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

The Honorable Frances G. Charles Chairman, Lower Elwha Klallam Tribe 2851 Lower Elwha Road Port Angeles, Washington 98363
Dear Chairman Charles: 

## rsEP252012 OFFICE OF THE REGIONAL ADMINISTRATOR

Thank you for your correspondence dated September 7, 2012, which outlines a number ofconcerns regarding the Washington Department ofEcology's recent changes in their rulemaking approach for a revised fish consumption rate, including Ecology's planned revisions to the technical support document and removal ofa Fish Consumption Rate from the proposed revisions 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 in Washington's Water Quality Standards and requests further engagement from the U.S. Environmental Protection Agency.
As you recognized, 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 committed 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. We strongly support adoption ofhumanhealth 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 significantlyhigherthan the current default rates

. Ifand when there is regional orlocal data showing higher fish consumption rates, it needs to be considered for derivation ofthe State'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 ef forts thus far and hope that you will continue to provide the clear message that an accurate FCR is not only important to the tribal community and for tribal rights, but also for the general health ofthe people ofWashington. The EPA looks forward to continued collaboration with you and Ecology for a successful outcome. Again, thank you for your letter and for providing the detailed information as to your concerns as well as your perspectives onthe importance ofthis effort to the Lower Elwha Klallam Tribe's natural resources and cultural identity. We look forward to continuing an open dialogue with you regarding Washington's FCR as the process moves forward.Ifyou have further questions, please contact Angela Chung, EPA's Water Quality Standards Unit Manager, at (206) 553-6511 orMike Bussell, our Director for the Office ofWater and Watersheds, at (206) 553-4198

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Sincerely,

# ~]**~** Regional Administrator

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