Chapter 173-201A WAC (Human Health Criteria)
We propose updates to the human health criteria in Table 240 of WAC 173-201A-240, Toxic substances, to:
- Replace 173 state-adopted human health criteria for 73 pollutants that the Environmental Protection Agency (EPA) disapproved with the human health criteria and associated footnotes that EPA put into effect for Washington.
- Adopt as state law three human health criteria and associated footnotes for two pollutants that EPA put into effect for Washington that Ecology did not previously adopt state human health criteria for.
- Correct typographical errors in Table 240.
The federal human health criteria Ecology proposes to adopt as state law already serve as the required water quality standards for Clean Water Act programs in Washington. As a result, this proposed rule will not result in any change to water quality criteria already in effect.
Human health criteria are pollution limits on toxic substances that are set to protect people who eat fish and shellfish and drink untreated water from long-term health effects of pollution in rivers, lakes, and marine water in Washington.
Rulemaking timeline
Rule proposal phase (CR-102)
Sept. 17, 2024
- Proposal Notice - CR-102 form
- Proposed rule language
- SEPA - Determination of Non-Significance and Environmental Checklist
- Focus sheet
Comment period
Comments are accepted from 12 a.m. on Sept. 17, 2024, until 11:59 p.m. on Oct. 25, 2024.
We are starting this rulemaking at the rule proposal phase, which opens the formal public comment period. We are starting at the proposal phase because this proposed rule adopts, without change, federal regulations.
Ecology will review all comments received and plans for adoption in November or December of 2024. See above for documents related to the Proposal Phase of the rulemaking.
You can submit comments through one of the following ways:
- Submit comments online
- Mail to:
For standard US Mail:
Marla Koberstein
Department of Ecology
Water Quality Program
PO Box 47696
Olympia, WA 98504-7696
For Parcel Service:
Deparment of Ecology
Water Quality Program
Marla Koberstein
300 Desmond Dr SE
Lacey, WA 98503
- Attend a public hearing - see below
The hearings will begin with a short presentation and question and answer session, followed by the opportunity to provide testimony. The hearing will conclude once everyone who wants to provide testimony has had the opportunity to do so. Written comments will receive the same consideration as oral testimony.
Public hearing
- Tuesday, Oct. 22, 2024, 5:30 p.m. - Register for the webinar
Webinars are an online meeting forum that you can attend from any computer using internet access.
Any information (e.g., personal or contact) you provide may be publicly disclosed and posted on the Internet.
To request ADA accommodations, contact Ecology’s ADA Coordinator by Oct. 15, 2024, at:
- Phone: 360-407-6831 (voice)
- TTY: 877-833-6341 or 711 relay service
- Email:ecyadacoordinator@ecy.wa.gov
Related links
Contact information
Marla Koberstein (she/her)
Rulemaking Lead
marla.koberstein@ecy.wa.gov
360-628-6376
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.