Comments on Short-Term Water Quality Modification

RE: Short-term Water Quality Modification for Moth Spraying

WSDA lies again. In their 7 February SEPA Checklist, (A-10) WSDA responds to "List any government approvals or permits that will be needed for your proposal, if known." as follows, "Possibly a Department of Ecology "Short Term Modification of Water Quality Permit." WSDA had already applied for a "Short Term Modification of Water Quality Permit from Ecology on 25 January, so there was no "possibly" about it.

WSDA lies again. In their 7 February SEPA Checklist, (A-11) WSDA states that there will be only three aerial and/or ground based applications." The "Short Term Modification of Water Quality Permit" application states, however, that a fourth application of Btk may be carried out.

Ecology provides little or no help. In a letter to me dated 23 March, Mary Kautz of the Ecology NW Regional Office writes, "Ecology does not go to public notice for issuing Orders, nor does Water Quality law require that we do. SEPA does require posting in the SEPA register by the lead agency, and any additional public notice would be redundant and a waste of funds. The issuance of a water quality modification is at the discretion of the Director and is dictated by requirements in WAC 173-201A-110, not under EPA rules and regulations or state law (RCW's)."

If Ecology issues a "Short Term Modification of Water Quality Permit", my understanding is that it is appealable to the PCHB within 30 days. However, the PCHB would not likely hear the case until latter this summer after the spraying has already occured. This means that any appeal would also have to request a stay. I will try and contact Ecology to see whether they have already issued the Short Term Modification of Water Quality Permit.