Introductory Statement on S. 4118
Mr. President, I rise today to introduce legislation that would preserve the public's right to know exactly what types and amounts of chemicals are being stored and released into their neighborhoods and communities. The legislation would…
Mr. President, I rise today to introduce legislation that would preserve the public's right to know exactly what types and amounts of chemicals are being stored and released into their neighborhoods and communities.
The legislation would stop the Environmental Protection Agency's dangerous attempts to undermine the Toxic Release Inventory--TRI-- program--which I authored in 1986--by allowing facilities that release up to 5,000 pounds of a toxic chemical to simply provide notice of a chemical's presence at the facility, rather than disclose the actual amounts released to the land, air, and water. The 5,000 pounds standard represents a ten-fold increase of the current reporting threshold; this change would eliminate detailed reporting for thousands of facilities in communities around the country, including 92 facilities in New Jersey, and could eliminate entirely the disclosure of the releases of more than a dozen potentially dangerous chemicals. The EPA also has proposed to require reports on chemical emissions only every other year, instead of the current annual requirement. Under this wildly irresponsible proposed rule change, corporations would only be required to disclose their chemical emissions every other year. This means that communities would have no knowledge of what chemicals have been released in the 50 percent of years where emissions are not disclosed; additionally, companies would have a perverse incentive to
concentrate their most egregious releases of toxic chemicals into the environment in years which are not reported. Furthermore, the EPA has published a proposal to reduce the information available to the public regarding the management of some of the most toxic chemicals that accumulate in the environment, including lead and mercury. Needless to say, I strongly oppose all three of these rule changes; the legislation I am introducing will stop them from taking place.
I firmly believe that it is simply unacceptable for the EPA to reduce the amount of information available to the public about chemicals-- including mercury, lead and other carcinogens--stored nearby or released into their community. When Congress passed the original Emergency Planning and Community Right-to-Know Act in 1986, as a response to the 1984 Union Carbide chemical disaster in Bhopal, India, some accountability was finally established in the chemical industry. And now, the EPA is attempting to weaken these rules and reduce the amount of information available to the public on these critical issues. For instance, in my home State of New Jersey, a chemical facility that released 2,000 pounds of arsenic via air emissions in 2003 would no longer be required to disclose this pollution to the general public. Fourteen facilities that released a combined 8,600 pounds of carcinogenic styrene would no longer have to report these emissions in detail. I find these proposals absolutely outrageous. It truly begs the question: who is the EPA really ``protecting''? The general public and the environment, or corporate interests that pollute our communities?
While the EPA touts the benefits of its proposal as ``burden reduction'' for industry, I strongly believe that the benefit of annual, detailed reporting vastly outweighs the marginal reduction in burden that will be provided to industry. In fact, according to the EPA's own estimates, the average cost saved for facilities no longer required to report the release of toxic chemicals in amounts less than 5,000 pounds would be approximately $2.32 per day. It is simply stunning that the EPA is willing to jeopardize public health and safety for a daily cost savings roughly equivalent to a couple cups of coffee.
There are constructive ways to improve the TRI program, and lessen the burdens on industry, without reducing the amount of information available to the public. These include improving the system for electronic reporting, and offering technical assistance to help businesses comply with the requirements.
The bill I am introducing is simple. First, it would codify the requirement that companies which release emissions of more than 500 pounds of any standard TRI chemical must disclose the details of their releases. Releases in amounts less than 500 pounds would continue to be allowed to use the less detailed reporting form. Second, it would codify the current prohibition on using the less detailed form for the most persistent chemicals, including lead, mercury, and dioxin. Finally, it would prevent EPA from making the frequency of reporting less than every year.
I would be remiss not to thank my congressional colleagues in the House of Representatives, Frank Pallone of New Jersey, and Hilda Solis of California, with whom I have been pleased to work on this issue. Representatives Pallone and Solis have introduced the companion of this bill in the House; I now look forward to continuing to work with them to ensure its passage. I would also like to thank my colleagues Senator Menendez and Senator Boxer, for being original cosponsors of this important legislation.
As a result of the EPA's dereliction of its duty to protect the public and the environment, Congress must act to do so. I strongly encourage my colleagues to do just that by enacting this legislation.
I ask unanimous consent that the full text of the bill be printed in the Record.