Tire makers sued by fishing groups over 6ppd use

SAN FRANCISCO — Two West Coast fishing associations — The Institute for Fisheries Resources and the Pacific Coast Federation of Fisherman's Associations —  are suing 13 of the world's largest tire manufacturers, seeking "immediate injunctive relief" against the use of the antiozanant 6ppd in tire production.

The suit was filed Nov. 8 by the non-profit Earthjustice under Section 9 of the Endangered Species Act, in the U.S. District Court for Northern District of California in San Francisco.

"Defendants' inclusion of 6ppd in their tires directly harms plaintiffs, because the proliferation of 6ppd-quinone — and resulting die-offs of coho salmon, Chinook salmon and other salmonids — has decimated the commercial salmon fishing industry in which many of their fishing family members make their livelihoods," the lawsuit alleges

"In recent years, so few juvenile salmon have survived in California's rivers that the state has been forced to restrict access even to the most abundant fisheries and entirely suspend commercial salmon fishing for 2023."

6ppd is crucial to consumer safety in preventing cracking and splitting of tires during tire wear. However, 6ppd can morph into 6ppd-quinone during tire abrasion (reacting with ground-level ozone), an offshoot chemical that is toxic to fish.

The tire makers named in the suit are: Bridgestone Americas Inc.; Continental Tire the Americas L.L.C.; Giti Tire U.S.A. Ltd.; Goodyear; Cooper Tire & Rubber Co.; Hankook Tire America Corp.; Kumho Tire U.S.A. Inc.; Michelin North America Inc.; Nokian Tyres; Pirelli Tire North America; Sumitomo Rubber North America; Toyo Tire Holdings of Americas Inc.; and Yokohama Tire Corp.

The U.S. Tire Manufacturers Association (USTMA), which counts all 13 tire manufacturers named in the lawsuit as members, said as "a matter of policy, (it) does not comment on ongoing litigation.

"Our members continue to reserch and develop alternative tire materials that ensure tire performance and do not compromise safety, consistent with our industry's commitment to sustainability and respect for the environment," the trade group said.

"There is simply no excuse, now that the science is clear how toxic 6ppd-q is to fish, for the tire industry to keep using 6ppd," Glen Spain, executive director of IFR and PCFFA, told sister publication Rubber News.

"To keep using a chemical not only pushing valuable salmon runs toward extinction but also destroying fishing-dependent jobs up and down the West Coast should not be allowed."

Earthjustice filed a 60-day notice Aug. 15 with the U.S. Commerce Department, announcing its intent to file a lawsuit if tire manufacturers did not cease their use of 6ppd.

All of the manufacturers named in the lawsuit produce tires containing 6ppd, according to the complaint.

"Tire companies are violating the Endangered Species Act by continuing to use 6ppd in tires," said Elizabeth Forsyth, senior attorney with Earthjustice's Biodiversity Defense Program. "Manufacturers have known for years that they must invest in viable alternatives, yet they continue to kill critically imperiled salmon and other fish protected under the ESA.

"It is time for these companies to be held accountable for the devastating impact 6ppd-q has had on our fisheries."

The two fishing industry groups cite nine Chinook salmon, four coho salmon and 11 steelhead trout fisheries that have been affected by 6ppd (and are protected under the ESA) in the 65-page complaint.

The fisheries extend from Alaska to Southern California, according to the complaint, with affected watersheds in Seattle, San Francisco and Los Angeles.

Specifically, the fisheries are located in the Puget Sound area; Willamette River area; the upper and lower basins of the Columbia River; the Snake River and Hells Canyon areas; the entire length of the Oregon coast; and specific sections of the California Coast, including a section in Southern California.

In aggregate, the fisheries and industry groups account for an estimated 16,000 jobs in the region, according to Earthjustice.

The complaint goes on to state that while salmon and steelhead trout are "keystone species" for humans, at least 135 other species depend on salmon and steelhead for food, including orca whales, eagles, bears, wolves and seals.

Earthjustice calls 6ppd-quinone "the second most toxic chemical to aquatic species ever evaluated by the EPA." The first is the chemical war agent parathion, which has been banned in the U.S.

The chemical not only has been found in stormwater runoff and urban watersheds, but also in sediments and soils, household dust, and human urine (especially that of pregnant women).

Emerging science has pointed to toxicity in mammals, according to Earthjustice.

For coho salmon, the lethal concentration of 6ppd-q required to kill 50 percent of test animals is estimated to be between 41 to 95 nanograms per liter.

"This toxicity level suggests that 6ppd-q is among the most toxic chemicals known for aquatic organisms, at least to coho salmon," according to the lawsuit. "In one experiment where juvenile coho salmon were exposed for 24 hours to untreated urban runoff, the fish started dying within just two to four hours, with 90 percent dying within one to two days of exposure.

"Even when this urban runoff was diluted 95 percent with clean water, exposure to the diluted stormwater was generally lethal to coho."

A majority of the declining fish population statistics cited in the lawsuit are attributed to measurements and studies undertaken by the National Marine Fisheries Service.

