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SEPA Environmental
Democracy In Action:
Community
Right-To-Know
J Printed on Recycled Paper
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One of the top priorities I would cite for the Earth Summit in
Rio has to do with information, with people's right to know
who is doing what to the environment. In the Agenda 21
chapter on toxic chemicals appears an important principle
referred to as "Community Right-to-Know." This means in
essence that communities have the right to information about
the amounts and kinds of chemicals that are stored, used and
released in their midst.
In the United States, Community Right-to-Know has
become one of the most powerful tools for protecting the
environment and for promoting environmental democracy.
The program establishes the public's basic right to informa-
tion - a tool far more powerful than its legislative authors had
ever imagined or intended. It provides an annual inventory of
the toxic chemicals released into the air, water, and the land
from every major industrial plant during its normal opera-
tions. This inventory has motivated companies to manage
their toxic chemicals better and has enabled government
agencies to target their resources on the most serious risks.
The Community Right-to-Know program has been instrumen-
tal in reducing chemical accidents. It encourages the reduction
of stockpiles and the substitution of less hazardous chemicals.
It calls for local planning to prevent accidents and minimize
public health impacts when accidents do occur. Finally, the
program has fueled the energies of nongovernment organiza-
tions and of community groups.
An international Community Right-to-Know principle is
critical, I think, to the design of several of the agreements we
hope to achieve at the Rio conference. The text for the UNCED
Agenda 21 contains several provisions we strongly support,
including the endorsement of the general principle of Com-
munity Right-to-Know. It includes recommendations that
governments develop national accident-prevention policies,
disseminate information - including emissions inventories - to
the public, and formulate risk guidelines that explain what
these data mean.
I commend this brochure to you with the hope that its
description of the United States' Community Right-to-Know
program, toxics release information and 33/50 programs will
serve both as proven examples of effective environmental
protection and inspiration for those countries searching for
environmental solutions.
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COMMUNITY RIGHT-TO-KNOW
Free Flow of Information Between Government and
Public
In the United States (U.S.) it has become increasingly appar-
ent that the sharing of environmental information with the
public has improved environmental policy-making. The
Emergency Planning and Community Right-to-Know Act,
enacted by the U.S. Congress and signed by the President in
1986, created the first publicly available database of toxic
releases to the land, air, and water. This Toxics Release
Inventory (TRI) was established to provide the public with
more accurate information about potentially hazardous
chemicals in their environment in order that they may make
more educated decisions about how to manage them.
The information generated by this right-to-know law has
reaped many rewards and highlighted some problems for the
U.S. government, industry and the public. It has been one of
the most useful environmental policy tools ever wielded by a
nation's people. Companies have been motivated to reduce
pollutant emissions from their facilities, and they have saved
money and improved profits by finding effective ways to cut
down their wastes. The U.S . EPA has used the information to
identify high risk areas in order to target them for improve-
ment. The public has become better informed about their
communities and environmental problems they need to
address.
Community Right-to-Know
A community has a right to know about the amounts
and kinds of chemicals that are stored, used and release
in their midst
A powerful tool for protecting the environment
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TRI has been discussed at many recent international
meetings, and interest on the part of other nations continues
to grow. A number of nations are working to establish similar
publicly available chemical inventories. At one meeting, an
Environment Canada representative spoke highly of the
United States' chemical release inventory and how it is
influencing the development of Canada's National Pollutant
Release Inventory:
"I would like to stress the importance of having a database
like TRI. It is a tool that can be used as a pointer to identify
hot spots or areas that merit our attention or as a bench-
mark or reference point for further investigation or regula-
tion. Environmental agencies and public interest groups
can use the data to encourage facilities to cut back on
pollutant releases. These data will be used to help reduce
toxic emissions and, in Canada's case, help implement our
Green Plan goal of a healthy environment and a sound,
prosperous economy.
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Right-To-Know Becomes Law
The Emergency Planning and Community Right-to-Know Act
was enacted on the heels of a number of public policy changes
in several of the States and one horrific environmental disaster.
Demands by workers in several of the fifty U.S. states for
information on the hazardous materials they were working
with led to the establishment of Worker Right-to-Know laws.
At the same time, a number of organizations around the
country started demanding information on toxic chemicals
being released "beyond the fenceline"; outside of the facility.
