The Environmental Protection Agency's (EPA) changes to the Toxics Release Inventory (TRI) were a prominent issue at the Senate Environment and Public Works Committee's (EPW) Feb. 6 EPA oversight hearing. The three-panel hearing also addressed the closure of EPA libraries, the elimination of perchlorate testing, and the agency's current consideration of revoking the air quality standard for lead.

The EPW hearing is EPA's first under the new Democratically controlled Congress and probably set a tone for future hearings. It included much sharper questioning of EPA decisions and actions than was typical under the Republican controlled hearings of the last few years. EPA Administrator Stephen Johnson, after a brief opening statement claiming significant improvements in protecting the environment, was almost immediately placed on the defensive with tough questions about EPA's library closures and raising thresholds for toxic reporting.

Sen. Frank Lautenberg (D-NJ) was among the most aggressive committee members on the subject of EPA's TRI changes. Lautenberg questioned Johnson on the importance EPA placed placed on input from its own Science Advisory Board, state agencies and the general public—all of which weighed in heavily against the changes to TRI. Johnson responded that these perspectives were considered by the agency but that EPA had an opportunity to improve environmental performance and create incentives to reduce toxic pollution. When questioned further on how EPA could be sure toxic pollution would drop under the changes, Johnson was unable to provide any specific evidence or analysis.

In the second panel, John Stephenson, Director of the Natural Resources and Environment Department at the Government Accountability Office (GAO), testified about preliminary findings from its investigation of the EPA's proposals to reduce TRI reporting. Stephenson testified, "EPA did not adhere to its own rulemaking guidelines when developing the proposal to change TRI reporting requirements." The GAO investigation found at least three questionable actions by EPA, including the forced consideration of an option that a workgroup rejected earlier in the process, shortcuts in impact analysis and insufficient opportunity for a full agency review by other EPA offices.

Stephenson also made clearer the enormous impact the changes would have to information on local toxic pollution. GAO concludes "that the TRI reporting changes will likely have a significant impact on information available to the public about dozens of toxic chemicals from thousands of facilities in states and communities across the country." Stephenson's testimony also noted that EPA's claims that the impact of the changes were minor because the changes would only effect one or two percent of toxic pollution tracked under TRI "runs contrary to the legislative intent of EPCRA and the principles of the public's right-to-know."

Protecting small businesses came out as a major theme in justifying the EPA's rollback of the TRI program. Thomas Sullivan, General Counsel for the Small Business Administration's Advocacy Office, and Nancy Klienfelter, a small business owner and member of the National Federation of Independent Businesses, both testified that the reduced TRI reporting would be a significant benefit to small business. However, several Senators questioned the benefits available. Sen. Amy Klobuchar (D-MN) confirmed with Johnson that some of the TRI information would still have to be reported under another provision that provides first responders with emergency planning information. Klobuchar found it difficult to understand that significant time savings could be achieved from just reporting the information in one place instead of two.

During his questioning of Johnson, Lautenberg also stated that he would be introducing legislation shortly that would restore the TRI program's previous reporting thresholds. Later, Sen. Barbara Boxer (D-CA), chair of the committee, also stated that since the EPA had finalized the TRI changes, legislative action might be needed.