UN ITED STATES ENVIRONMENTAL PROTECTION AGENCY REG ION 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 REG IONAL ADMIN ISTRATOR

Thank you for your correspondence dated August 24, 2012, which outlines a number ofconcerns regarding the Washington Department ofEcology's recent changes in their rulemaking approach for a revised fish consumption rate, including Ecology'splanned revisions to the technical support document and removal ofa FCR from theproposed revisions to the State's Sediment Management Standards. Furthermore, the letter expresses frustration with the length oftime ithas taken for Ecology to adopt a protective FCRin 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 ofrevised water quality standards for toxic pollution. The EPA's recent actions in Idaho and Oregon provide strong precedent for the process inWashington. 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 bythe state onthis 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 consumingresidents 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 ofthe State's human health criteria. Also, thetribes have a very important role in ensuring Ecology's successful adoption ofhuman 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 information as to your concerns as well as your perspectives on the importance ofthis effort to the SwinomishTribe'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.Ifyou would like to discuss this issue in greater detail, please feel free to call me at (206) 553-1234 or have your staffcontact Angela Chung, EPA's Water Quality Standards Unit Manager, at (206) 553- 65 11

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cc: Ms. Debra Lekanof Swinomish Indian Tribal Community
Mr. Ted Sturdevant, Director Washington Department ofEcology