House Blocks Changes To Toxics Release Inventory

The House of Representatives on May 18 voted to thwart EPA’s plans to trim the amount of information the public gets about releases of toxic chemicals.

In a 231 to 182 vote, the House adopted the provision as part of a spending bill that it passed later the same day. The measure, H.R. 5386, would fund EPA and the Interior Department in fiscal 2007.

Republicans and Democrats supported the amendment, which was offered by Rep. Frank Pallone Jr. (D-N.J.).

Pallone’s amendment prevents EPA from spending any money to finalize or implement a rule affecting the Toxics Release Inventory. Under the TRI program, which was established under the Emergency Planning & Community-Right-to-Know Act, industrial facilities must supply the agency with information each year about their release and transfer of hundreds of chemicals. The agency compiles the data and releases them to the public annually.

In late 2005, EPA proposed changing its requirements for TRI reporting in hopes of reducing the financial burden this program places on companies.

Currently, a facility must use either a long form or a short form to inform the agency about its yearly releases and transfers of chemicals. A facility can file the shorter one, called Form A, if it handles less than 500 lb a year of a TRI chemical—with the exception of substances that EPA classifies as persistent, bioaccumulative, and toxic. Otherwise, the facility must file the longer Form R.

Under the proposal, EPA would raise the threshold for reporting with Form A to 5,000 lb. This change would affect only releases and transfers of chemicals not categorized as persistent, bioaccumulative, and toxic.

The modification would reduce the amount of TRI information available to the public, though the significance of this change is under debate (C&EN, Oct. 31, 2005, page 22).

Environmental groups, among others, strongly oppose EPA’s plan. Supporters include small businesses and others in industry, including the American Chemistry Council.

EPA officials said on May 19 that, by December, they expect to issue a final rule changing the threshold for the TRI short form. If adopted by the Senate, however, the Pallone amendment will halt funding for this effort when fiscal 2007 begins on Oct. 1.