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2012 Pollution Prevention Round Table Treaty Rights and Toxics Tribal Efforts to Decrease the Release of Toxic Chemicals Slide 2 2012 Pollution Prevention Round Table Outline Background on Treaty Rights Columbia River Tribes Toxics and Tribes Integrated Tribal Efforts on Toxics Reduction - Affiliated Tribes of Northwest Indians Resolutions -National Tribal Toxics Council Slide 3 2012 Pollution Prevention Round Table Treaty of 1855: the right to take fish Slide 4 2012 Pollution Prevention Round Table 4 4 Four Tribes Ceded Lands Combined 66,591 square miles More than 25% of the entire Columbia Basin 55% of the rivers and streams still accessible to salmon Slide 5 2012 Pollution Prevention Round Table VISION a healthy environment capable of providing First Foods that sustain the continuity of Tribal culture Shared Responsibilities To create and sustain positive impacts for our communities Practice reciprocity take care of the foods that take care of us Place-based, Food- associated Culture after Eric Quempts, CTUIR Slide 6 2012 Pollution Prevention Round Table Toxics and Tribes 1994CRITFC/EPA Fish Consumption Survey 1996-98CRITFC/EPA Fish Tissue Contamination Survey 2011CRITFC - Future of Our Salmon Conference 2012 USGS / CRITFC / LCREP - Reconnaissance of Contaminants in Selected Wastewater Treatment Plan 2012CRITFC / UCUT / EPA Toxics Reduction Strategic Planning Session Slide 7 2012 Pollution Prevention Round Table A fish consumption survey was completed by CRITFC/EPA in 1994 The rates of tribal members consumption across gender, age groups, persons who live on versus off-reservation, fish consumers only, seasons, nursing mothers, fishers, and non-fishers range from 6 to 11 times higher than the national estimate used by USEPA. (quote from CRITFC, 1994) Slide 8 2012 Pollution Prevention Round Table CRITFC/EPA Fish Tissue Contamination Survey (1996-98) 298 fish tissue samples from 26 sample locations on the mainstem Columbia River & 14 tributaries including resident and anadromous species Slide 9 2012 Pollution Prevention Round Table Fish Tissues were analyzed for 132 contaminants 92 different contaminants were detected 21 pesticides 16 inorganics, eg mercury,arsenic 3 Aroclors 13 dioxin-like PCBs 17 chlorinated dioxins & furans 22 semivolatiles, eg PAHs Slide 10 2012 Pollution Prevention Round Table Future of Our Salmon Conference Wy-Kan-Ush-Mi-Wa-Kish-Wit (Spirit of the Salmon) Theme: A Vision of Salmon Restoration in the Columbia River Attended by over 250 tribal leaders, federal and state fisheries managers, scientists, non-tribal fishers and members of the public. Key Concern: Salmon recovery is challenged by toxic contamination in the Columbia River Proposed Action: 2012 Toxics Reduction Workshop CRITFC 2011 Future of Our Salmon conference: Executive Panel Slide 11 2012 Pollution Prevention Round Table USGS Investigations Report 2012 Reconnaissance of Contaminants in Selected Wastewater Treatment Plant Effluent and Stormwater Runoff Entering the Columbia River Prepared by USGS in cooperation with the Columbia River Inter-Tribal Fish Commission and the Lower Columbia Estuary Partnership WWTP effluent and stormwater from urban areas is delivered directly to the Columbia River WWTP effluent and stormwater-runoff in nine cities in Oregon and Washington were analyzed for contaminants in samples collected in 2008 and 2010. Slide 12 2012 Pollution Prevention Round Table Reconnaissance Study Findings Flame retardants and steroids were consistently detected in WWTP effluents Fourteen pharmaceuticals were analyzed and all but 2 were detected in at least one city Estrogenicity levels measured in the study were well above levels that have been shown to cause effects in aquatic biota Detections for several pesticides and PCBs in stormwater from some sites exceeded chronic freshwater quality criteria Slide 13 2012 Pollution Prevention Round Table Reconnaissance Study Conclusions WWTP effluent contains a wide variety of contaminants from many compound classes Biosolids produced by WWTP plants may be significant sources of contaminants in the ecosystem Stormwater runoff acts as an integrator of human activities and is a pathway for contaminants into aquatic ecosystems Impact of contaminants on aquatic biota in mixing zones of receiving waters is understudied Slide 14 Reducing Toxic Contamination in Our Rivers 2012 Toxics Reduction Strategic Planning Session June 5-6 in Portland, OR 20 organizations including 8 tribes and intertribal organizations from around the Basin came together to develop recommendations on toxic reduction actions that could be supported through collaborative action Slide 15 2012 Pollution Prevention Round Table 2012 Toxics Reduction Strategic Planning Session Key Short and Intermediate Recommendations: Enhance existing effective programs Increase pesticide stewardship collaborations Increase stormwater and wastewater source control through voluntary programs and incentive actions Take back programs for drugs, pesticides, herbicides Promote market incentives Increase Supply and Demand for Safer Alternatives Reduce priority chemicals in products Increase supply of green chemical alternatives Monitor for and quantify sources of contaminants Reservoir remediation through engineered controls Slide 16 2012 Pollution Prevention Round Table 2012 Toxics Reduction Strategic Planning Session Key Long Term / Policy Change Recommendations Fully funded Columbia River Restoration Act Support Toxics Substances Control Act (TSCA) Reform Has not been reauthorized since 1976 Senator Lautenberg introduced the Safe Chemicals Act in 2011 Require chemicals companies to produce health and environmental data Require chemicals to meet a safety standard to remain on the market Support a precautionary principle approach Need a burden of proof that a toxic substance is not harmful before possible release as required by European Union statutory rules Support research on effects/toxicity of emerging contaminants on biota and human health Slide 17 2012 Pollution Prevention Round Table Integrated Tribal Efforts on Toxics Reduction Slide 18 2012 Pollution Prevention Round Table Affiliated Tribes of Northwest Indians Resolutions on Water Quality Slide 19 2012 Pollution Prevention Round Table Oregon Water Quality Changes First state in the nation to include fish consumption rate at 175 grams per day Oregon supported this decision using CRITFCs survey (protective of 95% of Columbia River Tribal people) EPA approved October 17, 2011 Will revise human health criteria for 114 toxic pollutants Implementation is the now where we need to focus ATNI Resolution #11-16 Supporting the Adoption of 175 Grams per Day Fish Consumption Rate by the State of Oregon to Better Protect Tribal First Foods and the Native People Who Depend on Them Adopted February 3, 2011 Slide 20 2012 Pollution Prevention Round Table Washington Water Quality Changes WDOE Fish Consumption Rate Technical Support document published in September 2011 strongly considered and recommended a tribal based fish consumption rate ATNI resolution and tribal efforts thwarted a Washington Legislature attempt to undermine process July 2012 - WDOE changes course on their rulemaking process Decides to not use a statewide FCR for the sediment management rules Revised FCR Technical Support document no longer recommends a tribal based FCR and the section on Tribes and Treaty Reserved Rights is Removed Will move ahead on Water Quality rulemaking ahead of the original schedule ATNI Resolution #12 - 19 Supporting Washingtons process to revise environmental standards and better protect its citizens from toxic contaminants Adopted February 16, 2012 Slide 21 2012 Pollution Prevention Round Table Idaho - Proposed FCR Rate EPA hosted a series of meetings with tribal leaders on proposed changes to Idahos current rate of 6.5 grams On May 10, 2012, EPA disapproved the State of Idaho request to use 17.5 grams when deriving water quality criteria - Not protective enough On August 6, 2012 IDEQ responds to EPA as required and proposes an Idaho specific FCR survey On October 4, 2012 IDEQ hosted an initial meeting for stakeholder at several Idaho locations and accepted comments which are posted on the IDEQ website ATNI Resolution #12-18 Requesting that EPA Not Approve Idahos Proposed 17.5 Grams per Day Fish Consumption Rate Adopted February 16, 2012 Slide 22 2012 Pollution Prevention Round Table Idaho Water Quality Changes Supports EPAs disapproval of Idahos proposed fish consumption rates Asks for an interim rate of 175 grams per day until the Idaho water quality standard is amended Supports further surveys of Tribal Fish Consumption Rates for affected tribes in Idaho (with support funding from Idaho and EPA ATNI Resolution Requesting Support and Assistance from the U.S. Environmental Protection Agency and the State of Idaho to Accurately Assess Tribal Fish Consumption Rates in Idaho Adopted May 24, 2012 Slide 23 2012 Pollution Prevention Round Table 23 23 Regional Fish Consumption Rate Standard for Human Health Criteria ATNI Resolution Requesting That the U.S. Environmental Protection Agency Accomplish a Fish Consumption Rate of No Less Than 175 Grams per Day for Human Health Criteria Rulemaking in the Pacific Northwest Adopted September 27, 2012 Requests that EPA take steps to establish a federal default fish consumption rate of no less than 175 grams per day for Oregon, Washington, and Idaho Requests action based on scientific surveys of native people in the Pacific Northwest Supports further surveys of Tribal Fish Consumption Rates Slide 24 2012 Pollution Prevention Round Table National Tribal Toxics Council http://tribaltoxics.org/ Slide 25 What/Who is the NTTC? An EPA Tribal Partnership group established in January 2012 (from a steering group established in 2011) Focused on providing Tribes with an opportunity for greater input on issues related to toxic chemical and pollution prevention Region 10 Reps Gary Hay Copper River Native Association Larry Dunn Lower Elwa Klallam Tribe Rory ORourke Port Gamble SKlallam Tribe Lance Whitwell Native Village of Venetie Tribal Government Katherine Sloan Yurok Tribe Dianne Barton - CRITFC Slide 26 What Does the NTTC DO? Policy Analysis Comment Letters, template letters for Tribes Topics Toxic Substances Control Act (TSCA) Risk Assessment Pollution Prevention Lead/Asbestos Abatement New Chemical Review Process Design for the Environment Alternatives Assessment Project for Tribal Enterprises http://www.tribaltoxics.org/ Slide 27 Connecting Tribes to EPA on Toxics Discussion on reframing toxics data to meet tribal perspectives and concerns Slide 28 Warm Springs tribal lamprey harvest in Oregon City, Oregon Shared Responsibility to take care of the Foods that Take Care of Us The Tribal Way of Life is Not a Relic of the Past