# Northwest Indian Fisheries Commission 6730 Martin Way 

# E., Olympia, Washington 98516-5540 Phone (360) 438-1 180 www.nwifc.org FAX# 753-8659 

# February 21, 2013 Dennis McLerran, Regional Administrator U.S. Environmental ProtectionAgency, Region 10 1200 SixthAvenue, Suite 900 Seattle, WA 98101-3140 RE: GovernmentLeadership Frameworkfor the Development ofWater Quality Standards and HumanHealth Criteria DearAdministratorMcLerran: Onbehalfofthe Northwest Indian Fisheries Commission (NWIFC), I wouldlike to reiterate our commitmentto workwithEPAto protectthe health ofthe citizens ofWashingtonthroughthe development ofrevised humanhealth criteriainthe water quality standards for Washington. As youknow, inorderto protectthe health ofourpeople, the tribes are highly committedto accomplishing a more accurate fish consumptionrate than exist in current standards while maintaining otherprotective standards such as the cancerrisk rate. Tribal leaders metwithyou and Director Sturdevant onNovember 15, 2012 to discuss howwe canmakeprogress onthe issue offish consumption and water quality standards. We again expressed ourfrustration about the continuing delays and changes in course bythe state of Washingtonin adopting more accurate and protective standards. Tribes expressed expectation for EPA leadership to engage andprovideparameters for progress, both inexpectation ofresult and timeliness. In an efforttoward further collaboration, tribal leaders, yourself, and thenDirector Sturdevant asked the Commissionto coordinate discussion andprepare a conceptual framework for a Leadership Group to guide and supportthe advancement ofthese issues. Attached is a draft design for the proposed Government Leadership Oversight Group. Thepurpose ofthis letter is to officially conveythe draft framework to you, as follow through from the Novembermeeting. Additionally, we ask to continue this important government to government dialogue withyou by setting up another leadership meeting withtribes as soon as possible to discuss timelines, benchmarks, and other ways ofensuring thatprogress will be made. We urge you to continueto be the point ofengagement withtribal leaders, as this process promises to have not only the leadership level ofdecision making, butthe due respect to leaders working together at the highest level for their governments. We recognize that federal and state transitionprocesses are not yet complete, but urge youto proceed without further delay.

# Thankyou for your continued leadership and commitment on this importantissue. Sincerely, Chairman Enclosure: DraftFrameworkfor the Government Leadership Oversight Group Cc: Jim Woods, EPARegion 10 DanOpalski, EPARegion 10Potential Structure for Government Leadership Discussions re: Fish Consumption Rates and Washington State Water Quality Standards DRAFT February 14, 2013

L e a de F sh i · p · Ove rs ig h t **Gr ~'U**  **p:**
T r iba l **~na irs-a**  **d/0** teade - rship, 'EI'!A: **gi0n** 'to A d miri is tra ' tor, DiFe€ t o r Wash i ngton S t ate ' Dept. af Et-oJo gy . '{ NOAA F=ist:fe r ies a nd US F W S ta o e i nt l uded as

-r - **appt<i>P,I'iC!t~** fe,r fer:l e ral censu l tation) Purpose: Federal and state governments and sovereign tribal nations of Washington will provide guidance, focus and coordination in the continued development and implementation of an accurate fish consumption rate and Washington State water quality standards. The Leadership Group will be convened

and chaired by EPA Regional Administrator Mclerran and is expected to meet quarterly or as needed. Role of EPA: As the federal trustee to tribes for tribal and treaty resources, the EPA will provide oversight for the protection of tribal and treaty rights through

the development of an accurate FCR and protective Water Quality Standards. Tasks: • Clarify pathways to involve and coordinate issues affecting eastern and western Washington tribes.

• Develop and implement statement of goals, timelines, benchmarks and expectation of result

• Establish accountability for collective intergovernmental consultat i on prior to taking action on standards.

• Review information from and provide guidance to Tribal FCR work group

• Support state to accomplish rule promulgation that protects human health and complies with federal laws including the Clean Water Act and Endangered Species Act.

• Engage discussion with industry and municipalities.

• Provide input for EPA review of human health criteria, implementation tools, and sediment management standards under the Clean Water Act, and review se q uence of rule p romulgation . Governmelil t to Gove ..,nm e n t Consultation: In d ividua l tri b aLg6 v ernm e nts and 'EPA Purpose: Alternative pathway as requested by individual tribes . Scope and issues: to be determined - by individual tribes and EPA. Potential issues could include the following :

• EPA review of rules and expected outcomes to protect treaty-reserved resources.

• Request for EPA to take formal action on rule promulgation.

• Support for use of tribal data and studies . Tasks: Establish lead and point of contact at EPA and tribes. EPA-Tribal consultation procedures . 1

## Potential Structure for Government Leadership Discussions re: Fish Consumption Rates and Washington State Water Quality Standards DRAFT February 14, 2013 Worki n g G f oups:

**Gr ol,lp**  **~up~ort ng**  **~eaq r.ship**  Groyp Tribal FCR Work Group: Elected tribal officials and delegated tribal staff, staff from NWIFC, CRITFC, UCUT. Coordinate with EPA staff as new information and administrative actions are developed. Purpose: Continue serving as a hub for support to tribes in addressing FCR and Water Quality Standards

. Tasks: Develop technical support on issues:

• Salmon: the inclusion or exclusion of salmon in FCRs, e.g . juvenile uptake of taxies, resident populations.

• Fish diet fraction, and single FCR for all harvested species . •

Support publication oftechnical paper related to dietary surveys and recommendations

• Consultation on calculating pollutant standards using 175 or above Develop information for leaders on key issues:

• Status of Oregon implementation

• Municipality issues
• Industrial issues/ costs
• Implementation approaches, non-point issues. Concurrent next steps: • Engage business and local government leadership

• Public information and outreach Federal: EPA Region 10, with consultation with NMFS/NOAA and USFWS as appropriate to ensure protection of treaty resources. Purpose: Convene, oversee and support Leadership Group meetings in collaboration with Tribal FCR Work Group. Tasks • Review scope of issues in rule promulgation; determine issues for further discussion.

• Review relationship of state proposals on treaty resources and human health

• Review potential impact of rules on listed species, and how to address through section 7 consultation. • Communicate tribal and human health issues with Ecology State: WA Dept of Ecology. Director and other relevant staff. 

### To be developed further with Ecology. Tasks: • Rule promulgation process

• Identify HHC questions for EPA review 2