EPA Expands Toxic Right-to-Know Program

For the first time since 1999, the Environmental Protection Agency (EPA) has added chemicals to the list of toxic substances that must be reported to the Toxics Release Inventory (TRI). The TRI program tracks toxic pollution from thousands of facilities nationwide. The move is an overdue step in the right direction for this crucial right-to-know program and represents a welcome break from the previous administration's attempts to weaken TRI.

On Nov. 26, EPA finalized a rule adding 16 toxic chemicals to the list of substances that must be reported under the TRI program. The 16 chemicals are classified by the National Toxicology Program (NTP) as "reasonably anticipated to be a human carcinogen." The new requirements go into effect for the reporting year beginning January 1, 2011.

OMB Watch supports this move by EPA. In comments submitted to EPA, we stated, "An expansion of the list of chemicals covered by the TRI program has been needed for years. The chemicals EPA has selected for this expansion are appropriate, and their inclusion will strengthen the TRI program." The list of the 16 chemicals may be found here. According to EPA, most of the facilities that will be reporting on these newly added chemicals "are from industry sectors that manufacture basic organic chemicals, dyes, pigments, plastics and resins. Reports are also expected from petroleum refineries."

Yet despite the need for action like this, it is still a very modest response to a pressing need for more information on toxic pollution.

Although there are now more than 84,000 chemicals manufactured or processed in the U.S., only 666 chemicals and chemical categories are reported under TRI. The agency's new rule will boost that number to 682. It is likely that not all of the 84,000 plus chemicals need to be covered by TRI, but the agency's action proves that there is room for expansion.

Considering EPA was able to find 16 more chemicals to add to TRI, how many more are being dumped into our environment unnoticed? In this action, EPA only considered possible carcinogens, and only those classified as such by one source, the NTP's 11th Report on Carcinogens.

However, the law authorizes EPA to also consider chemicals that cause reproductive or neurological problems, genetic mutations, and other chronic problems in humans. EPA can also consider a chemical's toxicity to the environment.

EPA should undertake regular reviews of chemicals to consider adding to the TRI program, and the agency should consider much more than just likely carcinogens. To tackle the vast number of toxics we are confronted with, the agency should set up a system to prioritize which chemicals are evaluated first. Such a regular process would hopefully prevent yet another decade from going by with no new additions to the program.

Additional reporting gaps limit the public's ability to use TRI. Entire industries are excluded from having to disclose their toxic pollution under TRI. For example, the oil and gas extraction industry does not have to report pollution from drilling rigs. With the rapidly expanding and controversial natural gas drilling in the Marcellus shale in the northeast and elsewhere, the public needs to know – and has a right to know – what harmful substances these facilities are releasing. And let's not forget a certain oil well in the Gulf of Mexico. BP is not required to report to TRI releases from the wrecked Deepwater Horizon. These egregious loopholes must be closed. EPA should review what industries are not now required to report and identify those that should be added to the program.

Recent years have seen a number of changes in industrial processes and new chemicals, as well as new scientific information exposing previously unknown chemical hazards. EPA's TRI program has a significant amount of ground to cover to meet the needs of the public for information on these evolving threats. Hopefully this new action by the agency portends more and greater actions in the near future.
 

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