As this right-to-know movement gained momentum in the late
1970s and early 1980s, the terrible tragedy at the Union Carbide
plant in Bhopal, India occurred in December 1984. A deadly
cloud of methyl isocyanate killed 2500 people and injured tens
of thousands . Many Americans asked, "Could it happen
here?" Shortly after the Bhopal tragedy there was a serious
chemical release in West Virginia. The questions grew more
urgent, and, as a result, the Emergency Planning and Commu-
nity Right-to-Know Act was passed by the Congress and
signed by the President in the fall of 1986.
The law has two main purposes: to encourage and support
emergency planning for responding to chemical accidents; and
to provide people with information about possible chemical
hazards in their communities - a toxics release inventory.
Community Right-to-Know Law Overview
The Toxics Release Inventory is just one section of the
Emergency Planning and Community Right-to-Know Act
(EPCRA). Others address emergency planning, accident
notification, and record of materials kept on site.
Emergency Planning: Local planning commissions develop
• and review plans for responding to chemical emergencies
such as accidental spills. Many communities sponsor drills,
where they practice responding to emergencies involving
hazardous chemicals.
Chemical Accidents Notification: Facilities must notify
• emergency response agencies in their communities immedi-
ately when a chemical accidental happens.
Chemical Inventories: - Local fire departments and state and
H local emergency preparedness groups receive inventories of
hazardous chemicals from facilities in their area. This
information helps prepare for possible future emergencies.
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The Emergency Planning and Community Right-to-Know Act
requires that detailed information about the nature of hazard-
ous substances in or near communities be made available to
the public. The law also provides stiff penalties for companies
that do not comply, and it allows citizens to file lawsuits
against companies and government agencies to force them to
obey the law.
TOXICS RELEASE INVENTORY
TRI: What It Is
1 he Emergency Planning and Community Right-to-Know
Act requires, among other things, manufacturing facilities to
report to the EPA each year the amounts of more than 300
toxic chemicals their facilities release into the environment,
either routinely or as a result of accidents. The chemicals
covered under the TRI program must meet one of three
toxicity criteria: they must reasonably be expected to cause
acute health effects, chronic health effects, or be toxic to the
environment. EPA puts the data into a computer database
called the
Toxics Release Inventory, which is accessible to the public
through computer telecommunications and other means.
The purpose of the legislation is to inform the public and
government officials of chemical releases that could poten-
tially affect the environment or human health. For 1990 (the
fourth year of TRI reporting), over 80,000 reports representing
5 billion pounds of chemical releases were submitted to EPA
by about 22,000 manufacturing facilities and published
collectively as the Toxic Release Inventory.
Toxic Chemical Release Reporting
Covered facilities submit annual reports on yearly toxic
chemical releases to states and EPA.
EPA establishes a national toxic chemical release inven-
tory based on facility reports.
States and EPA make release information available to
the public and communities.
EPA makes the information accessible on a computer-
ized database and by other means.
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Facilities That Must Report
A facility must report to the EPA if it meets all three of the
following criteria: 1) It conducts manufacturing operations (i.
e., is in U.S. Standard Industrial Classification (SIC) Codes 20-
39); 2) employs 10 or more full-time workers per year; and 3)
manufactures, imports, or processes more than 25,000 pounds
or otherwise uses over 10,000 pounds per toxic chemical in a
calendar year.
Toxic Release Information
Facility location.
Specific chemicals made, processed, imported or used
by the facility.
Chemical amount released to the air, water, land, and
sent off-site.
Kinds of Information Available
The TRI contains detailed information provided by manufac-
turers about chemical releases into the surrounding environ-
ment. Using the TRI, you can locate and compare reporting
facilities; determine how toxic chemicals are used during or as
a result of the manufacturing process; estimate the amounts of
which chemicals were released into the environment - air,
land, and water - annually, and the maximum amount present
at a facility during the year; determine the amount of toxic
waste transported away from the facility and off-site locations
to where it is shipped; and identify waste treatment/disposal
methods employed by the facility and the effectiveness of
treatment methods. Beginning in reporting year 1991, report-
ing on pollution prevention practices in use or planned for
implementation at the facility became mandatory.
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Public Access to the TRI
The TRI is published in a variety of formats to meet the needs
of a large and diverse audience. Each year, a printed national
report highlights significant releases and reporting trends,
and provides analyses of the data by chemical substance,
industry, and geographic location. A comprehensive report
issued on microfiche and covering the entire U.S. contains all
of the data reported to the TRI. An on-line system, as well as
computer-based products like CD-ROM (Compact Disk -
Read Only Memory), floppy diskettes, and magnetic tapes,
provide the flexibility for researchers and data users with
specialized needs to manipulate the data in many different
ways.
