Chapter 173-201A WAC (Natural Conditions)

Ecology adopted amendments to Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

We adopted amendments to the parts of the surface water quality standards that address natural conditions. We have natural conditions provisions because conditions in some water bodies naturally do not meet water quality criteria. For example, a naturally low-flowing stream in a natural prairie without any human alteration may have seasonally higher temperatures than the limit set to protect fish.

We added a new section and definition in rule to describe and reference a new method called a “performance-based approach” to determine natural conditions criteria values. Next year, we'll provide another opportunity to comment on a revised draft of the performance-based approach document that is referenced in the adopted rule. We plan to finalize this document in 2025.

In addition, we adopted the following changes:

  • Updated minimal allowances for local and regional human impacts to fresh and marine waters for dissolved oxygen and temperature when the natural conditions represent the water quality criteria. We also added a definition for "local and regional sources of human-caused pollution."
  • Updated the natural conditions criteria language to limit use to aquatic life criteria and described methods for determining natural conditions criteria values.
  • Updated how site-specific analyses must be conducted and other minor changes to the site-specific criteria section to reflect the latest guidance.

Rulemaking timeline

Timeline

Announcement phase (CR-101)

Filing date:
Sept. 27, 2022


Announcement documents

Rule development phase

Sept. 27, 2022 - early 2024

Public input & involvement

April 23, 2024 – Preliminary Rule Webinar

During this workshop, we presented draft rule language and share our plan to include a method to calculate natural conditions criteria. We then opened it up for questions and informal feedback. We welcome feedback on our preliminary changes as we prepare a draft rule proposal for public comment later this spring.

View presentation slides (pdf)

March 1 and 2, 2023 – Public Informational Webinars

We hosted an informational webinar for the rulemaking to update our natural conditions provisions in the surface water quality standards, chapter 173-201A WAC. During this webinar, we provided an overview of:

  • Natural conditions provisions – what they are and what they protect
  • Importance of natural conditions in Washington
  • Options and scope of the rulemaking
  • Timelines and opportunities for public participation

View presentation slides (pdf)

Workshops offered via webinar allow individuals to view the presentation and ask questions via computer or mobile device.

Rule proposal phase (CR-102)

Filing date:
May 10, 2024

Rule proposal documents:

Comment period

Comments accepted from 12 a.m. on May 10, 2024, until 11:59 p.m. on July 26, 2024 (extended)

See above for documents related to the Proposal Phase of the rulemaking.

Read comments

Public hearings

We held two public hearings on this rulemakings. The hearings began with a short presentation and question and answer session, followed by the opportunity to provide testimony. The hearings concluded once everyone who wanted to provide testimony had the opportunity to do so. Written comments received the same consideration as oral testimony.

  • Thursday, June 27, 2024, 1:30 p.m.
  • Tuesday, July 2, 2024, 5:30 p.m. 

View the presentation slides

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 April 1, 2024, at:

Continuance filing (CR-102)

Filing Date:
July 11, 2024

Continuance documents:

Comment period

Comments are due by 11:59 p.m. on July 26, 2024 (originally July 12, 2024)

Read comments

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)

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.