United States Office of Pollution Environmental Protection Prevention and Toxics Agency (TS-779) EPA700-R-92-007 June 1992 Proceedings Toxic Release Inventory (TRI) Data Use and Pollution Prevention Conference January 13th, 14th, and 15th, 1992 New Orleans, Louisiana Sponsored by the U.S. Environmental Protection Agency in conjunction with the Association of State and Territorial Health Officials (ASTHO) National Association of State Title III Program Officials (NASTTPO) Association of State and Territorial Solid Waste Management Officials (ASTSWMO) £70 Recycled/Recyclable r\ <(\ Printed with Soy/Canola Ink on paper lha YDC7 contains at least 50% recycled fiber ------- Toxic Release Inventory (TRI) Data Use and Pollution Prevention Conference Proceedings U.S. Environmental Protection Agency Office of Pollution Prevention and Toxics (TS-779) Washington, D.C. 20460 ------- Disclaimer Publication does not signify that the contents necessarily reflect the views and policies of the U.S. Environmental Protection Agency or of any other organization represented in these proceedings. Mention of trade names and commercial products does not constitute endorsement of their use. ------- TRI DATA USE AND POLLUTION PREVENTION ACKNOWLEDGEMENT Agenda Steering Committee Co-Chairpersons George Bonina Julie Winters Lynch U.S. EPA, Office of Pollution Prevention and Toxics (OPPT) Committee Members Gerry Brown, OPPT; Mike Burns, OPPT; Jim Craig, OPPT; Eileen Fesco, OPPT; Ken Geiser, L/MASS/LOWELL, Toxics Use Reduction Institute; Eileen Gibson, OPPT; Steve Hanna, CA EPA', Al Innes, Waste Reduction Institute for Training and Applications Research; Arnie Kuzmack, Office of Water; Fran Lynn, University of North Carolina; Paul Drum, U.S. Public Interest Research Group; Casey Padgett, Environmental Action; Dwight Peavey, Region I; Gerry Poje, Green Seal; Nikki Roy, Office of Solid Waste; Sam Sasnett, OPPT; Doug Sellers, OPPT; Priscilla Seymour, Forum on State and Territorial Toxics Actions, TX; Andrew Stoeckle, Abt Associates Inc.; Bob Styles, WRFTAR; Dianne Thiel, Region VIII; Edward Weiler, OPPT; and Andrew Wheeler, OPPT. Special Thanks Eileen Gibson, Conference Coordinator, OPPT Daniel Reck, Environmental Policy Analyst, Abt Associates Inc. EPA Track Coordinators Track I: Jim Craig, OPPT Track II: Eileen Fesco, OPPT Track HI: Bridget Sullivan, Office of Compliance Monitoring Track IV: Jan Erickson, OPPT ------- TRI DATA USE AND POLLUTION PREVENTION CONTENTS ACKNOWLEDGEMENT i INTRODUCTION v CONFERENCE OVERVIEW 1 Goals and Objectives 1 Plenary Sessions 2 Track Sessions 3 Exhibits and Demonstrations 4 Training Sessions 5 KEYNOTE SPEECHES 7 Senator David Durenberger 7 Linda Fisher 14 Joel Lindsey 17 PLENARY PANELIST SPEECHES 27 Mark Greenwood 29 Debbie Sheiman 32 Art Gillen 36 Lee Tischler 40 Ted Smith 42 Jack Kartez 49 Eric Frumin 51 Mark Schleifstein 65 TRACK SESSIONS 69 TRACK I - USE OF TRI AND POLLUTION PREVENTION DATA 71 PANELIST PRESENTATION SUMMARIES 75 TRACK H - THE ROLE OF TRI IN STATE PROGRAMS 89 PANELIST PRESENTATION SUMMARIES 95 TRACK III - ENFORCEMENT AND MULTIMEDIA PERMITTING 113 PANELIST PRESENTATION SUMMARIES 119 TRACK IV - PROMOTING USE OF TRI DATA 139 PANELIST PRESENTATION SUMMARIES 143 ROSTER OF ATTENDEES 149 111 ------- TRI DATA USE AND POLLUTION PREVENTION INTRODUCTION The 1992 TRI Data Use and Pollution Prevention Conference was held on January 13-15, 1992, in New Orleans, Louisiana. The conference was sponsored by the U.S. Environmental Protection Agency in conjunction with the Association of State and Territorial Health Officials, the National Association of SARA Title III Program Officials, and the Association of State and Territorial Solid Waste Management Officials. The conference provided an invaluable opportunity for EPA to receive feedback on a number of TRI issues from a wide variety of users. The Agency will be reviewing the comments and suggestions prior to making any future TRI policy/program changes. These proceedings contain: a conference overview which summarizes chronologically the major events of the conference; text of the speeches presented by the keynote and plenary speakers; an outline of each of the four track sessions followed by an outline of the panelists remarks; and a list of the conference attendees including address and telephone numbers. We hope that the proceedings will be a valuable reference. The conference was particularly successful in bringing together the full spectrum of TRI users. The broad range of perspectives and experiences of the panelists resulted in both exciting and informative discussions regarding TRI applications, processing, packaging, public availability, data linkage, federal and state responsibilities, enforcement issues, and the future of TRI reporting. We were pleased to see the enthusiasm that was evident throughout the conference. The personal experiences exchanged throughout the conference were one of the keys to its success. It is our hope that this conference was just the start of continuing exchanges that will lead to more effective use of TRI data and more effective pollution prevention. As a result of the hard work of our track leaders, coordinators, EPA staff, and panelists, the four track sessions were a great success. Within each of the tracks, issues such as how TRI is accessed, analyzed, and linked to other data sources were discussed. The tracks encouraged the exchange of information through active participation from the audience. A summary of the track sessions, along with summaries of panelists comments are provided in these proceedings. Mary EMen Weber Linda A. Travers U.S. Environmental Protection Agency U.S. Environmental Protection Agency ------- TR1 DATA USE AND POLLUTION PREVENTION CONFERENCE OVERVIEW This section presents an outline of the 1992 Toxics Release Inventory (TRI) Data Use and Pollution Prevention Conference which took place January 13 through 15/ 1992 in New Orleans, Louisiana. This conference was the first time that such a broad spectrum of TRI users attended the same event. Speakers and panelists articulated specific advantages and successful applica- tions of multimedia reporting as well as areas for improvement. The conference was successful in meeting all of the U.S. EPA's goals and objectives listed below: Goals and Objectives: Expand the network of TRI users Exchange ideas about the diverse applications of TRI data Provide a forum for discussing the future direction of the TRI Foster links between TRI and pollution prevention programs Develop a better understanding of pollution prevention data and how the new TRI data will be used Develop a better understanding of how TRI data is being used in toxic use reduction laws, facility planning, and permitting Develop suggestions for how TRI data can be made more accessible, i.e. new products, outreach efforts, and linkage to other data sources ------- TRI DATA USE AND POLLUTION PREVENTION Plenary Sessions The goals for the plenary sessions were to fairly represent all sectors, private and public, and to provide a forum for discussing important issues surrounding TRI and pollution prevention data. The plenary session speakers, keynote and panelist, represented a wide variety of TRI and pollution prevention data users. A sum- mary of their remarks are provided on pages 7-68 of the proceed- ings. Keynote Speakers The Honorable Senator Durenberger of Minnesota Sponsor, Emergency Planning and Community Right-to-Know Act Linda Fisher Assistant Administrator, U.S. EPA, Office of Prevention, Pesticides and Toxic Substances Joel Lindsey Former Deputy Secretary, Louisiana Department of Environmental Quality Plenary Session Panelists Mark Greenwood U.S. EPA, Director, Office of Pollution Prevention and Toxics Deborah Sheiman Natural Resources Defense Council ArtGillen Director, Environmental Affairs, BASF Corporation Lee Tischler Executive Director Minnesota Emergency Response Commission Ted Smith Executive Director, Silicon Valley Toxics Coalition Jack Kartez Senior Fellow, Hazard Reduction and Recovery Center, Texas A&M University Eric Frumin Director, Occupational Safety and Health, Amalgamated Clothing and Textile Worker's Union Mark Schleifsteirt Reporter, New Orleans Times- Picayune Newspaper ------- TR1 DATA USE AND POLLUTION PREVENTION Track Sessions The goals for the track sessions were to foster the exchange of information through audience participation, and provide a forum for EPA to gather information about TRI data use. All of the tracks were designed to encourage active participation from the audience. Attendees were able to participate in two one-half day track ses- sions: Track I: Use of the New TRI Pollution Prevention Data Track II: The Role of TRI in the State Programs Track III: Enforcement and Multimedia Permitting Track IV: Promoting Use of TRI Data Each of the tracks discussed the following issues in the context of their specific area: How TRI is accessed How TRI is analyzed How TRI is linked to other data sources What changes have resulted from the availability of TRI data Suggestions for improving the value and use of TRI data A summary of the track sessions are provided on pages 69-142. ------- TRI DATA USE AND POLLUTION PREVENTION Exhibits and Demonstrations A reception for the conference participants after the track sessions for the conference participants was augmented with exhibits of TRI capabilities and demonstrations of computer soft- ware packages that access and manipulate TRI data. Exhibits were displayed by a large number of participants and illustrated the diversity of enterprises for which TRI is employed. The 14 demonstrations illustrated custom computer software designed specifically to help users access TRI data, manipulate, and display findings, or link TRI data to other databases. Below are the 14 demonstrations. National Library of Medicine (NLM) - TOXNET Lisa Fleming, U.S. EPA TRI Access - CDROM Jan Erickson & Lisa Capazolli, U.S. EPA OPPT Software TRIFACTS & VOYAGER Eileen Gibson, U.S. EPA RTK-Net (Right-to-Know Network) John Chelen, Unison Institute CAMEO (Computer Aided Manage- ment of Emergency Operations) Melanie Hoff, U.S. EPA Intelligent Advisor Intelligent Advisors, Inc. PIES (Pollution Prevention Information Clearing House) Jocelyn Woodman, U.S. EPA Expert Systems - Karl Birns, KS Department of Health and Environment EPCRA Targeting System - David Meredith, U.S. EPA TRI Geographies Risk Analysis System Vicki Hale & Jacki Ferguson, U.S. EPA, Region VII Graphical Exposure Modeling System Loren Hall & Sondra Hollister, U.S. EPA ------- TRI DATA USE AND POLLUTION PREVENTION Training Sessions Training sessions were offered to state officials who work with TRI and Emergency Planning and Community Right-to-Know pro- grams. Trainees were able to participate in two of the following five training programs. National Library of Medicine's TOXNET - Lisa Fleming, U.S. EPA An overview of TOXNET, including TRI database search menus, command lan- guages/ print options, and sorting and selec- tion. Risk Communication - Eileen Fesco and Dorothy McManus, U.S. EPA An overview of risk communication, in- cluding goals and objectives, rules of risk communication, technical issues, media relations, maintaining public trust and credi- bility. Risk Screening - Loren Hall and Sandra Hofflster, U.S. EPA An overview of risk screening, including basic philosophy and approach, use of TRI data, and information and analytical tools needed. Case studies and hands-on training with PC-GEMS, ROADMAPS, and IRIS. Train the Trainer for Form R - Robert Costa, ICF, Inc. Focused on the new pollution prevention reporting under Section 313 of EPCRA. EPA Tools for TRI and Related Data - Three software tools commonly used by EPA staff. EPCRA Targeting System David Meredith, U.S. EPA CAMEO (Computer Aided Management of Emergency Operations) Melanie Hoff, U.S. EPA PIES (Pollution Prevention Information Clearing House) Jocelyn Woodman, U.S. EPA ------- TRI DATA USE AND POLLUTION PREVENTION KEYNOTE SPEECHES Senator David Durenberger of Minnesota Sponsor, Emergency Planning and Community Right-to-Know Act Linda Fisher Assistant Administrator, U.S. EPA, Office of Prevention, Pesticides and Toxic Substances Joel Lindsey Former Deputy Secretary, Louisiana Department of Environmental Quality Senator David Durenberger Senator David Durenberger is one of the co-authors of the legislation that brings us together. Senator Durenberger was elected to the U.S. Senate in 1978, he is a leader in the areas of environment and health care policy. Senator Durenberger has authored legislation dealing with toxic substances, with leaking underground storage tanks, acid rain, groundwater protection, and, of course, major sections of the Clean Water and Air Acts. He serves as the ranking minority member on the subcommittee of Hazard Wastes and Toxic Substances, and in the 101st Con- gress he is one of the chief authors of creating a cabinet level department for environmental protection. Senator Durenberger has been honored by the Solar Energy Industries Assoc., the Sierra Club, the Renewable Fuels Association, and the National Recre- ation and Parks Association. I want to spend most of my allotted time with you this afternoon talking about the future of the Toxics Release Inventory and pollution prevention. Bills have been intro- duced in the Congress offering a "Right-to- Know More" and moving the government's role in pollution prevention another step for- ward. My assignment today is to describe the Congressional debate on those issues for you. So, I will focus on the future. But before I do that, I want to spend a few moments on the brief history of section 313 of SARA and the Toxics Release Inven- tory. It has worked well, frankly, better than some of us expected when it was enact- ed as an amendment to the Superfund law in 1986. I am the ranking Republican member of Ate Senate Superfund Subcommittee which has jurisdiction over the Emergency Plan- ning and Community Right-to-Know law. That subcommittee has held three oversight hearings on section 313, one in 1988, one in 1989 and one in 1991. So, we have watched implementation of the program closely. And we have been pleased with what we have seen. EPA and the States have done a good job managing the data. There has not ------- TRI DATA USE AND POLLUTION PREVENTION been an inordinate amount of complaining about the paperwork burden in the business community. The press and the public inter- est groups have made good use of the data, analyzing the risks and impacts of toxic releases on their communities. Many facility managers and CEOs have responded to their own reported releases by reducing emissions and reducing risks. I experienced the power of the TRI data in a very personal way. I was the Senate author of the air toxics amendments to the 1990 Clean Air Act. I first introduced my air toxics bill in 1987. It was strongly op- posed by the industrial community and many times in 1987 and 1988 it appeared to me that air toxics would be dropped from the Clean Air Act agenda. But in early 1989, the first TRI report was released by EPA. It showed 2.7 billion pounds of toxic air emissions across the country. This was far more than anyone had expected and it galvanized public opin- ion for a change in the law. By mid-1989, the Chemical Manufac- turers Association was before our Commit- tee testifying that further control of toxic air pollution was necessary and that best tech- nology standards would receive their sup- port. In light of the TRI data, it was the only responsible position that they could have taken. And air toxics became a solid part of the Clean Air Act Amendments. Not only has TRI caused some individual facilities to make commitments for pollution prevention, it has also undergirded govern- mental efforts to impose new controls on those releases. As pleased as we have been with the implementation of section 313, there are weaknesses to be mentioned. One of com- pliance. Something like 25% of the facilities that should be reporting toxics releases are not doing so. That is a very high non-com- pliance rate. It needs to be corrected. EPA needs to be more aggressive on the enforce- ment front. Part of the problem is the en- forcement authority granted to EPA in title III. Their entry and inspection authorities need to be enhanced. But more compliance resources need to be committed, as well. Second, we cannot let our enthusiasm for the anecdotal pollution prevention pledges cloud our understanding of the real trends in the data. Although many have promised to reduce their emissions in the future, it is not true that there has been a significant reduction in toxic releases as a result of TRI. Total reported emissions are trending downward, but that appears to be as much a function of refinements in measurement and reporting as to actual changes in opera- tions that reduce releases. The pressure of reporting to the community under TRI is not yet a substitute for best technology regula- tions at the end-of-the-pipe to protect public health and the environment. And finally, TRI covers only a small portion of the universe of toxic emissions, between 5% and 20%, depending on the way you count. There are many more facilities and activities, than those currently reporting, emitting the listed chemicals. And there are scores of other substances that might appropriately be listed. So, let us expand on the Toxics Release Inventory. That is the future and the objec- tive of the "Right-to-Know More" bills that have been introduced in Congress. There are two "Right-to-Know More" bills now pending. I joined with Senator Lautenberg to introduce S.2123 just as the Congress adjourned in November. We circulated a draft of that bill in June of 1991 and then held hearings on the draft Many of you may have seen that draft and we are very grateful to those of you who took the time to share your comments with us. The introduced bill is only slightly different from the draft that was circulated. 8 ------- TRI DATA USE AND POLLUTION PREVENTION Actually, I urged Senator Lautenberg to make more dramatic alterations. The hear- ing and other comments suggested to me that this bill might overload the TRI system without commensurate gains in public understanding. In a few moments I will share with you my specific concerns about Senator Lautenberg's Right-to-Know-More bill and alternatives that I will be urging the Senate to adopt. Congressman Sikorski introduced a companion bill on the House side. It is H.R. 2880 for those of you taking notes. His bill has two parts. One part is a Right-to-Know More title which is virtually identical to the draft that Senator Lautenberg and I had circulated. The second title of Congressman Sikorski's bill is devoted to pollution pre- vention issues. There are three basic ways to expand the Toxics Release Inventory to provide a "Right-to-Know More." We can add more chemicals to the list. We can require more facilities to report. And we can require additional information on the use or release of each chemical from each facility. The Lautenberg and Sikorski bills make dramatic expansions to TRI in each of these areas. Before discussing the specifics of the legislation, let me outline four considerations that ought to be weighed in the balance, as we think about ways to expand TRI. The first consideration is the burden on EPA and the States and the size of the data- base we are creating. TRI can be looked at as a collection of discrete pieces of informa- tion that must be carefully and reliably managed and manipulated to produce any useful public understanding. The size of that database is dependent on the number of chemicals listed, the number of facilities reporting and the information that must be reported on each chemical. Under current reporting requirements, EPA is managing about 5 million data ele- ments. The reporting amendments that were made by the Congress as part of the Pollution Prevention Act of 1990 will in- crease the database to 8 or 9 million data points in 1993. That is 9 million. By way of comparison, EPA has estimated that the Lautenberg and Sikorski bills would bring in well over 100 million pieces of information each year. There is a limit to how fast and how far the database can be expanded. Not only must the data be recorded and stored reli- ably, but producing true understanding requires that the data be folded and sorted and crunched, as they used to say, in a variety of ways. A database of 100 or 150 million pieces is not so easily manipulated. We do not want a Toxics Release Inven- tory so big that EPA and States take years to produce summary reports. We do not want to delay the publication of the information or its reliability in a quest to get every last scrap of information on toxic releases. There is a point of diminishing returns. A second consideration is the burden on facilities that must report. That is not a serious problem under current requirements. There have not been serious complaints from industry to the Congress about the TRI paperwork burden. But it could become an issue in the future. The Lautenberg and Sikorski bills require new reports on chemical uses and throughputs at the production unit level. For facilities with tens or hundreds of pro- duction units within a single fenceline, unit- by-unit data may become a significant bur- den. A third issue is the burden on those facilities that are covered by TRI because they are in a listed SIC code, but which do not have to report because they do not make or use the chemical in more than the thresh- old amounts. Even if they do not ultimately file a report, managers at these facilities may nevertheless be required to invest consider- ------- TRI DATA USE AND POLLUTION PREVENTION able effort to determine that Right-to-Know does not apply to them. By listing all SIC codes including all the commercial and service enterprises in the country, the Lautenberg and Sikorski bills raise the specter of a "non-reporters'" bur- den. A final consideration is on the benefit, not the burden, side. The world seems to have a "90-10," or maybe it is an "80-20," rule for toxic risks. 90% of the problem is at 10% of the facilities. You can get to most of the human health and environmental problems by working with a small percentage of the potentially regulated universe. The costs you pay to get at the last 10% of the risk can be staggering and are often not justified by the incremental gain in public benefits that is realized. I firmly believe that this rule applies to the Toxics Release Inventory. We can probably capture 90% or 95% or even 99% of the risk by requiring 40,000 facilities to report on 500 substances. To require 225,000 facilities to report on 1000 chemicals, as the Lautenberg and Sikorski bills would do, likely provides very little additional public health benefit. So, let us get to the specifics of these bills. And some alternatives. The "Right-to-Know More" bills would add 600 chemicals to the more than 300 already on the list. They do not list individ- ual chemicals, but rather cross reference other lists in environmental statutes - the priority pollutants under the Clean Water Act, section 112 air toxics, the regulated drinking water contaminants, restricted use pesticides, chemicals subject to California's Prop 65, and so on. I think a smaller list and one more care- fully constructed would be better. I would prefer that EPA prepare the list based on an expert screening of health effects informa- tion that is now available. A list of possible additions totaling about 250 substances would be appropriate in my view. These might be grouped into high priority sub- stances that should be added immediately and other substances to be added later when the database can reliably be expanded to include them. When she testified before our Subcom- mittee last summer, Linda Fisher promised us an EPA list of this kind. I hope she will renew that commitment here today. And I would like to see the list before the Right-to- Know More law is enacted rather than as a rule-making after the fact. There are other challenges that should be explored here. What about listing the green- house gases? Carbon dioxide, methane, and nitrous oxide. If TRI is to be the foundation for pollution prevention, would not it be good to get the pollution prevention ham- mer applied to greenhouse emissions? No doubt, industry will say that this is the Toxics Release Inventory, not to be expanded into a catchall inventory of envi- ronmental pollutants. And the numbers for greenhouse gases are huge. They would overwhelm the toxics. Perhaps a separate inventory is a better approach. But report- ing on greenhouse emissions is worth con- sidering as we look to the future of TRI. I think we should also give some atten- tion to waste streams as we consider adding to the list of chemicals. Casting the invento- ry as environmental releases of constituent chemicals has some advantages, but it is not that informative when it comes to selecting appropriate pollution prevention options. Changes at a chemical plant are not orga- nized according to the chemical constituents of the waste streams. Changes are made to process units. If the government is ever to play a role in directing pollution prevention efforts at the laggards in an industry, it is going to have to think in terms of wastes from process units, not an abstract list of chemicals. 