Chapter 173-201A WAC (Aquatic Life Toxics Criteria)
Ecology adopted revisions to chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington. We adopted updates to WAC 173-201A-240 Toxic Substances, to:
- Add aquatic life toxics criteria for 14 new toxic substances.
- Update aquatic life toxics criteria for 16 toxic substances currently listed in Table 240 - Toxic Substances Criteria.
- Make minor, non-substantive edits to rule language in WAC 173-201A-240 to correct typographical, calculation, and formatting errors, and to cite federal regulations for human health criteria where they apply for Clean Water Act purposes.
We made revisions to aquatic life toxics criteria to provide additional water quality protection for organisms that live in water. As part of this rulemaking, we:
- Reviewed all of Washington’s current aquatic life toxics criteria to ensure they are consistent with nationally recommended water quality criteria issued by the Environmental Protection Agency (EPA).
- Evaluated pollutant protection levels for endangered species in Oregon and Idaho to develop state-specific protections for endangered species in Washington's water.
- Evaluated new scientific data, methods, and modeling tools to update protection levels necessary for aquatic life.
- Added new toxic substances to the water quality standards that EPA has recommended or that the state of Washington considers a high priority for the protection of aquatic life.
Rulemaking timeline
Announcement phase (CR-101)
Filing date:
June 22, 2022
Announcement documents
Rule development phase
June 22, 2022 - Fall 2023Public input & involvement
Oct. 10, 2023 - Preliminary rule webinar
We hosted a public webinar to discuss our current strategy to update the aquatic life toxics criteria. This is an opportunity to hear updates on the rulemaking and provide informal feedback to us.
During this webinar, we:
- Discussed rule progress and timeline
- Discussed the strategy for each aquatic life toxics criteria
- Provided a preliminary view of aquatic life criteria values
- Received feedback on preliminary proposal
View presentation slides (pdf)
April 20, 2023 - Informational webinar
We hosted a public webinar on our approach to this rulemaking and how we calculate new criteria.
Topics we covered during this webinar:
- How we calculate aquatic life toxics criteria, including using models
- Evaluating protective criteria under the Clean Water Act and Endangered Species Act
- Preliminary approach to developing criteria for pollutants with Endangered Species Act jeopardy calls
- Preliminary rule strategy and updates on rule progress
View presentation slides (pdf)
Oct. 27, 2022 - Informational webinar
We held an informational webinar for the rulemaking. During this webinar, we provided an overview of:
- Aquatic life toxics criteria – what they are and what they protect
- History of the criteria in Washington
- Strategy and scope of the rulemaking
- Timeline and opportunities for public participation
Rule proposal phase (CR-102)
Feb. 15, 2024
- Proposal Notice - CR-102 form
- Proposed rule language
- Draft Technical Support Document
- Draft Rule Implementation Plan
- Preliminary Regulatory Analyses
- SEPA Checklist and Determination of Non-significance
- Focus Sheet
Comment period
We accepted comments from 12:00 a.m. on Feb. 15, 2024, 11:59 p.m. on May 7, 2024. See above for documents related to the Proposal Phase of the rulemaking.
You can also view:
Public workshop and hearings
We held a public workshop on March 26, 2024. During the workshop, we gave a short presentation about the proposed rule, followed by a question and answer session. We did not take oral testimony at the workshop.
We held virtual hearings on April 4 and April 10, 2024. During the hearings, we gave a short presentation, answered questions, and accepted testimony
Rule adoption phase (CR-103)
Aug. 14, 2024
Sept. 14, 2024
Continuance filing (CR-102)
Filing date:
March 13, 2024
Continuance documents:
- Continuance of proposal notice – CR-102 form
- Public comment period EXTENDED
- SEPA Determination of Nonsignificance (DNS) and Environmental Checklist (extended public comment period)
Comment period
Comments are due by May 7, 2024 (originally April 17, 2024).
Related links
Contact information
Marla Koberstein
Rulemaking Lead
swqs@ecy.wa.gov
360-628-6376
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Accessibility
To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.