On May 13, 2020, the Environmental Protection Agency (EPA) revoked its own rules when it reversed a 2016 decision that set strong water protection standards for toxic pollution in fish.
Read the full story below, written by Puget Soundkeeper’s Communications Manager Nicole Loeffler-Gladstone.
Photo: Lost Urban Creeks’ youth program engaging in water quality monitoring projects across Puget Sound. Courtesy Puget Soundkeeper.
On May 13, 2020, the Environmental Protection Agency (EPA) revoked its own rules when it reversed a 2016 decision that set strong water protection standards for toxic pollution in fish.
EPA’s about-face on water quality standards was the latest in a long string of Trump Administration attacks on the Clean Water Act and other regional and national environmental protections. It would have gutted Washington’s existing standards and paved the way for industry to discharge higher levels of toxic pollution into state waters, threatening communities that rely on locally caught fish, and the salmon and Southern Resident orcas that rely on clean water to survive.
Background
The Clean Water Act is intended to eliminate pollution discharges into waterways and provide a federal backstop for states’ water quality standards. These protections include “fishable” waters and, subsequently, the health of people who eat fish and shellfish. Water quality standards are a critical tool at the state level for reducing pollution and protecting public health.
In November 2016, after years of research, engagement from Tribal nations, and public comment—and ultimately compelled by court order—EPA finalized a set of updated water quality standards. EPA found these standards necessary to protect all Washington residents from multiple toxics that accumulate in fish tissue, including mercury, arsenic, PCBs, lead, and various industrial chemicals, many of which are known carcinogens.
EPA’s rule on levels of toxic pollution in fish was particularly impactful for Tribal members and other Indigenous people who are often the highest consumers of local fish and shellfish.
Industry Pushback
In 2017, groups representing pulp and paper manufacturers, the Washington Farm Bureau, and Boeing, filed a petition with the Trump Administration to rescind these protective standards. The 2020 rollback on Washington State’s water quality standards was the administration’s response.
In June 2020, the Makah Tribe, Columbia Riverkeeper, Puget Soundkeeper, RE Sources, Spokane Riverkeeper, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources, represented by Earthjustice, sued the Trump administration’s EPA for issuing a final rule imposing significantly less protective water quality standards.
“The degradation of water quality standards is a direct assault on the Makah Tribe’s rights reserved under the 1855 Treaty of Neah Bay and constitutes a direct attack on our sovereign interests and our way of life,” Makah Tribal Council Chairman T.J. Greene, Sr. said at the time. “Fish and other seafoods have always been fundamental to our diet, economy and culture. Our people require safe water and seafood to survive. We absolutely oppose the EPA’s actions and the agency’s failure to meaningfully consult with the Tribe in its decisions.”
Photos: Lost Urban Creeks’ youth program engaging in water quality monitoring projects across Puget Sound. Courtesy Puget Soundkeeper.
Stronger Water Quality Rule Instated—But Not Strong Enough
In 2022, the EPA issued a final rule on Washington Water Quality Standards and returned to the 2016 standards intended to protect people from toxic pollution.
The final rule is based on solid science, but the work to protect Washington’s fishable waters and the communities that depend on fish and shellfish is far from over. EPA must continue with separate and prompt action to establish criteria for Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA), especially if Washington’s Department of Ecology fails to quickly address these toxic, bioacumulative pollutants.
Fishable Waters and Environmental Justice
Tribal members, Asian and Pacific Islanders, and recreational fishers in Washington eat significantly higher amounts of fish and shellfish compared to other populations. Commercial fishing families also eat higher-than-average amounts of seafood. These groups are more at risk when water quality standards are laxed.
In Washington, harvesting and eating fish is a “designated use” of our waters. This means it must be protected by water quality standards under the federal Clean Water Act. Washington State’s history, culture, and character are deeply connected to salmon and salmon fishing, resident fisheries, and shellfish harvest. EPA’s finalized rule for Washington water quality and human health reflects standards based on local use, local pollution issues, and local fish consumption.
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