10 ------- TR1 DATA USE AND POLLUTION PREVENTION Perhaps we should add 10 or 20 RCRA hazardous waste streams to the TRI list of chemicals. We could pick wastes where cost effective pollution prevention options are available now, so that we can readily track industry progress in implementing those measures. Now, let us move to facilities. There are various factors that determine whether a facility is covered by TRI. Currently it has to be in an SIC code between 20 and 39, the manufacturing sector of the economy. It has to have more than 10 employees. It has to manufacture or import more than 25,000 pounds or use more than 10,000 pounds of a listed chemical each year. Based on these thresholds, 22,569 facilities filed reports for 1989. The General Accounting Office has determined that perhaps 29,000 should have reported. The Lautenberg and Sikorski bills make two important changes to the coverage parameters. First, the program is expanded to facilities in every SIC code. Every law firm, grade school, grocery store, beauty parlor, mortuary and government agency in the country will be covered. If it has 10 employees, it must look for chemical uses. EPA estimates that some 225,000 facilities might be covered by TRI under the "Right- to-Know more" bills. But thousands more would experience the burden of the non- reporter...being covered and having to search the incoming shipments for TRI chemicals, even if they are not there in th- reshold amounts. Again, I would prefer a much more targeted approach. We ought to pick specif- ic 2-, 3- and 4-digit SIC codes where use, releases and risks are likely to be high. Several states have already done studies to help us identify these industries. Based on those studies we might list the SIC codes for mining, oil and gas produc- tion, transportation services, drum recondi- tioning, petroleum handling, paint supply and wholesaling, gasoline service stations, dry cleaners, laundries, exterminating servic- es, photo-finishing, solvent recovery, hospi- tals, research facilities and all the facilities owned by the federal government. That is a sample. But the point is to select specific industries where we expect releases and risks to be comparable to those facilities now reporting. In addition to listing specific SIC codes now, we might ask EPA to do a thorough screening of the remaining four digit codes and submit a report within a couple of years, taking action to list those industries with a preponderance of facilities that have high use or emissions. The "Right-to-Know More" bills also expand coverage in another way. Today the threshold for reporting is based on the manufacture or use of a listed substance. The Lautenberg and Sikorski bills also add a release threshold of 100 pounds per year for metals and 2000 pounds per year for other listed substances. This new criteria, the release threshold, would pick up the incinerators and power- plants that do not "use" or "manufacture" a listed substance, but nevertheless have substantial emissions and present substantial risks. This is a needed addition, but we might give EPA some flexibility to select alternative numerical limits. The third way to expand the Toxics Release Inventory is to require more infor- mation from each facility. Since 1987, we have collected data on annual releases. Beginning in 1991, we will be getting new information on pollution prevention. The "Right-to-Know More" bills would make two significant additions, several pieces of mate- rials accounting or mass-balance data would be required, and facilities would also have to report on their peak releases, the highest release in any hourly period. The so-called mass-balance reporting requirement was one of the most hotly contested issues in the 1986 debate. Indus- 11 ------- TRI DATA USE AND POLLUTION PREVENTION try resisted the Community Right-to-Know law because it feared that divulging mass- balance information might compromise trade secrets. Rather than require industry to report mass-balance data, the Congress asked for a report from the National Acade- my of Sciences on the mass-balance issue. It is a very helpful report. Those of you who have read it know that it makes a distinction between mass-balance calcula- tions from a chemical engineering perspec- tive and what the NAS chose to call "materi- als accounting" or throughput data. The report indicates that there is some utility in looking at throughput data for facilities handling large volumes of toxic substances. The report also suggests that the trade secret problem can be mitigated, if the data is reported on a per product basis. The most sensitive trade secret information is market position, which might be revealed by reporting the total quantities of a chemical that flow through a plant. By stating the ratio of inputs and outputs per unit of prod- uct hides market position, while still allow- ing some understanding of efficiencies at the facility and the effectiveness of its pollution prevention efforts. Using materials accounting on a per product basis solves some of the problems raised in the old mass-balance debate. But I also think industry will be more willing to accept this requirement today for another reason. At the same time that we expand TRI, we will also be establishing new pollu- tion prevention responsibilities for each facility. There are a variety of pollution preven- tion options before the Congress. We could require each facility to prepare pollution prevention plans. We could require each facility to submit to an outside pollution prevention audit and implement the find- ings. We could set industry-wide pollution prevention goals or standards. We could phase out particular chemicals or uses like we have with CFCs. We could tax chemical production, uses or releases, a step also applied to CFCs with stunning pollution prevention results. Of all those options, industry prefers the voluntary, facility-by-facility planning pro- cess for obvious reasons. And Congress is inclined to go in that direction, I believe. Each facility subject to TRI will be required to prepare a pollution prevention plan. The goals of the plan will be voluntarily set by the facility, but must be publicly announced. Specific methods and measures and timeta- bles will be reported to the States. Annual updates on progress will also be required. This approach might be called "pledge and review." Each facility will make a voluntary pollution prevention pledge to its home community. And over a five-year period the facility will have to update the community on its progress. If this kind of "pledge and review" ap- proach to pollution prevention is going to work, the community needs to have a fair chance to determine whether the voluntary goal set by the facility is reasonable. That determination can only be made, if materials accounting, input and output, information is available. If industry says no to materials account- ing reports in 1992 as it did to mass-balance reported in 1986, then Congress cannot rely on voluntary plans as the foundation for pollution prevention. We would have to look, instead, at industry-wide standards or taxes or audits. Public availability of materi- als accounting data is a necessary founda- tion for a "pledge and review" approach to pollution prevention. They go hand-in-hand. That is the bottom line. There is another issue here. For large integrated facilities materials accounting information only promotes understanding when it is organized on the basis of produc- tion or process units. Throughput data for the whole facility will not tell you much, if pollution prevention is your objective. 12 ------- TRI DATA USE AND POLLUTION PREVENTION But these big facilities can have literally hundreds of production units. We could quickly face the massive database problem that hangs over the whole "Right-to-Know More" effort. The Sikorski bill requires materials accounting data on all production or process units. The Lautenberg bill autho- rizes EPA to target particular production units in each industry as is done in the State of New Jersey. Each of these options has its problems. My suggestion is that we rely on the old "90-10" rule, that we require materials ac- counting for the production units that pro- duce 90% of the TRI by-products at each plant. That is probably 10% of the units and the database is kept to manageable propor- tions. I would suggest that the same rule apply to the pollution prevention plans. They should be developed for the produc- tion units accounting for 90% of the by- products produced at the facility. The 90% yardstick should be applied according to the quantity of by-products, the waste stream, from each unit, because it is by-products that we are trying to reduce. On the issue of peak release reports, there will be a significant dispute. Again, the Lautenberg and Sikorski bills require facilities to report their maximum hourly release of each listed chemical in addition to the annual quantities. The theory here is apparently one of acute toxicity rather than chronic exposures reflected in the annual data now reported. I agree that the public has a right to know whether it is being ex- posed to acute hazards. But industry rightfully points out that it is already forced to make reports under other laws including Superfund and the Emergency Planning portion of Title in, when it releases a chemical that presents an immediate threat to health. The new report- ing requirement may only duplicate those reports. One resolution to the problem may be public summaries of those other reports organized in the same way, by industry, community and chemical, as the Toxics Release Inventory (TRI). There are other issues to be considered when expanding section 313. How should the new requirements be phased in? Could we improve EPA's enforcement authority? Should there be grants to the states to en- courage their assistance in compliance ef- forts? We will be sorting through each of these issues in the next few weeks, but time does not permit more than a mention of these items today. Let me conclude my comments this afternoon with a few more general thoughts on pollution prevention. The highest legislative priority for the Senate Environment Committee in this session of the Congress is the reauthoriz- ation of the Resource Conservation and Recovery Act, RCRA as it is called. There are three big issues in the RCRA reauthori- zation debate. First, recycling solid waste, mostly the products and packages that make up municipal trash. Second, the interstate shipment of waste and what to do about the strong desire of states for authority to ban or regulate waste imports. And third, pollu- tion prevention at industrial facilities. The Toxic Release Inventory will be the foundation of the pollution prevention legislation. Facilities subject to TRI will be subject to the pollution prevention require- ments in our RCRA reauthorization bill. As I have already indicated, it is likely that we will require each TRI facility to prepare a pollution prevention plan for each listed chemical. That is no great innovation. We are simply following the lead of many far- sighted states in this field. The reduction target for each plan will be up to the facility. We recognize that facili- ties have already made varying levels of effort and nationwide goals would not be fair to those who made an early start. We also understand that we will not get good, aggressive plans if we apply penalties to those who fail to meet their own goals. 13 ------- TRI DATA USE AND POLLUTION PREVENTION Everybody would shoot low, if a penalty was attached to failure in a "pledge and review" system. The most difficult issue that we are grappling with right now is the proper meaning of the term pollution prevention. What should these facilities be planning to do? For many years, the Senate Environment Committee has shared the vision reflected in the waste management hierarchy. Avoid producing a waste at the source, if you can. Recycle wastes that are produced, neverthe- less. Treat the wastes that cannot be recy- cled to reduce volume and toxicity. Safely dispose of the residue. What part of that hierarchy qualifies as true pollution preven- tion? The Pollution Prevention Act passed by Congress in 1990 puts the emphasis on source reduction, measures like good house- keeping, process changes and product refor- mulations that avoid the production of wastes altogether. In recent months, a new tier for the hierarchy has caught the public's imagi- nation. It is toxic use reduction. Not only should you avoid making a waste, you should also avoid using toxic substances whenever possible. In addition to the pollu- tion prevention advantages, toxics use re- duction can also reduce risks to workers, consumers and communities that can be affected by catastrophic spills of chemicals in commerce To me there is a great deal of appeal in a management hierarchy that starts with toxics use reduction as the first priority. But I aaspetit at as not quite so appealing to a aannpan) wfoose products are industrial chemacafe festetfl aaaader section 313. They do st a pftaaa Sfoat reduces their mar- as aaa aaiapitigated public In fact, many in industry see recycling and even treatment as equally appropriate pollution prevention endeavors in some circumstances. So, we will have a debate on the definition of pollution prevention. I will predict that "pollution prevention" will have a new and mixed definition when it finally emerges as public law, perhaps yet this year. Pollution prevention will include toxic use reduction, source reduction, and in-process recycling. Pollution prevention plans may include elements of all three, but we will be looking for ways to move each and every facility up the hierarchy to reduce risks to workers, consumers, communities and the environment. Your help and suggestions along these lines and on any of the other issues is al- ways very much appreciated. I thank you for the honor and opportunity you have given me as your guest today. Linda Fisher Ms. fisher is the Assistant Administrator for Prevention, Pesticides and Toxic Substances at EPA. Prior to becoming the Assistant Administrator for OPPTS, Linda was the Assistant Administrator for Policy Planning and Evaluation where she had the primary responsibility for developing EPA's position on global climate change, and for establishing the office of pollution prevention. Ms. Fisher first joined EPA in 1983, as Special Assistant to the Assistant Administrator. for Solid Waste and Emergency Response. Between 1985 and 1988, Ms. Fisher served as the Chief of Staff for Administrator Lee Thomas, and she was the principal policy liaison between Congress and the White House, especially during the rewriting of the Superfund Law in 1986. Ms. Fisher received her B.A. degree from Miami University of Ohio, her MB A from George Washington University, and her juris Doctorate from Ohio State University College of Law. I appreciate the opportunity to address this conference about an issue that is of great importance to the public, to industry, to government at all levels national, state, and local and, increasingly, the interna- tional community as well that of TRI data 14 ------- TRI DATA USE AND POLLUTION PREVENTION and pollution prevention. TRI has been an invaluable tool for the incorporation of a pollution prevention philosophy in industry and in government. The passage of the Emergency Planning and Community Right-to-Know Act by Con- gress in 1986 directly involved the public in environmental issues in a way in which they never had been involved before. It did this by requiring industry to tell the public exactly what it was emitting into their com- munity, hi so doing, it became the most powerful environmental tool available. Thousands of corporations began immedi- ately to rethink their business with an eye toward environmental stewardship. This law forced industry to change their approach from focusing solely on compli- ance with existing laws to one of concern over what their facilities were doing to the environment, to the communities they live and work in, and to their children. It was not the government or regulation they feared, it was their family and friends. In addition/ their reputation as good corporate citizens was on the line. TRI called public attention to industrial emissions within their own hometown. As we in government watched in amaze- ment, corporate executives and plant manag- ers pledged continuous improvement to achieve remarkable environmental goals goals that if we had mandated through regulations, they would have sued to stop us! Industry has been given an incentive to reduce/ and they reacted accordingly. Un- like the Dow Jones Index, TRI was one of the few lists on which no company wanted to be considered an industrial leader. Our role at EPA in this process was as significant as it was simple merely to put informa- tion in the hands of the public in a way in which they could understand and use it. By using EPCRA for pollution preven- tion, industry can be in the driver's seat in figuring out how best and most cost- effectively to protect the environment. The pollution prevention philosophy re- quires companies to put environmental protection issues at the front end of corpo- rate management and government practices, rather than at the back end by continuing to rely upon costly end-of-pipe solutions. As a result of the resounding success of EPCRA and TRI, EPA changed our own philosophy and methods in attempting to achieve our pollution prevention goals. We are training our managers and staff in total quality management so we can keep our energy focused on environmental results. We are targeting major regulations, especial- ly under the new Clean Air Act, to be sure prevention opportunities are built into them, when feasible, to achieve our legal man- dates. The Agency has made a great deal of progress in a number of areas using the TRI database. All of the offices, from air to water to solid waste, have used TRI to improve the quality of their programs. For OPPTS, TRI gives us the ability to measure the success of one of our most ambitious programs 33/50. The progress has been substantial, but questions have arisen. How can the Agency be more successful in using TRI? Can EPA use TRI more effectively? Should the inven- tory be expanded to more reporters, more chemicals, or more information? hi essence, all of these questions boil down to, "Where are we today, and where are we going?" In short, my answer is that we have indeed made a good start, and we are on the right path, but more can be done. Currently, we are focused on implement- ing the new reporting requirements mand- ated under the Pollution Prevention Act of 1990. These new requirements will affect all facilities required to submit Form R under section 313 of EPCRA. 15 ------- TRI DATA USE AND POLLUTION PREVENTION The new data is now required, beginning with calendar year 1991. The data for this first year must be submitted to the Agency and the states by July 1 of this year. There- fore, facilities reporting under 313 have had to consider how they will collect this new data. The Pollution Prevention Acf s changes to the Toxics Release Inventory requires additional generation of in-plant data in a number of key areas. These data require- ments include information regarding the quantities of chemicals entering waste streams, source reduction activities to reduce those quantities, quantities of chemicals that are recycled, quantities of chemicals that are released due to one-time or catastrophic events, and a production index. These new requirements, in conjunction with other actions by the EPA, are helping to institu- tionalize the pollution prevention concept. In short, with the Pollution Prevention Act supplements, the Agency's database will be much more complete. We will also have a much clearer idea of the extent to which industry is practicing pollution prevention. Soon, we will be able to see the reasons behind the reductions, and better define the term success. EPA will provide reporting facilities with the revised Form R well in advance of the 1992 reporting deadline of July 1. Our plans call for publishing the final rule outlining the revisions subsequent to issuance of the revised Form R and instructions. As part of the instructions, we are preparing guidance to help facilities develop estimates for these new data elements. Some of the information necessary for this new reporting may al- ready be part of the data developed for the release, off-site transfer, and on-site treat- ment sections of the current Form R. Some of the data elements may require materials accounting and engineering calculations/ a review of records of accidents, invoices for recycling services, and sales and production figures combined with market and company growth projections. As you are all well aware, EPA is quite serious in its interest in expanding the TRI List A chemicals. EPA is screening 650 chemicals for possible addition to EPCRA 313. These include CWA priority pollutants, RCRA chemicals, EPCRA Section 302 chemi- cals, CERCLA chemicals, carcinogens, and California reproduction and developmental toxins. A third group consisting of all active ingredient pesticides will be screened in the near future. In addition, EPA is interested in expand- ing the list of industries covered under TRI. Currently, only manufacturing facilities operating in SIC codes 20-39 report under TRI. Such facilities must also have at least ten employees and meet the reporting thres- holds of manufacturing, importing, or pro- cessing 25,000 pounds/year or otherwise using 10,000 pounds/year. Adding new facilities to TRI could in- crease reporting on the total volume of chemicals released, increase the information available to the Agency on the use or release of most toxic chemicals, or the number of facilities that use reportable chemicals. This additional reporting could assist in identify- ing more sources of potential exposure, implementing other regulatory initiatives, and furthering the promotion of pollution prevention. As EPA or the Congress contemplates any expansion of the TRI list it is important to keep in mind the goals of the program putting valuable information in the hands of the public in a manner in which they can use it. Data usefulness, data quality, pro- cessing capability, and accuracy are critical to keeping this inventory valuable. For the 1990 forms, we have managed slightly over five million data elements. For the 1991 forms, which include the Pollution Prevention Act data elements/ we anticipate receiving in excess of eight million data ele- ments. With the capacity increases EPA will be putting into place in the next two years, we estimate that we will be able to achieve 16 ------- TRI DATA USE AND POLLUTION PREVENTION a total capacity in the range of fourteen million data elements. The total number of data elements that may be required by some legislative proposals exceeds 400 million. Given the current database system and resource constraints, we will need to set some priorities as we undertake expansion. TRI is increasingly becoming of major interest in the international arena. EPA sponsored a successful TRI workshop in Vienna this past November, which was attended by representatives of governments, industry, and environmental groups from 20 countries. Participants were able to examine our system and determine for themselves what would work best for their particular circum- stances. By working with countries at the inception of their systems, the U.S. stands a better chance of ensuring the harmonization of newly developed systems. I expect TRI to be discussed at UNCED '92 and we are exploring UN vehicles for the international- ization of TRI. In 1986, with the passage of the Emer- gency Planning and Community Right-to- Know Act, the Congress set in motion a force that has begun to change the way we in government, those in industry, and the general public approach the environment. The implications of the change has not been fully realized. As we move over the next several years to expand TRI, we need to keep our goals clear to encourage greater pollution prevention, to inform and involve the public in a responsible way and to encourage, and provide the necessary incen- tives to, industry to deal with environmental concerns in a timely, cost-effective way. I want to emphasize that every one of you is important in realizing the goals of TRI and pollution prevention. Joel Lindsey Mr. Lindsey is the former Deputy Secretary of the Louisiana Dept. of Environmental Quality. Mr. Lindsey has worked with heal governments and has organized systems advisory groups to assist the Dept. of Environmental Quality in drafting rules and examining the long-range policies. In addition to initiating the departments recycling program, he also directed preparation of environmental legislation, supervised coordination and the technical review of legislation, and has been in charge of a $33 million grant program that has been giving grants to 55 parishes and town municipalities. These grants are for initiating programs and toxic waste inventory analysis, annual report preparation, and toxics use reduction. Mr. Lindsey has also initiated a multi- media permit review program to achieve toxics use reduction and toxic waste reduction, and to cut red tape. The remarks I would like to share with you are some of my experiences we have had in Louisiana over the past four years, working with SARA Title III and the TRI data. How we have used it, some of the successes we have had, what we think are some of the future uses of the data, and some of the limitations we see in the data and what we can do about them. And I have got a short slide show to emphasize some of these points. I guess the major thing that I would like to share with you is the power of this information. Linda Fisher talked about the power of the data. I have experienced that here in Louisiana over the past 3 years, as we have compiled our infor- mation and provided it to the public and to the press. One company, American Cyana- mid, one of our largest emitters of TRI chemicals in Louisiana, made a commit- ment to reduce toxic releases in their recent newsletter. The president of the company has made a commitment to reduce their toxic chemicals injected into the ground by 75%. We are not looking at transferring the chemicals to another medium, we are look- ing at process change and a major commit- ment. We are very proud to have worked with the company in coming up with this proposal, and we think it is a step in the right direction. This company is just one of 17 ------- TRI DATA USE AND POLLUTION PREVENTION the company's that we have worked with, and this particular newsletter/article is the company president telling the folks in his organization that they should be paying attention to pollution prevention. We used the information generated at the national level to help us compare state- to-state, and to help address the issues here in Louisiana. We have also compiled our own database on a three year running basis, and we are proud to say, that in the last four years, based upon the information generated from the TRI data, we have seen a 47.8% decrease in total emissions. This is fairly significant for a state that led the nation in 1987 for toxic chemicals releases. And I can say a major reason for this reduc- tion is the use of the SARA Title III informa- tion and the public pressure that these companies have been exposed to, and the concern of the citizens living in these com- munities next to the facilities. And, as a result of having this information and being able to talk to the facility managers, we have had these major reductions and commit- ments. And I will go into a little bit more detail of how we have actually used the data in just a minute. This slide is an example of the most recent toxic release inventory booklet that we have available (see page 23). One of the pieces of information in it. We have sorted the data by parish and by facilities. Then, we tried to identify the top emitters in each medium, in order to let the communities know where they are located and what type of chemicals they are releasing into the envi- ronment (see page 24). This has been, again, a powerful piece of information. After the 1989 information was released, several communities in Jefferson parish, which is just north of Orleans parish where you are sitting today, asked American Cyanamid Company to come to a meeting with them. This was the Women for A Better Louisiana. They were specifically concerned about toxic emissions, and as a result of that meeting, the public pressure, and the press that fol- lowed, the company made this large com- mitment to reduce their toxic emissions by 75%. Again, that was the result of TRI data and the public having that information available to use. This is another example of how we have sorted the data. We identified the amount released by parish for three years in a row to try to give the parish's and individuals living in the communities some idea of the progress in reducing emissions. We have also used the TRI data not only to look at the total emissions by medium, but to iden- tify specific chemicals that we are very con- cerned about here in Louisiana, because of their toxicity or maybe we have large amounts of them in facilities being emitted into particular areas. In Louisiana we have an industrial quarter from Baton Rouge to New Orleans that is highly concentrated with industrial chemical facilities, and of course, there are a lot of emissions associ- ated with those facilities. We are very con- cerned