To access reports, studies, and court rulings referred to in this timeline,
visit Links and Resources.
1985
Washington Department of Ecology (Ecology) issued first report analyzing PCBs in the Spokane River. Based on 1980-1983 data, this was part of statewide screening-level surveys of contaminants in fish from rivers and lakes.
1994
Spokane Regional Health District (SRHD) issued a fish consumption advisory due to the presence of PCBs.
1996
Ecology 303(d) list of impaired waterbodies identified eight segments of the Spokane River that exceeded water quality standards for PCBs.
2001, 2003
SRHD and the Washington Department of Health (WDOH) updated the Spokane River fish consumption advisory.
2003-2004
Ecology drafted TMDL assessment for PCBs in the Spokane River.
2004
Ecology added an additional seven segments of the Spokane River to the 303(d) list for PCB pollutants. Collectively, 15 segments are on the 303(d) list.
2005
Ecology issued report PCBs, PBDEs, and Selected Metals in Spokane River Fish, 2005.
2006
Ecology issued a draft of the Spokane River PCBs Total Maximum Daily Load: Water Quality Improvement Report.
2007
Ecology issued the Spokane River PCB TMDL Stormwater Loading Analysis.
2007
Washington Department of Health issued report Evaluation of PCBs, PBDEs and Selected Metals in the Spokane River, Including Long Lake
2008
Washington Department of Health updated the Spokane River fish consumption advisory.
2008
Ecology 303(d) list of impaired waterbodies again identifies segments of the Spokane River that exceeded water quality standards for PCBs.
2009
Ecology released report Reducing Toxics in the Spokane River Watershed.
2009
Washington Department of Health updated the Spokane River Fish Advisory.
2011
Washington Department of Health issued report Potential Cumulative Health Effects Associated with Eating Spokane River Fish Spokane.
2011
Ecology issued report 2003-2007 Spokane River PCB Source Assessment.
2011
The Spokane River Toxics Task Force (Task Force) is formed with a goal “to develop a comprehensive plan to bring the Spokane River into compliance with applicable water quality standards for PCBs.”
2011
Ecology issued Spokane River NPDES permits to the Liberty Lake Sewer and Water District, Kaiser Aluminum, Inland Empire Paper, Spokane County and the City of Spokane. Key points include:
- If Ecology determines that the Task Force is failing to make measurable progress toward meeting applicable water quality criteria for PCBs, Ecology would be obligated to proceed with the development of a TMDL in the Spokane River for PCBs, or determine an alternative to ensure water quality standards are met.
- Requirement to participate in the Task Force.
- No numeric effluent water quality limits for PCBs.
2011
Sierra Club initiated a lawsuit against the Environmental Protection Agency (EPA) asserting that Ecology abandoned the Spokane River PCB TMDL and thereby triggered EPA’s duty to prepare a Spokane River PCB TMDL.
2012
Task Force Memorandum of Agreement (MOA) signed. The MOA states that “The goal of the Task Force will be to develop a comprehensive plan to bring the Spokane River into compliance with applicable water quality standards for PCBs.” Development of a work plan was to include an “Approach for preparing recommendations to control and reduce point and nonpoint sources of PCBs and other toxics, on the Washington 2008, Category 5, 303 (d) list, to the Spokane River.”
2012
Spokane Tribe of Indians declines to sign Task Force Memorandum of Agreement.
2012
Spokane Tribe of Indians declines to participate in Task Force
2012
Ecology released Spokane River Toxics Reduction Strategy.
2012
Ecology released report Urban Waters Source Investigation and Data Analysis Progress Report: Source Tracing for PCB, PBDE, Dioxin/Furan, Lead, Cadmium, and Zinc (2009-2011)
2014
Ecology issued a “measurable progress definition.” Ecology reiterated that it is obligated to pursue other means and methods to meet PCB water quality criteria, including creating a PCB TMDL, when the Task Force fails to make “measurable progress” toward achieving the criteria.
2015
In response to the Sierra Club lawsuit, US District Judge Barbara Rothstein:
- Directed EPA to file within 120 days of the order date “… a complete and duly adopted reasonable schedule for the measuring and completion of the work of the Task Force, including quantifiable benchmarks, plans for acquiring missing scientific information, deadlines for completed scientific studies, concrete permitting recommendations for the interim, specific standards upon which to judge the Task Force’s effectiveness, and a definite endpoint at which time Ecology must pursue and finalize its TMDL.”
- Ruled that EPA cannot substitute the Spokane River Regional Toxics Task Force for a TMDL.
2015
EPA, in response to US District Court, issued “Plan for Addressing PCBs in the Spokane River, which” included:
- A PCB reduction schedule to meet water quality standards with triggers for Ecology to initiate TMDL if the schedule is not met.
- A statement that “This [the PCB the reduction schedule] is to be accomplished through actions funded, designed, and implemented by members of the Task Force to identify and eliminate diffuse nonpoint sources of PCBs.”
- A statement that the schedule submitted does not “… give EPA the authority to establish a legally enforceable schedule for either the Task Force or the State.”
2015
Ecology released the report PCB Chemical Action Plan.
2015
Ecology issued report Lake Spokane: PCBs in Carp.
2016
Spokane River Regional Toxics Task Force releases 2016 Comprehensive Plan to Reduce Polychlorinated Biphenyls (PCBs) in the Spokane River.
2016
Ecology issued report an Evaluation of Measurable Progress to the Task Force noting that “… during the assessment period of January 1, 2012 through December 31, 2014, the Task Force made measurable progress towards meeting applicable water quality standards.”
2018
Ecology issued an Evaluation of Fish Hatcheries as Sources of PCBs to the Spokane River.
2016
Ecology drafted NPDES permits for Spokane River dischargers. Permits included a performance based total PCB effluent limit as an interim limit, and a final water quality based effluent limit based on the state’s water quality standard (170 ppq). The final limit would be effective in 10 years (2026 or 2 permit cycles).
2016
Draft NPDES permits were suspended due to EPA changing Washington State’s PCB water quality standard from 170 ppq to 7 ppq. Agreed upon orders with NPDES holders extended the 2011 permits to 2021.
2016
Judge Rothstein granted Sierra Club motion to file a supplemental complaint.
2018
Ecology issued an Evaluation of Fish Hatcheries as Sources of PCBs to the Spokane River.
2019
Each of the five NPDES permit holders applied to Ecology for a PCB water quality variance.
2019
Ecology initiated a rulemaking process to consider NPDES permit holder variance applications.
2019
Spokane Riverkeeper resigns from Task Force.
2019
Ecology issued report Atmospheric Deposition of PCBs in the Spokane River Watershed.
2020
EPA withdrew the Washington State water quality standard of 7 ppq for PCBs and reinstated the standard of 170 ppq.
2020
Ecology suspended the Spokane River PCB rulemaking process for variances until litigation challenging EPAs rollback of PCB water quality criteria settled.
2020
Sierra Club and the Center for Environmental Law and Policy filed a 60-day notice of intent to sue based on belief that EPA actions since 2015 plan ordered by Judge Rothstein shows that “EPA has failed to perform its non-discretionary duty to review and approve or disapprove this constructively submitted TMDL, and, in the event of disapproval, to promulgate its own TMDL.”
2020
Judge Rothstein denied EPA’s motion for summary judgment on the supplemental complaints, finding that Sierra Club had the ability to challenge EPA’s plan because it constituted a final action by EPA.
2021
Kootenai Environmental Alliance resigns from Task Force.
[bws_pdfprint display=’pdf’]
