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Public Process Description

In late February, 2005, the City of Spokane, Spokane County and several other public and private entities with Spokane River discharge permits (the Petitioners) reached agreement with the Washington State Department of Ecology to tentatively withdraw their Petition for Rule Making concerning Draft TMDL limits. Ecology agreed to suspend issuance of TMDL limits. Together, using information assembled for the Draft TMDL and a Use Attainability Analysis (UAA) prepared by the Petitions, the Petitioners and Ecology are working on a TMDL Implementation Plan for the Spokane River. This collaboration allows productive discussion about the Draft TMDL and the UAA in the context of planned future actions and the expected resulting improvements in river quality. The discussion is called the Spokane River TMDL Collaboration.

Issuance of TMDL limits has specific public involvement requirements which both the Petitioners and Ecology intend to meet. That process is now temporarily “on hold” as the Petitioners and Ecology work on a proposed Implementation Plan. Several issues will come into question as this is done, understandings about data may change, and the Draft TMDL may need to be revised. If TMDL changes are recommended, those will be subject to the same public scrutiny and opportunities for input that have been used in developing the Draft TMDL. In particular, the TMDL Advisory Committee will need to review any modifications proposed for the Draft TMDL and the TMDL process will need to be completed. No part of the TMDL process is being or will be skipped.

Similarly, there are established processes for developing a Use Attainability Analysis and submitting a Petition for Rule Making to adjust water quality standards for a specific water body. Those processes were followed by the Petitioners and they withdrew their petition as the deadline for an Ecology response approached. The petition was withdrawn without prejudice concerning its being filed again. All processes associated with issuance of a TMDL and a Petition for Rule Making are simply “on hold” while a proposed Implementation Plan is under discussion.

Both Ecology and the Petitioners are very committed to open discussions during the “on hold” period as a proposed Implementation Plan is being considered. The discussions will be occurring in two types of venues. The first, known as the Full Group, involves representatives of all Petitioners, the United States Environ-mental Protection Agency, the Idaho Department of Environmental Quality, the Washington Department of Ecology and others. This venue will also serve as the focal point for “government to government” level discussions with tribes. All Full Group meetings are publicized and open to public attendance. Every meeting will include opportunities for public comment. The Full Group is where collective determinations are reached.

A second venue for conversation about the proposed Implementation Plan and related issues is in Workgroups. Several Workgroups will be functioning simultaneously to delve into the meaning and significance of data, develop improved understandings, answer specific questions, and prepare answers and recommendations for the Full Group.

Meetings of the Wastewater Flows and Loadings, Technology, Reuse and Conservation, and Non-Point Source Workgroups will be publicized in advance. The public will have opportunity to observe as a Workgroup deals with topics. In the interest of efficiency, there will not be any public comment at these Workgroup meetings. Meeting notes will be kept and made available to the public at the web site described below. If members of the public have concerns or suggestions about the Workgroups, those should be e-mailed to the attention of the Steering Workgroup (address available on the web site) where they will be considered at the earliest opportunity and responses prepared.

The Steering Workgroup is responsible for keeping the discussion process moving effectively and efficiently. The Steering Workgroup, led by facilitator Bill Ross of Ross and Associates, will convene frequently, often by conference call. Notes will be kept of all Steering Workgroup meetings and made available on the web site. The Steering Workgroup is responsible for making sure discussions move forward. Substantive Petitioner/Ecology determinations may only be made in the Full Group in open session.

The address for the Spokane River Collaboration web site is http://client-ross.com/spokane-river/.

Everyone, including the public, Petitioners and Ecology, should consider this web site the primary source for information about Spokane River Collaboration discussions. One part of this site is devoted to Full Group and Workgroup meeting schedules and locations. Another holds meeting notes, and other timely information. There is also a Library with links to relevant documents available for download. The Spokane River Collaboration site is intended to provide source-controlled information officially offered by the Petitioners, Ecology or both. It provides contacts for anyone wishing to offer comment about the process or substantive issues under consideration. The site is not set up as a “blog” or “chat room” for general use. All material on the site must be approved by the facilitator. Posting can only occur through Bill Ross and Ryan Orth of Ross and Associates (ryan.orth@ross-assoc.com).

In summary:

  • Should changes in the Draft TMDL result from the current effort, those changes will be subject to the same level of public review and comment used in developing the Draft. The TMDL Advisory Committee will review any changes and the public process will be completed.
  • Determinations concerning the Petitioner/Ecology discussions will only be made by the Full Group
  • All meetings of the Full Group will be publicized, open for public observation, and include opportunity(s) for public input
  • Workgroup meetings, while publicized and open for public observation, will not include opportunities for public comment
  • Workgroup sessions will be documented with meeting notes that will be timely posted on the web site
  • The public may provide comment about Workgroups via the Steering Workgroup e-mail address available at the web site
  • The Spokane River Collaboration web site is (http://client-ross.com/spokane-river). All material posted is sent to the facilitator and approved and posted by him. The web site is the primary information source for the public, Petitioners and the Department of Ecology

 

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