In accordance with the spirit of the right-to-know provi-
sions in the legislation, an extensive effort is made to make
TRI information available in communities all across the
country. For example, TRI products have been distributed to
over 4,000 locations - many of them public libraries - where
individuals can go to use the data free of charge. (TRI has also
been provided to organizations outside the United States, as
well.) In addition, the TRI may be purchased from either the
U.S. Government Printing Office or the National Technical
Information Service, two federal agencies that sell govern-
ment information products for nominal fees.
Public Availability of TRI Information
U.S. Environmental Protection Agency
State government offices
Public interest groups
Public libraries
Universities
Industry groups
Other U.S. agencies
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Using TRI Information
TRI data is used in a number of ways. Citizens frequently use
TRI to learn about potential hazards posed by facilities located
in their communities, and in many cases, have entered into
partnerships with business to bring about constructive
changes. Public interest groups use TRI to lobby legislators for
new environmental legislation, pressure facilities, and educate
citizens. State agencies use TRI to enforce existing legislation,
for example, by comparing state and federal air and water
permit data to reports filed for TRI. For businesses, TRI
provides an industry standard that allows them to compare
their facilities' performance with other plants engaged in the
same manufacturing activity.
Impact of the TRI
TRI was intended from its inception to spur voluntary action
by businesses, citizens, and local government officials to
reduce toxic pollutant emissions. There is ample evidence that
it is achieving this goal. As a result of public pressure, many
companies are voluntarily reducing toxic emissions. More and
more states are passing laws designed to prevent - not just
treat - industrial pollution. As a result, TRI has been heralded
as one of the most effective pieces of environmental legisla-
tion in United States history.
EPA's Toxics Release Inventory
1989 Distribution of Releases and Transfers
Surface water
discharges (3.3%)
Land disposal
(7.8%)
Undergroud
Injection (20.7%)
Transfer to public
Sewerage (d.7%)
Air emmlsslons
(42.5%)
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THE 33/50 PROGRAM
A Government/Industry/Public Partnership
One of the primary benefits of TRI is that it provides an
annual accounting of the nation's management of toxic
chemical wastes. This very public ''report card" for the
industrial community creates a powerful motivation for
reducing waste generation. In order to take full advantage of
this trend, EPA created the 33/50 Program, so named because
it establishes national emissions reduction goals for high-
priority chemical wastes: a 33% reduction by 1992, and 50%
by 1995. In fact, the 33/50 Program is considered a partner-
ship, not only between government and industry, but with the
public as well to find the best means of addressing public
concerns, making rapid environmental protection progress,
and providing industry with the flexibility it needs to find
innovative solutions.
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Pollution Prevention
The 33/50 Program embraces the concept of pollution preven-
tion as the best means of achieving these goals: pollution
prevention is the straight forward idea that reducing wastes
before they are generated is preferable to treating and dispos-
ing of them after generation. Experience has shown us that
industrial pollution prevention also saves industry money in
terms of increased overall efficiency, lower waste handling
costs, and reduced administrative burdens.
Program Goals
In 1988, the chemical wastes covered by the 33/50 Program
amounted to 1.4 billion pounds of air emissions, waste water
discharges, and solid wastes. The 33/50 Program aims to cut
this waste generation in half - a 700 million pound reduction -
by 1995. This is an ambitious goal, and EPA has chosen an
innovative way to achieve the goal. We have asked thousands
of companies to voluntarily set a numerical reduction goal
and submit a written commitment to EPA that they will try to
achieve their, goal by 1995. Some companies have even
committed to a complete elimination of the use of the high-
priority chemicals between now and 1995.
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Program Progress
Since its inception in 1991, the 33/50 Program has made rapid
and substantial progress. More than 750 companies have
signed up by submitting reduction commitments. These
commitments add up to anticipated 1992 reductions of more
than 350 million pounds of toxic wastes—half way to our 1995
goal. More commitments to reduce wastes arrive at the 33/50
Program offices every day. Many of the commitments are
from major international corporations such as Du Pont,
AT&T, General Motors, and Xerox. Some of these companies
have even extended their reduction commitments to include
all their facilities world-wide, so that the 33/50 Program is
bringing about toxics reductions beyond the boundaries of the
United States.
Such voluntary agreements to major reductions in chemi-
cal wastes under the 33/50 Program are an indication of
industry's growing sense of environmental responsibility and
commitment to pollution prevention and the recognition that
the public's expectations of progress can best be met by
setting aggressive reduction targets, and documenting
downward waste generation trends through the TRI and
the 33/50 Programs.
