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: 

rsEP 2 5 2012 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

Thank you for your correspondence dated September 7, 2012, which outlines a number of concerns 

regarding the Washington Department of Ecology'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 of a 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 of human 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 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 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 the State's human health criteria. 

Also, the tribes have a very important role in ensuring Ecology's successful adoption of human 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 FCR is not only important to the tribal 

community and for tribal rights, but also for the general health of the people of Washington. 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 on the importance of this 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. 
If you have further questions, please contact Angela Chung, EPA's Water Quality Standards Unit 

Manager, at (206) 553-6511 or Mike Bussell, our Director for the Office of Water and Watersheds, at 

(206) 553-4198. 

Sincerely, 

~]Regional Administrator ~ 

cc: Mr. Ted Sturdevant, Director 

Washington State Department of Ecology