UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101 -3140 

·Mr. Ted Sturdevant, Director 

Washington Department of Ecology 

P.O. Box 47600 

Olympia, Washington 98504-7600 

Dear Mr. Sturdevant: 

SEP 0'6 2012 

OFFICE OF THE 

REGIONAL 

ADMINISTRATOR 

I am writing today to provide some additional clarity from the United States Environmental Protection 

Agency, Region 10, regarding the State's process for revising water quality standards for toxic pollution 

to protect human health in Washington State. We strongly support adoption ofhuman health criteria that 

are derived using scientifically sound data, including applicable regional and local fish consumption 

surveys. The surveys demonstrate that tribal and other high fish consuming residents are eating fish at 

rates significantly higher than the current default rates. 

The EPA's recent actions in Idaho and Oregon provide strong precedent for the current process in 

Washington. In the case of Idaho, we recently disapproved human health criteria that were not reflective 

of consumption rates identified in the fish consumption surveys conducted by the Columbia River InterTribal Fish Commission. In Oregon, after an initial disapproval, we strongly supported adoption of new 

standards based on a fish consumption rate of 175 grams per day. 

Further, it is important to note that the EPA supported flexible implementation mechanisms in the 

Oregon rule making and would support implementation flexibility in other states. It was clear in Oregon 

that implementation flexibility was needed to address issues presented for some sources that discharge 

these toxic pollutants. I understand that the State and the EPA have been having productive 

conversations regarding flexibility mechanisms and while each state is unique, we expect such 

mechanisms will be appropriate and necessary in Washington. It is crucial that the Department of 

Ecology continue to make progress in adopting human health criteria that incorporate scientifically 

sound data, including current information regarding realistic fish consumption rates. 

Our understanding is that Ecology is committed to updating water quality standards based on the best 

available science. The best available science now in-hand demonstrates that current standards are not 

based on realistic consumption rates for high fish consumers. If and when there is regional or local data 

showing higher fish consumption rates, it needs to be utilized for derivation of the State's human health 

criteria. 

Your July 16 letter indicates a commitment to commencing the rule making process for surface water 

quality standards this month. We will be monitoring that process closely and are supportive of its timely 

completion. The EPA will continue to support Ecology in adopting a revised set of standards. We can 

continue to help in keeping key stakeholders engaged, providing technical support on the best available 

science, and developing implementation flexibility that maintains the integrity of the standards but 
recognizes challenges for certain key sectors. I look forward to working together on this critically 

important issue. 

Please feel free to call me if you have any questions at (206) 553-1234 or you may contact Matthew 

Szelag of my staff at (206) 553-5171. 

Sincerely, 

~--wJ-+---Lf!_...._ 

cc: Billy Frank, Jr, Chairman 

Northwest Indian Fisheries Commission 

Brian Cladoosby, Tribal Chairman 

Swinomish Tribe 

Dennis J. McLerran 

Regional Administrator 

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