about that industrial quarter. Also, in the Lake Charles area to the west, there is another major industrial chemical facility, and we are trying to highlight which emis- sions are there and what the possible risks to the communities are in association with these large discharges. This type of infor- mation placed in the communities hands, helps them to deal with these facility man- agers, and to get major commitments from them. This is the chart looking at the success we have had broken down by medium. This is land, air and water and underground injection from 1988 to 1989, in terms of the toxic chemical releases under TRI. And you can see we have had some major decreases in Louisiana. We are very proud of this, and we hope this will continue under this new governor that was sworn in today. When we have used the TRI data, it has not only been to look at Louisiana, but also to focus in on where we stand compared to other states. This has been very helpful to try to give us a sense our progress Are the facilities here doing a good job compared to similar facilities in other states in terms of 18 ------- TRI DATA USE AND POLLUTION PREVENTION dealing with their toxic waste? Are they making major commitments in Louisiana as they are in New Jersey and other states who have large industrial chemical complexes, to reduce these emissions. The national TRI has been very helpful to help us to highlight those issues and to let our citizens and legislators know where we stand. One innovative thing that we have done in using TRI data is look at the number of employees in the state who are addressing environmental issues, compared to other states. And we use the TRI data to help us develop an index on the number of employ- ees per million pounds of TRI chemicals released. This slide is a summary of that information (see page 25). Based upon the top selected states and firms, and unfortu- nately Louisiana, we only had .6 employ- ees/million pounds of toxic chemicals re- leased into the environment. Comparing this to our sister states, such as Texas, which had over 1 employee/million pounds, and Georgia, and you can see New Jersey and California are pretty high up there. We have used this in the legislature to gain additional dollars to protect the environment in Louisi- ana, and, in fact, it has been very successful. We have increased the number of employees in our department from 325 in 1988 to over 850 at the present time. And a large part of that increase was based upon the argument that we used here, using the TRI data to make a comparison. I think this is, again, very significant, and it was very useful in making that argument to our legislators in a period of very tight-budget years. For two years running, we have asked the largest toxic chemical emitters to partici- pate in a voluntary waste reduction plan. We have just issued the second report and I have copies available if any of you would like to see them, or we can send copies to you. We have asked the thirty largest emit- ters to join with us to make a voluntary waste reduction plan, similar to what EPA has currently underway with the 33/50 Pro- gram. We have had one year of actual success, and we are finishing up the second year of that particular program, and I will share some of the information we have from that. But this has been a very innovative way to use the TRI data. We have used it to identify the largest submitters, and then we asked them to make commitments to us on reducing those toxic chemicals. Now this is one of the graphs out of the first report on this corporate response for 1989. And here we compared the states of Ohio, California and New Jersey in terms of their total emissions to four companies in Louisiana, in terms of their TRI emissions. These are just four companies. And you can see the real challenge we had in Louisiana as far as toxic chemicals. These four compa- nies totalled more than all the state of Ohio, more than the state of California and New Jersey in terms of toxic chemicals. So con- centrating on these 12 largest emitters really made a lot of sense in Louisiana. They accounted for approximately 92-98% of our total TRI emissions. And we were able to get some very significant commitments from them in this 1989 corporate response chal- lenge, and then in 1990 we again went back and looked at TRI data and asked the com- panies that were, again, the largest 30 emit- ters in all mediums, to join with us and come up with voluntary waste reduction plans. Now, some of these companies made the list again. And as we met with them and tried to understand what some of the problems were and work with them in coming up with some major commitments to reduce these emissions, the question we were asked over and over was, how do I get off of this list? This was certainly one they did not want to be on. And I always want- ed to know, who is pushing you? Why do you want to get off the list? And invariably, it was coming from the corporate headquar- ters. And in one particular case I can re- member talking to the facility manager at WR Grace Co. in Lake Charles Louisiana. He said he had gotten a call from his corpo- rate president who was on Wall Street in his car with his mobile phone. He called the facility manager when we released these reports and they made the NY Times. He 19 ------- TRI DATA USE AND POLLUTION PREVENTION wanted to know, why are we on this list? And the guy had to get there from Lake Charles to this mobile phone on Wall St. and try to explain to him why they were on the list and also what he was doing to get off the list. Then I asked the plant manager, what was driving this fellow in NY to get off this list in Louisiana? He said, the stock market. He felt it was impacting their stock. And that was the president of WR Grace. And we heard that from corporation after corporation. It was not only the publicity and pressure from the communities in Loui- siana that was being put on them they were feeling here at the local level, but it was at the corporate level too. These corporate presidents who are members of the manu- facturers associations and other chemical manufacturers associations have made com- mitments and they have to go into these meetings and tell about their successes and failures, and the TRI data has been very helpful in focusing in on the success stories and some of the failures. Now, one of the things that we have tried to emphasize as we have used the TRI data to get commit- ments from them, is not just look at waste treatment, of course. We have tried to incorporate the idea of pollution prevention, to try to look at the front-end of the pipe as opposed to the tail-end of the pipe. And in the 1989 study, when the plans came to us, we looked at the ones that were trying to be innovative and use front-end of the pipe methods as far as a waste management strategy, as opposed to just producing the waste and then treating it. We tried to highlight those, and we also gave them a gold star. You can see the yellow bar across the top there are the ones in air and land, there were none in water, that chose front- end of the pipe as opposed to the end of the pipe of the 30 companies that submitted their plans to us. This was the 1989 report. And the most recent report that we just finished, that we have copies available for you, I am glad to say that now we have gone up from 2 to 6 companies out of the 30 companies, have chosen front-end of the pipe, really pollution prevention methods to deal with these toxic chemicals. And that is fairly significant. I think they are getting the message. Pollution prevention is really the wide way to go, it makes sense, and it is going to save dollars in the long-run, and it is certainly going to get them off this list eventually. Now, based upon our 1990 corporate re- sponse information, this is where we think we are going to be based upon these major commitments we have gotten from these large toxic chemicals release companies here in Louisiana. By the year 1995, we suspect we will have reduced, from 1988, our toxic releases from 75-85%. If these actually go into effect and we see the reductions that these companies have made, Louisiana, hopefully, will be behind Texas, Ohio and Tennessee in terms of toxic releases into our environment. This is assuming, and proba- bly unrealistically, that these other states will stay the same as 1989. This is very optimistic I know they are working very hard to reduce their toxic releases. But, again, we are very proud of the progress we have made, and I think the 251.3 million pounds that you see there under Louisiana by 1993, is a long way from the 478 million pounds that we had in 1988. We have made progress. And a large part of that is due to use of the TRI information at the state level. How else have we used the TRI infor- mation? As most other states, we also have a tax exemption program, which is an indus- trial tax exemption program. If so many jobs are created or if a new facility comes in, or if an expansion of an existing facility is created, the state allows them to take a tax exemption. We changed the rules to a certain extent in the last two years. We have tied our TRI emissions to the tax ex- emptions. And if they have a waste reduc- tion plan in place that we have approved, based upon this TRI data, then we would give them so many bonus points. We think that was a real incentive for a lot of compa- nies to come in and try to aggressively pursue waste reduction. These tax exemp- tions meant a lot to them, and they were fighting very hard to make sure that they 20 ------- TRI DATA USE AND POLLUTION PREVENTION were complying in order to get the bonus points that the state was guaranteeing to them under this particular program. We have also used the TRI data in multi- media pollution prevention program. The one that has probably been the most suc- cessful that we have just finished up and we have had a public commitment from the company, was Freeport Macaran, of the Fortune 500 companies that is located here in New Orleans. They produce a lot of agricultural chemicals, they have 3-4 facili- ties up and down the river between here and Baton Rouge, and they were probably the third largest emitter of toxic chemicals here in Louisiana-major emissions. We were able to work with them addressing these TRI chemicals in a multimedia pro- gram that looked at all their permits, and we met with them for about 9 months, and finally, they agreed to come up with a plan that they will reduce their toxic emissions into the Mississippi River by 75% by the year 1995. They are incorporating a very simple process of covering some gypsum stacks with a natural groundcover, putting some French draining systems into the stacks themselves so that rain water will actually not come in contact with the chemi- cals, and they will be treating any fluid that comes off those stacks and recirculating it in the facility itself. So this is a major commit- ment in terms of dollars. I think it is a very simple solution to a very difficult problem that has plagued the state for the past six years. We are very proud to have a success with Freeport Macaran on this, and I know they are very excited about it too. Now, another area in which we have used the TRI data. In developing legislation, we passed, in 1989, an air toxics legislation that calls for 50% reduction in toxic chemi- cals released into the air. We identified 100 chemicals. We have just promulgated rules to implement this legislation that will see the effects by 1996, and a 50% state-wide reduction in a select group of 100 chemicals that have been identified off the TRI data list. And based upon those commitments and the reductions that we see coming as a result of that legislation, this is a graph that is projecting the toxic releases to air here in Louisiana that we will probably be looking at a decrease by the year 1995, of a 48% decrease in toxic chemicals released to the air. Again, very significant. Other areas that we have used TRI in that are not regulatory in nature but are more monitoring, we have used the TRI information to identify waters with impaired uses due to toxic substances, hi one particu- lar area we have also used the TRI informa- tion to verify monitoring data. In one area in the Calcasieu estuary, which is near Lake Charles, we have used the TRI data to iden- tify polluted waters and which chemicals were going in there and which facilities were emitting those particular chemicals (see page 26). We ended up finding that PPG, a large facility in terms of their water releases, and that was primarily based upon using TRI data and the surveillance information we had from the particular area. The last important area-we have used TRI to do risk assessment in terms of trying to identify what are major risks to the com- munities and we have identified air toxics, industrial waste discharges, and coastal wetland losses as our major issues here in Louisiana. Another innovative use of the TRI. Future uses of the TRI information. This is something we are thinking about, and hopefully they will be implemented, and maybe this will spur some thoughts on your part to be able to use this data. The toxi- logical by accumulation and cancer potency are some of the areas our water people are looking at in terms of the TRI data. And, in the final summary, this is where we have used it. I would encourage other states to think about using the TRI data not only to pressure facilities to reduce their emissions, but also in their own data gathering meth- ods and to compare data that they derive from other sources. It has been a very powerful tool, we are very excited about the 21 ------- TRI DATA USE AND POLLUTION PREVENTION future years of it, and we are excited about having worked with the industries to make some major reductions in the toxic chemicals released here in Louisiana. Thank you very much. 22 ------- Louisiana Toxics Release Inventory 1990 Prepared for The Citizens of Our State By the LA Department of Environmental Qual ------- Toxic Discharges to Water "Ouachlta: 254,469 IbT - IMC Fertilizer -Manville Forest Products Morehouse: 124,183 Ibs. - International Paper Calcasleu: 994,827 lbs> - PPG Industries - Arcadian Corporation - W.R. Grace & Co. East Baton Rouge: 1,478,103 Ibs. - LaRoche Chemicals - Allied Signal, Inc. Ascension: 16,744,078 Ibs. - Arcadian Coporation - Melamine Chemicals Ibervllle: 507,140 Ibs. - Dow Chemical - Ciba-Geigy Corporation Air Products & Chemicals^ LADEQTRI1990 rSt. Charles: 984,953 Ibs: - Agrico CTaft) - Shell (West) Clinton Carbide^ St. James: 77,310,694 Ibs. - Agrico (Faustina) - Agrico (Uncle Sam) laquemlnes: 292,513 Ibs. - BP America - Daybrook Fisheries Jefferson: 262,763 Ibs. jj-American CyanamicL ------- Louisiana has .6 employees per million pounds toxic chemicals emitted 14- 12- Environmental employees 10 per million pounds of s toxic chemicals 6- 4- 2- 0 Source: LADEQ, 1991 LA 14.14 CA ------- Calcasieu Estuary Identify Waters Impaired by Toxics Lake Charles Calcasieu Lake Gulf of Mexico ------- TRI DATA USE AND POLLUTION PREVENTION PLENARY PANELIST SPEECHES Mark Greenwood Director, U.S. EPA, Office of Pollution Prevention and Toxics Deborah Sheiman Senior Resource Specialist, Natural Resources Defense Council Art Gillen Director, Environmental Affairs, BASF Corporation Lee Tischler Executive Director, Minnesota Emergency Response Commission Ted Smith Executive Director, Silicon Valley Toxics Coalition Jack Kartez Senior Fellow, Hazard Reduction and Recovery Center, Texas A&M. University Eric Frumin Director, Occupational Safety and Health, Amalgamated Clothing and Textile Worker's Union Mark Schleifstein Reporter, New Orleans Times-Picayune Newspaper 27 ------- TRI DATA USE AND POLLUTION PREVENTION Mark Greenwood Mr. Greenwood is the Director of the Office of Pollu- tion Prevention and Toxics. Mr. Greenwood joined EPA's Office of General Counsel in September of 1978, and worked on a variety of issues under the Clean Water Act and Solid Waste Matters. In 1983, he became the 1st Assistant General: Counsel for RECRA, and in 1987, he became the Assistant General Counsel for Superfund. In 1988, Mr. Greenwood was named Associate General Counsel for Pesticides and Toxic Substances. Mark is a graduate of the University of Michigan Law School. He also holds a masters in public policy from the University of Michigan. In addition to his responsibilities for managing the TRI and for reducing risks associated with new and existing toxic substances, Mr. Greenwood now has the agency-wide program lead for assuring that pollution prevention is integrated into all EPA activities. This is the time of year, the beginning of a new year, to do predictions. And some of those I think are safe to make. We can predict, for example, this will be a presi- dential election year. For me, as a graduate of the University of Michigan, I can predict that the football team that I followed for many years will have a brilliant season and lose a bowl game somewhere in the Sunbelt. There are some not-so-safe ones, and I will leave them for you to make up. You can find them at the checkout counter at any major grocery store. I think it is in that vein we should probably think a little bit about the TRI program. I would like to talk a little about where it is now and where it is heading, because beginning in 1992, the TRI will really be making a major transition from a basic Right-to-Know vehicle to a national barometer on where we are on pollution prevention. This also marks a special year for us in my office, because we going from being the Office of Toxic Substances to becoming the Office of Pollu- tion Prevention and Toxics. Many of you have seen these little name tags that say OTS on them for some of the people here. That is no longer operative. We are now the Office of Pollution Prevention and Toxics. I think that will be very important change, because we will have in the same office the people who are managing the toxic release inventory, and the people who are also responsible for being advocates of pollution prevention throughout EPA. Inevitably, these events raise the following question: What role is TRI going to play in promoting pollution prevention, and how can we improve it to serve that goal? That is what I would like to address in my remarks. I think it is really useful to begin by reviewing four functions the TRI program has performed in the cause of pollution prevention. First, TRI really serves as an agenda-setting device. The data that we have on emissions, on waste stream vol- umes, and so on, define areas that really should be the subject of pollution prevention efforts. I think one of the strengths of the TRI system is that it is the only way you can systematically look at a whole bunch of data and start to normalize it in terms of looking at groups of industries, particular chemicals or geographic areas. I think that is a very powerful tool for targeting. As an example, we will be looking at it for the next year in the targeting of activities for accident prevention Under the new Pollution Prevention Act, we will be finding we are going to get information on catastrophic releases and under the new Clean Air Act, we are supposed to be developing programs for accident prevention. I think this is an area we are going to start using the TRI database to set some priorities for what we will want to look at in the Clean Air Act. A second area is from a public policy perspective. TRI is, by itself, a very important incentive for pollution prevention. After all, it has become the device the companies now use to measure environ- mental progress throughout the company. It is often used as a measure for programs like the 33/50 program, but probably more importantly, it has been used by individual companies in setting their own company- specific goals. This using TRI to set internal company goals is probably one of its most profound effects, and shows how deeply it has become rooted into the psychology of 29 ------- TRI DATA USE AND POLLUTION PREVENTION individual companies. Probably the major reason that this has happened is that it has become the way in which companies can communicate to the public and what they are doing and how they are doing. I think that is why the new Pollution Prevention Act information will be particularly important. This tool, that is really the major way in which communities and companies interact, will focus on the pollution prevention information that the company has. How much is being done to recycle, or for source reduction? And that will change, I think, the nature of the debate and discussion between the companies and their publics. A third major function is that TRI is really an implicit planning device. The new Pollution Prevention Act data include predictions of the future. Not just what has happened this last year, but what the companies are planning to do in the future in the areas of source reduction and recycling. I think this is going to push companies towards facility plans. Facility plans obviously are not required, but, really, it is difficult to avoid having some kind of plan when you have to respond to the public as they ask questions about your operation. So for those who are talking about the need for a pollution prevention planning program, I would at least submit to you that we have the beginnings of one already imbedded in the Pollution Prevention Act information in this next year of reporting. I think, in many ways, this suggests a possible role for the federal government. There has been a lot of talk about developing legislation about pollution prevention planning. And, as you can tell from Senator Durenberger, we may actually be seeing that sometime soon. But I think we have to think carefully about the role that exists for the federal government versus the state governments in this area. Many states are already far ahead of the federal government in these areas. And there is a question about what the federal government can add. Certainly there is no question that we can, through TRI, develop a comprehensive national database to measure the progress that those planning programs are having. I think the fourth major area that we ought to think about, as we think about the role of TRI and pollution prevention, is its role as the ultimate measure of success. It is a very complex task to account for success in pollution prevention. Emissions data alone just really do not do it. It is helpful, but it is not enough. Successes in periods of economic growth can get lost when good pollution prevention is happening, but production is going up and the emissions are going up. Similarly, you can find that the status quo can look very good in bad times, even though nothing is really happening, because emissions are going down. I think with the new Pollution Prevention Act information, we are going to be able to start sorting out what is real pollution prevention and what is simply the ebb and flow of emissions as different transactions occur and economic conditions change. But I think this will set up a fundamental question for us. We will need to look at the question of how we measure success. There will probably have to be multiple measures of success for pollution prevention. For example, we are going to have to look at the question of whether we should focus on totals, totals emissions for example, or try to normalize the emissions data relative to units of production. Should we be talking about how much pollution is created in making an automobile, or producing some other widget that we may want to talk about? I think that is a way of measuring success, and these are some of the things we will want to look at, but we have to remember that there will always be this Community Right-to-Know aspect of it in the sense that we have to be able to express our success in pollution prevention in a way that the public cares about. The fact that we are doing well on a unit production measure, does not sit very well when emissions are going up if you are living right next to a plant We are going to have to think about these two things and 30 ------- TRI DATA USE AND POLLUTION FREW110*1 how these different kinds of measures of success fit together. Let me talk for a minute about what I see as some of the challenges to improve the TRI system to help advance pollution prevention. First, I think we need to do a better job at linking the TRI data with other data that exist. What we need are con- temporaneous data on chemical life cycle and pollution prevention efforts. One of the efforts we are going to be looking at over the next year in our office, is to try to develop a national report that looks not just at the TRI data, but also at information we have through other vehicles such as our Toxic Substances Control Act, about the amount of chemicals being produced, where they are going, a sense of the TRI emissions, and then also look at questions about what we are learning about pollution prevention activities at particular plants. Hopefully, we can develop a national report that gives a whole picture of the whole industrial sector. We also have to look carefully at the way in which we link TRI data with other databases. After all, various programs across the country and various companies look at other databases that exist. A notable example, which Senator Derenberger mentioned in his remarks that we are working on right now, is to try and find a better way in linking up the data we have in TRI with the wastestream data that we have in RCRA. And one of the things that the Senator proposed would be a cross- referencing of the chemicals being reported in TRI and the RCRA wastestreams, so that people could look on the same form and through data manipulation get a sense of what is going on between chemicals and wastestreams. A second area that has been mentioned several times by the other speakers, is the notion of expanding the scope of TRI. I think it is important to emphasize why we really need to do that, because I think the integrity of this system means we need to give a comprehensive picture of what is going on with toxics in this country. The current system may be giving us an unrealistic sense of what are the particular emissions that people should worry about in an overall picture of toxics. So I think it is important that we think of that as a context for why we look at expansions. We do need to look at chemicals, we do need to look at additional sources. But, as mentioned, we must target because this system could and should not be overwhelmed. You have heard the statistics already, but let me reiterate them. We currently manage a system of about 5 million data elements. With the new Pollution Prevention Act we are up to around 8 million or so. As a general matter, we think in terms of a system that could handle 14 million data elements. So we have to think very carefully about what additions we want to make that use up that additional capacity. Currently, we are reviewing other chemical lists from other programs and sources. We have screened most of the chemicals, and, as Linda Fisher indicated, we are now starting to discuss these with the other programs at EPA to see if we missed anything. We are also trying to bring in the sources that may become important. We have looked at sources mentioned to us from other groups, and we are trying to get a picture of what we know about emissions of those other sources, looking at databases that exist for the water programs, the air and waste programs. Hopefully, with