State energy panel: Land-use zone allows oil terminal

EFSEC stresses Tesoro-Savage plan not a done deal

By Aaron Corvin, The Columbian, July 15, 2014

The site where Tesoro Corp. and Savage Companies want to build the Northwest’s largest oil-by-rail terminal in Vancouver is appropriately zoned for such a purpose, the state panel reviewing the proposal decided Tuesday.

But that doesn’t mean the companies will be allowed to launch a rail-and-river operation handling as much as 380,000 barrels of crude per day at the Port of Vancouver, according to the state Energy Facility Site Evaluation Council.

During its regular public meeting in Olympia that was accessible by telephone, the evaluation council voted 8 to 1 to settle what it described as a very narrow question: Does the city’s heavy industrial zone at the port allow for such uses as the oil transfer terminal proposed by Tesoro and Savage?

And while the evaluation council answered “yes,” it also went to great lengths to point out that the question of whether the companies should actually get to build and operate their project is far from settled.

Approval of a narrow land-use consistency matter “does not, by any means, translate into an approval of the proposed project,” Bill Lynch, chairman of the evaluation council, said Tuesday.

The council’s decision was unfavorable to the city of Vancouver. The city had asked the council to put off deciding the land-use consistency issue until the analysis of the oil terminal’s environmental impacts is finished. Bryan Snodgrass, principal planner for the city who was appointed to serve on the evaluation council during the review of the Tesoro-Savage proposal, cast the lone “no” vote Tuesday.

At the same time, the evaluation council’s decision enables the companies to take another small step forward in a slow, grinding environmental-impact review process that looks like it will stretch on further.

Although state law says the evaluation council has one year to make its recommendation on a large energy-project proposal — and gives Gov. Jay Inslee another 60 days to accept, reject or send the proposal back to the council — the law also provides for extensions.

During the hearing, Sonia Bumpus, a specialist for the evaluation council, said the Tesoro-Savage permit application, filed in late August, is nearing its one-year anniversary. A lot more work needs to be done, she said, so more time will be needed.

Language added

The evaluation council also agreed to put language in its land-use consistency approval making it clear that people may still raise numerous concerns about the proposed oil terminal, including everything from potential oil spills and fire risks to negative impacts on neighborhoods and city services.

The language was included in response to remarks by Snodgrass, who said he had concerns with an “unqualified” finding that the Tesoro-Savage proposal fits the city’s zoning rules. Other evaluation council members agreed, saying the zoning approval should be construed narrowly and not taken as a dismissal of environmental-impact and community concerns.

The council’s decision followed a May 28 hearing during which it heard arguments over the land-use consistency issue.

Jay Derr, an attorney for Tesoro and Savage, had argued the land-use issue was a housekeeping matter. The evaluation council should allow the companies and the public to move immediately onto the project’s environmental impact statement, he said.

The city argued otherwise, saying the oil terminal doesn’t automatically comply with the city’s land-use rules and policies. It’s not possible for the city or the evaluation council to decide the land-use matter “without knowing the full extent” of the project’s environmental impacts, Bronson Potter, city attorney for Vancouver, said.

Although the Tesoro-Savage proposal moved forward Tuesday, it still has a long way to go.

The evaluation council’s decision-making process is complex, involving multiple permit reviews, a detailed environmental-impact analysis, many opportunities for public comments and an adjudicative process where arguments fly in an atmosphere not unlike that of a trial court.

The city of Vancouver, which opposes the oil terminal, could still ask the evaluation council to reconsider signing off on the oil terminal’s compatibility with city zoning, in light of the draft environmental impact statement.

And it could present other evidence against the Tesoro-Savage proposal during hearings. Likewise, the companies will be able to push back, presenting their own arguments and evidence.

The evaluation council will eventually make a recommendation to Inslee, who has the final say. Even then, opponents could still appeal the governor’s decision to the state Supreme Court.

