“EPA is responding to our tribal partners by taking action to protect the coho salmon, which are a key part of the tribes’ cultural identity and economic security,” Michal Freedhoff, assistant administrator for the EPA’s Office of Chemical Safety and Pollution Prevention, said in a written statement. “These salmon and other fish have suffered dramatic decreases in population over the years. Addressing 6PPD-quinone in the environment, and the use of its parent, 6PPD, is one way we can work to reverse this trend.”
In September, the Affiliated Tribes of Northwest Indians passed a resolution (PDF) at its annual convention in support of the petition. ATNI represents more than 50 member tribes from Washington, Oregon, Idaho, Montana, California, Nevada and Alaska.
Meanwhile, attorneys general from five states also joined the call for action by the EPA. The states are Washington, Oregon, Connecticut, Vermont and Rhode Island.
“Well over a billion dollars has been invested in habitat restoration in Washington,” states a joint letter (PDF) from the AGs, “and even more resources will be needed in the future. Through the efforts of federal, tribal, state and local governments, as well as NGOs, riparian areas have been restored, and in some cases dams have been or will be removed. Despite these efforts and expenditures, salmon runs are still declining in most of Washington’s rivers…
“Removing 6PPD and 6PPD-quinone from the environment would be of great benefit to fish populations, in particular coho salmon and steelhead,” the letter says. “The states strongly urge EPA to grant the tribes’ petition and act to protect the environment from this extremely harmful pollutant.”
The U.S. Tire Manufacturers Association urged EPA to deny the petition, because a suitable alternative has not been identified, but the association encouraged EPA to undertake a risk evaluation if warranted by the toxic chemicals law.
National Marine Fisheries Service
Another federal agency, the National Marine Fisheries Service, also called NOAA Fisheries, could be drawn into the discussion over 6PPD as a result of the lawsuit (PDF) filed in November against 13 of the country’s largest tire manufacturers. The lawsuit alleges violations of the Endangered Species Act and seeks to either ban the chemical outright or else force tire companies to acquire a federal “incidental take permit” spelling out mitigation measures to better protect vulnerable fish stocks.
An incidental take permit is an acknowledgment that some action — such as allowing toxic chemicals to get in the water — has an adverse effect on a listed species. Before obtaining a permit, the responsible party must develop a conservation plan that provides protections for the species at risk. The conservation plan must undergo public review and be approved by NMFS, and the applicant must demonstrate available financing to carry out the plan.
With fish, each defined population is considered a species. In Washington, Oregon and California, a total of 24 populations of coho, Chinook and steelhead are listed as endangered or threatened. Among coho, one population is listed as endangered and three are threatened; for Chinook, one is endangered and eight are threatened; and for steelhead, one is endangered and 10 are threatened. (An endangered species is a species or a population at high risk of extinction; a threatened species is one likely to become endangered in the foreseeable future.)
NMFS has already identified stormwater as a significant factor in the decline of all 24 species, according to the legal complaint filed by Earthjustice on behalf of two fishing groups. They are the Institute for Fisheries Resources, a nonprofit research and conservation group dedicated to protecting fisheries along the West Coast, and Pacific Coast Federation of Fishermen’s Associations, the largest trade organization of commercial fishing families on the West Coast.
“California’s Department of Toxic Substances Control (DTSC) has linked a 70 percent decline in coho in the San Francisco Bay Area between the 1960s and 1990s to the use of 6PPD in tires,” the complaint states. “DTSC has concluded that the presence of 6PPD-Q in California’s waterways continues to threaten the state’s remaining coho salmon populations and may jeopardize the recovery of this species.”
The U.S. Tire Manufacturers Association has chosen not to comment on the lawsuit as a matter of policy, said Klein, speaking for the organization. She added that she has no information about whether any company has approached NMFS about potential obligations under the law.
No hearings or briefings have been scheduled in the case.
Another possible ESA lawsuit
The Endangered Species Act is also the focus of a 60-day notice (PDF) of a possible lawsuit filed in June by the Center for Biological Diversity, an environmental organization. The suit alleges that federal permits issued for highway-maintenance projects are no longer adequate, since they were issued before the discovery that 6PPD-Q could be having a serious impact on listed salmon populations.
Previous evaluations examined the known impacts of highways, as required by the Endangered Species Act, but the law requires renewed consideration and consultation with NFMS when “new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered,” states the 60-day notice.
In a letter to 14 congressional representatives (PDF), NOAA Administrator Richard Spinrad said the National Marine Fisheries Service may need to address new findings about stormwater in multiple permits.
“To address the effects of 6PPD-quinone, federal action agencies will, in some cases, need to acknowledge and incorporate new and additional methods of stormwater management,” Spinrad wrote. “Such additional measures — for example, compensatory mitigation — might be necessary in areas where water quality impacts, caused by stormwater runoff, are threatening salmon recovery.”
Following the 60-day notice, the Center for Biological Diversity could have filed its proposed lawsuit as early as August, yet legal action is still awaiting a final decision, according to the group’s attorney Emily Jeffers. Some discussions have taken place with the involved agencies, she noted, and questions remain about whether state and federal highway officials are doing all they can to remove 6PPD-Q from stormwater using the latest system designs, also known as “best available technology.”
In addition to enforcing the Endangered Species Act, NOAA’s Northwest Fisheries Science Center is conducting research about the effects of 6PPD-Q on fish, as is the U.S. Geological Survey’s Western Fisheries Research Center, both in Seattle. NOAA also is involved in other projects, including the development of population models to estimate large-scale effects of the chemical and funding for experiments involving new stormwater systems.
Treatment systems and processes
Even if 6PPD is replaced in tires with a new chemical of lower toxicity, it will take years before the new tires are the only ones on the road and more years for the chemicals to work their way through the environment and out of the streams, experts agree. Finding new ways to reduce the toxicity of contaminated stormwater has become a major goal of federal, state and local governments along with research institutions.
Washington Department of Ecology and other agencies use the term “best management practices” to describe engineered treatment systems as well procedures and actions shown to be effective at reducing pollution. A review of existing techniques (PDF) with ideas for future research was published by Ecology in June 2022, soon after 6PPD was identified as a major problem in Washington’s waterways. It was followed that October with a report to the Legislature.
Sweeping streets with vacuum trucks, cleaning roadside ditches, and purging storm drains appear to be effective measures for removing dust particles and sediment that harbor 6PPD-Q and other toxic chemicals, according to the legislative report.