# SQuAXIN ISLAND TRIBE

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^•i, ~:k , ~~ ± y ,.. September 13, 2012 Dennis McLerran, Regional Administrator Environmental Protection Agency Region 10 1200 6th Avenue Seattle, WA 98101 Dear Administrator McLerran, As the Chairman of the Squaxin Island Tribe, I am writing to express our Tribe's deep 

### disappointment regarding the Department of Ecology's abrupt refusal to proceed with revising the state fish consumption rate. Since at least 1996 when Squaxin and Tulalip published their fish consumption rate survey, we all have known that the national default rate is inadequate to protect the health of Washingtonians. Those early studies were based on sound science and should have resulted in a more immediate change to the state's fish consumption rate. Sixteen years later the consumption rate still remains at the same inadequate and unconscionable number. Meanwhile, the delaying tactics of the Department of Ecology continue to be unacceptabte to the Squaxin Island Tribe. This latest delay continues to leave Washington's water quality standards out of compliance with Clean Water Act as it does not provide a fish consumption rate that is protective of human health. For the Squaxin Island Tribe, the political gamesmanship of the State of Washington continues to put our members at additional risk of illness and disease. This is both an issue of Environmental Justice and Treaty Rights that U.S. Government must step in to rectify. Not only did the Squaxin Island Tribe give up hundreds of thousands of acres of land in return for the promise to continue to harvest and consume fish, but implicit in that promise was that the fish shall be safe and healthy to eat. Ecology's current path is an abrogation of that promise and the federal government must step in to take responsibility for enforcing the Clean Water Act by making the change. To that end, we request the Environmental Protection Agency take the following actions: • Require Ecology to submit sediment management standard modifications to EPA for review and approval. • Undertake govern m ent-to-government consultation with the Squaxin Island Tribe when reviewing the state's sediment management or water quality standards.


### SQQAXIN ISLAND TRIBE / 10 S.E. Squaxin Lane / Shelton, WA 98584 / Phone (360) 426-9781

Fax (360) 426-6577 www.squaxinisland.org• Disapprove any standard that includes only a narrative fish consumption rate.

• Take immediate action to promulgate a statewide or regional fish consumption rate at or above the approved Oregon standard. On behalf of the Squaxin Island Tribe, I look forward to closely working with EPA to accomplish these ends. Should you or your office need assistance or support of any kind, please do not hesitate to contact Andy Whitener, natural resources director (awhitener(@sguaxin.us, 360- 432-3809), Jeff Dickison, assistant natural resources director (360-432-3815, idickison@sguaxin.us ), or John Konovsky, environmental program manager (360-432-3804, jkonovsky@squaxin.us ). Thank you for attention to this important matter.
Sincerely, 

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d Dopema Chairman