UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

OCT 0 5 2012 

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 of concerns 

regarding recent changes by the Washington Department of Ecology in their rulemaking approach for a 

revised fish consumption rate including removal of a FCR from the proposed revisions to the State's 

Sediment Management Standards. Furthermore, the letter expresses frustration with the length of time 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 FCR is an incredibly complex process with difficult policy considerations. 

However, I assure you that the adoption ofhuman health criteria that reflect an appropriate FCR for 

Washington's waters and that address the EPA's desire for regional consistency remains a high priority 

for the EPA. Our recent actions in Idaho and Oregon provide strong precedent for the current process in 

Washington. 

The EPA is coinmitted to working with Ecology to adopt protective human health criteria in an efficient 

and timely manner, and we will help provide Ecology the support and resources to accomplish this goal. 

At this time, we believe it's appropriate for Ecology to lead this work with the EPA's assistance, and we 

are pleased to see that Ecology has shown its commitment to adopt new human health criteria by issuing 

a formal notice for rule-making activities on September 21. 

The EPA strongly supports adoption of human health criteria that are derived using scientifically sound 

data, including applicable regional and local fish consumption rate surveys. These surveys demonstrate 

that tribal and other high fish consuming residents are eating fish at rates significantly higher than the 

current default rates. If and when there is regional or local data showing higher fish consumption rates, it 

needs to be considered for derivation of Washington's human health criteria. 

Also, the tribes have a very important role in ensuring Ecology's successful adoption ofhuman health 

criteria that address tribal fish consumption concerns. I appreciate your efforts thus far and hope that you 

will continue to provide the clear message that an accurate and protective FCR is not only important to 

the tribal community and for tribal rights, but also for the general health ofthe people 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. 
If you 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 of Water and Watersheds, at 

(206) 553-1855. 

cc: Mr. Ted Sturdevant, Director 

Washington State Department of Ecology 

Sincerely, 

Dennis J. McLerran W 

Regional Administrator