Federal Human Health Criteria for Washington State Waters
On June 30, 2021, EPA announced its intent to strengthen clean water and human health protections in the State of Washington. The agency anticipates initiating a rulemaking process to propose protective federal human health criteria (HHC) for the State of Washington’s waters after removing in 2020 protective HHC that EPA had originally promulgated in 2016. This decision reflects the agency’s commitment to protect people who consume fish from Washington’s waters, including tribes with treaty-protected subsistence fishing rights, and to apply sound science within the Clean Water Act to benefit healthy communities. The agency’s rulemaking process will provide opportunity for public and stakeholder input and include sustained dialogue with Washington State, Tribal partners, and local governments on these issues.
2020 Withdrawal of Certain Federal Human Health Criteria
On April 16, 2020, the EPA Administrator signed a final rule to withdraw certain federal Clean Water Act (CWA) human health criteria (HHC) for waters under the State of Washington’s jurisdiction. These HHC are no longer needed due to EPA’s May 10, 2019 approval of corresponding State HHC, as applicable criteria for CWA purposes for Washington’s waters. EPA determined the State’s criteria are protective of its designated uses, based on sound science, and consistent with the CWA.
- Fact Sheet: Withdrawal of Federally Promulgated Human Health Water Quality Criteria in Washington State (pdf)
- Final Rule - Withdrawal of Certain Federal Water Quality Criteria Applicable to Washington (May 13, 2020)
Public Hearings
EPA provided a 60-day public comment period for the proposed rule to withdraw certain federal Clean Water Act (CWA) human health criteria (excluding arsenic) for waters under the State of Washington’s jurisdiction. Additionally, EPA offered one online public hearing and one in-person hearing so that interested parties could provide oral comments on EPA's proposed rule.
- Transcript: Online Public Hearing for Proposed Withdrawal of Federally Promulgated Human Health Criteria in Washington - August 28, 2019 (pdf)
- Transcript: Public Hearing for the Proposed Withdrawal of Certain Federal Human Heath Criteria Applicable to Washington - September 25, 2019 (pdf)
Comments on the Proposal
The comment period closed on October 7, 2019.
- Docket available at Regulations.gov (Docket ID No. EPA-HQ-OW-2015-0174)