Larsen Fights to Protect Bristol Bay, Washington State’s Fishing Industry

Source: Rep. Rick Larsen

 

WASHINGTON—Rep. Rick Larsen, WA-02, continued to fight to protect Bristol Bay and Washington state’s fishing industry today by opposing a bill that would restrict the Environmental Protection Agency’s (EPA) ability to use the Clean Water Act to prevent environmentally harmful projects from going forward.
 
The House Transportation & Infrastructure Committee considered H.R. 4854, the Regulatory Certainty Act, which would impact EPA’s ability to act on its determination that the Pebble Mine would threaten the health of Bristol Bay in Alaska.
 
Larsen urged his colleagues to vote against the bill, though the committee passed the bill by a vote of 33-22.
 
“When EPA announced its decision to halt the Pebble Mine near Bristol Bay, its action was based on three years of scientific study that concluded the mine would endanger the health of the world’s largest sockeye salmon fishery.
 
“Thousands of Washington fishers and processors depend on this vibrant fishery. This year alone, fishers have caught more than 27 million sockeye and the season is still going strong.
 
“Many of the fishers in these waters are small business owners who rely on this vital natural resource to make a living. These small businesses add up to major economic impact in Washington state, where the Bristol Bay Fishery supports 73,000 jobs.
 
“Our small business owners should not have to fish under the shadow of having their livelihoods wiped out by a mine that science has told us could have devastating impacts.
 
“I told my colleagues that if they pass this bill, they should enjoy eating sockeye now while it’s still available. I am disappointed this bill moved forward, and I will continue urging my colleagues to let the EPA do its job and protect Washington state’s fishing industry,” Larsen said.
 

Number Of Gonorrhea Cases Increasing Outside Urban Hubs

By: Jessica Robinson, NW News Network

 

Public health officials in the Northwest say they’re seeing gonorrhea infections at levels they haven’t seen in years. Three counties in Washington state are now in the midst of an outbreak. Parts of Oregon and Idaho are set to top even last year’s high numbers.

Gonorrhea bacterium
Credit Centers for Disease Control and Prevention

 

And health departments are seeing some unusual trends in the data.

Washington public health officials say King County often drives statewide trends, just through the sheer heft of Seattle’s urban population. But the 31 percent increase in gonorrhea cases over last year has largely been from spikes in Snohomish, Spokane and Yakima counties.

Oregon is seeing increases in unexpected places too.

“We’ve seen during the last year and a half increases in counties that are more rural than our metropolitan area of Portland,” the Oregon Health Authority’s Dr. Sean Schafer said.

That includes places like Jackson, Douglas and Lane counties. Schafer said he hasn’t seen such a high overall gonorrhea in Oregon since the early ’90s.

Idaho’s usually low gonorrhea numbers have risen dramatically as well. The infection rate around the Boise area has more than doubled since just two years ago.

North Idaho, far southwest Idaho and the Magic Valley have also sharp increases. The cause remains a mystery. One theory is the cyclical nature of the disease, another points to the higher rate of meth use in some rural areas.

Health departments are working with doctors to increase screening for the disease and are encouraging people to practice safe sex.

The Northwest’s rates – at around 20-50 cases per 100,000 people – are still better than the rest of the country, which hovers around 100 per 100,000 people. But health officials say the increase comes at a time when there are signs gonorrhea bacteria could become resistant to the last remaining oral antibiotic treatment.

People who get gonorrhea — and women in particular — may have few symptoms. If left unchecked, it can cause pelvic inflammatory disease in women and increase the risk of tubal pregnancy. In both men and women, it has lead to infertility in rare cases.

Five Students Earn Scholarships from Northwest Indian Bar Association

Richard Walker, Indian Country Today

 

BAR ASSOCIATION SCHOLARSHIPS: Five Native students attended law school in 2013-14 with support from the Northwest Indian Bar Association.

This year’s scholarship recipients:

Charisse Arce, Native Village of Iliamna, Seattle University School of Law.

