MCCLURE, 2013-03 PRR.000839 Beatty, Susan (GOV) From: Justin, Jim (GOV) Sent: Friday, February 03, 2012 11:58 AM To: Shagren, Karina (GOV) Subject: FW: Follow--up to our fish consumption rates conversation Attachments: Fish Consumption Rates -- ECY Response to Comments -- FINAL 2--2--12.pdf From: Sturdevant, Ted (ECY) Sent: Thursday, February 02, 2012 6:29 PM To: Justin, Jim Phillips, Keith (GOV) Subject: FW: Follow-up to our fish consumption rates conversation fyi Ted Sturdevant, Director Department of Ecology (360) 407-7001 From: Sturdevant, Ted (ECY) Sent: Thursday, February 02, 2012 6:28 PM To: DeBo|t, Richard; Short, Shelly; Kretz, Joel Cc: Terwilleger, Karen (ECY) Subject: Follow--up to our fish consumption rates conversation Representatives, I'm attaching a letter I sent out today to the various folks who provided comments on our fish consumption technical report. The main message here is that I have heard loud and clear the level of concern, and the significance ofthe stakes involved, in the process of revising our fish consumption rates, and that I am committing to take the time to get this right. So we have a revised process and schedule that provides the time and opportunities for interested parties to work through what will be complex, weighty issues. I hope you see this as responsive to your concerns, though obviously the "proof will be in the pudding" in terms of where this process takes us. In any case, my commitment to you is an open, transparent process that fully respects all interests at play, with the aim of coming up with solutions that are responsible to those interests. I and my staff are happy to engage as you wish to keep you and your colleagues informed, and discuss the policy and science questions before us. Ted Ted Sturdevant, Director Department of Ecology (360) 407-7001 MCCLURE, 2013-03 PRR.000840 STATE OF NCTONI DEPARIMFNT OF PCOLOGY PO Box 4760!} Olympia, W4 - 711 for Vlamington Relay Service 0 Persons vi Nb .1 speech disability (an Call 877-I113-6341 February 2, 20l2 RE: Ecology's Response to Comments Draft Fish Consumption Rates Dear Ladies and Gentlemen: Thank you for your comments on the draft Fish Consumption Rates Technical Support Document. Your comments are important to us and critical to a thorough review and evaluation of the available science regarding fish consumption rates in Washington State. Given the importance of fish consumption rates in establishing appropriate environmental standards, I want to assure you that all information, comments and concerns will be fully considered in an open and responsive manner. it is clear that significant scientific and policy questions will need to be asked and answered in an open, transparent manner. The stakes are high, both for the people that eat significant quantities of Washington fish and shellfish, and for Washington businesses that have to comply with environmental regulations. Important cultural, spiritual, economic, public health and environmental interests are at stake. As such, Ecology will take the time needed to get it right. We will fully engage interested parties in an open and transparent manner. We will work collaboratively to find a path to long-term reductions in toxic pollution that is fully informed and responsible -- both for fish consumers who deserve to be protected and for businesses that providejobs in local communities. Therefore, I have extended timelines to provide for more public and stakeholder involvement in the report and related rules. The enclosed document, The Washington State Department of Ecology 's Revised Fish Consumption Rates Process Schedule, outlines the revised process and schedule. Washington's surface water and sediment standards are set to protect human consumption of fish and shellfish. These standards rely on accurate information about fish consumption rates. The technical support document, along with any new relevant information, will be used to inform our work on updating Washington's Sediment Management Standards and, at a late date, the human health criteria in our Surface Water Quality Standards. MCCLURE, 2013-03 PRR.000841 Interested Parties February 2, 2012 Page 2 Many types oftoxic chemicals can accumulate in fish and shellfish, and updating the fish consumption rate is a key part of our larger effort to protect the health of Washington's residents by reducing exposure to toxic chemicals. We are taking steps to reduce ongoing discharges into our air and water, and continue to make progress cleaning up contaminated soils and sediments. We are strengthening our monitoring programs and working with businesses to ensure that toxic chemicals are safely managed. We are also working with businesses, citizens and the Legislature to reduce the use oftoxic chemicals in the workplace and in consumer products. Exposure to toxic chemicals can cause a wide range of health problems. Young children and the developing fetus are particularly vulnerable because their brains are still rapidly developing. Exposure to chemicals in the environment during these sensitive periods of growth is associated with learning and behavior problems in our kids. These problems are wide-spread and increasing in the U.S., creating a burden on children, families, our school system and all of society. While environmental exposures are not the only cause, they are one contributor that we can do something about. As you know from the report, the current water quality and cleanup regulations were adopted in the early l990s, using scientific information based on national data available at that time. Our current water quality standards are based on a consumption rate of 6.5 grams of fish per day. This is less than one-half pound of fish and shellfish per person, per month, which would be about one serving per month. Our current cleanup standards are based on a consumption rate of 54 grams offish per day, which is less than four pounds offish and shellfish per person, per month. This draft report indicates that a considerable number of people in Washington regularly eat larger amounts of Washington fish and shellfish and, consequently, have a higher exposure to risks related to toxics in fish than currently assumed. Over the last several years, the Washington State Department of Ecology's (Ecology) scientists have worked with scientists from other agencies and universities to evaluate available studies and prepare this draft report. In this evaluation, we have considered the same studies used by the state of Oregon to update their regulatory standards. In addition, the Environmental Protection Agency (EPA) recently completed a five-year effort to update the national guidance on fish and shellfish consumption rates. The EPA document relies on the same body of scientific studies that Ecology has considered in the draft report. Ecology received several hundred comments on the draft report and preliminary conclusions, and we are currently in the process of reviewing them. A number ofimportant issues have been raised related to individual studies, the role of salmon, whether one statewide standard is appropriate and the overall level of conservatism reflected in our evaluation. Some people have said the draft range of values is too low and will not adequately protect our most sensitive populations. Others have said that the draft range is too high, is inconsistent with current laws and policies, is not adequately documented with current scientific information and will slow Washington's economic recovery. MCCLURE, 2013-03 PRR.000842 Interested Parties February 2, 2012 Page 3 Ecology is very aware ofthe fact that our rules can affect the bottom line of Washington businesses. We recognize that more protective standards will pose new challenges for the regulated community. We believe that dischargers deserve a predictable compliance path that reflects real-world constraints on technology and resources. This is why we are working on a rule change to improve and increase regulatory compliance tools that address short and long-term source control. These changes will allow water quality permittees to maintain compliance with their permits, while they effectively work toward meeting permit limits that better prevent and control sources oftoxic pollutants. These tools will be available before we update the Surface Water Quality Standards with a new fish consumption rate. Over the coming months, we will be working with groups and individuals who have raised these concerns. I am confident that together we can work through these challenging and complex issues, and that this effort will ultimately improve our ability to reduce levels oftoxic chemicals in the environment and better protect Washington's residents, even as Washington's businesses recover and grow. Sincerely, 1/0 Ted Sturdevant Director Enclosure: Washington State Department of Ecology's Revised Fish Consumption Rates Process Schedule (Revised January 31, 2012)