that database, we will then be able to get a sense of where the big emissions might be occurring. And through a combination of looking at the total number of chemicals that might be good candidates and their sources, we will try to get a sense of what are the best combinations of those two elements, to get the biggest environmental impact to use up the remaining capacity we think we have in the system. A third area where I think we need to focus attention is in the area of materials accounting. I think everybody can agree that developing a chemical life-cycle database is a reasonable long-term goal. But 31 ------- TRI DATA USE AND POLLUTION PREVENTION I think we have to think carefully as we start probing the ways in which chemicals are used. We need to look at the issue of confidential business information. Now this is an area where a fair amount of smoke is blown from time to time, but I think there are some very legitimate issues here that have to be examined carefully. We do, after all, have a dilemma. How can we do materials accounting, how do we do that, and still protect legitimate confidential busi- ness information when we know we have to have a public database. Fortunately, we have several states that are now experimenting with this. Massachusetts and New Jersey are going to be developing more comprehensive experiments in this to see how it works. We are going to be looking at this very carefully to see how it works, and see what it can teach us about how a materials accounting system can develop. I think, from a national perspective, you will see that most of the energy over the next couple years, however, will be focused on implementing our Pollution Prevention Act, and then looking at the expansions of sources and chemicals, and then coming back to the issue of materials accounting once we have had a better sense of where we are. The fourth area that I would like to mention is that I think we really need to try to distinguish, as much as possible, between emissions data and the other data which the TRI system begins to collect. Particularly with the Pollution Prevention Act, we are going to collect many data that really do not constitute emissions. In fact, it will in that. kind of data. We have to find a way of developing a much clearer sense to the public of what is really something to focus on as emissions, and what is the kind of in- plant data we want to look at but not think of as an emission. This is going to be particularly the case, and has been for some time, for the so-called "transfers." Some focus of off-site transfers are going to situations which are essentially synonymous with releases, others are not. We have to start sorting that out. I think this is an area where we will need to focus because there is going to be a high potential for misleading statements and public confusion, and I am afraid the loser in all will be pollution prevention. If the public does not have a clear picture of what is really going on in these plants, it is difficult for them to have a sense of what to push on and advance pollution prevention. In conclusion, I think you can see that the challenges we have are quite daunting. But the potential results are exciting, and I think they justify the effort. TRI is clearly one of the most effective government environmental programs I am aware of. It changes behavior in positive ways, it does this relatively quickly and without the turmoil we find with command and control regulations. I know we in the EPA and the Office of Pollution Prevention and Toxics are looking forward to that future. Thank you. Debbie Sheiman Ms. Sheiman is a senior resource specialist with the Natural Resources Defense Council, Air and Energy Program. She specializes in clean air and Right-to- Know issues. She also serves on the steering committee of the Working Group on Community Right-to-Know, and on EPA's accident prevention advisory committee, and the National Air Pollution Control Techniques Advisory Committee. Ms. Sheiman is a prime organizer of a nationwide citizen's Clean Air Network. Prior to joining NRDC in 1984, Ms. Scheiman served as a senior environmental specialist for the League of Women Voters Education Fund. She began her career at EPA in the pesticides program. And she is author of numerous reports on acid rain, air toxics, and other clean air issues, including A Who's Who of American Toxic Air Polluters, Public Enemy Number 1111, and The Risht-to-Know-More. Ms. Sheiman is a graduate of the University of Michigan, School of Natural Resources. I am really happy to be at this conference. It is the fifth year anniversary of the passage of the Emergency Planning and Community Right-to-Know Act, and I can remember a meeting convened by EPA just 32 ------- TRI DATA USE AND POLLUTION PREVENTION a few short weeks after the passage of the initial law. It was a meeting largely of state and federal officials and some industry people, and everyone was extremely worried about what this new law meant. They said, first of all, what are these people going to be doing with all this information? They are going to be absolutely overwhelmed by it. And second, we are going to create some sort of public hysteria that we will not know how to respond to. The code word at that point in time was risk communication. I think the thought was that if the information was put into some sort of context, that would quell the public's concern, and the pollution control officials and the industry folks could move forward business-as-usual. As we have heard this morning, what actually happened has really been quite a different story. I think everyone here will agree that the required public disclosure of toxic releases has had a very beneficial impact from all perspectives the public perspective, the industry perspective, and the government perspective. The questions now really are: how can we continue to move forward to make the most effective use of the information; to collect information that will be most useful; to make it available to the public in an easy form, and to apply the lessons that we have learned from this program to address other environmental problems of concern. What I really want to do today, is offer you a little bit of perspective on the environmentalists' agenda as far as Community Right-to-Know goes, because we have been looking at this program as one that might teach us some lessons that ought to be applied more broadly in terms of some of the other environmental problems that we are dealing with. We have been working in a systematic fashion to develop Right-to-Know proposals to be incorporated into all the major pieces of environmental legislation that are due for reauthorization by Congress: the Resource Conservation Recovery Act; the Clean Water Act; the Mining Law; and so on. And our thinking not just in terms of expansions to the toxic release inventory per se, but to encourage other forms of public disclosure of environmental information that will help get us to our mutual goals. The issue that Mark Greenwood just raised in terms of TRI as an agenda-setting tool, I think really begs the question: how much of the toxic release picture are we currently including in the toxic release inventory, and is it appropriate for agenda setting? We did an analysis of basic EPA information on toxic releases that was available from the other program offices the air office, the water office, the hazardous waste office and so on. Basically, we used information from documents used to support the development of regulations, because, many of the industries that are not included in the toxic release inventory are also exempt from regulatory controls at this point in time. We produced a report which we called The-Right-to-Know-More, which tries to document everything that the public does not have a right to know about under the present program. And you can see from this diagram that we do not know exactly the size of this pie; what we do not have the right to know under present law because of lack of complete information; but some pretty good guesses are that it amounts to hundreds of billions of pounds of toxic chemical releases, perhaps as much as 95% of toxic chemical releases to the environ- ment. Yesterday, I had the opportunity to drive up the river about 30 miles or so to see some of the industrial development along the Mississippi and we must have driven by about 25 different chemical plants and refineries - huge complexes. But we also saw a number of other facilities that are not subject to reporting requirements, and I can give you a few examples. There was a tank, truck, and car cleaning facility EPA estimates that outside the chemical industry, this industrial source category is the second largest contributor to water discharges of priority toxic pollutants, yet they are 33 ------- TRI DATA USE AND POLLUTION PREVENTION unregulated under the Clean Water Act at present, and not subject to TRI reporting. We saw some power plants. Again, not subject to TRI emissions reporting. There are estimates that coal fired power plants emit eight times more mercury than all of the manufacturing sector combined that are included in the toxic release inventory. We saw oil wells. And, again, for arsenic discharges to water 450 times more arsenic was discharged from oil and gas development than from all the facilities in the manufacturing sector combined. We saw barge loading stations enormous sources of volatile organic compound emissions. We saw tank farms. As with all other storage facilities, these were exempt from public disclosure requirements. Landfills of all sorts, hazardous waste, municipal landfills, in fact, all of the hazardous waste treatment, storage and disposal facilities do not have to report their discharges to the environment. We need to include that kind of information if we are going to get at a more comprehensive picture of where we ought to be focusing our attention. In terms of chemicals, there has been some discussion earlier of various legislative proposals, and I would just like to give you a two second background of what we looked at in this report. We attempted to analyze what chemicals are regulated as toxics under various other federal environmental laws that are not subject to Right-to-Know reporting. We wanted to take a conservative look at this issue and really look at some of the obvious peices that we are missing, the things that have already been identified and recognized by EPA as problem chemicals, so we can avoid a lot of future reanalysis. We identified, for example, sixteen hazardous air pollutants that the public does not have the right to know about. We identified about forty things that are listed as priority toxic pollutants under the Clean Water Act. About 16 safe Drinking Water Act toxics. About 200 chemicals that are identified as known or probable human carcinogens by EPA or the National Toxicology Program, or the International Agency for Research on Cancer. So, it is one thing to talk about data elements and overwhelming the capacity of your current computer database, but it is another thing to tell the people that are living directly across the fenceline from these facilities and they do not have the right to know about what that facility is discharging into their air because it would involve too many data elements. I think you can almost turn that whole argument on its head and wonder what is all this information that the public would be denied because of some perceived problems in data management capacity. I think the onus is on EPA to try to develop data handling and management systems and to move toward electronic reporting requirements that will allow EPA to do a better job in providing the public with information in a timely manner, and providing the public with accurate information, and housing that information in a real user-friendly type of format, which we have not seen to date. The Right-to-Know issue and the Right- to-Know More campaign really goes beyond expansion of the chemicals and facilities, but also goes to the question of what type of information is collected. We have been advocates for the reporting of peak release information. This is a pretty simple concept actually. I get a lot of calls from citizen groups and reporters that want to know what these releases mean. And sometimes people are asking me about acutely toxic chemicals. I am sure you all get these calls as well. What does it mean if they are releasing 100,000 pounds of hydrogen fluoride a year? What sort of concentrations in the environment are you creating as a result of those releases? Of course, we do not have the answers because we do not know what the rate of release is. Is it released over the course of the year or in one or several short blasts? What are the causes of those short-term peak releases? Pretty basic information to answer - pretty 34 ------- TRI DATA USE AND POLLUTION PREVENTION fundamental questions that people have about the TRI information that I think will help advance the goal of understanding of what the information says. Secondly, we would like to take a lesson out of the Right-to-Know experience and apply that to moving the environmental debate forward to the area of toxic use reduction. Rather than proposing a regulatory program with percent reduction goals/ the kind of thing we are proposing really revolves around the collection and provision to the public of information about toxic chemical production and use. It is imperative that information be collected on a unit specific basis if it is going to have any meaning at all. Some of these facilities that we heard about earlier this morning emitted more pollution then the entire state of New Jersey there are obviously many discrete production units there, and you need to look at those one at a time to figure out what is going on and what the opportunities are to make process changes to reduce the use of toxic chemicals in the production process. I think we also need to think about Community Right-to-Know as a concept that is broader than just a computer database. We need to think about other mechanisms for directly providing this information to the public. Some of the ideas that have been proposed have been things like: posting signs at factory gates detailing environmental releases; including informa- tion in public utility bills about what your sewage treatment plant is discharging into the environment; posting signs at access points to water bodies that violate water quality standards; and labelling products with their contents. This is basic informa- tion that we do not currently have. In New York City there is a proposal to consider providing the public with real time access to ambient air quality monitoring information through electronic billboards at the sidewalk level. I think we need to broaden our vision of Right-to-Know and try to think creatively about other mechanisms for direct provision of this information. The focus of this conference is really on the use of TRI data. I am hopeful that we can collectively come up with some proposals for using the information in new and creative ways. There have been a couple of generations of reports. I think maybe the first generation of TRI reports was straightforward reporting of the numbers, maybe some ranking of facilities or chemicals. What I might call the second generation of reports looked at particular companies or corporations. There really is a whole third generation of more sophisticated uses of the information that we might make, that I hope we can explore over the next couple of days. I can share with you a couple of my thoughts now, and I am sure that you have many other ideas as well. The most important thing is trying to use your authority as state regulators to see that the companies are living up to the emission reduction pledges they are making. We have a lot of these voluntary commitments, but we do not know what the bottom line is. It is not enough to look at the TRI reports that come in. I think it is clear that in the early reductions program under the Clean Air Act, you are going to have to look at a lot more detailed information to figure out what is happening at the plant. Are these changes due to shifts in production from one facility to another, from one country to another, or simply declines in production? Are they due to the fact that a lot of chemicals have been de-listed, or due to changes in estimation procedures? I just think that these commitments cannot be taken at face value and government has a role in verifying what is, in fact, going on out there with respect to these reductions. Secondly, I think that there is a good opportunity to use the information in more of a critical, comparative, sort of way. We need to look at particular industrial source categories, and in conjunction with other information, identify where the best performers and the worst performers are, and what can be done to bring the laggards 35 ------- TRI DATA USE AND POLLUTION PREVENTION up to the level of the leaders. And my hope is that sort of activity carried out in a Right- to-Know context will get us the reductions in a faster way than waiting for the Clean Air Act's multi-year schedule to kick-in and deliver technology-based standards, and give the industries another few years to comply, and then deliver some kind of health based standards. We could be talking about upwards of 20-25 years. But I think through promoting the use of targeted Right-to-Know information, we can speed that process. A couple of other thoughts. I do not know of anyone that has taken a look at the TRI data in terms of trying to analyze industrial discharges that occur above drinking water intakes. Disposal of industrial waste and municipal landfills is a big issue. Again, not much analysis has been done. Stormwater data my hunch is that companies are not correctly reporting this information and that there is perhaps more of a problem out there than we realize. In terms of what you can do, the states have obviously been leaders in this whole field of expansion of Right-to-Know. In Massachusetts, we have already seen a very large expansion of the number of chemicals and the types of facilities that will be subject to reporting requirements as part of their Toxic Use Reduction Act, which passed recently. Also, New Jersey enacted toxic use reduction legislation, which will be collect- ing some of the unit-specific information that we need, and obviously there is an opportunity for many more states to get involved in this area. I think states are beginning to get reports on the data out to the public, and I was happy to see some of these out on the back counter, because states can do so more swiftly then the year or so it takes for EPA to get the information out. But in some states that I contacted for information, I have been frustrated to find that, due to budgetary problems and so on, the information is just sitting in a box somewhere, and there is really no way to locate it and make it available to the public. That is just not acceptable for Right-to-Know programs. EPA obviously has authority to move forward in many of these areas, and we would like to encourage them as much as we can. One way that we are doing that is through support of federal Right-to- Know-More legislation. You have heard a little bit about the Senate version of that. The HR 2880 bill introduced by Rep. Sikorski has enormous support. I think there are 148 co-sponsors on that bill. It was introduced in July, and your support for that legislation, as well as for the companion bill in the Senate would be tremendously helpful in creating momentum for passage of that legislation. Thank you. Art Gillen Mr. Gillen is currently the Director of Environmental regulatory Affairs for BASF Corporation in Parsip- pany, New Jersey. This includes responsibility for the corporate functions of air, water, solid waste and EPCRA regulatory and legislative affairs. Under his direction, support is provided to over 60 manufactur- ing sites in North America. His group is also re- sponsible for the design and implementation of a corporate-wide ecology database. Currently, Art also serves as Chairman of the Synthetic Organic Chemi- cal Manufacturers Association's (SOCMA) Environ- mental Quality Committee (EQC) and is a member of the Chemical Manufacturers Association's (CMA) Environmental Management Committee (EMC). Prior to joining BASF in 1978, Mr. Gillen was an environmental engineer with Union Carbide in South Charleston, West Virginia. The Toxic Release Inventory has created a valuable accounting system for emissions from selected facilities. Public availability and the excellent starting point and common baseline that it provides have prompted many companies to set priorities and estab- lish voluntary reduction goals. The Emer- gency Planning and Community Right-to- Know Act is a good law but is not without its faults, and care must be taken to use it appropriately. There are several respects in 36 ------- TRI DATA USE AND POLLUTION PREVENTION which the TRI is a valuable tool for Investi- gation and Measurement, Planning, Commu- nicating, & Initiating Programs Determining the total releases and trans- fers for completing a plant Toxics Chemical Release Inventory has proved to be a useful and beneficial task in and of itself. Process engineers have had to scrutinize their pro- cesses as a whole to quantify wastes re- leased to all media. These data are a valu- able tool for planning. As a planning tool, TRI provides an excellent overall account from which priori- ties for improvement can be identified. It offers a starting point on which to build other programs and set goals within the facility. Over the four years that the inven- tories have been a requirement, individual facilities have used it and the work effort involved in developing the inventory to improve their knowledge of their own pro- cesses and to improve operations. TRI is also an excellent communication tool. The public availability of the data itself and the numerous analytical reports pub- lished, even in newspapers and magazines, have helped make everyone who is involved employees, industry, regulators, private citizens, and special interest groups more aware of emissions and trends. Some facilities have used Community Advisory Panels to disseminate information on releases and the effects of chemicals. Being responsive to citizen concerns and communicating with them so they feel comfortable with our operations has changed the way we do business, and that change is for the better! Another benefit of the TRI is that it has acted as a catalyst for the initiation of many other good programs and projects. Without any regulatory pressure, many companies volunteered and set goals to achieve reduc- tions in their emissions. Building on industry's initiative, the EPA has developed the Industrial Toxics Pro- gram. It is a voluntary reduction program to which EPA has invited companies to commit to reduce national aggregate emis- sions of seventeen chemicals from the 1988 TRI levels by 50% by the end of 1995. More than 200 companies have agreed to partici- pate in the program. There is, however, room in the TRI program for improvement in several areas which I will highlight. The reporting itself and the addressing of the issues that result from reporting require a tremendous amount of resources. Fortu- nately, much of the effort involved in gener- ating the emissions inventories for the TRI provides other benefits such as communicat- ing with the community, improving process knowledge, organizing information and improving communication and awareness, and revealing areas for process/product improvement. Unfortunately, the manpower requirements have not changed much over the years. This is because we try to get better data, changes are made to our opera- tions, and changes are made to the TRI program and form. Annual training, at every facility, is required to keep up with these changes. Changes to the program should be strongly weighted against bene- fits. More than anything else, the program needs time and uniform compliance to work. The TRI program and database itself, while called the national Toxics Chemical Release Inventory, does not truly represent its name. The TRI list of chemicals does not include all of the toxic chemicals that are released. Nor are all of the chemicals on the list toxic. Some are on the list because they are used in large amounts some because, although they are not toxic, they have an effect on the environment. The OTA esti- mates that the TRI data represent only a portion of total chemical releases to the environment. Only certain manufacturers are required to report. These manufacturers are by no means the only emitters of chemi- 37 ------- TRI DATA USE AND POLLUTION PREVENTION cals. Processors and users of chemicals outside the select SIC codes emit chemicals as well. Automobiles are the major source of air emissions in the ambient air that we breathe as is indoor air. Even of those facilities covered, it is estimated that almost one third have not filed the required reports. Another issue is the misrepresentation of off-site transfers as emissions to the environ- ment. The TRI defines emissions as releases to the environment and transfers to off-site facilities. Usually the materials transferred to off-site facilities are further treated so the material does not become a release to the environment. Organics can be degraded almost completely by bacteria in POTWs or by burning in incinerators. Acids and bases are neutralized to common salts. Methanol, the second highest total pounds emitted chemical in the TRI, is a favorite food of the bacteria in the POTW. It is completely decomposed to carbon dioxide and water. To equate transfers to off-site treatment facilities or transfers to recycling facilities with environmental releases is wrong. It is an ineffective way to evaluate effects on human health and the environment. An off- site transfer is most often never released. Unfortunately, as releases and transfers are all in the database, the distinction is usually not made and the common usage definition of releases is applied to transfers as well. In fact, in 1988, over 25% of the reported re- leases were actually transfers not releases. This interferes with appropriate priority setting of release reductions by risk reduc- tion. It forces the setting of a goal, where achievement of that goal may have no im- pact on the effect of that chemical released on the environment. Finally, because the units of the TRI database are total pounds of emissions, there is a diversion away from risk reduction and an emphasis on the reduction of pounds. There is no toxirity ranking to distinguish high toxicity chemicals from low. Generally the chemicals that are emitted in the highest quantity are those that have the lowest toxicity for the simple reason that industry's focus has been on reducing emissions of high toxicity chemicals to reduce risk. Because the unit of measure in the national database is pounds, reduction in pounds is the focus. Risk management requires both the exposure and toxicity be considered. The TRI provides only a portion of this needed information. To me, the key issue for the TRI is how best to use it. Its basis is in Community Right-to-Know. Action must be taken at the local level. Ten million pounds of chemical X reported nationally in the TRI is meaning- less compared to the amount and impact of the pounds of X that are emitted in your community. If I convey anything today, I would like to urge all of us to use the TRI to communicate our local concerns with the facilities in our communities. The TRI is being used to set priorities that are different from those that would be set if evaluating risk. For any given chemi- cal, risk can certainly be reduced by limiting the pounds emitted, if there is any exposure to the chemical. But to reduce the risk from a variety of chemicals, toxicity and exposure of the chemical are just as important as the pounds emitted. The public has a right to know and they also have a right to understand. It seems improved education is always needed, but it is especially important when decisions and public policy are dependent upon the under- standing of this data by the public, legisla- tors, regulators, and special interest groups. If laws or programs are developed based upon a misguided premise, problems will not get solved. In fact they may get worse. The idea that more is better in terms of data collection can bog down any valiant effort to make improvements simply because the paperwork quagmire will be so deep that resources will not be available for reduction efforts or priorities will become so obscured that effective management will be chal- lenged needlessly. The TRI, or an expanded TRI, cannot solve all of our environmental concerns. 