Tiffany Justice, Couer d’Alene, University of Idaho.

Rhylee Marchand, Colville, University of Idaho.

Ashley Ray, Muscogee Creek Nation, University of Idaho.

Cara Wallace, Ketchikan Indian Community, University of Arizona.

The NWIBA offers scholarships every year to Native law students in Alaska, Idaho, Oregon and Washington—the deadline is in November—and offers bar-exam stipends in June. For more information, visit the website or contact Lisa Atkinson, Northern Cherokee/Osage, nwibatreasurer@gmail.com.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/07/13/five-students-earn-scholarships-northwest-indian-bar-association-155734

Getting tougher on water pollution standards … but will the water really be cleaner?

Washington’s clean-water regulations to ensure the safety of eating fish from local waters are indefensibly lax, everyone agrees. That’s about to change, but without broader cleanup, water will still be polluted.

 

PREV 1 of 3 NEXTNew proposed water-quality standards expected to be issued soon by the state are intended to more accurately reflect how much fish people eat. These fishermen were trying their luck for salmon running in the Duwamish River last September.Enlarge this photoMARCUS YAM / The Seattle Times, 2013New proposed water-quality standards expected to be issued soon by the state are intended to more accurately reflect how much fish people eat. These fishermen were trying their luck for salmon running in the Duwamish River last September
New proposed water-quality standards expected to be issued soon by the state are intended to more accurately reflect how much fish people eat. These fishermen were trying their luck for salmon running in the Duwamish River last September.
MARCUS YAM / The Seattle Times, 2013

 

By Linda V. Mapes, Seattle times

 

Eat only as much fish as the state assumes you do every day, and you’d starve, for sure: It’s a chunk not much bigger than a Starburst candy.

But that could be about to change, under new regulations in the works at the state Department of Ecology. Washington seems likely to follow Oregon’s lead and set a water-quality standard for daily fish consumption at 175 grams, or about 6 ounces, per day.

The level is set not to regulate how much fish people eat, but how clean water needs to be. The standard sets pollution cleanup and control limits for industry, municipal sewage plants and other dischargers to local waters.

While it sounds like a modest step forward, implementing more realistic fish-consumption standards — Washington’s current standards are based on an outdated national average — has been a battle, chewing up years of effort and the political capital of two governors.

That’s because municipal sewage plants, pulp mills and other dischargers fear the cost of tighter pollution standards. Boeing famously entered the fray last year in widely reported warnings about the potential effect of unreasonable standards on its continued business operations.

“We support a water quality standard that protects human health and the environment, while at the same time, allows for the growth of our business and the state’s economy,” Boeing spokeswoman Megan Hilfer wrote in a statement to The Seattle Times in an email July 1.

No one contests that the new levels will in some cases result in setting pollution-discharge limits too tiny even to measure with existing technology.

Gov. Jay Inslee and the state Department of Ecology are expected to announce the new proposed standard Wednesday and to work toward issuing a draft rule after that. The regulations will go through a lengthy public-comment period and be finalized only with the approval of the U.S. Environmental Protection Agency, probably sometime next year.

The importance of water-quality standards to human health is well known, especially to people who eat a lot of fish. Because pollutants find their way from the uplands to the water, ultimately everything, for better or worse, winds up in the tissues of fish. Pollutants such as mercury and PCBs can cause a variety of serious illnesses and impairments, from cancer, to permanent IQ reduction in children. Pregnant women, the young and the frail are most at risk.

As the state develops commercially, the abundance of healthy fish from the state’s home waters has been slipping away. Toxics are just part of the problem. Habitat, every scientific report on salmon recovery shows, is the most important thing to securing abundant runs of fish for people and wildlife.

Yet the state is losing ground, literally, in runoff caused by development of uplands and cutting of forests.

