Rulemaking - Human Health Criteria, Chapter 173-201A WAC

Ms. Koberstein, 

Attached, please find the Makah Tribal Council's formal comments and government to government communication on the Department of Ecology's Rulemaking - Chapter 173-201A Water Quality Standards for Surface Waters of the State of Washi...↓ngton. 

If you have any questions, please contact Chris Martinez, Makah Tribal Council Chief of Staff, cc'ed above. 

Thank you, 

Liliana 

Liliana Elliott

Ziontz Chestnut LLP

2101 4th Avenue #1230

Seattle, WA 98136

Office: (206) 448 1230

Cell: (443) 752 5552

Dear Ms. Koberstein,

I am in favor of the proposed rule content posted at https://ecology.wa.gov/getattachment/12525aee-d68c-41cc-b6b7-1fa07a1af228/OTS-5866"For-Filing.pdf; with the following additional notes:

I maintain that human health criteria shou...↓ld be based on and reflect what's acceptably low toxicity - usually considered to be the cancer risk level of one case in a million, although some other biological effects (e.g., teratogenicity) may be relevant for some pollutants; and accurate consumption rates must factor into establishment of those criteria. Effluent treatability and economics may factor in how the Department of Ecology addresses criteria exceddances, but should not be factors in determination of safe concentrations.

With regard to arsenic, noting the criteria are for inorganic only: A cursory survey of a number of papers on arsenic in seafood finds repeated assertions that organic arsenic is non-toxic, or so low in toxicity as to not be a human health issue. Taylor et al. (2017)* suggest both that that's not entirely the case, and that there are large data gaps regarding organic arsenic toxicity. Clearly not enough time to bear on the current Rule update, but it appears that in the long run HHC for organic arsenic may be warranted as well.

• Taylor, Vivien, Britton Goodale, Andrea Raab, Tanja Schwerdtle, Ken Reimer, Sean Conklin, Margaret R. Karagas, and Kevin A. Francesconi. 2017. Human exposure to organic arsenic species from seafood. Science of The Total Environment 580:266-282.

Sincerely,

David Batts

These are my personal comments, not representing any other entity.