A federal appeals court ruled May 10 that the Environmental Protection Agency (EPA) can no longer require chemical facilities to report methyl ethyl ketone (MEK) releases under the Toxic Release Inventory (TRI). According to the 2003 TRI data, facilities released over 26 million pounds of MEK to the environment. The American Chemistry Council (ACC) filed the petition to delist MEK from the TRI. TRI is a publicly available database that provides annual information on toxic chemical releases. It was created under the Emergency Planning and Community Right-to-Know Act of 1986. The industry association first submitted the petition to EPA in 1998, but EPA rejected the measure, arguing that because the chemical helped in the formation of ozone, which is harmful to people, the chemical qualified as toxic and therefore could be regulated under TRI. ACC took the matter to court with a lawsuit against EPA's decision. In 2004, a judge ruled in EPA's favor, stating that because MEK contributed to the formation of a compound that causes adverse impacts to human health it could be regulated under TRI. The May 10 appeals court decision overturns that ruling. The judge ruled more narrowly that MEK does not fall under the definition of toxic because by itself the chemical does not cause harm upon exposure to the chemical. The agency's tests have shown that exposure to MEK does cause irritation to eyes, nose and throat. The tests also confirm that the chemical does not cause any major health effect by itself. EPA's primary concern with the chemical is its contribution to ozone. EPA proposed a 2003 rule to remove MEK from the list of hazardous air pollutants regulated under the Clean Air Act. MEK is used in lacquers and surface coatings, adhesives, printing inks, paint removers, and special lubricating oils. It is also used in drugs and cosmetics. According to a fact sheet on MEK produced by the state of New Jersey, repeated high exposure to the chemical can damage the nervous system and brain. EPA has not decided if it would challenge the latest court ruling and try to keep MEK among the chemicals tracked in TRI. CHEMICAL Total On-site Disposal or Other Releases Total Off-site Disposal or Other Releases Total On- and Off-site Disposal or Other Releases Methyl Ethyl Ketone 25,972,269 pounds 421,047 pounds 26,393,316 pounds SOURCE: 2003 Toxic Release Inventory