r * PS Sponsored by the National CPA-Tribal Science Council and hosted by the Grand Traverse Band of Ottawa and Chippewa Indians. w 2010 National TribalScience Forum Grand Traverse Resort and Spa, Traverse CIt$T Michigan THEME: Mother Earth: Indigenous Knowledge '04 and Science to Promote Positive Change . 5K® Title of Priority: Persistent Bioaccumulative Toxic Pollutants Summary of the Priority and Tribal Request: Persistent bioaccumulative toxic (PBT) pollutants are chemicals that persist in the environment, bioaecumulate in food chains and, thus, pose significant risk to human health and ecosystems. Tribes are interested in learning what EPA is doing concerning PBTs, both from a research and a regulatory perspective. Objective/Purpose of the Response: In general, tribes are disproportionately affected by persistent chemical contaminants in the environment because of their unique resource use that often occurs as a result of their traditional lifeways. The impact on tribes when tribal resources are contaminated extends beyond impacts to human health and the overall ecosystem, to larger issues of tribal culture, spirituality and lifestyle, particularly in relation to traditional dietary practices of tribal communities. Tribes have raised numerous questions about PBTs. Summary of EPA Response to Tribal Request: The breadth of PBT actions throughout EPA indicates the importance the Agency places on protecting human health and the environment from exposure to such harmful substances. Among efforts to address PBTs, the Agency has adapted its standard risk assessment methodologies for pesticides to specifically deal with the particular needs of compounds that exhibit persistent, bioaccumulative and toxic characteristics. EPA is using these methods to address the potential long-term buildup of these chemicals in the environment, their potential biomagnification in aquatic food webs, and transport to remote regions such as the Arctic. EPA has developed a policy statement for new chemicals that provides guidance criteria for determining persistence, bioaccumulation and toxicity, and advises the industry about the Agency's regulatory approach, including evaluation criteria, review process, exposure/release controls and testing strategy for potential new PBT chemicals. This policy statement made clear to submitters of new chemical notifications under Toxic Substances Control Act (TSCA) that substances meeting these criteria may need to undergo testing on persistence and bioaccumulation endpoints which, if confirmed, would be followed by appropriate toxicity testing to identify "PBT chemical substances." In addition, the policy statement made clear that control actions under TSCA may be needed in varying degrees, based upon the level of risk concern. EPA has also developed a computerized tool, the PBT Profiler, to help evaluate whether chemicals have characteristics of persistence, bioaccumulation and toxicity and has made this PBT Profiler available on an EPA Web site at www.pbtprofiler.net. EPA's regional office in Chicago also has a significant PBT program and 1 ------- the Toxics Release Inventory (TRI) program takes into account the importance or significance of PBT characteristics through lower thresholds for reporting requirements. In addition, PBTs are a major regulatory focus in the Agency's Great Lakes Water Quality Initiative, finalized in 1995. As part of a comprehensive effort to strengthen EPA's chemical management program and ensure the safety of chemicals, the Agency recently completed and released five chemical action plans that outline potential steps to address chemical risks, with chemicals selected on the basis of multiple factors, including persistence, bioaccumulative and toxic characteristics. Reforming TSCA. TSCA was signed into law in 1976 and was intended to provide protection of health and the environment against risks posed by chemicals in commerce. However, when TSCA was enacted, it authorized manufacture and use, without evaluation, of all chemicals that were produced for commercial purposes at that time. As a result of the legal hurdles and procedural requirements that TSCA places on EPA prior to collecting data, there are large gaps in the available data and state of knowledge about many widely used chemicals in commerce. Although there is a review process for new chemicals being introduced into commerce, chemical producers are not required to provide—without further action from EPA—the data necessary to fully assess a chemical's potential risks. In cases where EPA has adequate data on a chemical, and wants to protect the public against well-known risks to human health and the environment, there are legal hurdles that prevent quick and effective regulatory action. Meanwhile, the public may be exposed to chemicals for which we have little understanding of the consequences. Accordingly, the Administration believes it is important to work together with Congress and all interested stakeholders to quickly modernize and strengthen the tools available in TSCA to increase confidence that chemicals used in commerce are safe and do not endanger the public health and welfare of consumers, workers and, especially, sensitive sub-populations, including those in Indian country with unique dietary and cultural practices. In December 2009, EPA released Essential Principles for Reform of Chemicals Management Legislation to inform efforts under way in this Congress to reauthorize and significantly strengthen the effectiveness of TSCA. (For more information visit: http://www.epa.gov/oppt/existingchemicals/pubs/principles.htmn The report presents Administration goals for updated legislation that will give EPA the mechanisms and authorities to expeditiously target chemicals of concern and promptly assess and regulate new and existing chemicals. International Agreements on PBTs. The global nature of many of these substances is why the Obama Administration identified the Stockholm Convention on Persistent Organic Pollutants (POPs) and the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade as priority treaties for U.S. ratification. The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and PIC was developed to promote information exchange and informed risk-based decision-making in the global movement of hazardous chemicals and pesticides. 2 ------- The POPs Protocol to the Convention on Long Range Transboundary Air Pollution (the LRTAP POPs Protocol), which is similar to the Stockholm Convention, also addresses substances that are toxic, persistent, bioaccumulative and susceptible to long-range transport. This Protocol, however, is regional in nature, covering the Member States of the United Nations Economic Commission for Europe, which includes the United States, Canada, the EU, Russia, parts of the former Soviet Union and Eastern Europe, among others. Suggested Next Steps: Although the United States is a signatory to the Stockholm and Rotterdam Conventions, as well as the LRTAP POPs Protocol, it has yet to ratify them. Although the United States already has taken some steps to address the risks posed by PBT substances generally, and, specifically, the risks posed by the PBT substances covered by the Conventions and Protocol, it is of utmost importance for the United States to ratify them and take the final step to establish the legislation necessary to implement these agreements. Full participation in these Conventions and this Protocol by the United States is of special importance, for example, for the people and environment of Alaska, which is affected more than any other state by POPs transported by air and water from outside the United States. This is particularly true for Alaska Natives, who rely heavily on traditional diets comprised of fish and wildlife. Over the past few decades, the United States has negotiated and signed international agreements that have the goal of protecting human health and the environment from toxic chemicals, but has been unable to join these agreements due to our lack of domestic legislation. The Obama Administration believes that it is time to pursue U.S. ratification and full implementation of these agreements. Contact: Caren Robinson, OCSPP National Indian Program Coordinator Phone: (202) 564-0544 E-mail: robinson.caren@epa.gov For more information on PBTs visit http://www.epa.gov/pbt/index.htm 3 ------- |