38 ------- TRI DATA USE AND POLLUTION PREVENTION What we in industry hope for is to be given a tool and to be subject to regulations that we can use, along with our other tools, to effectively improve both our operations and the environment. The TRI is part of a set of tools, but it is not the whole picture. Exposure and risk, while best done on a plant by plant basis, must be incorporated along with consideration for relative toxicity and the TRI emissions data to set priorities. A holistic approach based in sound science, reason and pragmatism, that will truly help us to improve the quality of life for humans and the environment, is the only way to deal with today's environmental concerns. With four years of reporting behind us, we have learned from our experience. Some recommendations for developing a reporting system have become clear: The TRI Release Inventory should be an inventory of releases. Presently, the TRI is not; it includes both releases and transfers to off-site treatment, storage, and disposal facilities. In fact, over 25% of the pounds re- ported in the database in 1988 were trans- fers, not releases. The focus of a Toxics Release Inventory should be releases to the environment. The misrepresentation of transfers as equivalent to releases distorts the data and obscures what the priorities should be. The combined data make it diffi- cult to measure progress on the priorities set for release reduction and risk reduction. The chemical list must be developed based upon sound science, with the specific purpose of this program in mind, and with care to include truly toxic chemicals. The list of TRI chemicals is called the list to toxics, but it includes chemicals which are not toxic and does not include some chemicals which are toxic. The list was created by combining two pre-existing chemical lists that were developed for other purposes. Some of the chemicals were included on those lists sim- ply because they were used in high quanti- ties in commerce. There are no emissions reported for almost 20% of the chemicals on the list. Some of the chemicals are simply not used by manufacturers in significant quantities anymore. The regulated community should include the major emitters of toxic chemicals. Only manufacturers in a given set of Standard Industrial Classification Codes have been targeted for reporting their emissions for the TRI. Thus, emissions in the database are from only a select group of emitters and do not represent a complete inventory of what is being released to the environment. Care should be taken as well, however, to ensure that the system will not get logjammed by including small emitters of negligible quanti- ties of chemicals. Every effort should be made to ensure useful data collection because what data are collected determines what goals and priori- ties will be set. The TRI database cannot be used to solve all of our environmental prob- lems. It should be used as a tool in combi- nation with other tools. Collection of extra- neous pieces of information waste time, energy, and overwhelm the system. This will detract from the effectiveness of the data. More is not always better. It is better to collect key pieces of data and to have good accurate data that can be used and managed. What data are collected drives what goals will be set and what problems will be perceived and addressed. Collecting the wrong data can obscure the relevant data and will shift priorities in the wrong direction. A pragmatic, reasonable approach using sound science, and considering relative toxicity, risk, and exposure potentials should be used to set priorities. Laws, programs, and goals based on faulty assumptions or that focus on intermediate waste handling steps but which will not have an effect on the releases to the environment and expo- sure to toxic chemicals will benefit human health or the environment. Collecting the right data and setting the right priorities is the only way to focus on and achieve im- proved quality of life for humans and the environment. 39 ------- TRI DATA USE AND POLLUTION PREVENTION Lee Tischler Mr. Tischler is the Executive Director of the Minne- sota Emergency Response Commission and the Department of Public Safety. This is a post he has held since 1987. In Minnesota the Emergency Response Commission is responsible for all sections of the Emergency Planning and Community Right-to- Know Act, including the TRI reporting. Mr. Tischler is also the Vice President of the National Association of SARA Title III Program Officials, and Chair of its Section 313 Committee. A prime location to be, just before the break, but I will try to keep it short. Echo- ing the comments of the earlier speakers, I would like to emphasize again that TRI is indeed an example of the power of informa- tion. In Minnesota we prepared our first TRI report for the public using 1988 data, and it did generate a significant amount of media coverage. In fact, we had a woman contact our office indicating that her two children had asthma, and she wanted to know which state had the lowest releases of toxic chemicals. Well, we have heard of high taxes and we have heard of bad weath- er as reasons to leave Minnesota, but we have never heard of TRI information as reasons to leave the state. After explaining the limitations of the data, we did send her the national TRI data. Initially, many states were reluctant recipients of TRI data. Few realized the power of TRI. During these early reporting years, EPA was involved in selling TRI, which frankly was a tough sell to the states because there were no monies involved with it, nor could we immediately see any type of program benefits associated with TRI. In 1988, EPA contracted for the development of a guidance manual for state TRI program coordinators. The manual had how-to sections involved in it. The basics, beyond the basics, advanced capabilities. That same document also outlined a number of short term and long term goals for state TRI programs, including: (1) increased public use and understanding of TRI; (2) improved data quality; (3) increased industry compli- ance; (4) establish and support pollution prevention programs; and (5) link environ- mental databases across media. In three short years, we have made significant prog- ress toward these goals. Within Minnesota, the Emergency Re- sponse Commission is responsible for all aspects of Title III, including emergency planning, accidental release notification, chemical inventory reporting and TRI. At first, we thought EPA is processing the TRI data, why should we duplicate their efforts? But it became very apparent after the first year that there was a good reason for us to become involved in TRI. Requests from environmental groups and from the public for TRI information, almost dictated that we put together a report to the public that was readily accessible. Today, almost 40 % of the states now prepare some type of annual TRI report. At this time, states have developed an ownership of TRI. The term "ownership," which has been the theme for the National Governor's Association Conferences on the Emergency Planning and Community Right- to-Know Act, does imply a responsibility. Over one-third of the states have statutory and enforcement authority for TRI. States are now responsible for such aspects as public outreach, improving data quality, responding to public information requests. But state and TRI program officials also expect an opportunity to shape the future directions of TRI pollution prevention both at the federal and state levels. For example, some states have used the power of TRI to pass state pollution prevention legislation. We point to the states of Oregon and Massa- chusetts as leaders in that area. In Minnesota, the TRI data prompted the passage of the Minnesota Toxic Pollution Prevention Act of 1990. That law requires pollution prevention plans for TRI facilities, and assesses fees based on the number and releases of TRI chemicals. The Minnesota Emergency Response Commission has also submitted a report to the Minnesota legisla- 40 ------- TRI DATA USE AND POLLUTION PREVENTION hire in December of 1990, recommending an expansion to selected non-manufacturing sectors. Those states that have developed TRI programs generally concur with the need for Right-to-Know More. But we also recognize the confusion factor for industry if they have fifty-one TRI programs to comply with. In Minnesota, we are anxiously awaiting prog- ress at the federal level and the passage of Right-to-Know More legislation. So, we have seen a significant evolution in the TRI program, but I would like to offer these questions and observations for the future: (1) As industry and community groups sit down to negotiate good neighbor or neighbor-labor agreements, what will be the role of government: passive observers or a party to the agreement? Will government be willing to provide the same assistance to local communities in assessing toxic releases as it provides to help industry in developing pollution prevention through technical assistance programs? (2) TRI is but one component of Commu- nity Right-to-Know. How well is TRI being linked with other components of Title 3? How can TRI and pollution prevention be incorporated into local emergency planning, or even comprehensive community develop- ment plans? (3) How will EPA and states package this new pollution prevention data they start collecting this year? In Minnesota the Pro- ject Environment Foundation is currently conducting an audit of our Title III program. That is a private foundation that has re- ceived a private grant. A major concern of the Project Environment Foundation is how available is the information, and how can it be manipulated to meet the varied public requests and local needs. (4) With the assortment of such new legislation as the Pollution Prevention Act, the Clean Air Act, Hazardous Materials Transportation Uniform Safety Act, the traditional lines for administration of health, safety and environmental programs are increasingly becoming blurred. Where do OSHA regulations for process safety end and EPA risk management plans begin? Are the states able to select the best admin- istering agency, and how much turf protec- tion will occur? And in the rush for pollu- tion prevention planning, is accident preven- tion being adequately considered? As time evolves, I suspect the public and press will focus more on specific facilities instead of the press reporting such items as, "six million pounds of toxic chemicals re- leased in Gopher County." I think you will see a facility report card documenting TRI releases, pollution prevention accomplish- ments, risk management plan and chemical accidents. State resources will be strained to check the quality of the new pollution pre- vention data elements in TRI, as well as other legislative requirements. During the past year, we have seen significant advances in TRI data quality and compliance. As a result of the resources provided through an EPA grant, Minnesota has identified 140 new reporting facilities with releases and transfers totalling 3.5 million pounds. Forty facilities have also submitted revisions as a result of our site visits under the grant. But as we ask for more and more data from industry, it becomes increasingly difficult to provide technical assistance and to check the accuracy of the data through inspections. In Minnesota, we found another interesting, unique method for improving data quality is to assess fees based on the amount of releas- es. It was amazing the number of voluntary revisions that we received in Minnesota after fee statements were issued to facilities based upon their quantity of releases. Finally, we all recognize that state and federal resources are limited, which makes it even more important to cooperate in the implementation of TRI. As we develop ownership of TRI, we need to share informa- tion on what works and what does not 41 ------- TRI DATA USE AND POLLUTION PREVENTION work. We also need to share ideas to shape the program in future years. We should broaden our perspective beyond TRI and consider the implications of other Communi- ty Right-to-Know related programs. For these reasons, I would encourage you to become involved in such national organiza- tions as the National Associations of SARA Title III Program Officials, which provides an opportunity to meet with your peers. There no longer is a dear demarcation between emergency preparedness and envi- ronmental protection. Plus, Community Right-to-Know strengthens the linkage between them. Community Right-to-Know implies that knowledge can lead to action. We have witnessed considerable action since the first national release of TRI data in spring of 1989. At the federal and state levels, we have seen packaging the data, pollution prevention programs, 33/50. From industry we have seen numerous commit- ments to reduce. From environmental groups we have seen their own summary reports and good neighbor agreements. But we have also seen individual action. Remember the Minnesota woman who asked for the national TRI data because her children had asthma. She made her choice. We received a postcard from her saying that she moved to the 49th ranked TRI state, Nevada. Thank you. Ted Smith Mr. Smith is the founder and Executive Director of the Silicon Valley Toxics Coalition. Mr. Smith is currently President of the National Toxics Campaign Military Toxics Network, and he is also on the boards of the Toxics Coordinating Project, the California Toxics Coalition and the National Toxics Campaign. In 1990, Mr. Smith co-founded the Campaign for Responsible Technology. Prior to starting the Toxics Coalition, Ted Smith was a partner in the law firm of Smith & Johnson. He has also taught labor studies at San Jose City College and environmental studies at San Jose State University. Ted has been a member of EPA's Integrated Environmental Management Program Advisory Committee, the City Manager's Toxic Gas Task Force and the Intergovernmental Council Task Force on Hazardous Material Storage. Mr. Smith received his juris doctor from Stanford Law School after receiving his bachelor's degree from Wesleyan University. Thank you very much. I wanted to thank you for inviting me here to New Orleans. It is probably the one city in the country I have most wanted to visit for the longest time, so I really appreciate it. I was reminded of a funny incident by one of the previous speakers that is an example of one of the additional uses of TRI data which I really want to address, but this one remind- ed me of some of the ironies of it. Not too long ago, we had a new employee in our office who came in to see me and she was just white as a sheet. She said, "There is a man outside who is from the IRS and he wants to see all of our Title III data." And she said, "Is that what we have to do to maintain our non-profit, tax exempt status? Are they investigating us?" And I said, "Well, no actually it is the new toxic release inventory data from EPA. I do not know why he would want to see it, but it is noth- ing that we should be worried about. Why do not you invite him in?" So he came in and he said, "I have been trying to get this data from EPA, I have been trying to get it from the state government, I ca not get it anywhere. We are investigating the compa- nies who are discharging the CFC's because we are empowered to enforce the CFC tax and we just need to get this information, so that is why we are here." And so we were very glad to turn over everything that we had. You can draw your own lessons from that story, but that is one of the more inno- vative uses of TRI data that I have run into. If we could have the first slide, I would like to talk a little bit about the fundamental importance of TRI data (see page 47). When it gets right down to it, I think that TRI data, the usefulness of it, is in helping to identify the extent of the toxic contamination problem. If you look simply at the chart up here, on the slide now, you can see that the 42 ------- TRI DATA USE AND POLLUTION PREVENTION production of synthetic chemicals in the United States has escalated very rapidly. Those are exponential numbers along the left hand column of the graph. And as each major new technological development has been developed, the production of these chemicals has just escalated. This is a chart that has been prepared by the Toxics Coor- dinating Project, which is the California Toxics Coalition. TRI data, to the extent that it is helpful at identifying the releases of those chemicals into the environment, can have a major impact on people's under- standing and awareness. The second slide I would like to show is what we like to call the solution (see page 48), which is how do we reduce the chem- ical emissions, and in particular chemical usage, which is really at the fundamental core of a lot of the problems that we have been dealing with. It identifies toxics use reduction as the real major goal by simply pointing out that controls in the past have not really been very successful. Where we have been able to measure very significant environmental benefits is where we have been able to phase out DDT; where we have been able to phase out the lead and gaso- line; where we have been able to phase out DBCP and some of the others. Most recent- ly, I think the real success story is in the phase-out of the CFC's in order to protect the stratospheric ozone layer. It is within this context that I and a number of people in the environmental movement come to this TRI data with that perspective. I would like to go back now for a mo- ment to talk a little bit about our own local efforts in Silicon Valley. Up until pretty recently most people still believed that the electronics industry was a clean industry. It was a selfrdescribed clean industry and I think the TRI data has been helpful, among other things, in expediting peoples' under- standing that in fact the electronics industry, too, is a chemical handling industry, that it, too, has significant chemical releases. We discovered this actually just about a decade ago, when we learned that our aquifers had been contaminated by leaking solvents. We were one of the first local groups in the country to work successfully for the passage of a local Right-to-Know law, and then we were active in the re-authorization of Super- fund, which provided the federal Right-to- Know law. We were the first group in the country that compiled the local data from our county and identified what those releas- es were back in August of 1988. The next slide is actually going to show you two years worth of data of reporting on who have been the largest dischargers of the TRI chemicals in Silicon Valley. When we released this information we did it with a press release and a press con- ference. I want to read you a little bit of the information that we released. 'Twenty-five major area companies are responsible for the discharge of millions of pounds of toxic chemicals into the environment each year, according to recent data. Twenty-five com- panies with 41 facilities in Santa dare Coun- ty admitted discharging over 12 million pounds of 34 different toxic chemicals into air, land and water. Almost 2 million pounds went into the air through stack admissions. Another 2 million pounds were classified as fugitive emissions. Under current legal regulations this type of pollu- tion is largely legal, although considered immoral by many. The Silicon Valley Toxics Coalition has charged that industry has enjoyed a free ride to use the air as an open sewer for its waste disposal Some compa- nies, however, are already beginning to respond to community pressures in other parts of the country. Monsanto, for in- stance, has acknowledged almost 18 million pounds of discharges nationwide, but has promised to reduce those emissions by 90 percent in four years and is approaching a zero discharge standard of tolerance." We tried to dramatize what the problem was and then put out a call for dramatic and rapid toxics use reduction and discharge reduction into the air and other environmen- tal media. It was by identifying the chemi- cals of concern, which is the next slide I would like to put up, that we identified that 43 ------- TRI DATA USE AND POLLUTION PREVENTION the largest single waste stream, by far, particularly the air waste stream, was freon, or CFC's. In fact, we identified that the largest single source of those discharges in Silicon Valley was IBM. In the first year of reporting, IBM dis- charged about 1.5 million pounds of CFCs from one plant in San Jose alone. Now that may not sound like a lot to people from Louisiana. I was pretty impressed with some of those numbers I saw before. But for people in our area, again, who thought that we were dealing with a clean industry, these are pretty dramatic numbers. So we tried to design a campaign that would not only identify IBM, but some of the other companies as well. We also designed a campaign that used community organizing tactics to encourage the companies to re- duce, as rapidly as possible, these kinds of discharges. In 1989, we organized a major rally at the plant gates of IBM, and asked them to make a commitment to rapidly phase out their CFC's. We asked them to do so well in advance of the schedule of the Montreal Protocol, because by that time we had identified the electronics industry as the single largest source of the CFC 113 emis- sions in the country. We knew that it was an innovative industry that could, at times, rapidly re-design its production processes, and we asked them to do that in this case, and to make public commitments around Earth Day of 1989. We also asked them to sign a good neighbor agreement committing to the rapid phase out of CFC's. Well, they were not ready to do that in April of 1989, but we brought Ralph Nader out, and we had a couple thousand people show up at their plant gates and it generat- ed a lot of interest and media publicity. We also said that we would come back to their plant gates in the big Earth Day of 1990 if they had not made some very significant commitments to phasing out the CFC's. Well, in the meantime, we started some discussions with them and we said, "Would you rather have us back out at your plant gates for Earth Day, 1990, or would you rather have some kind of a cooperative demonstration of real progress being made which would require the inclusion of mak- ing some very dramatic commitments to the complete phase out of CFC's. And, in fact, IBM did take this to heart and well in advance of Earth Day 1990 came out with a new corporate world wide com- mitment to the complete phase out of CFC's by 1993, which was well in advance of the deadline set by the Montreal Protocol. And even better, they did not say that they were going to be replacing them with some other chemical that was made by Dupont and might have some other kinds of health effects. What they discovered was that they could do their cleaning, their ultra-dean processes, very well by replacing the CFC's with soap and water. So they found a solution that did not create another environ- mental problem by solving one that was equally or more serious. And they even found a way of using their contaminated groundwater that they pumped out of the ground and then used that in their industri- al processes to replace their CFC's. So it was a real nice, full-circle of environmental solution. So, by the time of Earth Day 1990, we were able to make joint presentations with IBM. They opened up their plant/ they took people on a plant tour and they showed that they really are making progress. Then, by Earth Day the next year, we used the TRI data identified by 25 largest companies in the Bay area that were discharging CFC's. We sent them a questionnaire asking them to describe their own internal corporate goals and timetables for phase out of CFCs. We asked them to commit to rapid phase out. We asked about alternative solutions and how far along they were. Based on that data, we then published a list of the leaders and laggards. I have heard that terminology here today and I think it is useful terminolo- gy. We gave awards to the companies that were out in front and gave some brick bats to the companies that were dragging up the rear. 44 ------- TRI DATA USE AND POLLUTION PREVENTION We discovered that in fact it was many of the military contractors that were making the least progress. We did this for both CFCs and TCA, which is another one of the chemicals destroying the ozone layer. We found the military contractors were the least aggressive because they are stuck with military specifications. This is important when we start talking about the barriers to pollution prevention. The military requires of their contractors that they use a lot of these chemicals and they have been extreme- ly slow in changing those military specifica- tions. So, if I had to step back and say what has been our overall strategy in trying to use the TRI data, I would say that it really has been to try to use it to identify the leaders and the laggards. To identify and promote effective technologies, processes and companies, identify and seek to change, phase out or replace the harmful technolo- gies. In other words, to help companies get off of their chemical dependence and to focus attention on the companies and their leadership that have failed or refused to implement effective pollution prevention policies. We have heard some of the arguments put forward today about why we ca not go forward in moving this program to the next step. They are the same kinds of arguments that we have heard repeatedly: trade secrets, too much paperwork, etc. In the whole history of chemical reporting, in Silicon Valley at least, going back to 1983, I think there is only been one, possibly two claims of trade secrecy made. So I just do not think that we feel that is a legitimate kind of a concern. The paperwork you have heard about from other speakers today, really is not a very significant problem in most cases. There was a man from one of the major electronics companies, originally when we were talking about our local Right-to-Know ordinance, who did use a term which I think is really the fundamental