### 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 forwater 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

# c

# 2A 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 ofthe fish 

### so they can also 

### be safelyeaten 

### 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 similar

### geographypopulation 

### 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 forthe general population to 

### 22 grams per

## day3 This rate represents the 90th percentile 

### consumption rate of freshwater 

### and estuarine fish forthe

# 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 forthe 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 forthe

# 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 toa state 

## TAS under section 518 ofthe Clean Water Act for purposes ofClean Water Act section 

### 303

# c water quality standards 

# WQS
2See 

### httpwater epa

### govscitechswguidance standardscriteriahealth methodology index

## cfm 3See 

## EPA report Estimated Fish Consumption Rates forthe

# US Population and Selected Subpopulations 

## NHANES 2003 

## 2010 

## NEW

### Updated 

# 71714

Is 

## EPA updating the 

## recommended fish 

### consumption rate forsubsistence 

### fishers At this

### time

## EPA is not updating the fish 

### consumption rate forsubsistence 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 Qualityto 

### 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 

### precedentsetting 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 

### daywere 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

# c

# 4B 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 

### daydo 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 forthe state to update their 

## human health criteria 

## by2015