And even as Seattle and King County water and sewer ratepayers spend hundreds of millions of dollars to clean up Puget Sound, the city of Victoria, B.C., continues to spew untreated sewage directly into the Salish Sea — prompting a dust-up with Inslee, but still no resolution of the problem.

Inslee inherited the fish-consumption wrangle from former Gov. Chris Gregoire, who failed to implement new regulations amid scorching opposition from businesses. As the struggle to get the standards updated roils behind the scenes in Washington, regulators in Oregon, and business leaders, are carrying on with that work behind them.

The Oregon Department of Environmental Quality has issued dozens of discharge permits since updating its standards in 2011, including permits for more than a half-dozen municipalities, a meatpacking plant and other industrial users. The path forward in Oregon required implementation of flexibility in setting timelines for compliance and variances, said Jennifer Wigal, water-quality program manager at the department.

A similar approach is in the works in Washington. Kelly Susewind, director of Washington Department of Ecology’s water-quality program, charged with drafting the regulations, said he wants to take the five-year time limits off compliance schedules and variances, to give regulators and dischargers a way to work out realistic solutions under new, more exacting standards.

Dennis McLerran, regional administrator for the Region 10 office of the U.S. Environmental Protection Agency, whose approval is required for Ecology’s regulations, said he backs flexible implementation.

“We are interested in working with the state on a package of implementation tools that includes compliance schedules, variances, intake water credits, even how you look at some chemicals. But we want to make progress. Otherwise, why do it?”

One place he is not inclined to budge, though, McLerran said, is cancer risk, because implementing a higher risk would allow bigger inputs of some pollutants to local waters. That could put people who eat a lot of fish at higher risk — and compromise treaty-protected fishing rights.

“Some of our high fish consumers when they signed on to transfer (their) lands, signed on to continue to harvest and eat fish, and when and if they can’t, then the treaty right is a bit vacuous,” McLerran said.

“From my perspective we want a standard that is protective, and protective of all people.”

A daily consumption standard of a little over 6 ounces of fish as set forth by Oregon — the highest standard in the country — is less than a typical half-pound filet an adult would have for dinner. And it’s a snack, compared with the estimated 2.2 pounds a day that the ancestors of Washington tribes were counting on when they signed the treaties with the U.S. government ceding tribal lands for non-Indian settlement.

People shouldn’t be afraid to eat fish now, Susewind said. The increased risk of cancer from eating fish today is almost zero — compared with a background risk of cancer from all causes of about 1 in 2 for men, or 1 in 3 for women.

And many common foods, from butter to chicken to tuna, have more PCBs in them than Puget Sound coho, according to an Ecology analysis.

The ubiquity of pollution is one reason Christie True, director of King County Natural Resources and Parks, said she hopes new state regulations don’t just crank down on pollutants at tiny levels in sewage discharges and other so-called point sources, but instead go after bigger sources of trouble in Puget Sound, including stormwater.

Just making compliance schedules workable doesn’t address the problem if the regulations misdirect spending and effort, she said.

“We want to make sure whatever investments we are making make a substantial improvement in water quality,” True said. “If we just focus on the point-source discharge, we are missing huge opportunities. All of these things, arsenic, PCBs, dioxins, those are coming through our watershed through street runoff and rain runoff, these are getting washed into our water without any kind of control.”

Dianne Barton, water-quality coordinator for the Columbia River Inter-Tribal Fish Commission, which pushed Oregon to get started on updating its standards, and is deeply involved with other Washington tribes in setting new standards in Washington, said tribes want progress, but not at any price.

In many rural and suburban areas of the Northwest, tribes are among the largest employers, running all kinds of industries themselves, and they want cost-effective solutions that make a true difference too, Barton said.

“The tribes have always believed that this is not something we are going to achieve overnight,” Barton said. “We can get creative.

“Whether as we move forward that includes variances or resources we haven’t developed yet, we are committed to being actively engaged so we can move the (Columbia) Basin forward.”

