### Dear

# Administra~cLerran, ,/ 

## Phone(3S0)466-3163 Fax(360)466-5309

A**rQI!QIIIIi~ R!XO'i)nitodl~eion**  Tribe V'\:•l' 100**P~i!n!** {Q 25 V.S.C. § •r6 

### 11404 

### Moorago Way 

### LaConner, Washmgton 98251.00 l i



### August 24,2012



### As the Chairman ofthe Swinomish Indian Tribal Community, I am writing to express ourTribe's deep disappointment regarding the Washington State Department ofEcology's (Ecology) abrupt change ofcourse which effectively stalls all progress made to date in revising key Washington State regulations- regulations that are currently grossly out-dated and sorely inadequate in protecting human and environmental health

The Water Quality Standards (WQS) and the Sediment Management Standards have sat 

### unchanged for far

### too manyyears with important components, such as 

### the fish 

### consumption rate (FCR), 

### markedly less protectivethan the defensible science that Ecology itself

### has acknowledged would support. Swinomish views Ecology's actions asyet another example of

### why the Treaty tribes are spurred to act on the "Treaty Rights at Risk" initiative. Ecology has essentially halted the work required to more adequately protect our water, our resources, our health and ourway oflife.

On behalfofthe Swinomish Tribe, we respect and are pleased with both your commitment, as well as the Administrator's commitment on these important matters, As the Chairman, 1 

### am requesting that our federal trustee address the much-needed revisions to Washington regulations. ln particular, we seek the authority ofEPA in promulgating higher FCRs into Washington's Water Quallty Standards and Sediment Management Standards. We understand the complexity ofthe situation, and look to the sound regional and national leadership and expertise,
as 

### well as the mission and authority ofthe agency to guide the next steps.

The Swinomish are a fishing community, who has relied upon the water,**land~** 

### and resources to sustain the harmony for ourtribe since time immemorial. Our deeply-seeded connection to our local natural resources goes far beyond subsistence needs; they are part ofour culture and identity as a people. These connections are not a thing ofthepast, they are alive and strong today Yet our way ofllfe cannotcontinue without regulations in place that protect the health of

our natural resources. and the health ofourpeople. In fact, 

### the health ofall Waslungtonians will be better protected by implementing a higher, more realistic FCR

Swinomish does agree with Ecology's decision to begin development ofhuman health-based criteria in the surface WQS; however. we are concerned with Ewlogy's intended alterations to the September 2011 draft Fish Consumption Rates- Technical Support Document and also with the Sediment Management Standards "site specific" language. The Technical Support Document has already undergone review, with common grounds established, and we do not agree that the dacument should need to go through yet another two yearreviewby stakeholder's whose motives may not be to protect the human health ofWashington citizens,TheTechnical Support Document shouldbe published as it currently reads, representing one of 

### the few measurable steps forward Ecology will have undertaken 

### In thisAdministration. In addition, the new track to employ "site specific" standards for sediment 

### is simply a slap in the face ofthe years ofresearch and discussion undertaken by Ecology, Tribes and Stakeholders regarding setting State·wide standards

..
Further more, Ecology's action impacts not only our local and regional approach, but also impacts the national movement on protecting human health. The discussion offish consumption rates has not only been a regional priority for EPA, Washington State, Tribes and stakeholders, but has been a national priority for the past two EPA Administrators, the Office ofWater, and the Office of Research and Development, as well as the 

### US National Environmental Justice Advisory Council. as shown in the November 

### 2002 Fish Consumption and Environmental Report.

So for the State to kick the can down the road by adding yet another lengthy process by developing new forums and planning effortsjustaffectively slows the progress ofdeveloping a true flsh consumption rate beyond the scope ofthe current administration. This approach obscures the concrete results ofwork accomplished over the lasttwo years optingforthe vagueness ofprocess and the uncertainty offuture administrations, and continues to allow 

### the human health 

### ofWashington Citizens, as well as my tribal members, to be injeopardy.

Moreover, any mention ofeconomic hardsh1ps as reasoning for delaying revisions to Washington regulations improperly pits health againstjobs and obscures the real issues. The Swinomish have endured poverty for manyyears, and even todaySwinomish has an 

### 18% unemployment rate, much higher thanWashington State. 

### Yet I w!ll always say that l would

never committo a dollargain over the health and wellbeing ofmy people orthe resources that have sustained Swlnomish for over 

### 10,000years. 

### I refuse to make decisions 

### that are short-sighted, as my sacred responsibility as

### a leader, father, and grandfather is to ensure a healthy and safe place for generations to come.

In conclusion, Ecology's newly announced plans rescind their commitmentto have an updated 

### FCR in place by the end ofthe currentAdministration. The netresult is that the State will 

### nut establish a default FCR in eithertheTechnical Document 

### or regulations by the end ofthe tenn. The delay leaves Washington'sWaterQuality Standards noncompliant with the basic mandates 

### of the Clean Water 

### Act, which require WQS to be set at levels protective ofhuman health.

Swinomish is committed to promulgating 

### a more protective FCR in the State's WQS, and

### to ensure it is incorporated into theSediment Management Standards. We value our federal trustee, and understand these matters are one ofthe most important issues

### being addressed byyou, as 

### well as Administratorjackson. Swinomish respects 

### the EPA's commitment from the Tribal 

### Leaders meeting with Administratorjackson on June 

### 2012, and we seekthe leadership ofyou both.

Should

### you have anyquestions regardingthis request, or wish to further discuss 

### this matter, please do not hesitate to contact me directly, or Debra Lekanof, dlekanof@swinomish.nsn.us

Sincerely,

### CkkA"'~~

# ~'-"**~-~--~ :L~=~--**  

# -**~·** M. Brian Cladoosby, Chairman Swlnomish Indian Tribal Community

cc: NWIFC Tribal Chairs and Commissioners Bob Perciasepe, Deputy Administrator, EPA