basis of what some of the real concerns are. He says, "We are really concerned about making this informa- tion public because of the hassle factor." And we said, "What do you mean by the hassle factor?" And he said, "Well, if people have this information, they will use it to hassle us." And I think that is precisely right. And that is in fact what we have tried to do. I think the problem has been how do you use it to hassle in an effective way, in a way that is going to bring about needed changes. I think we have largely been on the target, although I think some- times we have not been, but I think we are all learning as we go along. One final problem that you heard about from a previous speaker was that we are now going to get in to a data overload: "We just cannot put up with the data that we are going to get. We just need to keep that down to a minimum because we will not be able to handle it" Well those are arguments that people have used in the past about why they do not want to report information to IRS also, that it would just give them a data overload and they cannot handle it. IRS seems to come back and to say that we can handle it. We all know they have problems doing it sometimes. But, I just think that we have to look at those kinds of rationales again with somewhat of a jaundiced eye. We should focus on what we can do to use this data to more effectively target the lead- ers and the laggards. In that way, we can help to bring about not only waste reduc- tion, but also move up the chain so that we can actually get much better usage reduction data. I understand I am out of time. I am going to have to just show you two very quick slides that I think also need to be stated. I was at a TRI conference in Vienna that was mentioned earlier. This slide is a state- ment issued by all of the non-governmental organizations there - the NCO's which are the European groups from all over the conti- nent. I think that the information that we now provide in this country really is leading the world. I think that sometimes we do better in making data public than we do in figuring out what to do about it, but I think 45 ------- TR1 DATA USE AND POLLUTION PREVENTION that we are in the leadership of public dis- closure and that this is something that is being picked up now around the world. This will certainly benefit all of us. And lastly, I would like to show a slide that is a statement distributed by the Cam- paign for Responsible Technology. In the middle there, I just want to read it, because I think that this is an important insight. It says, "We have abdicated power over our future to the experts, and for the sake of our children we must take that power back. Our society does not even have a forum to discuss the possible results of technological change. By failing to establish such a mech- anism, a body chosen directly or indirectly by the people, we have placed the fate of the planet in the hands of technical special- ists who, however brilliant, are unqualified to decide questions of the common good." I believe that the importance of TRI is that we get the information out to the public so that the people themselves can help to participate in making some of these deci- sions about what direction we want to go. Thank you. 46 ------- THE SOLUTION A New Strategy for the Future JL ollution control is not onough. JL he federal government's pollution control strategy has failed. Our current legal and monitoring systems ore cumbersome and often contradictory. Many times, regulations are enforced only through voluntary compliance. Although government and industry spend S70 billion a year on 'waste management", we see little measurable decrease in toxic contamination. A now pollution prevention strategy for the future: J. o solve the toxic problem, we need a new perspective. Toxics use reduction prevents pollution by decreasing the use of hazardous chemicals in the home, workplace and environment. Si. ouccess otories: J. hrough technology changes, chemical bans, and the development of safer alternatives, we can protect our health and environment without acute economic impact: Rachel Carson's ground-breaking research led to the banning of DOT, and a new public awareness of chemical hazards. By changing to lead-free gasoline, we have measurably lowered the level of lead in infants' blood. The pesticide DBCP, which has contaminated groundwater and caused reproductive harm to workers, is now banned. In 1976, Congress banned the manufacture of highly-toxic PCB's, and ordered remaining uses phased out. Worldwide concern led to an international treaty to reduce the use of ozone-destroying chloroflouro- carbons; citizens continue to coll for complete elimination ofCFC production. ------- THE PROBLEM Chemical Use Continues to Soar ><£ ioIL j I 2 3 ,o_j VI ^^ I/ I I0_ ItIS IKS HIS IMS I«J IttS 1*7$ Anooi mdmi vcor «wn vupt BKomt wKkmitv 'sigmhcaM* IB bt inouMd n UMonc coitponfi m Luminuion rioonv Souiti: U.S. murnmnoi Iroot Conwmon X odoy we face an inaeasing threat to our health and environment from decades of unrestrained growth in the use and production of toxic chemicals. JL oxic contamination has crept into every aspect of our lives: our water, air, homes, food, and workplaces. The results are cancer, birth defects, genetic mutations, worker illness, and suffering. Worldwide, we now use some 70,000 chemicals, and the list grows by 500 to 1000 every year. California farmers used 420 million pounds of pesticides in 1986. Almost 1/5 of major California drinking water welb are contaminated by hazardous substances. Each year, over 35,000 California workers seek medical treatment for work-related illnesses. Los Angeles air quality exceeds federal safety standards 150 days a year. Annually, we add about 350,000 tons of household hazardous waste to California landfills, many of which are leaching toxic into the environment. ------- TRI DATA USE AND POLLUTION PREVENTION Jack Kartez Mr. Kartez is a Senior Fellow at the Hazard Reduc- tion and Recovery Center at Texas A&M University. From 1980 to 1990, Dr. Kartez taught in the unique interdisciplinary environmental science program at Washington State University. He now teaches and conducts research on environmental dispute resolu- tion, natural and technological hazards and on how to design public planning processes. His research is supported by a variety of public sources, such as the National Science Foundation, EPA, state and private sources, and currently includes projects on the future of Title III LEPCs, use and impact of the TRI, haz- ardous facility sitting, and local government disaster planning. Dr. Kartez received his degrees from Middlebury College, the University of Oregon and the University of North Carolina at Chapel Hill, and has worked as both a policy analyst and enforcement specialist in Wisconsin and Oregon state government. I wanted to use one of my precious mo- ments to mention that I am also a member of the National Association of SARA Title III Program Officials, and a member of its Research Committee, and it is an increasing- ly useful and needed network of people working at state and local levels to imple- ment Title III related programs. I took my invitation here as a charge to try and repre- sent the academic sector and that is difficult because we are so diverse, so if I leave something out - it is inevitable - please do not be hurt, just tell me about it. Although academic policy advocates argued for using information as a supple- ment or substitute or addition to regulatory approaches over a decade ago, by people like Mike O'Hare of MIT, who was also a state official, and Susan Hadden of the University of Texas and many others, use of TRI data by the academic sector has been slow. Since 1986, however, there are at least three academic roles in using TRI data that are unfolding. One is to use the data to tell us something about substantive problems like health effects, vulnerability of popula- tions, social equity, the direction of industri- al practices and so on. A second use is to analyze the way the TRI program itself works. For example, is the data truly acces- sible, and accessible to whom, and what is it being used for and to what real effect? The third role is using TRI as an educational tool, and I would like to just briefly com- ment on each of those roles. Substantive uses, number one, are slowly increasing. Let me just give you some examples. One scientist recently at the National Institute of Environmental Health Sciences, started to think about the need to combine TRI data with cancer data to tell us something useful about health effects. A Berkeley doctoral student and former com- munity organizer, Bill Pease, is showing how California's Proposition 65 chemicals data can be used to monitor environmental improvements in California. He is now trying to use the TRI data in the same way, although that is hard because of the limita- tions in the data. Pease's Proposition 65 study, incidentally, appears in the December issue of the magazine Environment, and it is a good example of where uses of TRI data can go in legitimate research and monitor- ing. There are several projects by groups at Tufts and now Columbia University that have been moving from looking at the 311 chemicals to looking at the 313 chemicals and the impact of the data on the internal practices and direction and decision making of industries. There are economists at other universities who are looking at the impact of TRI data on market prices, on Wall Street, on issues of environmental racism and so on. All of these different kinds of appli- cations are beginning slowly to emerge. Without question, the limitations and the coverage and validity of the data are an obstacle to acceptance of its use in scientific research on issues like health effects and ambient environmental improvements. Difficulties in accessing the TRI are an issue with academics too, you may be sur- prised to know. Susan Cutter is a well known environmental geographer at Rutgers University, whose National Geographic 49 ------- TRI DATA USE AND POLLUTION PREVENTION Society project called "The Toxic Landscape" has compiled a complex 50-state database of acute toxic releases during all of the 1980's. I asked Susan this fall when she would combine TRI data to get an even better picture of chronic exposure in the nation, and she said, "Well, that would be nice Jack, but TRI availability is not as good as some claim. Simply putting it on Toxnet does not make it available." This brings us to the second role of academics to assess how the TRI is working as an experiment in environmental data democracy in terms of its access, its use, and its impact. Last year, GAO issued a report on TRI implementation that questioned whether the data is reaching the individual citizen. My colleague, Frances Lynn of North Carolina, and I also completed a study of TRI use with support from the Office of Toxic Substances. Our findings supplement those of GAO's study, but they also differ in some respects, and I want to just mention one. We found that public interest groups which acquire the TRI data, reorganize it, refold it, analyze it, apply it, summarize and disseminate it to their constituencies, are the vital link to ordinary citizens. One of the environmental groups in our study put it this way, and I am quoting: "People do not ask for TRI directly, but the data will help them with their problem. Most of our call- ers have never heard of TRI. They just call for help." We conclude from this and other evi- dence that asking whether every individual citizen can access and understand TRI data may miss the point. We should be asking how well our society can support the orga- nizations that are needed intermediaries or bridges between people and complex infor- mation about health and their environment. Those helpers include citizen interest groups, state 313 agencies and enlightened industry, among a growing number. Citizen groups in particular should not be viewed as just an external client for TRI data. They are for all purposes a vital link without which the TRI's egalitarian purposes will be an empty government promise. Now our study includes other findings about the accessibility of TRI, and the format in which it needs to be available to make it useful. We have advance copies for you of a short summary that we prepared for EPA and some are available out in the hall, and Jan Erickson of the EPA staff will have some in her track tomorrow. One question we think needs scrutiny in the future, that is not in our summary, is how fiscally pressed states can most effec- tively help people use TRI. For example/ Washington State is one which gives funds to public interest groups to directly propel outreach. That kind of partnership may be effective, but there may be other solutions as well. Another question is how TRI data is being incorporated into media-specific waste and other functional programs. We hope to get EPA's green light to begin to pursue at least some of these questions in the coming year. In general, we academics do need to do more to monitor use of the TRI because we all need objective yardsticks about the suc- cesses, failures and solvable problems. TRI is a test of whether environmental quality can be induced and negotiated through information as well as direct regulation, and a lot rides on knowing whether environmen- tal democracy is effective in that manner, and good legitimate research can provide information that anecdotes simply cannot. Finally, one more comment. As a teach- er, I have to say something about the role TRI could and should play in education. John Ridgway of Washington State's De- partment of Ecology, who is out in the audi- ence, recently told me of a Mott Foundation- funded workshop that University of Wash- ington faculty held to compare notes about TRI use among key researchers, environ- mentalists and state agency staff in the northwest states. It is very useful to get 50 ------- TRI DATA USE AND POLLUTION PREVENTION together small select groups like that, but we can further pursue the educational uses of TRI and we should. For example, I would wager that we would benefit if those we are training to be industrial process and safety engineers became as aware of the TRI as are at least some of the graduate students in our environmental science curricula. Now maybe that is Utopian thinking, but that is part of what higher education is supposed to promote in our society, along with mar- ketable skills. Eric Frumin Mr. Frumin is the Director of Occupational Safety and Health for the Amalgamated Clothing and Textile Workers Union, AFL-C1O, CLC. ACTWU repre- sents approximately 250,000 workers in the United States and Canada in the apparel, textile and related industries. He is a leading national trade union spokesperson on job safety and health issues, includ- ing OSHA enforcement and occupational disease and injury surveillance. He has helped shape numerous OSHA health standards, such as Formaldehyde (1987), Hazard Communication (1983), and Cotton Dust (1978) which was upheld by the U.S. Supreme Court in a landmark decision outlawing the use of so- called "cost-benefit analysis" under OSHA. He chairs the U.S. Labor Department's Labor Advisory Committee on Occupational Safety and Health Statistics. He has advised OSHA, NIOSH and numerous medical organizations on ergonomic hazards in the apparel industry. On behalf of President Jack Sheinkman and the 250,000 members of ACTWU in the U.S. and Canada, I want to thank you for the opportunity to speak at this important meeting. The Right-to-Know has been at the heart of the trade union movement's program for job safety for the last quarter-century, since the first versions of the OSHAct were intro- duced in 1967. After the OSHA law was passed in 1970, we struggled for 13 years to force the implementation of the Right-to- Know provisions, including a direct confron- tation with both the top management of the chemical industry and the highest authori- ties in the executive branch. Our persistence was directly responsible for the Supreme Court's stripping the Office of Management and Budget of its authority to block regula- tions mandating industry's disclosure of chemical hazards to workers and the public. In the aftermath of the horror inflicted upon the people of Bhopal by the Union Carbide Corp., we joined with the environ- mental movement to expand the workplace Right-to-Know to the community, Title III of 1986 Superfund amendments which estab- lished the Toxic Release Inventory. This law finally recognized what industry has always known: that forcing the industry to share information gives power to the industrially- powerless. Who are the powerless? They are com- munity residents beset by the twin evils of toxic chemical pollution and weak local economies, and at the mercy of the power of global corporations and markets. The workers in these industries are also often powerless. The majority of workers are not members of any trade union. And where there are unions, the unions are often subverted and weakened by the notoriously anti-worker legal framework for our basic labor laws. Today, only 12% of our private sector workforce is organized, and only 22% in manufacturing, down from 70% at the end of World War II. Federal, state and local agencies are also powerless when denied the authority to force industry to prevent pollution in the first place. What we are really talking about today is power, the practical ability to force pre- vention programs on the polluters both outside and inside the workplace. In the case of TRI, power begins with knowledge. Let us take an example close to my heart: Since 1979, the 700 members and officers of our Local 1481 in Northfield, Minn, have been trying to prevent cancer, nerve disease and other disorders from their exposure 51 ------- TR1 DATA USE AND POLLUTION PREVENTION to methylene chloride, perchlorethylene and other chemicals in the production of circuit boards for autos, appliances and many other industries. Until 1989, we tried to force the Sheldahl Co. to reduce the workers' expo- sure to these solvents, with only limited success. OSHA's standards were ridiculous- ly high, and the health risks were not going to show up for years or decades. In 1985, after methylene chloride killed the requisite number of rats and mice in animal tests, the company continued to rely on the chemical industry's phony reassurances that the stuff was not so bad. Even after our members at the Hoechst-Celanese Co. plant in South Carolina showed an 8-fold increase in the rate of death from liver cancer, the company and its suppliers stuck to the Big Lie. But when the 1988 TRI data first made the headlines in 1989, things changed rapid- ly. Sheldahl was listed first in Minnesota for cancer-causing emissions 400 tons/year. The data shocked the workers, as they had no idea of the amount of methylene chloride used, much less the extent of the pollution problem outside the plant. The other members of the community town residents, employees of two colleges and farmers began complaining. Some people blamed the union. They said that the union had been covering up the fact that cancer-causing materials were used in the plant. The local union responded that if anyone in the town had been concerned about the serious hazards the chemicals posed, they could have discovered many of the same things the union already knew. Eventually, most agreed that more commu- nication and education was needed, and that the one party doing the least talking and sharing the least information was the com- pany and its suppliers. So the company moved fast. Within a month, it proposed a plan to eliminate 80% of the usage of the chemical within 18 months, all the while never admitting to the magnitude of the cancer risk to the workers. For some people in the community, that was not enough. "We want the plant shut down now," a few people shouted. These few showed no apparent concern for the welfare of 1,200 company employees and their facilities who had no other options when it came to looking for comparable jobs with decent pay and health insurance. Other people were rightfully worried wheth- er the state air pollution agency would really force the company to stick to the schedule. But our local officers were not confused or unclear about what was at stake. They knew that three things were necessary: 1. They had to defend their jobs, which the company wanted to subcontract to either a non-union plant in South Dakota where unions barely exist, or to other companies. And the local was not prepared to rely on the Minnesota Air Pollution Control Agency to take 18 months to decide on a new per- mit, by then the jobs could have moved to South Dakota. 2. They had to force the company to live up to its pollution prevention plan in order to protect their own lives from the cancer risk, a risk which was hundreds of times higher than that suffered by community residents. They also needed the emissions stopped because many of them and their families lived in the two trailer parks and the apartment house right next to the plant. 3. They needed the community's sup- port to do these things. So they did what good trade unionists do when their backs are against the wall they stuck together and threatened to strike unless the company put its pollution preven- tion plan into the union contract And by putting their livelihoods and those of their families on the line, they believed that the community, or at least major parts of it, would support them, and that the company would fear this. 52 ------- TRI DATA USE AND POLLUTION PREVENTION I am happy to report that their strategy worked in 1989. They got the contract language which forced the company to commit its capital investment funds to pollution prevention and toxic use reduc- tion, and to actively consult with the local union and the community on the progress of this effort. In April 1991, the state agency finally ap- proved the plan. In October 1991, the next union contract was renewed with a new toxic use reduction commitment. The use of methylene chloride had already been re- duced by 60%, and an additional reduction of 38 tons/year is slated for 1995. However, the plan is already ahead of schedule with the current emissions presently at 36 tons. Final elimination of methylene chloride is likely because of the drop-off in military orders, the customer most resistant to prod- uct changes lacking methylene chloride. The union contract also prohibits substitution with other cancer-causing solvents in the interim. The best news is that the company is actually switching to water-based sol- vents, which are flammable but can be controlled with proper fire-prevention and limited on-site storage. So knowledge alone is very useful, but by itself is only the beginning. In the case of TRI, industry has cleverly anticipated the effects of their forced release of this informa- tion, and acted to protect their remaining and substantial power. "You can trust us," they say. "We tell you the truth about chemical hazards, so you know we are committed to preventing pollution." As if they ever volunteered this information without the law requiring them to do so. So what are we really talking about today? It is democracy plain and simple. And this country needs a big dose of it, especially in the industrial sector where there are few democratic structures today, other than a diminishing trade union move- ment under constant attack. We need effective organizations both in the workplace and in the community which represent the rights of working people to safe jobs, decent wages, a real national health care program, and a real commitment to pollution prevention and toxic use reduc- tion. Working class people are now making this demand loud and clear. Just ask the voters of Pennsylvania. And unless we build those organizations quickly, we will end up with something else to fill the de- mand. We have had a bitter taste of the alternative recently here in Louisiana. Here comes David Duke, the man who talks about environmental protection and protect- ing people's jobs from the Mexico Free Trade Agreement. He fools lots of people into thinking he really gives a damn about their problems. Yes, he preaches racism and anti-Semitism as well, but that did not help him really win all those votes. Across the river, in Mississippi, Kirk Fordyce actually won the governor's race with less blatant rhetoric, and there are plenty more around the country where he came from. The com- mon people are in a rage. In its 1988 poll, EPA found that worker exposure to toxic chemicals was rated a "very serious" environmental problem more often than almost all other environmental hazards (see page 57). Both working class people and those with higher incomes have understood the link between toxic exposures on the job and across the fenceline (see page 58). Many people within EPA, the media, and elsewhere have tried to minimize the value of these popular opinions. We all know better. Environmental activists know that toxic chemicals on the job are some of the most serious toxic haz- ards. Even the EPA Science Advisory Board has admitted that among the high-priority risks to human health, worker exposure to toxics deserves EPA's closest attention. We all know that the existing TRI has loopholes big enough to sail the Exxon 53 ------- TRI DATA USE AND POLLUTION PREVENTION Valdez through. We all realize that real pollution prevention and toxic use reduction means more than simply requiring better reporting of emissions and even chemical usage by more facilities. That understanding obviously underlies the "Community Right-to-Know More Act of 1991." We need this law not only because it fills the major reporting loopholes in the current TRI, but also because it forces indus- try to directly establish pollution prevention plans. We need it to give people in the community and workers some real "say-so" in the form of company/worker/community committees to directly oversee these plans and their implementation. This "collective direct-action" model is, I believe, a novel concept for the environmen- tal movement. But it is a model which union members know well. If local union officers can do anything, they can establish a committee which regularly meets with management and daily defends workers' interests from the abuses of extremely powerful, profit- hungry corporations. We do not always win. hi fact, today we are fighting for survival against a legal framework, which looks like the state of environmental laws in the 1960s or before. But we win often enough to know how not to get taken by companies talking a good game. We know how to help poor and working people represent themselves in a democratic fashion. The Community Right-to-Know More Act is a good start. In addition to expand- ing reporting requirements, it requires the establishment of a tripartite work- er/community/management Toxic Use Reduction Committee to force industry to actually stop polluting. Our members in Minnesota understood the need for this from day one, and so did the members of OCAW local 4-620 at the BASF plant up the river in Geismar. They fought for 4 years to defend their union, and in the process sparked a revitalization of the grassroots environmen- tal movement in Louisiana which is still shaking the foundations of corporate power from New Orleans to Lake Charles. That is democracy, the kind that Bush talks about for workers in a few countries in Europe. That is the kind