UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle,WA 98101
-3140

·Mr. Ted Sturdevant, Director Washington Department ofEcology P.O. Box 47600 Olympia, Washington 98504-7600 DearMr. Sturdevant: 

## SEP 0 ' 62012 OFFICE OF THE REG IONAL 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 inWashington State. We strongly support adoption ofhumanhealth 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 Oregonprovide strongprecedent for the currentprocess in Washington. In the case ofIdaho, we recently disapproved humanhealth criteria that were not reflective ofconsumption rates identified in the fish consumption surveys conducted bythe Columbia River InterTribal Fish Commission. In Oregon, after an initial disapproval, we strongly supported adoption ofnew 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. Itwas clear in Oregon that implementation flexibility was needed to address issues presented for some sources that discharge these toxic pollutants. Iunderstand that the State and the EPA have beenhavingproductive conversations regarding flexibility mechanisms and while each state is unique, we expect such mechanisms will be appropriate and necessary in Washington. Itis 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 consumptionrates. Ourunderstanding is that Ecology is committed to updating water quality standards based on thebest available science. The best available science now in-hand demonstrates that current standards are not based on realistic consumption rates for high fish consumers. Ifand when there is regional orlocal data showinghigher fish consumption rates, it needs to be utilized for derivation ofthe State's human health criteria. Your July 16 letter indicates a commitmentto commencing the rule making process for surface water quality standards this month. Wewill be monitoring that process closely and are supportive ofits timely completion. The EPA will continue to support Ecology in adopting a revised set ofstandards. 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 ofthe standards butrecognizes challenges for certain key sectors. I look forward to workingtogether on this critically important issue. Please feel free to call me ifyouhave any questions at (206) 553-1234 oryou may contact Matthew Szelag ofmy staffat (206) 553-5171. Sincerely,

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cc: BillyFrank, Jr, Chairman Northwest Indian Fisheries Commission
Brian Cladoosby, Tribal Chairman SwinomishTribe Dennis J. McLerran Regional Administrator

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