While only halfway to the 1995 goal of a 700 million
pound reduction, EPA believes that the 33/50 Program will
ultimately be successful in meeting, possibly even exceeding,
the 50 percent reduction goal. The success of the program will
be a testimony to a novel approach to environmental manage-
ment that combines voluntary action, pollution prevention,
and the public's right-to-know.
l.OUU
1,400
1,200
1,000
800
600
400
200
0
MILLIONS of pounds
1400
Total 33/50
Releases In
1988
5.
700
IDA LI
I
700
600
400
300
200
100
0
0% Reduction Reduction
Goal Commitments
By 1 995 As of February 1 992
u
_ p
t
•
^S^SSSi
July 1991 February
1992
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ENVIRONMENTAL DEMOCRACY
IN ACTION
Opening Up the Decision-Making Process
1 he EPA does not have the resources to address all of the
environmental ills facing our nation at the same time. The
Agency needs to set priorities and target its environmental
protection efforts on the basis of opportunities for reducing
the most serious risks. There are many ways to approach the
problem. TRI has fostered one approach that has proven to be
very effective: the opening up of the decision-making process.
In a democracy, support of individual citizens is impor-
tant to the success of any national endeavor, and particularly
so, in the national effort to reduce environmental risk, because
the causes of and solutions to environmental problems are
often linked to individual and societal choice. Using TRI, the
EPA has expanded the amount of environmental information
available to people. The TRI alone, of course, does not provide
all the answers people seek, but, it does help people ask better
questions. An engaged public often can be helpful in gather-
ing information that supports the technical analysis of risk.
An informed public operates less from emotion and more
from reason. Negotiation rather than confrontation results
from this "opening up of the records" required under TRI.
We' ve seen that by trusting the public to interpret and work
with the TRI, the public, in turn, has become a little more
trusting of the actions of government and the regulated
industries. Rather than saying, "trust us to make the right
decision," TRI says "trust but verify".
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Earth Summit Priority
At the Pre-Earth Summit meeting in March, EPA Administra-
tor William K. Reilly emphasized that Community Right-to-
Know was one of three priorities for the Earth Summit
conference. He said, "... an international Community Right-to-
Know principle is critical, I think, to the design of several of
the agreements we hope to achieve at the Rio conference/' He
went on to say,
'The spotlight of public awareness is very bright indeed,
and the power of information should never be underesti-
mated. It can make communities everywhere partners in
environmental management. People have a right to know
about chemical hazards where they live and work - the
principle is as simple as that/'
UNCED Agenda 21 Community Right-To-Know
Provisions
Endorsement of the general principle of community
right-to-know
Development of national accident-prevention policies
Dissemination of information to the public-including
emissions inventories
Formulation of risk guidelines that explain what the
disseminated data means
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International Cooperation Is Important
All nations have limited resources and many demanding
publics. One way to make productive use of these scarce
resources is to extend the cooperative relationship established
on other public policy fronts, (security, trade, foreign aid, to
name a few) to the area of environmental policy. Shared
information must be expanded to include the risk, and
ecological and economic analyses involved in establishing
sound environmental policies. The sharing of environmental
information between governments and governments among
their people has proven very useful. Perhaps in the future all
nations will be able to share information via publicly available
chemical databases, like the TRI established under the U.S.
Emergency Planning and Community Right-to-Know Act.
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Contacts For More Information
For more information about on-line access to TRI using
the National Library of Medicine TOXNET system, write to:
TRI Representative, NLM Specialized Information Services,
8600 Rockville Pike, Bethesda, MD 20894, U.S.A. or call (301)
496-6531.
For general information and search assistance, cantact the
U.S. E.PA. at:
TRI User Support (TS-793)
401 M St., SW, NEB002 • Washington, DC 20460
202/260-1531
To order copies of printed or computer-based TRI prod-
ucts, call or write to one of the following:
Superintendent of Documents National Technical Information Service
U.S. Government Printing Office 5285 Port Royal Road
Washington, DC 20401, U.S.A. Springfield, VA 22161, U.S.A.
Phone (8:00 a.m. - 4:00 p.m EST) Phone (8:30 a.m. - 5:30 p.m. EST):
202-783-3238 (general sales) 703-487-4650 (general sales)
202-275-0186 (computer products) 703-487-4763 (computer products)
FOR PARTICIPANTS IN THE EARTH SUMMIT
UNCED 1992
RIO DE IANEIRO, BRAZIL
IUNE 3-15,1992
I PLEDGE TO MAKE THE EARTH
A SECURE AND HOSPITABLE HOME
FOR PRESENT AND FUTURE GENERATIONS
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