Earthjustice, representing a number of environmental groups, sued EPA on Friday alleging that EPA is in violation of the Clean Water Act because it has not finalized the draft rule it published back in September that set water quality standards for toxics in Washington based on higher fish consumption rates. This lawsuit is not a surprise, because it came after the requisite 60-day notice was sent to EPA back in December. It is also not the first time this group of plaintiffs have sued EPA with respect to this issue, having done so more than two years ago. That lawsuit was dismissed on summary judgment.

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Yesterday, following quickly on the heels of Governor Inslee’s withdrawal of Washington’s version of the fish consumption rule, EPA released draft water quality standards for toxics for Washington. These standards, if adopted, are significantly more stringent than those Ecology had proposed.

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On Monday, right at the start of this year’s legislative session, Ecology filed its proposed rule that will–if adopted–result in adoption of new Water Quality Standards in Washington that account for high rates of fish consumption in this state.

What has changed as compared to the preliminary draft rule?

Not much, and nothing of

EPA Region 10 just released its Record of Decision (ROD) for the Duwamish River Superfund Site. This is the next step in the cleanup process for the Lower Duwamish River, and documents EPA’s selected remedy for the site. It comes on the heels of EPA’s Proposed Plan for the Duwamish, issued in February 2013.