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 Protection Agency, Region 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

RE: Government Leadership Framework for the Development of Water Quality Standards and 

Human Health Criteria 

Dear Administrator McLerran: 

On behalf of the Northwest Indian Fisheries Commission (NWIFC), I would like to reiterate our 

commitment to work with EPA to protect the health of the citizens of Washington through the 

development of revised human health criteria in the water quality standards for Washington. As 

you know, in order to protect the health of our people, the tribes are highly committed to 

accomplishing a more accurate fish consumption rate than exist in current standards while 

maintaining other protective standards such as the cancer risk rate. 

Tribal leaders met with you and Director Sturdevant on November 15, 2012 to discuss how we 

can make progress on the issue of fish consumption and water quality standards. We again 

expressed our frustration about the continuing delays and changes in course by the state of 

Washington in adopting more accurate and protective standards. Tribes expressed expectation 

for EPA leadership to engage and provide parameters for progress, both in expectation of result 

and timeliness. In an effort toward further collaboration, tribal leaders, yourself, and thenDirector Sturdevant asked the Commission to coordinate discussion and prepare a conceptual 

framework for a Leadership Group to guide and support the advancement of these issues. 

Attached is a draft design for the proposed Government Leadership Oversight Group. 

The purpose of this letter is to officially convey the draft framework to you, as follow through 

from the November meeting. Additionally, we ask to continue this important government to 

government dialogue with you by setting up another leadership meeting with tribes as soon as 

possible to discuss timelines, benchmarks, and other ways of ensuring that progress will be 

made. We urge you to continue to be the point of engagement with tribal leaders, as this process 

promises to have not only the leadership level of decision making, but the due respect to leaders 

working together at the highest level for their governments. We recognize that federal and state 

transition processes are not yet complete, but urge you to proceed without further delay. 
Thank you for your continued leadership and commitment on this important issue. 

Sincerely, 

Chairman 

Enclosure: Draft Framework for the Government Leadership Oversight Group 

Cc: Jim Woods, EPA Region 10 

Dan Opalski, EPA Region 10 
Potential Structure for Government Leadership Discussions re: 

Fish Consumption Rates and Washington State Water Quality Standards 

DRAFT February 14, 2013 

LeadeFshi·p· Oversight Gr~'U p: Tribal ~na irs-a d/0 teade-rship, 'EI'!A: gi0n 'to Admiriistra'tor, DiFe€tor Washington State' Dept. af Et-oJogy. '{ NOAA F=ist:feries and U

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appt<i>P,I'iC!t~ fe,r fer:leral censultation) 

Purpose: Federal and state governments and sovereign tribal nations of Washington will provide guidance, focus and coordination 

development and implementation of an accurate fish consumption rate and Washington State water quality standards. The Leade

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 trib

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 consultation 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 Cl

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 

review sequence of rule promulgation. 

Governmelilt to Gove..,nment Consultation: Individual tribaLg6vernments 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. 
Potential Structure for Government Leadership Discussions re: 

Fish Consumption Rates and Washington State Water Quality Standards 

DRAFT February 14, 2013 

Working Gfoups: Grol,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 

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