Updated 71714

Fish Consumption Rate Information for the Tribal Caucus

How are fish consumption rates used in water quality standards

Water quality standards WQS define the water quality goals for water bodies by designating

the uses to be made of the water and by setting criteria to protect the uses WQS are the foundation of

the water quality based pollution control program mandated by the Clean Water Act CWA to protect

human health recreation wildlife and aquatic life and other uses established by states and authorized1

tribes

CWA section 303 c2A requires that WQS protect “public health or welfare enhance the

quality of the water and serve the purposes of the Act].” CWA section 101 a2 establishes as a

national goal “water quality which provides for protection and propagation of fish shellfish and

wildlife and recreation in and on the water wherever attainable.” EPA has interpreted the “fishable”

language in section 101 a2 to refer not only to the protection of water quality so the fish and

shellfish thrive but also to the protection of the fish so they can also be safely eaten by humans Under

CWA section 304 a EPA develops and publishes water quality criteria recommendations Water

quality criteria are expressed as constituent concentrations levels or narrative statements representing

a quality of water that supports a particular use Criteriato protect “fishable” designated uses are

calculated with several variables including a fish consumption rate That calculation results in a level

of constituent that is allowed in the waterbody where the waterbody is able to maintain its “fishable”

designated uses

States and authorized tribes should consider local fish consumption practices to ensure that

high consuming populations are adequately protected EPA’s 2000 Methodology for Deriving Ambient

Water Quality Criteria for the Protection of Human Health2 encourages use of the best local state and

regional data available The 2000 Methodology recommends in order of preference use of 1 local

data 2 data reflecting similargeography population groups 3 data from national surveys and

4 EPA’s default consumption rates

What are EPA’s current recommendations for fish consumption rates

In May 2014 EPA updated its national fish consumption rate for the general population to

22 grams per day 3This rate represents the 90th percentile consumption rate of freshwater and estuarine

fish for the US adult population 21 years of age and older based on the Centers for Disease Control

and Prevention National Health and Nutrition Examination Surveys NHANES conducted from 2003

2010 This is a per capita fish consumption rate as recommended in EPA’s Methodology for Deriving

Ambient Water Quality Criteria for the Protection of Human Health 2000

The 22 grams per day fish consumption rate replaces EPA’s previously recommended rate of

17.5 grams per day based on an estimate of the 90th percentile consumption rate of freshwater and

estuarine fish for the US adult population from the US Department of Agriculture’s Continuing

Survey of Food Intake by Individuals CSFII from 19941996

1 Refers to tribes authorized for treatment in a manner similar to a state TAS under section 518 of the Clean Water Act for

purposes of Clean Water Act section 303c water quality standards WQS 2 See http water epagov scitech swguidance standards criteriahealth methodology index cfm

3 See EPA report Estimated Fish Consumption Rates for theUS Population and Selected Subpopulations NHANES 2003

2010

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Is EPA updating the recommended fish consumption rate for subsistence fishers

At this time EPA is not updating the fish consumption rate for subsistence fishers of

142.4 gday This rate was derived from tribal fish consumption surveys and recommended in the 2000

Methodology

What EPA activities are underway regarding fish consumption rates

EPA helped to develop a fish consumption survey for tribal communities in Idaho which they

are currently implementing in coordination with EPA and expect to complete in 2015 EPA will

continue to work with tribes and states in developing fish consumption rates that reflect local

consumption patterns

EPA’s October 2011 approval of Oregon’s human health criteria

In order to address EPA’s 2010 disapproval of several of Oregon’s human health criteria that

did not account for local data indicating higher fish consumption rates among Oregon residents

Oregon worked with EPA and several Pacific Northwest Tribes to review and update their human

health criteria In October 2008 the Oregon Environmental Quality Commission directed Oregon’s

Department of Environmental Quality to develop a rule to modify criteria to reflect a statewide fish

consumption rate of 175 grams per day approximately 24 8ounce fish meals per month In October

2011 EPA approved Oregon’s revised human health criteria developed with a precedent setting fish

consumption rate of 175 grams per day

EPA’s May 2012 disapproval of Idaho’s human health criteria

EPA disapproved Idaho’s human health criteria calculated with a fish consumption rate of

17.5 grams per day because EPA's review of available local and regional data indicated that some

population groups in Idaho may eat more fish than the national default fish consumption rate of

17.5 grams per day Consequently EPA could not ensure that the criteria based on a fish consumption

rate of 17.5 grams per day were based on a sound scientific rationale consistent with 40 CFR 131.11 a

and would protect Idaho’s designated uses EPA believes consideration of available local and regional

fish consumption data is necessary to ensure that the state's criteria protect public health in Idaho and

is working with the state and tribal communities in Idaho to resolve the issue

Status of litigation regarding fish consumption rates

On April 30 2013 the Idaho Conservation League ICL notified EPA of its intent to sue

claiming that EPA has failed to carry out its nondiscretionary duty under section 303 c of the CWA to

promptly prepare and promulgate certain water quality standards in Idaho EPA is working with ICLto

address this complaint

On October 11 2013 Puget Soundkeeper Alliance et al filed suit against EPA claiming that

several letters and emails from EPA to the Washington Department of Ecology constituted

303 c4B Administrator determinations that Washington’s human health criteria promulgated by

EPA in the 1992 National Toxics Rule and associated fish consumption rate of 6.5 grams per day do

not meet the requirements of the Clean Water Act EPA filed briefs in March and April 2014 and is

awaiting a decision by the court On July 9 2014 Governor Inslee of Washington announced a plan

for the state to update their human health criteria by 2015

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