UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10

Mr. Terry Williams 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140


# ocra o2012

Commissioner Fisheries and Natural Resources The Tulalip Tribes 6406 Marine Drive Tulalip, Washington 98271
Dear Commissioner Williams: OFFICE OF THE REGIONAL ADMINISTRATOR

Thank you for your correspondence dated September 18, 2012, which outlines a number ofconcerns regarding recent changes bythe Washington Department ofEcology in their rulemaking approach for a revised fish consumptionrate, including removal ofa FCR from the proposed revisions to the State's Sediment Management Standards. Furthermore, the letter expresses frustration with the length oftimeit has taken for Ecology to adopt a protective FCR to derive human health criteriawithin Washington's Water Quality Standards, and requests intervention from the U.S. Environmental Protection Agency. Establishing an accurate FCR is an incredibly complex process with difficult policy considerations. However, I assure you that the adoption ofhumanhealth criteria that reflect an appropriate FCR for Washington's waters and that address the EPA's desire for regional consistency remains a high priority for the EPA. Our recent actions in Idaho and Oregon provide strong precedent for the current process in Washington.
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. At this time, we believe it's appropriate for Ecology to lead this work with the EPA's assistance, and we are pleased to see that Ecologyhas shown its commitment to adopt new human health criteriabyissuing a formal notice for rule-making activities on September 21.
The EPA strongly supports 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 significantlyhigher than the current default rates

. Ifand when there is regional or local data showinghigher fish consumption rates, it needs to be considered for derivation ofWashington's human health criteria. The study,A Fish Consumption Survey of the Tulalip andSquaxin Island Tribes of the PugetSoundRegion (Toy et al., 1996), is an example ofscientifically sound local fish consumption information that Ecology should consider when establishing a default fish consumption rate

. Also, the tribes have a very important :J;"Ole 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 and protective FCR is not onlyimportant 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.Ifyou have further questions please contact Angela Chung, EPA's Water Quality Standards Unit Manager, at (206) 553-6511 or Dan Opalski, our Director for the Office ofWater and Watersheds, at (206) 553-1855.

cc: Mr. Ted Sturdevant, Director Washington State Department ofEcology Regional Administrator