PRESS RELEASE
-For Immediate Release-
December 18, 2006

Contact: Brian Gumm, (202) 234-8494, bgumm@ombwatch.org

EPA Finalizes Rules for Toxics Release Inventory

WASHINGTON, Dec. 18—EPA finalized a rule today relaxing reporting requirements for the Toxics Release Inventory (TRI), the country's flagship database on toxic pollution. The agency has moved forward with these changes despite findings in an OMB Watch report, “Against the Public’s Will” (released Dec. 14), that the American public is overwhelmingly opposed to a reduction in reporting on toxics.

The rule quadruples the reporting threshold from 500 lbs. to 2,000 lbs. for the majority of the 650-plus chemicals tracked under TRI. For the first time in the 18-year history of TRI, EPA is permitting reduced reporting for the most dangerous category of toxic chemicals, persistent bioaccumulative toxins (PBTs). These dangerous changes will leave more people in the dark about what chemicals are in the air they breathe and water they drink.

EPA claims that the proposed rule does not de-list chemicals from the TRI program, but, according to the agency's own calculations, a 2,000-lb. threshold would likely eliminate detailed reporting for at least 16 chemicals.¹

"This is a clear case of the agency disregarding the will of the American people," said Sean Moulton, Director of Federal Information Policy for OMB Watch. "The EPA has no scientific or health data supporting these changes — nothing to ensure public safety. The agency is only interested in saving polluting companies a few dollars, at the expense of public health."

"Americans who live near industrial facilities want to know what's going into their air and water," stated Rep. Frank Pallone, Jr. (D-NJ). "This [OMB Watch] report shows that the public supports the original intent of the TRI program — to give communities the right to know what kinds of toxic chemicals are being dumped in their backyards. … [W]e will take every step necessary to stop [the changes] in Congress."

EPA's finalized rule:

1. Fails to take into consideration the overwhelming opposition to EPA's ill-conceived ideas to reduce TRI reporting as clearly evidenced in the report, "Against the Public's Will."
2. Leaves the public at greater risk of exposure to dangerous pollution and cripples state governments' ability to track toxic chemicals.
3. Provides minimal savings to companies (previously estimated by EPA to be between $430 and $790 per chemical).

“Against the Public’s Will” documented opposition to EPA's TRI proposals from 23 state governments and more than 120,000 average citizens, 60 members of Congress, 30 public health organizations, 40 labor organizations and 200 environmental and public interest organizations. EPA has received strong criticism and resistance to the changes to TRI reporting. In the months following the close of the public docket:

• The House of Representatives passed a resolution preventing the EPA from implementing the rule changes;
• Sens. Frank Lautenberg (D-NJ) and Robert Menendez (D-NJ) placed a hold on a Bush administration nominee to protest the proposals;
• EPA’s Science Advisory Board formally, in a letter offering the agency unsolicited advice, opposed the proposals; and
• The Environmental Council of States passed a resolution urging EPA to withdraw them.

The OMB Watch report and statements from Sen. Lautenberg (D-NJ), Rep. Pallone (D-NJ), and Rep. Hilda Solis (D-CA) are available at: /files/tricenter/.

¹Environmental Protection Agency, Economic Analysis of the Proposed TRI Phase II Burden Reduction Rule, Appendix B: Sensitivity Analysis of the Expanded Eligibility of Form A: Non-PBT Chemicals Option Assuming Annual Reportable Amount Thresholds of 500, 1,000, and 2,000 Pounds.