UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

## OCT 052012
The Honorable Chairman David Lopeman Squaxin Island Tribe 10 S.E. Squaxin Lane Shelton, Washington 98584
Dear Chairman Lopeman: OFFICE OF THE REGIONAL ADMINISTRATOR

Thank you for your correspondence dated September 13, 2012, which outlines a number ofconcerns regarding recent changes bythe Washington Department ofEcology in their rulemaking approach for a revised fish consumptionrate includingremoval ofa FCR from the proposedrevisions to the State's Sediment Management Standards. Furthermore, the letter expresses frustration with the length oftime it has taken for Ecology to adopt a protective FCR to derive human health criteria within Washington's Water Quality Standards, and requests further engagement from the Environmental Protection Agency. Establishing an accurate FCRis an incredibly complex process with difficult policy considerations. However, I assure you that the adoption ofhumanhealth criteria that reflect an appropriate FCRfor Washington's waters and that address the EPA's desire for regional consistencyremains a highpriority for the EPA. Ourrecent actions in Idaho and Oregonprovide strong precedent for the current process in Washington.
The EPA is coinmitted to working with Ecology to adopt protectivehumanhealth criteria in an efficient and timelymanner, and we will help provide Ecology the support and resources to accomplish this goal. At this time, webelieve it's appropriate for Ecology to lead this work with the EPA's assistance, and we are pleased to see that Ecologyhas shown its commitment to adopt new humanhealth criteriabyissuing a formal notice for rule-making activities on September 21.
The EPA strongly supports adoption ofhuman health criteria that are derived using scientifically sound data, including applicable regional and local fish consumption rate surveys. These surveys demonstrate that tribal and otherhigh fish consumingresidents are eating fish at rates significantlyhigher than the current default rates. Ifand when there is regional orlocal data showinghigher fish consumptionrates, it needs to be considered for derivation ofWashington's humanhealth criteria. Also, the tribes have a veryimportant role in ensuring Ecology's successful adoption ofhumanhealth criteria that address tribal fish consumption concerns. I appreciate your efforts thus far and hope that you will continue to provide the clearmessage that an accurate and protective FCRis not onlyimportant to the tribal community and for tribal rights, but also for the general health ofthepeople ofWashington. The EPA also will conduct government-to-government consultation with tribes as it reviews and acts on state water quality standards. The EPA looks forward to continued collaboration with you and Ecology for a successful outcome.Ifyou have further questions, please contact Angela Chung, EPA's Water Quality Standards Unit Manager, at (206) 553-6511 or Dan Opalski, our Director for the Office ofWater and Watersheds, at (206) 553-1855.

cc: Mr. Ted Sturdevant, Director Washington State Department ofEcology Sincerely,

Dennis J. McLerran 

## W Regional Administrator