Poll: More Northwest Residents Support Coal Export

A new DHM Research survey of Northwest residents finds that support for coal exports through the Northwest is up from where it was last year, when the issue was the subject of public debate and news coverage. | credit: Heidi Nielsen/GoodWorks
A new DHM Research survey of Northwest residents finds that support for coal exports through the Northwest is up from where it was last year, when the issue was the subject of public debate and news coverage. | credit: Heidi Nielsen/GoodWorks

 

By Courtney Flatt, Northwest Public Radio

 

More people in the Northwest support coal export terminals than oppose them. Those are the results of a new survey. But people who took the survey didn’t feel very strongly about why they supported coal exports.

For the third year in a row, a public opinion poll for EarthFix asked Northwest residents how they felt about transporting coal through the region. That coal would then be exported to Asia.

DHM Research surveyed 1,200 residents in Washington, Oregon and Idaho from June 25-30. The poll found 47 percent of Northwest residents say they support coal exports. That’s up a little bit from last year’s survey, which showed 41 percent or respondents supporting coal exports. 34 percent opposed Northwest coal exports, and 19 percent didn’t know.

John Horvick, DHM Research director, said many people who responded didn’t have very strong opinions about why they support coal terminals. Those reasons include supporting local economies and more property tax revenue.

“These arguments aren’t quite as persuasive as they were in the past. Maybe people are becoming a little bit more cynical, they’ve heard them before, or they’re asking some questions, or the landscape has changed on the issue,” Horvick said.

The survey also found many people aren’t paying close attention to the issue, Horvick said, another possible reason they don’t feel very strongly about why they support coal export terminals.

One survey respondent who felt strongly about opposing coal export terminals was Robert Schuman. The Pullayup, Washington, resident is a 32 year old truck driver. He said he’s not necessarily opposed to coal, but he doesn’t like it being shipped to Asia.

“I don’t like the coal going over there mainly because they don’t have any environmental controls. It’s getting pumped out in the air over there without even basic scrubbers or anything like that. It’s just pumping ash in the air,” Schuman said.

Environmental groups look at less intense support as good news to their cause. They say as people learn more about coal exports, they start to support them less.

Kerry McHugh, Washington Environmental Council spokeswoman, said exporting coal would harm communities along the railroads and where terminals are built.

“It just really starts to add up that it’s not worth it,” McHugh said.

Over the past three years surveys have shown public support for exporting coal dipped as state agencies hosted large meetings and reviews about the terminals.

Fewer meetings took place this year. Support has risen. Opposition has stayed about the same.

Kathryn Stenger is with the Alliance for Northwest Jobs and Exports. The industry-backed group supports coal terminals.

She says one of the main reasons more people are supporting coal exports:

“It’s trade-related jobs in Washington State that are at stake here,” Stenger.

The survey had a margin of error of 2.8 percent.

There are now three proposed export terminals in the Northwest.

5 Things To Know Before Washington Marijuana Stores Open

Legal recreational marijuana goes on sale for the first time in Washington on Wednesday.Brandan Schulze / USDA
Legal recreational marijuana goes on sale for the first time in Washington on Wednesday.
Brandan Schulze / USDA

Source: OPB

 

Tuesday will be the first day that Washington stores can legally sell recreational marijuana. Even though the state has been preparing for this day for nearly two years since it passed Initiative 502, it still could be unclear to some people exactly what the rules surrounding pot are.

Here are some answers to the biggest questions that will arise when pot officially goes on sale this week:

Who can buy marijuana and how much can they possess?

Anyone over the age of 21 can legally buy and consume cannabis in Washington. Yes, that includes non-Washingtonians too. The state’s Liquor Control Board, which is responsible for overseeing the implementation of I-502, says it plans to keep a close eye on retailers so the drug doesn’t end up in the hands of anyone underage. Stores selling marijuana even have to post signs saying that’s what their business does and no one under 21 is allowed to enter.

