UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

Maia Bellon, Director 

Department of Ecology 

P.O. Box 47600 

Olympia, Washington 98504-7600 

Dear Director Bellon: 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101 -3140 

APR 0 8 2014 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

I am writing in regards to your February 14, 2014 letter to Michael Grayum, Executive Director of the 

Northwest Indian Fisheries Commission and more recent conversations we have had with you and your 

staff. The U.S. Environmental Protection Agency was strongly encouraged by the Department of 

Ecology's timeline to adopt human health criteria with a draft rule by the end ofMarch 2014 and a final 

rule submitted to the EPA by December 31 , 2014. Although the EPA was disappointed to hear that 

Ecology will no longer be able to meet the commitment to issue a draft rule in March, we understand 

that Ecology remains committed to adopting a final rule by the end of2014. 

The EPA supports Ecology's use of the scientifically sound regional and local fish consumption data 

available in Washington as it develops its human health criteria. As I have previously stated, the best 

available science includes evidence offish consumption rates well above 6.5 grams per day among high 

fish consumers in Washington, which raises concerns that the human health criteria cmTently in effect 

for Clean Water Act purposes in Washington are not sufficiently protective. In addition, as we have also 

discussed, another important element of a final rule is choosing a cancer risk level that provides risk 

protection for all Washington citizens, including communities that eat higher amounts offish. The EPA 

remains committed to supporting Ecology as it moves forward with a rulemaking based on sound 

scientific data. This will help facilitate the EPA's review of Ecology's new or revised water quality 

standards, which requires EPA to ensure that criteria are protective of applicable designated uses and 

based on a sound scientific rationale, consistent with 40 CFR § 131.11(a). 

If Ecology does not follow tlu·ough with its stated timeframe for final rule adoption, the EPA intends to 

take the steps necessary to allow for a proposal of federally revised human health criteria for 

Washington, via amendment of the National Toxics Rule human health criteria for Washington, by May 

31 , 2015. For the sake of clarity, I note that this letter does not constitute, and is not intended as, an 

Administrator determination under CWA § 303(c)(4)(B). 
The EPA is very appreciative of the chall enging work that Ecology has undertaken thus far to adopt 

human health water quality ctiteria. I look forward to continuing our partnership to suppoti state 

adoption of human health criteria to better ensure health protection for all Washington citizens. If you 

would like to discuss these topics further, please contact me directly or Dan Opalski, our Director for the 

Office of Water and Watersheds, at (206) 553-1855. 

cc: Michael Grayum, Executive Director 

Northwest Indian Fisheries Commission 

Brian Cladoosby, Ttibal Chainnan 

Swinomish Tribe 

Sincerely, 

Dennis J. McLenan 

Regional Administrator 

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