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OMB Watch pens letter to U.S. SenateLetter to the Senate Environment and Public Works CommitteeDear Senator:On behalf of the undersigned organizations, we write to urge you to support the Toxic Right-to-Know Protection Act (S. 595), which we understand will soon be considered by the Senate Environment and Public Works Committee. This legislation would reverse a recent EPA rule change to the federal Toxic Release Inventory (TRI) that restricted the public's right-to-know about harmful chemicals released from thousands of facilities in states and communities across the country.[1] The TRI program is simple in application but profound in effect. Industrial facilities that use certain toxic chemicals in amounts that exceed established reporting thresholds must file annual release reports, which are subsequently compiled and posted on EPA's website for public review. Small businesses under ten full-time employees and certain industry sectors are exempted from TRI reporting requirements.[2] Although the TRI program does not mandate toxic reductions, the process of public disclosure is a powerful incentive to voluntarily decrease toxic releases. In fact, releases of TRI toxic chemicals that have been continuously reported since 1988 have decreased by 58%.[3] In addition to promoting toxic reductions, the TRI is an essential tool that alerts workers, first responders, public health officials and communities to the presence of harmful chemicals. After more than two decades of success, EPA's new rule is a serious setback for the TRI program. The rule limits available toxic release data by adding a loophole that allows facilities to withhold previously reported information from governmental and public review. A recent GAO assessment determined that these changes will have a significant impact on information available to the public, including more than 3,500 facilities across the country that would no longer need to report their toxic releases. The GAO also found that EPA violated its own rulemaking procedures and noted several problems with EPA's analysis justifying the changes.[4] EPA's action to limit the public's right-to-know was overwhelming opposed by more than 120,000 citizens, 113 government agencies and officials representing 23 states, and hundreds of organizations representing labor, public health, environmental, investor and faith-based interests. The changes were also opposed by the U.S. Conference of Mayors, the Environmental Council of States and EPA's own Science Advisory Board.[5] In May 2006, the House of Representatives voted to block EPA from finalizing the rule.[6] The TRI is a critical public health and informational tool that provides a powerful incentive for voluntary toxic reductions, and arms the public, emergency responders and governments with the information necessary to protect communities from dangerous chemicals. We urge you to vote in favor of S. 595 to restore public access to the toxic release information eliminated by EPA's recent rule. Sincerely, .... Letter and action form are linked at right.Notes:
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