UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-31 40 

The Honorable Chainnan Billy Frank, Jr. 

Northwest Indian Fisheries Commission 

6730 Martin Way East 

Olympia, Washington 98516 

\\~~ Dear ~an1frtafikr) 

SEP 14 2012 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

Thank you for your correspondence dated August 24, 2012, sent on behalf of the Northwest Indian 

Fisheries Commission and its member tribes. The letter 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 FCR from the proposed revisions to the State's Sediment Management Standards. Furthennore, the 

letter expresses frustration with the length of time it has taken for Ecology to adopt a protective FCR in 

Washington's Water Quality Standards and requests further engagement from the Environmental 

Protection Agency. 

As you know I have recently written Ted Sturdevant to state that the EPA expects the State of 

Washington to move forward with timely adoption of revised water quality standards for toxic pollution. 

The EPA's recent actions in Idaho and Oregon provide strong precedent for the process in Washington. 

While establishing an FCR is a very complex process with difficult policy considerations, we have been 

clear that the EPA Region 10 expects timely action by the state on this issue. 

The EPA is committed to working with Ecology to adopt protective human health criteria, and we will 

help provide Ecology the support and resources to accomplish this goal. We strongly support 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. We have 

been clear with the State that 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 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 infonnation as to your concerns. I also 

look forward to talking more with NWIFC on September 20, in follow-up to the meeting request in your 

August letter. We look forward to continuing an open dialogue with you regarding Washington's FCR 

as the process moves forward. 
If you have questions or would like to discuss this issue in greater detail, please feel free to call me at 

(206) 553-1234 or have your staff contact Angela Chung, EPA's Water Quality Standards Unit 

Manager, at (206) 553-6511. 

Sincerely, 

~ 1~~----

cc: Ms. Fran Wilshusen, Asssistant Director 

Northwest Indian Fisheries Commission 

Mr. Ted Sturdevant, Director 

Washington State Department of Ecology 

Mr. Mike Grayum, Executive Director 

North West Indian Fisheries Commission 

Regional Administrator