Oregon Industries Escape Public Accountability for 'Toxic Use Reduction'

Last month, Oregon lawmakers eliminated a provision in the state's Toxics Use and Hazardous Waste Reduction law that required industries to produce annual reports on 'toxics use reduction.' The annual reporting requirement was replaced with a one-time report on pollution prevention plans, in a move that has shocked and angered state environmental leaders, who pushed to expand, not reduce, reporting on and public access to pollution prevention information. Since 1989, Oregon state law has required industries to file annual Toxics Use Reduction (TUR) plans, which encouraged companies to cut their use of toxic chemicals by requiring them to examine practices, inventory toxics chemicals, and investigate alternative products and processes. However, the reports were never submitted to the state’s Department of Environmental Quality (DEQ), nor did the law grant citizens access to them. The Oregon Toxics Alliance and other environmental groups lobbied the state legislature last month to require industries to submit their TUR reports to the state's DEQ, in order to gain public access to the reports, and thereby increase corporate accountability on toxics reduction. Unfortunately, the legislature took the opportunity to pass Senate Bill 43, which grants public access to the reports but eliminates the annual reporting. Under the legislation, signed into law by Governor Ted Kulongoski on June 9, companies must submit a one-time summary, which be made available on the Internet, detailing reductions or plans to reduce chemical use. Many question the usefulness of these public reports as a replacement for annual reporting that would have enabled concerned citizens to evaluate companies' progress on toxic reduction plans. Only Oregon and Massachusetts use TUR to monitor and reduce toxics. However, unlike Oregon, Massachusetts requires TUR reports to be publicly available. This availability enables the public, government regulators, technical experts and scientists to collaborate on determining the best ways to reduce toxics. The more open approach has reduced the amount of hazardous waste generated in Massachusetts by 67 percent over the last 10 years, according to the Massachusetts Toxics Use Reduction Institute UMASS Lowell. The federal Toxics Release Inventory (TRI) also demonstrates the importance of both public disclosure and regular reporting. Under TRI industries publicly disclose their toxic pollution each year. Public disclosure under the TRI program has helped reduce pollution.
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