# Northwest Indian Fisheries Commission

6730 Martin Way E., Olympia, Washington 98516-5540 Phone (360) 438-1180 www.nwifc.org FAX # 753-8659

GinaMcCarthy, Administrator Environmental Protection Agency September 17, 2014

1200 PennsylvaniaAve. NW, Mail Code 1101A Washington, DC 20460 Re: Request to Promulgate Water Quality Standards for the State ofWashington
Dear Administrator McCarthy: The Northwest Indian Fisheries Commission (NWIFC) respectfully requests your assistance in expeditinghumanhealth criteriarulemaking in Washington State. The NWIFC is comprised of the twenty treatytribes ofWestern Washington who have federally adjudicated, constitutionally protectedtreaty-reserved rights to harvest and manage natural resources. The tribes consume many types ofseafood from their usual and accustomed waters inthe course ofexercising these rights, and the consumption ofseafood is an important cultural and spiritual practice, which is integral to the tribes' way oflife. Unfortunately, Washington's human health-based water quality standards do not utilize fish consumptionrates thatreflect current or historical consumption patterns, and therefore place tribal members at a greaterhealth risk. The NWIFC would therefore like to request that the United States Environmental Protection Agency
commencepromulgation ofwater quality standards in Washington State, without further delay, that will address the protection ofhuman health, safeguard treaty rights to the harvest ofclean and consumable fish, and uphold the EPA's commitment to environmentaljustice for tribal communities

. On July 9, 2014, Governor Inslee outlinedhis proposal for revising human health criteria water quality standards in Washington State. The Governor'sproposal yet again delayed water quality standard rulemaking and makes eventual promulgation dependent on numerous legislative actions that are highly uncertain, and likely to result in additional delay or abandonment. This approach attempts to use the water quality standards as leverage to promote a legislative agenda, and in doing so holds the standard setting responsibility underthe CW A hostage to state political process. Fundamentally, this strategy diminishes the importance ofthe water quality standards
as a function ofthe CW A and introduces poorprecedent for the revision or development of future standards.The tribes ofthe Pacific Northwest have been working for several years with Regional Administrator Dennis McLerran and his staffto address the deficiencies in the state's current water quality standards. The state's newest proposal represents the third consecutive delay in the past 3 years for adopting revised standards, beginning with a brokenpromise to begin to address the issue via sediment cleanup regulations. Regional AdministratorMcLerranreflected the tribes' frustration with the continued delays in his letter to the Director ofthe Washington Department ofEcologyonJune 21, 2013 and again on April 8, 2014. We greatly appreciate his attentionto the tribes' concerns, and strongly agree that federal promulgation ofhuman health criteriafor Washington is necessary, in light ofthe state's continued failure to meettheir own self-imposed deadlines orthose provided bythe EPA in theirApril 8, 2014 correspondence. As
a result, we respectfully request that EPA deny the state'srequest for additional time, and proceed with federal promulgation without further delay. Fish consumption is an essential cultural, nutritional, and economic lifeway for ourtribes. We have consistently sought timely remediation ofthe state's current fish consumptionrate and the adoption ofa rate that is more reflective ofthe daily consumption offish intribal communities,
onthe expressed condition thatthe state would not weaken otherportions ofthe water quality standards. Unfortunately, the state proposal has failed to develop revised water quality standards that improve most carcinogens and the chemicals that have contributed the mostto fishing closures and contaminated sediments. Neither the delay northe substance is acceptable to our membertribes. The tribes recognize that you share our commitmentto preserving human health and a high quality oflife for future generations. We would like to thank you and Regional Administrator McLerran for your time and close attention to this matter, and we look forward to working with you to improve human health protection in the future. Sincerely,

Lorraine Loomis Chairperson

cc: Lisa Feldt, Acting Deputy Administrator, EPA Ken Kopocis, Deputy Assistant Administrator ofthe Office ofWater, EPA Dennis McLerran, Regional Administrator, EPA Region 10 Tribal Chairs and NWIFC Commissioners