Sourcing also is taken from the 2020 Tian et al. study at the University of Washington, which first identified 6ppd-quinone; and the California Department of Toxic Substances Control (under the EPA).

The Nov. 8 lawsuit filed by Earthjustice on behalf of the fisheries comes on the heels of an August petition filed by three Native American tribes in the Pacific Northwest — comprising nearly 10,000 people — who also are demanding an immediate ban on the manufacture and sale of tires containing 6ppd.

That petition was granted by the EPA Nov. 2, meaning the EPA will analyze the use and toxicity of 6ppd under the lens of the Toxic Substances Control Act.

Earthjustice filed this petition on behalf of the Port Gamble S'Klallam, Puyallup and Yurok tribes.

"This is a victory for salmon and all species and people," the Puyallup Tribal Council, the tribe's elected leadership, said in a statement to Rubber News. "6ppd is a major and uniquely lethal threat to the health of salmon in urban streams on our reservation. Banning this chemical from tires will be hugely important in protecting fish. We thank the EPA for taking our concerns seriously."

Under the TSCA, the EPA "in the coming months" will begin the rulemaking process.

"EPA will ensure decisions are based on the weight of scientific evidence. As part of this process, the EPA must evaluate both hazard and exposure, exclude consideration of costs or other non-risk factors, use scientific information and approaches in a manner that is consistent with the requirements in TSCA to use the best available science," the EPA stated in its Nov. 2 approval of the tribes' petition.

However, while the agency added it will "promptly commence" an "appropriate proceeding" under TSCA, the agency said in its 6-page approval of the petition that it "cannot commit to a specific rulemaking timeframe or outcome."

Still, the petition's approval by the EPA is being hailed as a win for the tribes.

"The petition is a huge win for ney-puey (salmon) and the planet," said Joseph L. James, chairman of the Yurok Tribe. "The Yurok Tribe got involved because we are a fishing people, who understand the cultural and ecological importance of salmon.

"We could not sit idle while 6ppd kills the fish that sustain us. This lethal toxin has no place in any salmon-bearing watershed. We're glad the EPA sided with the tribes."

USTMA said in a Nov. 3 statement that it will work with the EPA on the TSCA risk management approach.

“The USTMA will work closely with EPA to ensure an orderly and effective risk management process,” the organization stated. “Since learning of the effects of a newly discovered transformation product of 6ppd in late 2020, USTMA and its members have been working closely with federal and state regulators, materials suppliers, academic and government research teams, industry associations and other partners.  

“A robust analysis organized by USTMA evaluating whether there is an available alternative to 6ppd in tires is already underway. USTMA looks forward to continuing this effort by working with the EPA to identify an alternative to 6ppd and to implement it on a time-frame consistent with public safety.”

To date, no alternatives have been found for 6ppd that are “technically feasible for meeting federal safety requirements.”

“Any premature prohibition on the use of 6ppd in tires would be detrimental to public safety and the national economy,” according to the USTMA.

Thus far, the public has heard from the U.S. EPA, the USTMA, the California DTSC and from companies involved in the search for an alternative for 6ppd.

With the petition granted Nov. 2 by the EPA for the three tribes and the lawsuit filed Nov. 7 by the two fishing industry groups, five more groups have joined the conversation under the counsel of Earthjustice.

The effort to find an alternative to 6ppd already is underway, with the USTMA compiling a consortium of 16 of the world's largest tire manufacturers to tackle the research; and the California DTSC outlining the process for the USTMA.

USTMA-affiliated companies will be guided in their research by California's Safer Consumer Product Regulations, and the listing of 6ppd as a "priority product" within the program.

The SCPR framework helps products and chemicals comply with Federal Motor Vehicle Safety Standards and other consumer, vehicle and tire manufacturer requirements.

The DTSC on July 26 officially adopted a rule that requires manufacturers of tires (domestic or foreign) for sale in California to evaluate safer alternatives to 6ppd.

The new rule applies to any tire in "the stream of commerce" in the state and took effect Oct. 1.

Domestic and foreign tire manufacturers have until Nov. 30 to notify DTSC if they manufacture 6ppd-containing tires that are used in California, a DTSC spokesman recently confirmed to Rubber News.

According to the USTMA, any potential alternative to 6ppd "must provide equivalent tire safety and performance to 6ppd, while improving environmental metrics."

The USTMA believes a full mitigation strategy also must be undertaken, one that includes infrastructure efforts to filter or eliminate tire road wear particles, which contain roughly 50 percent tire abrasion particles and 50 percent road-related particles.

To this end, progress has been made.

The Recycled Rubber Coalition, based in Washington, D.C., said new research demonstrates that rubber-modified asphalt, a major use for ground rubber from recycled tires, "is a safe and smart solution" to the 6ppd-quinone problem.

A study at the University of Nevada recently confirmed that ground rubber in asphalt mixtures can help absorb and retain 6ppd-quinone released by tires on the road, according to the RRC.

Rubber-modified asphalt — which uses ground rubber from recycled scrap tires — also can "double the lifespan of roads" and produces less CO2, said Stratton Kirton, a spokesperson for the RRC.