of power-sharing at the grassroots which the TRI can feed and nourish. And it is missing from most work- places in America today. That is why the trade union movement has taken the first new step in workplace democracy and job safety in two decades. It is called OSHA Reform (HR 3160; S. 1622), and it was introduced on August 1, 1991, three weeks after the Community Right-to- Know More Act. And the two bills have much in common. OSHA Reform does many things to strengthen OSHA's standards and enforce- ment. It forces employers to establish safety and health programs, similar to the Toxic Use Reduction Programs required under Title of the Community RTK More Act (see page 59). But the centerpiece of the whole bill is the mandate for employers with 11 or more workers to establish joint labor-man- agement Safety and Health Committees (see page 60). The bill also spells out the right of work- ers to designate their own representatives on these committees, to prevent employer dom- ination of the committees, and imposes strict prohibitions against on-the-job discrimina- tion for any safety activities. And what about the non-union work- places? In this situation, which is still the majority of all workplaces, the boss would have to allow the workers to elect their own representatives in a "free and fair election" democracy plain and simple, right on the job, to deal with health and safety. With greater force than the Right-to- Know More bill, OSHA Reform specifies and 54 ------- TRI DATA USE AND POLLUTION PREVENTION protects the rights of committee members to investigate workplace conditions and man- agement records (see page 61). OSHA Reform also mandates extensive training for workers and the committee members themselves (see page 62). In addition, OSHA Reform will greatly expand the database on toxic exposures within the workplace (see page 63). Finally, OSHA Reform will open up in- dustries' files, and those of its medical con- sultants, on the epidemic of occupational disease throughout our country, and serious- ly involve the independent medical commu- nity in creating the first National Surveil- lance Program for occupational injuries and diseases (see page 64). This will have enor- mous implications for improving the recog- nition of environmentally-related diseases as well. For instance, in the area of lead poison- ing, the numbers are truly frightening. Looking at just New York City one of the few places which has a reputable lead dis- ease reporting system, we see preliminary 1991 data indicating 625 cases of childhood lead poisoning, out of an estimated 385,000 children screened. However, without any formal screening, there were nearly 500 cases reported in adults. What are the comparable figures nationally? We have a right to know this, too, and it is time for industry, the medical profession, and federal and state health departments to get this information by any means necessary, and to make it public. This includes the Associa- tion of State and Territorial Health Officers, a sponsor of this conference, which has direct responsibility for both the success and the failure of such reporting systems. We have witnessed in the last few years the worst tragedies in the twenty-year histo- ry of OSHA's existence. As with the explo- sion which killed 23 workers at Phillips Petroleum in Houston two years ago, these have included dozens of worker fatalities from the multiple explosions throughout the chemical industry in the Texas, Louisiana and the Southeast, states with the weakest unions, often involving some of the most exploited workers many but by no means exclusively people of color. These tragedies have now culminated into the most horrible of all the outra- geous murder of the 25 defenseless, unorga- nized workers at the Imperial Foods chicken processing plant in North Carolina last September 3. The abuse of these workers was unusual only in that it happened to so many so quickly. In fact, more than twenty-five American workers are killed in so-called accidents every single day, or about 10,000 a year. An additional 50,000-100,000 die from occupational diseases, many due to toxic chemical exposure. That is a Vietnam war every six months. Unfortunately, we do not really know how many are actually killed. As you may know, most illnesses and even some deaths and injuries from occupational and environ- mental factors are rarely reported or investi- gated by medical or public authorities in the United Sates. What about lead poisoning? And how about silicosis, or occupational deafness, or carpal tunnel syndrome? All of these are widespread, affecting literally millions of workers each year. Diseases such as lead poisoning also threaten millions of other as well, including children. The federal health authorities are failing to keep track of these at the national level, in part because so many states are refusing to lift a ringer to force the medical establishment to recognize environmental and occupational disease. Imagine, if you can, the effect of a national reporting requirement for lead poisoning. In the area of injuries, we have a national database, but only on a sample of selected employers. And no employers have to report their injury data to OSHA directly. 55 ------- TRI DATA USE AND POLLUTION PREVENTION OSHA Reform will change all that. So I appeal to those of you who are obviously committed to protecting our environment to support OSHA Reform as well. Join with the AFL-CIO, the American Public Health Association, the American Lung Association, leading toxicologists and industrial hygienists who recognize the vital importance of this bill. Talk to your col- leagues indeed, even to our department directors, governors and leading state legis- lators. In our on-going struggle to block the lunacy of an ill-conceived North American Free Trade Agreement, we have all learned that environmental activists and the labor movement have much to gain by cooperat- ing. Let us apply the same principle to the hazards of toxic chemical exposures and occupational injury and disease here at home. 56 ------- 1988 EPA POLL OF PUBLIC CONCERNS OF "VERY SERIOUS" ENVIRONMENTAL HAZARDS % PUBLIC: HAZARD "VERY SERIOUS" 1. Active hazardous waste sites 62 2. Inactive hazardous waste sites 61 3. Worker exposure to toxic chemicals 60 4. Industrial water pollution 58 5. Nuclear accident radiation 58 6. Radioactive waste 58 7. Underground storage tank leakage 55 8. Pesticide harm to farmers 54 9. Pesticide residues harming consumers 52 10. Industrial accident pollution 51 ------- 1988 EPA POLL PEOPLE INDICATING "WORKER EXPOSURE TO TOXIC CHEMICALS" AS "VERY SERIOUS ENVIRONMENTAL PROBLEM" GROUP % OF GROUP POLLED ALL POLLED 60 AGE 18-29 68 30-44 59 45-59 54 60 + 51 FAMILY INCOME LESS THAN $15,000 64 $15-25,000 66 $25 - 35,000 58 $35,000 + 61 OCCUPATION EXEC 51 WHITE-COLLAR 60 BLUE-COLLAR 62 HOMEMAKER 72 UNION INFLUENCE? - ONLY 9% OF TOTAL WERE UNION MEMBERS - AMONG ALL POLLED, 52% STATED THAT "UNIONS HAVE TOO MUCH INFLUENCE" (HIGHER THAN FOR BUSINESS [44%] OR ANY OTHER INTEREST GROUP) ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES ESTABLISHING PROGRAMS ON WORKPLACE SAFETY AND TOXIC USE REDUCTION OSHA REFORM PROVISION [Section #] COMM RTK MORE ESTABLISH PROGRAM YES [101] YES Workplace safety HAZARD ID & CONTROL YES N/A INJURY/ILLNESS INVESTIG. YES N/A HEALTH SERVICES YES N/A WORKER PARTIC. YES YES WORKER TRAINING YES NO Toxic Use Reduction Plan MGMT POLICY NO YES TUR GOALS NO YES EVAL OPTIONS YES* YES SCHEDULE YES* YES EFFECTS ON WORKERS YES YES * Substitution or use reduction is often required by OSHA regulations on worker exposure to toxics. source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES ESTABLISHING JOINT COMMITTEES PROVISION COVERAGE JOINT COMMIT. WHEN CREATE? # WKR REPS # COMP. REPS # COMMUN. OSHA REFORM [Section #] ALL EMPLOYERS [301-4] EMPLOYERS WITH 11+ WKRS[201] MANDATORY 1-6 (depending on # of workers) SAME REPS NONE HOW SELECT REPS? UNION OR SECRET ELECTION PROTECTION FROM DISCRIM. PAY FOR TIME ON COMM. ACTIVITIES WORKER REPS COMMUNITY REPS YES [601] YES [201] NO EMPLOYER PROVISION OF MAT'LS. & FACILITIES YES [201] CQMM RTK MORE ONLY EMPLOYERS WITH10+WKRS EMPLOYERS WITH 50+ WRKRS UPON PETITION 3 3 NO RULES NO NO NO NO source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES PROVISION DEVELOP: OSH PROGRAM "TUR" PLAN REVIEW PROGRAM MEET QUARTERLY RIGHTS OF JOINT COMMITTEES OSHA REFORM [Section #] YES [101] N/A YES [101] AT LEAST [201] MAKE INSPECTIONS AT LEAST QTLY [201 ] INVESTIGATE HAZARDS COMPLAINTS INJURIES ILLNESSES FATALITIES [201] YES YES YES YES INTERVIEW WORKERS YES [201 ] OBSERVE MONITORING OF TOXIC EXPOSURES YES [201 ] RECOMMEND TO MGMT. YES [201] DISSENTING VIEWS YES RECOMMEND TO GOVT. NO ACCOMPANY GOVT. INSPECTORS YES [201] CQMM RTK MORE N/A NO* YES YES NO NO N/A N/A NO NO YES NO YES NO * "Owner shall involve a spectrum qf employees ... in preparing plan" source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES TRAINING WORKER / COMMUNITY REPS ON JOINT COMMITTEES OSHA REFORM PROVISION [All Section 1011 COMM RTK MQRc ESTABLISH OVERALL TRAINING PROGRAM FOR ALL WORKERS YES NO ESTABLISH TRAINING FOR WRKR/COMM REPS YES NO ANNUAL TRAINING YES NO MORE TRAINING IF CONDITIONS CHANGE YES NO NEW LAWS/REGS YES NO WRKR/COMM REPS ROLE IN DESIGNING TRAINING YES NO PAY FOR TRAINING TIME YES NO source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES DATA SYSTEMS FOR TOXIC EXPOSURES OSHA REFORM PROVISION * [Section #1 OOMMRTKMORE PREPARE REPORT ON USAGE & PROCESSING OF TOXICS: "EXPOSURE ASSESSMENT" YES [406] N/A "TOXIC USE RDCTN. DATA" N/A YES MONITORING HUMAN TOXIC EXPOSURES IN-PLANT YES[406] NO "FENCELINE" NO NO PROVIDE TEST RESULTS TO JOINT COMMITTEE YES [201/406] NO REPORT TOXICS DATA TO EPA LABOR DEPT. AND/OR NIOSH TOXIC RELEASES NO YES HUMAN TOXIC EXPOSURE YES [801] NO TOXIC USAGE NO YES PUBLIC ACCESS YES [801/803] YES EMPOWERS STATE AGENCIES YES [905/1001 ] YES source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- CLOSING THE LOOPHOLES AND EMPOWERING WORKERS AND COMMUNITIES DATA SYSTEMS FOR OCCUPATIONAL/ENVIRONMENTAL INJURIES AND ILLNESSES OSHA REFORM PROVISION* FSection #1 OQMMRrKMQRP IDENTIFY ILLNESSES FROM TOXIC EXPOSURES YES [403/406 NO 801/802/805] REPORT HEALTH EFFECTS TO LABOR DEPT. AND/OR NIOSH INJURIES YES [903] NO ILLNESSES YES [801/905] NO PHYSICIAN REPORTING OF ILLNESSES/INJURIES YES [905] NO PUBLIC ACCESS YES [801/803/905] N/A EMPOWERS STATE AGENCIES YES [905/1001] N/A * most Junctions carried out by employers or their physicians source: Dept. of Health and Safety, Amalgamated Clothing and Textile Workers Union, 1/15/92 ------- TRI DATA USE AND POLLUTION PRE\ Mark Schleifstein Mr. Schleifstein is an environmental reporter for the Times Picayune in New Orleans. He has reported on environment issues for 12 years. This year he and James O'Bum, now assistant metro editor for special projects at the Times-Picayune, completed an 18 month investigation entitled "Louisiana in Peril," which culminated in the publication of four series on the environment. The four series, which filled nearly 56 open pages, examined environmental impacts of the state's chemical industry, hazardous waste dispos- al, coastal wetlands loss and water pollution. Mr. Schleifstein joined the Times-Picayune in 1984 after working five years as a reporter and assistant city editor at the Jackson, Mississippi Clarion Ledger. In 1980, he won the Edward J. Meeman and Women in Communications, Inc. awards for environmental reporting for a 36 page special entitled "Empire of Waste" for the Clarion Ledger. That report detailed hazardous waste abuses of Browning - Ferris indus- tries. Mr. Schleifstein worked as a general assign- ment reporter at the Norfolk, Virginia Virginian Pilot from 1976 to 1979. Sitting here, I made notes of things that I wanted to say before I got into my talk. First of all, I was trying to think about wrten I first came across the idea of "Right-to- Know." And I guess my earliest experience with what I believe to be a "Right-to-Know" issue involving chemicals happened when I was working in the summers during high school and college at a small company in Miami that made heart pacemakers and cardiac catheters. One summer I was work- ing as a mail clerk driving between 15 or 16 individual little plants, within this corpora- tion. They were in the midst of a major expansion and had not moved into a real building yet. One day the lab asked me to bring a bottle of something over to another facility. About halfway through Miami, I started getting sleepy and I finally pulled the car over to the side of the road and got out to grab a breath of fresh air. 1 looked in the back and there was this bottle of stuff with the lid open and I looked on the label and it said ether. I went back to the lab after screwing the top back on the bottle and screamed and yelled and said, "You should have told what was in that bottle." And I think that was one of my first expei with right-to-know. Another summer and I was working at the same company making cardiac catheters. Part of this process was you had to pull pieces of wire that were covered with plastic material through different materials. One of the things that you had to do was send it through a wire wrapping process. But before the wire-wrapped material would be coated with another plastic coating, the wire had to be cleaned. This whole thing had to be cleaned in a vat of methyl ethyl ketone. It was open vat so my hands were in meth- yl ethyl ketone all day long with no protec- tion. It was only years later that I thought, "Maybe I ought to know a little bit more about what I am doing." Anyway, just some thoughts about that. Secondly, I personally believe that the Emergency Planning and Community Right- to-Know Act is a misnomer. It actually should be "the Emergency Planning and Community Right-to-Know if You Can Afford It and if You Know Where to Get It Act." An example of that is in your own packet where the little data sheet from the National Library of Medicine is. And it reads: TRI is a component file of NLMs, Toxnet System. On-line/off-line printing of entire specific portions of records is avail- able, as are a variety of customized print options, special allow sorting and numerical manipulation of data. Cost: $30 to $37 an hour. Well, that is not including the cost of the PC that you need to hook on or the modem or the telephone time or anything else. And most people, Mr. and Mrs. Joe Smith out there, do not have that material and do not know where to go to get in any- way. They have never heard of Toxnet. So, instead of spending this $30 to $37 an hour, they rely on the 35 cent Times-Picayune to get some of that information. So we spend that money, or actually we spent a heck of a lot more of it putting together this series. Thirdly, there is the question of what TRI does and how it has revolutionized both the 65 ------- TRI DATA USE AND POLLUTION PREVENTION public awareness of chemicals, the news- paper industry's awareness of chemicals, the state agency's awareness of chemicals and the industry itself. TRI has forced states and the industries and everybody else to provide this data in one form or another in a rather regulated fashion. The information is there, it is avail- able. If you know where to get it, like I said. It is generally in some computer database somewhere. But what is not there are records on the historical aspects of the corporation, past accidents, dumps, what is in those dumps, prior disposal habits, things like that. Where those records are in Louisiana are in voluminous files that are in the DEQ offices. In putting together this series that we spent about two weeks just going through the groundwater division files. Page after page of information, just on groundwater prob- lems of individual facilities. We looked at 17 different chemical plants in the state. It took us about two weeks to go through those files 8:30 to 5:30 every day. And, at that point in time, Governor Roemer was in office, and we had no problems at all getting the files. I am not quite sure what it will be tomorrow. The interesting aspect, though, was one day we were sitting there flipping through these files, taking notes, marking things to be copied for later use. The head of the division came and he looked at us and said, "You know, we have got to do that some- day." And that also says a lot about Right- to-Know. If the agencies themselves do not know what their own files have inside them, what is the public supposed to know. Finally, as you can tell, for those of you in the audience who work for an industry, I am probably, at times, your worst night- mare. Because I can do things like spend 15 to 18 months putting together four series on the chemical industry and other environ- mental problems in the state and I can get your picture, the picture of your industry on the front page. Like this, this is actually, I know you cannot see this picture, but this obelisk-shaped thing in the middle is the building that Huey Long built, it is the state capitol and behind it all that smoke and haze is coming from Exxon's refinery, which is a huge facility. I guess it is the fifth larg- est refinery in the nation. It is a great picture, it really did say a lot about what our problems are in Louisiana. We put on top of that a little score card, which shows that we are first in toxic sur- face water discharges. I should say, these are 1988 numbers. Second in toxic ground- water injection, second in discharges of carcinogens, second importing hazardous wastes. In our case it does largely go to hazardous waste landfills. Second in overall discharge of toxins. Fourth in toxic air discharges. Forty-fifth in our residents general health quality and forty-eighth, at that time, in state environmental programs. Anyway, as you can see, we have some problems. Louisiana Cajuns have a saying - laissez les bon temps roulez - let the good times roll. The economic good times rolled for nearly half a century, fueled by the state's abundant oil and gas supplies, its petro- chemical industry and access to the Missis- sippi River. But Louisiana's environment has paid a rather drastic toll. Now, with the oil boom gone bust, the state has faced a continuous budget crunch and the worst environmental problems potentially in the nation. In 1990, we embarked on our 15 month investigation of our ecological problems. Myself and my partner, James O'Byrne, examined the repeated blows that we be- lieve were dealt to the state's air, land, water through decades of abuse and neglect. The result was our series, which we called "Loui- siana in Peril." We looked at four different sections, actually, four different areas. We looked at the chemical industry itself, which we tried to define in terms that nobody had before. Nobody had taken a basic look at 66 ------- TRI DATA USE AND POLLUTION PREVENTION the industry and what it meant to Louisiana, both in terms of the jobs that it produces, the revenue that it brings to the state and also in its environmental hazards. We also looked at our state's hazardous waste pro- gram. The fact that we have, at last count, 660 abandoned hazardous waste sites across the state. There are more out there, they do not have the staff to find them. We looked at our wetlands. The state has one of the largest coastal wetlands in the United States, about 40 percent of the nation's wetlands are here. And we are losing somewhere up- wards of 30 square miles of wetlands a year. And finally, we looked at Lake Pontchap- train, which is the other way from here, away from the Mississippi River, and why nobody can swim along its edges and what its problems are. Interestingly enough, TRI data was very little help to us in defining that problem because most of the problems, the public does not recognize this and different polls have shown that. They believe that the chemical industry causes the pollution in the lake, but the reality is that the people cause the pollution in the lake. It is basically com- ing from urban run-off on this side, and on the north shore of the lake the pollution is coming from cattle farms and individual septic tank systems that are just in disrepair. Louisiana discharges more chemicals into its environment than any state except Texas. The state is a national leader in importing hazardous waste from other states. The state leads the nation in toxic discharges to water. The state's coastal wetlands are nurseries for 40 % of the nation's commer- cial seafood catch, which is why our series on erosion was so important. A key feature of the project was an easy- to-read map. At least we think it was easy to read. We wanted to show the people in the New Orleans area what pollutes them. We put together this map and accompany- ing chart that shows what each zip code's pollutants are. And for instance, for 70094, which is Waggamen and Bridge City, we find that the top chemicals disposed or otherwise emitted from that area are sulfuric acid, 82 million pounds, ammonium sulfate, 64 million pounds, acetonitrile, 11 million pounds, acrylic acid, 7 million pounds and methanol almost 5 million pounds. The top facilities are American Cyanamid, which you have heard about earlier today, Avondale Industries, which is a major shipyard, and Gulf States Asphalt Company, which has a very small amount. We point out that at American Cyanamid, what we call a hot spot, acetonitrile, we explain that they dis- charge more than 11 million pounds in an underground injection well and that it is a suspected carcinogen, and some other bit of information that we know about it. We also provided, much to the chagrin of a number of local industries, a series of questions that people might ask of both their local government and company officials about what people are discharging in their neighborhoods. That chart took a long time to prepare. And one of the problems was that the TRI data, although readily available, was not readily understandable. We actu- ally had to write a program to bring that information into some form that we could use at the time. I understand that there are now programs available to the public that do similar things to what we were doing, but we were looking at specifics for zip codes, we were looking at specifics for certain segments of rivers. It took a lot of time to do. The TRI data, as others have said today, on Toxnet, is not user-friendly, even though they say it is. It is not in a form that reporters are able to use on a day to day basis. Basically, when I try to use TRI data, I end up going to an indus- try source, ironically. The Louisiana Chemi- cal Association provides a series of tables of their industries with the individual data points in a very easily readable fashion. And today that is what I use. That informa- tion was not available in the way that we needed it for the series, so we had to put together a variety of methods for pulling that together. 67 ------- TRI DATA USE AND POLLUTION PREVENTION I do not know where else to go from here, other than to say that the biggest problem that I see with TRI data is assump- tion. Especially in terms of what you all out there in the audience assume that we in the public and at the reporting end of things will be able to do with that data. We were able to do what we did because we could throw a heck of a lot of money at it. Local newspapers, small mom and pop operations, are not going to be able to do that The data are just in a form that is not usable very easily. In addition, it does not include the things that we really need to do to make a real story out of some of these questions. In addition to knowing what a chemical plant emits, we want to know the rest of the story. We want to know if workers have been injured, we want to know if there is a histo- ry of releases. We want to know if there is a past history of disposal of these same chemicals that might be a danger to the public. And that information should be available in the same area, the same place, where we can find it. And if there are moves to be made to expand the TRI data- base, those are the areas where I would suggest that we go. We need to get the state agencies involved in putting their information on computer so that it is avail- able very easily to the public and to the press in a format that we can make sense of it, and place these numbers into a context where they are usable and understandable. Thank you. 68 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK SESSIONS Track I: Use of the New TRI Pollution Prevention Data Jim Craig, U.S. EPA, Office of Pollution Prevention and Toxics - Pollution Prevention Division Track II: The Role of TRI in the State Programs Lee Tischler, Executive Director, Minnesota Emergency Response Commission Steve Hanna, California EPA - Environmental Information Division Track III: Enforcement and Multimedia Permitting Dennis Wesolowski, U.S. EPA - Region V Track IV: Promoting Use of TRI Data Linda Travers, U.S. EPA, Office of Pollution Prevention and Toxics - Information Management Division 69 ------- TRJ DATA USE AND POLLUTION PREVENTION TRACK I - USE OF TRI AND POLLUTION PREVENTION DATA The objective of this session was to improve understanding of pollution prevention data to be added to TRI in the 1991 reporting year. The session described the new data and presented several individual facility case studies. The focus was on potential uses of the new data and how the data may be used to enhance current TRI data or to encourage pollu- tion prevention. A wide range of panelists participated in this track, resulting in a thorough and wide range of opinions presented. Track Leader and Coordinator: Jim Craig, U.S. EPA, Office of Pollution Prevention & Toxics Track facilitator: John Warren, Program Director, Research Triangle Institute Panelists: David Allen, UCLA, Department of Chemical Engineering Tom English, Director, Environmental Programs, Santa Clara County Manufacturing Group Ken Geiser, Director, Toxic Use Reduction Institute, UMASS-Lowell Hfflel Grey, National Environmental Law Center Sharon Johnson, Environmental Chemist, NC Office of Waste Management Kevin McDonald, Senior Environmental Planner, MN Office of Waste Management Fred Moore, Union Carbide Steve Ross, Columbia School of Journalism Mark Schleifstein, Reporter, New Orleans Times-Picayune Ted Smith, Silicon Valley Toxics Coalition 71 ------- TRI DATA USE AND POLLUTION PREVENTION Introduction A case study for a hypothetical city of 150,000 people was created which had three TRI reporters: a fertilizer company, a paint formulator, and a furniture laminating company. Data were created for those facilities, and the panelists discussed what they would do with the data, followed by comments and suggestions from the audi- ence. In this session, five topics were discussed at great length: 1) new data elements; 2) specific uses; 3) conclusions about the pollu- tion prevention data elements; 4) limitations of the data, and 5) suggestions for future EPA policies. New Data Elements For the 1991 reporting year, new TRI data elements will be required. The new requirements focus on pollution prevention (source reduction) efforts. The changes will allow assessment of source reduction activi- ties and the resulting impact on waste and release quantity. The major new data re- quirements include: Quantity of chemicals entering waste (or otherwise released) to the envi- ronment and quantity recycled on- site and off-site - Current and prior year quantity and estimates of quan- tity expected in the next and follow- ing year. Quantity treated on-site and off-site - Current snd prior year quantity Changes in estimation procedures, accounting methods, measurement protocols, and other methods used to develop quaantity information. Desription of source reduction activities implemented in the reporting year, tech- niques used to identify source reduction opportunities, and the effect of the activities. Specific Uses for the Data The speakers discussed several uses of the new TRI data elements. Below is a brief summary: Develop case studies of facilities that have implemented successful source reduction programs, so that facilities that need assistance can determine how to implement similar programs. Identify facilities that are either lead- ers or laggards, to provide an under- standing of what is required to re- duce releases and to encourage fur- ther reductions. The data can be combined with exist- ing data to assess risks and expo- sures. Comparisons can be made within a plant, or with other plants within an industry. Conclusions about the New Pollution Prevention Data The speakers outlined the new roles for TRI and pollution prevention data: The data provides a starting point for cooperation between industry, public interest groups, and government groups. The data can drive voluntary pollu- tion prevention by indicating where progress is occurring and highlight- ing public facilities that are "good" facilities. The data can reinforce the environ- mental protection hierarchy: source reduction first, followed by recycling, and disposal as a last resort. Limitations of the Data Although the data provide useful infor- mation, there are still gaps. Therefore, the 73 ------- TRI DATA USE AND POLLUTION PREVENTION data cannot be substituted for interaction with industry. Summarizing what the track participants felt were the limitations of the data: The data are inconclusive about how "safe" a plant is7 they do not provide a complete understanding or evalu- ation of source reduction progress, they do not assess worker exposure, and they do not always provide suffi- cient information to eliminate the effects of production changes and other confounding factors. Suggestions for Future EPA Policies The participants overwhelmingly agreed that in order to enhance the credibility and viability of TRI data, EPA should consider the following improvements: Decrease the lag time between when data are submitted and when they becomes available to the public - By the time a TRI user completes their analysis, an industry group may have the next year's data available. Release consistent data over time - Trend data is important in order to convince industry management that releases must be reduced. If the baseline jumps around from one year to the next because of changes made to TRI, it is going to be much less powerful. Provide additional guidance and defi- nitions in filling out Form R - Also, look for information to add and/or remove from the form. Possibilities include: materials accounting, facility size indication, compliance history, and commitments towards clean-ups and release reductions. All groups and players should investi- gate ways to link TRI to other sources of data (i.e., EPA databases for the air, water, and hazardous waste programs, Census of Manufacturers). Clearly, there is a need to push for continuous improvement, not just in implementing pollution prevention re- porting by industry, but in streamlining the reporting and encouraging progress by all the players involved. There was consensus that TRI is not the last word on industry activities, it is only a starting point for industry interaction with EPA, states, media, public interest groups, academia, etc. TRI should be looked at as a compliance system with movement towards using the inventory as a tool for learning. 