Adults who can legally buy marijuana can purchase up to 1 ounce of plant material or 72 ounces of marijuana-infused liquid, such as oils. It’s also legal to buy as much as 16 ounces of edible pot products, such as cookies or brownies, but officials at the state Liquor Control Board say no vendors in the state have yet obtained all of the licenses necessary to sell edibles — so, they won’t be in stores initially.

Where will marijuana be on sale?

The state issued 24 licenses to retailers across the state on Monday. WLCB officials alerted the stores via email early in the morning that they could begin receiving product from growers. More stores should receive their licenses on a rolling basis after Monday. The state has said it plans to issue a maximum of 334 store licenses in the first year, and has compiled a list of lottery winners for those permits.

Of the nearly 200 stores in Seattle that applied for a license, only one — Cannabis City — received approval Monday morning. State officials say that’s because many stores there simply failed to meet licensing requirements in time. Customers near Puget Sound will also have options available in Bellevue and Tacoma. Elsewhere in the state, stores could open as soon as Tuesday in Bellingham, Kelso and Spokane. The full list of retailers who received the state’s first licenses is available online.

Locally, two stores in  Vancouver made the licensee list and will open their doors to customers this week: Main Street Marijuana and New Vansterdam. The Columbian reports that the former plans to open its doors to customers on Wednesday after a ribbon cutting ceremony with Mayor Tim Leavitt. They want to open their doors around 11 a.m. New Vansterdam is shooting for grand opening on Friday.

Where is it legal to use marijuana?

This is an area where it’d be easy for marijuana users to run afoul of the law. I-502 makes it illegal to consume pot in public view. That means no visits to nearby parks, no smoking in your vehicle, and definitely no sampling product inside a marijuana retailer. The Seattle Police Department gives a good rule of thumb and describes it like open alcohol container laws. Basically, don’t use pot anywhere you’re not specifically allowed to do so. You may not get arrested just for public consumption, but you can receive a fine.

And while we’re on the topic of consumption, Oregonians and other out-of-staters should be aware that crossing state lines with Washington pot isn’t legal. I-502 does allow residents of other states to buy cannabis, but it has to be consumed in the state. If you try to take pot out of Washington, expect to face the penalties for drug possession in whatever state you enter.

Will legal marijuana be cheaper than stuff on the black market? 

No, at least not initially. Supply is still pretty limited in the state, which means that demand — aka prices at the register — are probably going to be steep.

So, what kind of prices can users expect in the early days? That’s likely to vary from store to store. Ramsey Hamide, manager of Main Street Marijuana in Vancouver, told the Columbian he expects initial prices on their shelves to be “maybe $90 to $100 for a 4-gram bag and $45 to $50 for a 2-gram bag.”

But Hamide also said he expects those prices to go down to near street costs in the weeks and months after the first sales as growers throughout the state begin to meet demand.

Does I-502 change state DUI laws?

It’s still illegal to drive while under the influence of marijuana or any other intoxicant. If you get pulled over by an officer, they can conduct a field sobriety test on you to see if you’re intoxicated. Because there aren’t yet any fancy tools  — such as a Breathalyzer for alcohol — to figure out if you’re high, the officers can take you back to the station and seek your permission for a blood test if they think you’re driving high. That goes for medical marijuana too. And if a driver gets in an accident while driving high, those blood tests are mandatory.

Much like Washington’s blood alcohol content limit of 0.08, anyone caught with a blood concentration greater than 5 nanograms of THC (the active compound in marijuana) will be given a citation for driving under the influence.

Other questions

There are lots of questions that aren’t answered by this list. The sale of recreational pot is relatively uncharted water in the U.S., and the legalization in Washington is different in many ways to the legalization in Colorado. The best source for answers to questions on pot sales in the state is the Liquor Control Board’s website.

Would-Be Customers Eagerly Await Pot Store Openings

By Austin Jenkins, NW News Network

The first legal marijuana stores in Washington are scheduled to open Tuesday. The Liquor Control Board issued the first 24 retail licenses early Monday.

