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EPA Region 10 RTOC
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Regional Tribal Operations Committee
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Curyung Tribal Council
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PO BOX 216 Dillingham, AK 99576
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PH: 907.842.2384 FAX: 907.842.4510 
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www.rtocregion10.org
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December 9, 2015
 

Irina Myers	
Environmental Protection Agency, Office of Pollution Prevention and Toxics (OPPT)
1200 Pennsylvania Avenue, NW
Mail Code: 7408M
Washington, D.C. 20460

Via email to myers.irina@epa.gov 

      RE:	Response to Tribal Consultation, August 27, 2015, Notification of Consultation and Coordination on TSCA Work Plan Chemical Problem Formulation & Initial Assessment and Data Needs Assessment for Flame Retardants (FR) Clusters
      		
Dear Ms. Myers:

This letter is sent on behalf of the Tribal Caucus members of EPA Region 10's Tribal Operations Committee ("RTOC").  This letter is not sent on behalf of EPA Region 10 or any employees of EPA, but solely on behalf of the tribal government representatives of the RTOC.   

The Tribal Caucus is submitting comments regarding the Toxic Substances Control Act ("TSCA") Work Plan chemicals as identified in the following table with the corresponding docket numbers:

Chemical Cluster
Docket Number
Tetrabromobisphenol A
EPA -- HQ -- OPPT -- 2014-0730
Chlorinated Phosphate Esters
EPA -- HQ -- OPPT -- 2015-0068
Cyclic Aliphatic Bromides
EPA -- HQ -- OPPT -- 2015-0081
Brominated Phthalates
EPA -- HQ -- OPPT -- 2014-0491
EPA Notice of Consultation and Coordination, Enclosures, "Consultation Information," 08/27/2015, pp. 4.


Our Nation's waters, fish, wildlife, and land provide irreplaceable benefits to tribal people across the U.S.  Unfortunately, many of our resources are contaminated or at risk.  The Tribal Caucus acknowledges EPA's efforts to include the high-level of fish consumption rates by tribal people, or "subsistence fishers" as described in preparing the risk assessments for the four subject flame retardant clusters.  However, there is still a long way to go in considering the high risk to health and life of the first peoples of tribal nations by chemicals regulated under 

The Tribal Caucus strongly supports EPA's inclusion of fish consumption amounts by subsistence fishers and their children when evaluating exposure pathways of the "CPE" flame retardant clusters.  We specifically highlight EPA's commitment to account for the high-end fish consumption of subsistence fishers -- including pregnant women, children and adults -- the majority of whom are the tribal population.  The Tribal Caucus agrees with the need to evaluate the hazard endpoints that go beyond cancer risk and include target organ effects, reproductive and developmental effects and neurotoxicity.

However, the Tribal Caucus urges EPA to also include fish consumption rates of subsistence fishers in the risk assessment work on the three other flame retardant clusters. For instance, in the TBBPA Problem Formulation, EPA plans to only use consumption rates for recreational fishers, does not consider exposure from backyard open burning which is common in rural reservations and villages, and does not consider other traditional subsistence foods known to bioaccumulate these chemicals, such as marine mammals and birds.

Additionally, regarding fish consumption and the population scenario, the Tribal Caucus believes the tribal population scenario is the most appropriate to use for risk assessments by EPA, because EPA's own rules indicate that they are to protect the population of highest risk.  As identified in the problem formulation for the HBCD cluster, fish consumption rates for subsistence fishers at 142.5 grams per day (or higher in Region 10 where fish consumption rates in tribal populations of 175 grams per day or more) need to be used in aggregate exposure for those who rely heavily on locally sourced fish.  Tribal people are at the highest risk due to their known high-level consumption of fish, marine mammals, and birds.

In terms of cumulative risk, the Tribal Caucus insists that EPA look at the overall body burden of chemicals and the interaction of the flame retardants with other chemicals.  Tribal people are especially exposed to larger volumes of chemicals due to their traditional diets and their geographic locations in relation to manufacturing and pollutant deposition.  Studies on PCBs, another type of flame retardant, showed their synergism with other bromine-based chemicals. 

Finally, resource use -- both types of resources and volume of use -- are important factors in risk assessments that EPA must not overlook any longer.  For example, high-level use of local plants by tribal people may put them at risk due to dermal exposure when harvesting the plants and exposure by ingestion or inhalation when eating, mouthing or burning the plants for traditional uses.

Thank you for allowing the Tribal Caucus the opportunity to provide meaningful input on the gathering of data and preparation of problem formulations for these four flame retardant clusters.  

Sincerely,


Billy Maines
Region 10 RTOC 
Tribal Caucus Co-chair

Cc:	RTOC
	Dennis McLerran, EPA Region 10 Administrator


