UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

The Honorable Chairman Brian Cladoosby 

Swinomish Indian Tribal Community 

11404 Moorage Way 

LaConner, Washington 98257 

~I, OJ) Dear Chairman GlacrOosby: 

.,.... 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

Thank you for your correspondence dated August 24, 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 FCR from the proposed revisions to the State's Sediment Management Standards. 

Furthermore, 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 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. 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 of the 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 on the importance of this effort to the Swinomish 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 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-

65 11 . 

cc: Ms. Debra Lekanof 

Swinomish Indian Tribal Community 

Mr. Ted Sturdevant, Director 

Washington Department of Ecology