Rick Stevens stopped by 420 Carpenter, a marijuana retail location in Lacey, Washington, to see if it was open yet. The retired TSA worker is looking forward to making some homemade edibles and listening to Pink Floyd.
Credit Austin Jenkins / Northwest News Network

 

But state officials warn of high prices and short supply in the beginning. Even so that’s not keeping away some would-be customers.

420 Carpenter is a recreational marijuana retail location that has received its license – one of the first in the state. There’s a surveillance camera out front. The deadbolt is locked. And nobody is answering knocks at the door.

The location seems out of the way in the back of an office park.

Bobby Johnson, who was scouting this location on behalf of some local users of the social networking site Reddit, said, “It’s very nondescript, but I’m sure everyone will know where it’s at very soon.”

The store’s owner said he plans to open on Friday. Johnson said he’d like to be one of the first customers.

“I might drive by and see if there’s an insane line,” he said. “If there’s not then, yeah, I probably will.”

Another would-be customer, retiree Rick Stevens, said he has used marijuana medically for a bad back. Now he’s ready to become a recreational user.

“It makes food taste better and music seems to sound better and all of those things,” he said.

But Johnson said, “I’m a little more excited about the edibles — once that becomes available. I’m not really a big smoker.”

Eventually, legal pot shops will sell edibles. But that part of Washington’s nascent legal, recreational marijuana marketplace isn’t ready yet. For that matter, much of the legal pot crop isn’t either.

Randy Simmons, deputy director of Washington Liquor Control Board, called it “a real issue,” and he expects some grumbling.

“I would just say give it time,” he said. “This is day one of this infant starting to walk.”

Simmons also said the state will be running stings to make sure stores don’t sell to underage customers.

A Wonky Decision That Will Define the Future of Our Food

Governor Inslee Is Now Weighing the Acceptable Cancer Rate for Fish Eaters Against Business Concerns

By Ansel Herz, The Stranger

 

Levi Hastings
Levi Hastings

 

Washington State has two choices: a 10-times-higher rate of cancer among its population, particularly those who eat a lot of fish, or a bedraggled economy. That is, assuming you believe big business in the long-running and little-noticed debate over our “fish consumption rate,” a debate that Governor Jay Inslee is expected to settle, with significant consequence, within the next few weeks.

The phrase “fish consumption rate” sounds arcane and nerdy, for sure, but it really matters, and here’s why: There are a plethora of toxic chemicals—things like PCBs, arsenic, and mercury—that run off from our streets, into our waters, and then into the bodies of fish. The presence of those pollutants puts anyone who eats fish (especially Native American tribes and immigrants with fish-heavy diets) at higher risk of developing cancer.

Knowing this, the state uses an assumed fish consumption rate (FCR) to determine how great cancer risks to the general population are and, in turn, to set water-cleanliness standards that could help lower cancer rates. Currently, Washington’s official fish consumption rate is just 6.5 grams per day—less than an ounce of fish. Picture a tiny chunk of salmon that could fit on your fingertip. That’s how much fish the state officially believes you eat each day. But that number is based on data from 40 years ago. Everyone admits it’s dangerously low and woefully out of date.

Three years ago, Oregon raised its FCR up to 175 grams (imagine a filet of salmon), the highest in the nation. Now it’s up to Governor Inslee to update Washington’s FCR. Jaime Smith, a spokesperson for the governor, says he’ll make the final call in the next few weeks. Meanwhile, as with anything else, there are groups lobbying Inslee on either side. The business community—including heavyweights like Boeing, the aerospace machinists, local paper mills, the Washington Truckers Association, and the Seattle Chamber of Commerce—want our FCR to be lower. In a letter to Inslee on April 1, they warned that a higher FCR would result in “immeasurable incremental health benefits, and predictable economic turmoil.” In other words, the letter says, a one-in-a-million cancer risk for people who eat a lot of fish would hurt the economy, while a one-in-a-hundred-thousand risk is more reasonable.

