Tribal, state and federal representatives explained why Oregon’s fish consumption rate should be dramatically increased to protect public health when the Oregon Environmental Quality Commission met in Hermiston Friday, Aug. 22.

The fish consumption rate, an estimate of the amount of fish consumed by Oregonians, is used by the Oregon Department of Environmental Quality to calculate the maximum amount of toxic chemicals that can be allowed in Oregon waters and still be protective of human health.

Because the fish consumption rate influences water quality standards, the process is expected to result in tougher restrictions on industry and municipalities allowed to discharge pollutants into the state's waterways.

In making its presentation, the Oregon DEQ was joined by staff from the Confederated Tribes of the Umatilla Indian Reservation and the U.S. Environmental Protection Agency.

The three entities agree that Oregon’s fish consumption rate should be increased 10 fold, from 17.5 grams per day (about two fish meals per month) to 175 grams per day (about 20 fish meals per month), to adequately protect public health, especially those populations, like Native Americans, that eat more fish than the general population.

“This is one of the key actions for the future of the DEQ Water Quality Program,” said Neil Mullane, DEQ Water Quality Standards Administrator.

Studies conducted by the EPA, the Columbia River Inter-Tribal Fish Commission and others have shown potentially dangerous levels of toxic chemicals in Columbia River fish. These findings, combined with data characterizing the fish-rich diet of Columbia Basin tribes, prompted questions about the acceptable level of risk to fish consumers from the toxic chemicals present in fish caught from Oregon waters.

The DEQ has held numerous public workshops over the last year to review its proposal to make more protective the state’s water quality standards for toxic chemicals. More stringent water quality standards for chemicals such as mercury arsenic, pesticides and PCBs, would reduce the amounts of such toxics discharged to Oregon’s rivers by municipal agencies that operate sewage treatment plants and by industrial operators.

“The Umatilla Tribes objected to the Commission’s 2004 rule and EPA expressed concern about it,” said DEQ Standards and Assessments Section Manager Jennifer Wigal.

The Confederated Umatilla Tribes argued against the Commission’s 2004 rule that increased the fish consumption rate from 6.5 grams per day (a meal about the size of a soda cracker) to 17.5 grams per day (about two fish meals per month) because a scientific study of tribal fish consumption showed levels far above that.

The current 17.5 grams per day is now the EPA national default value based upon data from across the country. The Tribes have maintained that applying the national minimum default value to Oregon could not be scientifically supported since local data demonstrates tribal fish consumption rates of 63 grams per day on average to 389 grams per day at high fish consumption levels. The Tribe also argued that many other Oregonians eat more than two fish meals per month.

A panel of expert scientists was convened to advise the agencies on selecting a new fish consumption rate.

Said one of the scientists, Pat Cirone, “Our goal was to provide you information on the consequences to public health of the Oregon fish consumption rate decision.”

Deborah Sturdevant of DEQ summarized the finding of the scientific panel saying, “Oregon’s current fish consumption rate of about two fish meals per month does not represent Oregon fish consumption, and high fish consumers are more at risk.”

William Quaempts, a member of the Confederated Umatilla Tribes’ Board of Trustees, commended DEQ and the Commission for including in Oregon’s regulatory protections “tribal people and other Oregonians with higher fish consumption rates.” He went on to recognize the need to reverse the Commission’s 2004 decision, which raised Oregon’s fish consumption rate from 6.5 grams per day to 17.5 grams per day.

DEQ, CTUIR and EPA advised the Commission that after over a year of public review and collection of the best science, they would be recommending, probably in October, that Oregon increase its fish consumption rate to 175 grams per day, or about 23 fish meals per month.

Quaempts told the Commission, “I believe that we can bring to you a new fish consumption rate that is 10 times higher than the one adopted in 2004 yet through practical flexibility can be implemented to protect human health and contribute to a robust Oregon economy.”

Representatives of the Confederated Tribes of Grand Ronde and Siletz also addressed the Commission expressing support for a fish consumption rate that accounts for the active fishing lifestyle of tribal and non-tribal Oregonians. Michael Karnosh, Ceded Lands Coordinator for the Grand Ronde tribe, noted that there were health care, tourism, recreational and commercial fishery costs associated with an under-protective fish consumption rate that should be considered in the EQC’s decision.

A number of potential compliance approaches were presented during a discussion of DEQ’s plans for implementing toxic standards based on a higher fish consumption rate. DEQ is working with regulated NPDES permitees to understand and address the challenges of applying new toxic water quality standards.

Charlie Logue, representing the Association of Clean Water Agencies, noted the need to view the increase in the fish consumption rate as part of a comprehensive strategy to reduce toxic pollution across Oregon. ACWA represents many municipal waste water treatment facilities across Oregon that would in the future receive NPDES permits with more stringent toxic limits as a result of an increase in the fish consumption rate. Logue stated that the many implementation strategies being considered by DEQ, including pollution prevention plans, intake credits and new compliance tools, were all excellent ideas that would provide flexibility to permitees.