversal, the U.S. Environmental Protection Agency has decided to reconsider our state’s new water quality standards – the most protective in the nation – based on an industry trade group petition that argues the rules will increase their cost of doing business.

Treaty Indian tribes in western Washington believe a pollution-based economy is not sustainable and that no price can be placed on the value of human health or the resources that sustain us.

It’s been less than two years since EPA stepped into the rule-making process to ensure that our water quality standards are based on the best available science. The federal Clean Water Act requires states to develop rules that ensure our waters are clean enough to provide healthy fish and shellfish that are safe to eat.

Water quality standards include human health criteria based on how much fish and shellfish we eat. The more we eat, the cleaner the water must be. Two numbers drive the standards: our fish consumption rate and our cancer risk rate from eating local seafood.

For more than 25 years the state used a fish consumption rate of only 6.5 grams per day – or about one big bite – to determine water quality standards. The cancer risk rate from consuming toxics in seafood was set at one in 1 million.

After EPA got involved, Washington’s water quality standards were revised about 18 months ago to include a more realistic fish consumption rate of 175 grams (about 6 ounces) per day. The cancer risk rate remained unchanged.

The updated water quality standards were the result of years of extensive public processes at the state and federal levels, involving tribal governments as well as industry representatives, environmental groups and other stakeholders. The standards are based on science that accurately reflects what happens when we are exposed to pollution in our waters. They also include a wide range of implementation tools and generous timelines for implementation.

Now our hard-fought gains to protect human health are threatened.

There is no new science or law that justifies EPA’s reconsideration or that would lead to a different result. EPA’s response to industry’s petition is simply an agreement to participate in rehashing issues and concerns that were discussed, debated and resolved through lengthy rule-making and public process that spanned decades.

What has changed is the current anti-regulation approach to a strong economy. We believe that human health and environmental quality are the keys to economic health.

We agree with Maia Bellon, director of the state Department of Ecology, who told EPA that she opposes any reconsideration of the current water quality rules. “What Washington State’s communities and businesses need the most right now is predictability, certainty and flexibility to meet clean water requirements. We are well on the path of providing just that.”

We also agree with Gov. Jay Inslee who said in 2015: “We will not fall victim to the fear mongers who have attempted to block every clean-air and clean-water law since Earth Day 1970 by arguing we cannot have a healthy environment and a healthy economy. They have been wrong every time.”

For 17 days we all watched with great sadness as a grieving mother orca carried her dead calf around the Salish Sea. Toxins in our water and fish are part of that story. Those orcas are us, the late tribal leader Billy Frank Jr. would say. What happens to them will one day happen to us.

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Lorraine Loomis is the chair of the Northwest Indian Fisheries Commission.

For more information, contact: Tony Meyer (360) 438-1181.

Mother Orca with Child. Photo: Doug Snider, licensed in the public domain.

Tribes call on EPA to update water quality standards

Jerry Cornfield at the Everett Herald wrote about a meeting the treaty tribes in western Washington are having with EPA today:

“The tribes’ principal objective for revised water quality standards is to protect the health of future generations, and we have determined that your proposal does not meet this goal,” reads the letter.

Tribal leaders will meet Monday with Dennis McLerran, EPA regional administrator.

Under the federal Clean Water Act, the state must adopt standards that ensure rivers and major bodies of water are clean enough to support fish that are safe for humans to eat.

Since 1992, the state has operated under a rule that assumed the average amount of fish eaten each day is 6.5 grams which is about a quarter of an ounce per day.

Inslee’s proposal unveiled July 9 would increase the fish consumption rate to 175 grams a day — a figure tribal leaders accept. The higher the number means fewer toxic pollutants would be allowed in waters.

Billy Frank Jr.: Industry recycles arguments against better water quality

Bill Frank Jr. writes in the Tacoma News Tribune today that innovation is oftentimes the result of regulation to protect human health:

It turns out the standards weren’t too strict after all. The economy did not collapse. The science was right all along. Regulation led to innovations in water treatment that made the new standards possible. We have all benefitted from this kind of forward thinking.

Today we look back and shake our heads in disbelief that anyone would oppose improved water quality. None of us would be willing to give up the improvements to our water and our health that came from the Clean Water Act.

But that’s just what’s happening here in Washington, and polluters are still using those same false arguments to justify their opposition.

Investigate West: Inslee weighs tenfold increase in cancer risk for fish eaters

Robert McClure at Investigate West has zeroed in on the effort by business interests to undercut the fish consumption rate by changing the cancer risk rate:

How much risk of cancer from eating fish is too much? Washington Gov. Jay Inslee has privately advanced a proposal that would likely pass legal muster but that worries Indian tribes and environmentalists. It would allow a tenfold increase in allowable cancer risk under the law.

At a meeting at the governor’s office in early February, according to several of those who attended, the governor laid out two options, both of which lessen the potential burden on polluters:

Boost the estimate of how much fish Washingtonians are eating, but alter another pivotal part of the formula used to set pollution limits: The additional cancer risk from eating fish that is considered acceptable. Traditionally Ecology has set that at one additional cancer case for every 1 million people exposed to a given pollutant. That number could be set at one in 100,000 instead, Inslee suggested, and remain within legal bounds. EPA allows states to set the risk at either level, so long as even highly exposed groups such as Indian tribes face risks no greater than one additional cancer case from eating fish per 10,000 people.