Smith, the governor’s spokesperson, says the governor wants to raise the FCR in a way “that won’t cause undue harm to businesses. Obviously business has a stake in this.”

But, Smith says, “at the same time, we have people who eat a lot of fish.” Businesses have hired consultants who’ve painted worst-case scenarios, she explains, “that probably aren’t realistic.”

At the end of the day, does the governor’s office have any evidence that raising the fish consumption rate would actually kill jobs? “Not necessarily,” Smith says. She hinted that Inslee will raise the rate to a number close to Oregon’s.

In fact, businesses like the Northwest Pulp and Paper Association made the same dire predictions before Oregon increased its FCR to 175 grams per day. What happened? “We are not aware of any business that has closed that was directly attributable to those rules,” says Jennifer Wigal, a water quality program manager for the Oregon Department of Environmental Quality. Were there job losses? “Not that I’m aware of,” she says. Broadly, Oregon employment rates have continued to trend upward since the recession, while the job availability in the paper and pulp industry, she says, has long been slowly declining.

Opposite the business community are Native American tribes, environmental groups, public-health experts, and the Seattle Human Rights Commission. (In a strongly worded March resolution, the commission said the state should raise its fish consumption rate to same level as Oregon’s.) Jim Peters, of the Squaxin Island Tribe, says the waters of Puget Sound, where tribal members have always fished, need to be better protected from pollutants. “It’s part of our life,” he says. “It’s part of our culture.” The tribes are “pro jobs,” Peters says, but “Boeing has been unwilling to come and talk with us.”

This is a defining moment for Inslee: Where he sets this number, the FCR, will send another signal about his willingness to stand up to Boeing (after his support of $8.7 billion in taxpayer subsidies for the company last year). It will also show whether or not he’s serious about following through on his commitments to do battle on behalf of the environment, promises he ran on. So keep an eye out. And in the meantime, says University of Washington public-health professor Bill Daniell, don’t eat the fish near Gas Works Park.

More Than 15 Oil Trains Per Week Travel Through Washington

By Tony Schick, OPB

The public learned Tuesday just how many trains are hauling oil from North Dakota through Washington:

Fifteen per week through 10 different counties, according to railroad notifications released by the Washington Military Department.

Klickitat County in south-central Washington sees the most traffic, with 19 trains of over 1 million gallons per week passing through. Adams, Franklin, Skamania and Clark counties each have a listed count of 18 trains per week. More than 10 trains per week also pass through King, Pierce, Snohomish and Spokane counties.

The notifications were provided as part of an emergency order from the U.S. Department of Transportation, meant to ensure state regulators and emergency responders were well informed about the shipments of particularly volatile Bakken oil, which has been involved in a string of fiery explosions.

Those notifications became the subject of a transparency debate after the railroads asked states to sign nondisclosure agreements. Washington refused to sign the agreement, saying it would violate the state’s public records law. But upon receiving public records requests the state gave the railroads a 10-day window to seek court injunctions.

After no railroads sought injunctions, the state posted all of the records online Tuesday.

Three other railroads also filed notifications. Union Pacific informed the state it does carry enough Bakken crude — meaning no shipments of more than 1 million gallons or roughly 35 tank cars — to be required to disclose. Portland and Western Railroad carries trains three trains per week from Vancouver across the Columbia river and into Clatskanie, Oregon. Tacoma Rail handles three trains per week in Pierce County received from BNSF.

In Oregon, Union Pacific, Portland and Western and BNSF all filed notifications. Oregon has yet to decide whether it will release the information to the public. Richard Hoover, spokesman for the State Fire Marshal’s office, said a decision is still likely a week or more away.

 

 

Data Sources: BNSF, Energy Information Administration, National Bureau of Transportation Statistics, U.S. Census Bureau. Map by Jordan Wirfs-Brock, courtesy of Inside Energy.