74 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK I - PANELIST PRESENTATION SUMMARIES 75 ------- TRI DATA USE AND POLLUTION PREVENTION Dr. Tom English Santa Clara County Manufacturing Group The Santa Clara County Manufacturing Group (SCCMG) and twenty-five of its member companies conducted a study to determine the progress that member com- panies have made in managing chemical releases, and to support the public educa- tion objectives of SARA Title III. In the 1987 base year, these twenty-five compa- nies accounted for 71 % of the TRI releases for Santa Clara County. Hence, they con- stitute a significant sampling of Silicon Valley's industrial environmental releases. The SARA III data shows a remarkable decrease in the weight of TRI chemicals re- leased. A decrease of 74% or 4.3 million pounds occurred between 1987 and 1990. In order to provide a sense of perspective on these reductions, a comparison of the percentage reductions accomplished by 1989 by the United States, the state of California, and SCCMG follows: USA California SCCMG 18.7% 26.5% 62.0% SCCMG's pace of reduction of TRI releases has not slackened since a reduc- tion of 1.0 million pounds (40%) occurred in 1990. Trends for reduction of TRI che- micals released are shown in the figure below. Air releases have decreased by 2.5 million pounds (68%) since 1987. A reduc- tion of 890,000 (43.1%) occurred in 1990. 1.5 million pounds (59.4%) came from decreases in Freon 113 releases. Other ma- jor components of this air release reduction are due to trichloroethane (14.7%), hydro- chloric acid (10.2%) and dichloromethane (5.6%). POTW chemical releases have decreas- ed by 443,000 pounds or 75% since 1987. Most of this is due to the reduction of sulfuric acid by 218,000 pounds, and hy- drochloric acid 130,000 pounds. A reduc- tion of POTW chemical releases of 41,000 pounds (21.6%) occurred during 1990. Offsite chemical shipments were reduced by 1.3 million pound which is an 88% reduction since 1987. A reduction of 494,- 000 pounds (37.4%) came from acetone, and 174,000 pounds (13%) came from tri- chloroethane. A reduction of offsite chem- ical shipments of 76,000 pounds (28.8%) occurred in 1990. A detailed examination of the TRI data shows a broadscale effort to dramatically reduce releases of most TRI chemicals. For example, releases of twenty-seven chemi- cals have been reduced by more than 40%, while releases have increased for only six chemicals. These reductions are not due to the efforts of only a few companies. This effort has been widespread among mem- ber companies. For example, nineteen companies have decreased their TRI releas- es by more than 40%, while only four companies increased their releases because of starting new production lines. Overall these twenty-five companies have accom- plished TRI reductions of 74%. These reductions in TRI releases were accomplished by: Modifying processes to reduce chemicals purchased; Recycling chemicals that are used; Implementing alternative processes to eliminate use of specific chemi- cals; and Substituting a less hazardous chem- ical in the process. SCCMG conducts an annual press conference to share the TRI reductions with the public. Since the total releases for each company are shown at the confer- ence, the companies compete with each 77 ------- TRI DATA USE AND POLLUTION PREVENTION other to show reductions. This competi- tion has significantly contributed to these impressive reductions. This study demonstrates significant accomplishments of local industry in vol- untarily reducing the releases of TRI chem- icals to our environment. These reductions were accomplished while maintaining economic growth in Silicon Valley. Manu- facturing, as well as hundreds of other activities in our society, will always re- quire the use of chemicals. These chemi- cals must be used safely, and the public needs to understand the potential and the relative risk of chemical use. It makes good business sense to ensure the health and safety of its employees, the communi- ty and our environment by controlling and practically reducing chemical releases. Ken Geiser Toxics Use Reduction Institute, Massachusetts In five short years the Toxics Release Inventory (TRI) has proved the valuable role public information can play as a pro- moter of environmental protection. Thou- sands of national firms now report on their environmental releases. Each year the very act of reporting appears to play a large role in encouraging industrial man- agers to seek new technologies and practic- es that will reduce the numbers they re- lease the next year. The new emphasis placed on reporting pollution prevention data offers increased incentives to reduce the volume of chemicals released to the environment. We can be proud of these accomplish- ments. Yet, we cannot rest satisfied. In several ways the new TRI reporting form "Form R" provides new data that can help us all to understand and track changes in industrial practices. Be- ginning next year we will have data on off-site recycling, on-site recycling, on-site treatment and the volume of all chemicals released as "wastes". Not only will this close information loopholes and add to our knowledge of what is going where, this will also more closely approximate a com- prehensive output record on each report- ing facility. (A complete output record would require reporting the amount of chemical released as facility products as well.) Still, a release record on each facility can only tell us about one stage in the life cycle of a toxic or hazardous chemical the facility release stage. In order to ade- quately measure, track and promote pollu- tion prevention or toxics use reduction we need additional data on chemical inputs and chemical uses in industrial facilities. Let me illustrate by turning to the case study provided for this panel. Three Pleasantville firms have reported their TRI data and the question is how useful is this data for promoting the state's new Toxics Use Reduction program? Let us just examine one of the facilities: Great Paints. This is a paint formulator with six reportable chemical releases: chromium, zinc, lead, formaldehyde, ethyl- benzene and MEK. From the release data, we can see that the facility is reducing its lead releases and, somewhat, increasing its zinc releases. Source reduction programs are reported for both chromium and lead. This tells us that lead is being replaced by zinc. The reduction in lead release is re- ported as pollution prevention. From the codes, we can see what techniques are being used to accomplish this reduction. Yet, there are limits to this data. Sub- stituting the metals in the pigments is only one form of toxics use reduction. Little is revealed about the formaldehyde in the resins or the solvents. Are there non-mela- mine resins that do not require formalde- hyde? Are the solvents used as carriers in the product or cleaning agents? A move 78 ------- TRI DATA USE AND POLLUTION PREVENTION from solvent-borne to latex paints could reform the product so as to reduce the solvents. This could also permit aqueous- based cleaning to replace solvent cleaning and further reduce tine solvents. Because the reportings do not cover the product or the chemical inputs, these ideas cannot be further considered. Because the reportings remain at the facility level, we have no way of validating the numbers where the facility may have several paint formulating vats or operations. In Massachusetts we too have a Toxics Use Reduction law. Luckily, the Massa- chusetts law requires additional informa- tion from the firms. The Massachusetts law passed in 1989, and this past year we had 596 facilities reporting. By 1994 each of these facilities will need to prepare plans documenting how they will reduce or eliminate their toxic chemical use of toxic chemical by-product generation. Beginning this past year (July, 1991), each firm had to report all of the federal TRI data as well as additional information. This additional information includes the amount of each listed chemical (by weight) that is manufactured, processed or other- wise used at the facility, the amount (by weight) that is sent off-site as product, and the amount (by weight) that is released as by-products before any treatment or recy- cling. But the Massachusetts program does not rely on facility level data alone. Each firm must plan for and report on a smaller unit than the facility called the production unit. Each firm must identify the produc- tion units and the products each produc- tion unit manufactures. The reports on chemical use or by-product generation for each production unit are not reported as raw data, but, rather, as reduction ratios normalized against the amount of product produced that year. In Massachusetts we seek a more com- prehensive set of data than the TRI data, and to some degree we seek it at a finer level of detail. Of course, we are only in the first year of real reporting. There are many bugs to be worked out. For in- stance, nearly 80 percent of the first full reportings had errors and needed to be sent back for revisions. Yet, the Massachusetts case does sug- gest more of what we need in the federal TRI data base if we are to adequately un- derstand and track real pollution preven- tion. To refer to an ail-too trite phrase, "we have come a long way, baby," and almost just as trite, "we have a ways to go before we finish." Hillel Grey National Environmental Law Center 1. What is Pollution Prevention? The Pollution Prevention Act of 1990 establishes three key conditions to distinguish prevention from waste management Change products, raw materials, and technologies or activities that make products or provide services Exclude waste treatment and recy- cling Reduce toxic hazards to public health and environmental media An explicit focus on "toxics use reduc- tion" (TUR) is needed To prevent hazards linked to use, not just wastes Occupational exposure Product use and disposal Transportation, storage and processing accidents 79 ------- TR1 DATA USE AND POLLUTION PREVENTION Prevent shifting of toxics into prod- ucts and workplaces Stimulate innovation toward funda- mental toxics prevention Guide public policy, technical assis- tance, and research A growing number of states have pioneer- ed TUR laws, especially Massachusetts and New Jersey. Legislation, such as the Com- munity Right-to-Know More Act (H.R. 2880), would adopt a comprehensive pro- gram for toxics use and source reduction at the national level 2. Multimedia Waste Data in TRI Re- porting is Important Multimedia wastes before treatment or recycling On-site treatment and recycling Off-site recycling and the recycling loophole Non-routine, non-production releas- es 3. The Proposed TRI Reporting Would Not Be Adequate to Track and Pro- mote Pollution Prevention Materials accounting is needed to assess pollution prevention Manufactured, processed, and oth- erwise used Converted to another substance ("consumed") Transferred as a constituent of a product Multimedia wastes before treatment or recycling (PPA) The proposed PPA data would give a better picture of the waste stream than current TRI. However, it lacks crucial facility-wide information on chemical use, manufacture, processing, and toxics in products. Example: NJ and MA toxics use reduction laws Process-level information (e.g., H.R. 2880) is essential Appropriate focus for reporting and goal-setting Reliable tracking of toxics use and source reduction Public right-to-know about chemi- cals uses Fair analysis and comparison of different products Flexibility in assessing changes in product lines Facility-wide production ratios are faulty Without materials accounting and process- level indicators, the proposed TRI source reduction data can readily misrepresent pollution prevention or new toxic hazards at facilities 'Toxics shell game" may shift wastes to workplaces or consumer products. (Case study example) Changes in product mix within a facility may give a misleading im- pression of source reduction (Case study example) Waste data may not reflect increas- es in toxics manufacture or use. Should the public be informed about increases in potential toxic hazards? (Case study example) 80 ------- TRI DATA USE AND POLLUTION PREVENTION The proposed production ratios to normalize data may be vague or mis- leading There is no workable aggregate measure for dissimilar products in a facility "Such (waste/production) ratios become less meaningful as waste data are aggregated from various produc- tion units within one facility, OTA (1986), also concluded that waste- reduction data should be process- specific or production-unit-specific, because facility-level reporting would be too complex to obtain meaningful data." NRC (1990), p. 48 Need to account for new produc- tion lines and products Faulty choices for production ratios or ratio adjustments Wastes that are unrelated (nonlin- ear) to production Inappropriate changes in account- ing and estimation methods The calculation of quantity prevented may be misleading National or industry-wide evaluations would be seriously compromised without materials accounting and better process- specific information 4. Problems with 33/50 Continue The serious flaws of the EPA's 33/50 In- dustrial Toxics Project would remain de- spite the proposed TRI data. Notably, 33/50 goals still focus on emissions, which may be reduced by either prevention or waste treatment/recycling. There would not be sufficient data to evaluate toxics use and source reduction gains or claims. 5. Conclusions The wastestream and source reduction data available through the Pollution Pre- vention Act is a significant improvement of TRI. It quantifies the multimedia wastes from production processes before these wastes are further treated or repro- cessed. It also asks companies to quantify source reduction claims. But the wastestream data only tells half of the story. No information is available about quantities of chemicals manufac- tured, used in workplaces, or put into products. Moreover, the production ratios may be useless or misleading for facilities with multiple products or production pro- cesses. Pollution prevention efforts, in- cluding reporting and goal-setting, should focus on production units within facilities. Without a more complete picture, source reduction claims and reported waste data may appear to show pollution prevention, or reduced toxic hazards, when that would not be the case. The new TRI data does not meet the urgent need to direct prevention efforts toward the uses of toxic chemicals, not just wastes. Proposed federal legislation (HR 2880, the Community Right-to-Know More Act) would give citizens full information about toxic chemical use, allow more reli- able tracking of toxics prevention, and stimulate industry to prevent all of the problems associated with toxic chemical 81 ------- TRI DATA USE AND POLLUTION PREVENTION Sharon Johnson NC Pollution Prevention Program 1. Waste Reduction Management System Use of TRI Data in WRMS Data used to supplement TRI NPDES Pretreatment NEDS Hazardous Waste Annual Report Use of WRMS by industry 2. 33/50 Program Targeting Target Great Paints as part of 33/50 Program Governor's letter encouraging par- ticipation List of services offered by PPP including information packages and on-site technical assistance 3. Targeting Based on New Pollution Prevention Data Request participation of companies reporting source reduction activities in case studies or information sharing Plant Grow Great Paints George's Boards Target industries to receive PPP servic- es information offering free technical assistance Target by SIC Code Target based on quantity released Target non-attainment areas Target based on toxirity of chemi- cals released Prepare industry-specific or technology- specific waste reduction information packages Target by SIC Code Target based on quantity released Target non-attainment areas Target based on toxicity of chemi- cals released Target specific industries or processes for training courses and/or seminars Target research and grant monies Kevin McDonald MN Office of Waste Management I. TRI and the MN Toxic Pollution Pre- vention Act New multimedia pollution prevention law TRI reporters develop non-public pre- vention plan Planners complete public progress report annually TRI reporters pay pollution prevention fees ($0.02/lb) 82 ------- TR1 DATA USE AND POLLUTION PREVENTION 2. TRI Pollution Prevention Data Sup- plements MN Law MN planning/progress reporting Recycling and treatment data (8.2 - 8.5 &8.8) Production ratio and activity index (8.9) Optional information on past efforts (8.16) Methods to identify activity (8.11) 3. MN Use of TRI Pollution Prevention Data Pollution prevention evaluation report Projecting impact of prevention on statewide releases "Source Reduction Activities (8.11)" valuable information on successful methods and technologies "RCRA Hazardous Waste Affected (8.14)" and waste min aspects of CERCLA capacity assurance Possible data quality/enforcement applications Public use of data likely will increase Future policy-program development targeting programs 4. Proactive Efforts to Increase Data Quality Essential program element MN TRI-pollution prevention work- shops Trade association, chambers and techni- cal assistance Frederick Moore Union Carbide Chemicals and Plastics Company 1. Public Use of the New TRI Data Assumptions Hierarchy Intrinsic and dispersive use of chemi- cals 2. Assumptions Sharing of data with the public Reinforcement of the hierarchy Difference between intrinsic and dis- persive chemical use 3. Accountable to the Public 4. Preservation of the Hierarchy 5. Consistent and Credible Data 6. Intrinsic and Dispersive Use Dispersive use Use may equate to release Intrinsic use Use generally does not equate to re- lease 7. Definition of Recycle in New Data- Base 8. Conclusions 83 ------- TRI DATA USE AND POLLUTION PREVENTION Steven S. Ross Columbia Graduate School of Journalism As with all TRI data, there is an expec- tation that journalists will use the informa- tion to explain toxics use for their readers and listeners. Indeed, the Pollution Pre- vention data hold out that possibility. But lack of direct comparability with data generated for RCRA, NPDES, and other data sources will produce many traps for the unwary. This presentation describes how journalists might use PPA data, and the limitations of such use. 1. What a Journalist Looks For Depends on journalist/media Differences in expertise Chemophobia Concern with general public vs. safety officers (fire, police) Local vs. national/regional Year-to-year comparison (Is company "improving"?) Industry comparison (How dean is clean? Compare with other plants in same industry) Impact on community (Is the plant "safe"?) Routine releases One-time events Corporate mindset (Is company a "good citizen"?) 2. Decoding the Activities This year vs. last year Reductions attributable to PPA Uncertainties Due to "fuzziness" of Form R re- porting categories Due to nature of precess industries State pollution prevention activities (NJ, MA, etc.) 3. Industry Comparison By 4-digit SIC codes Sources of comparison inaccuracies Form R problems Regional differences Old vs. new plant Product mix within SIC (different paints, for instance) Comparison basis Waste/product shipped ratios Waste/employee ratio Waste/$ volume Often, will look at similar plant run by same company, if one exists Incompatibility with RCRA, etc. What journalist will do to reconcile data 4. Community Impact Follow outputs through community Land, air, etc. Recyders 84 ------- TRI DATA USE AND POLLUTION PREVENTION Sources of information on impacts References NJ data sheets Special needs/situation of community Odd geographical features Water supplies, etc. 5. Company/Industry Mindset These data are small part for local story These data are large part for national or regional surveys What data might tell us in national/re- gional survey Economic constraints 6. Access to Data Sources NLM TOXNET RTK Net Other databases "Live" expertise 7. Lessons and Recommendations Mark Schleifstein New Orleans Times-Picayune Pleasantville's three major industries generated almost 25 million pounds of hazardous wastes in 1991, according to fig- ures released by the federal Environmental Protection Agency, making the town the 15th biggest producer of toxic wastes in the state. Pleasantville ranked third in toxic waste production among towns of the same size in State, and among the top 15 percent of towns in the nation, according to EPA data. But only about 2.6 million pounds of that total actually were released to the environment, according to the EPA figures, including about 15,000 pounds of a variety of wastes that ended up in the Pleasant- ville Landfill and another 12,300 that were burned in the Megalopolis incinerator. Under federal Right-to-Know legisla- tion, EPA collects data from industry on the releases to the environment of a vari- ety of chemicals it regulates and makes that data available to the public. In Pleasantville the biggest generator of waste chemicals was Plant Grow Corp., which makes nitrogen-based fertilizers. The company generated 24.6 million pounds of waste, mostly ammonia. But much of the waste was recovered and reused in the fertilizer manufacturing process, or sold to other companies, ac- cording to EPA figures. "Pleasantville is ahead of schedule," said Bob Sierra, secretary of the State De- partment of Environmental Protection. "The town already has experienced a 22 percent overall reduction of emissions in only one year." But Sierra said that was due almost solely to the efforts by Plant Grow. "We have really worked on knocking down our ammonia emissions by revamp- ing our production process," said Plant Grow manager Josh Shmoo. "We are spen- ding another $1 million on research into other areas where we can cut emissions this year, and we have hired an outside contractor to do sniffing tests on the am- monia pipelines that criss-cross our site to help reduce fugitive emissions." Plant Crow's wastes included: 85 ------- TRI DATA USE AND POLLUTION PREVENTION Ammonia, 17.8 million pounds, down from 24.9 million pounds in 1990. About 2.2 million pounds of the 1991 wastes were released to the environ- ment, either through permitted releases to the air or the Trout River, or through minor leaks to the air from equipment The rest of the wastes were either recycled or treated on site. Plant Grow also reported to EPA that it reduced the amount of ammonia it generated in 1991 by 6.7 million pounds through changes in its produc- tion methods. Sulfuric acid, 2.4 million pounds, the same as in 1990. About 16,600 pounds were released to the river, and about 11,000 pounds were held in a surface im- poundment on the site. Another 2 million pounds were recycled on-site and about 320,000 pounds were treated. Methanol, 4.4 million pounds, up from 4.1 million in 1990. About 230,000 pounds of the material was released to the environment, mostly to the air in permitted emissions. The rest was treated on-site. The town's two other industries, Great Paints Corp., and George's Boards, gener- ate much smaller amounts of wastes. However, Great Paints recycles much of its wastes, mostly solvents, while George's Boards has no treatment or recovery oper- ations for its sole pollutant formaldehyde. Sierra said he is concerned about the amount of wastes from Great Paints that ends up being buried in the city's landfill. "While these wastes are being treated before they are buried, we are just not happy that they are ending up in the ground," Sierra said. "We want them to look at other ways of dealing with their wastes." Great Paints has had a history of dis- posal problems, according to DEP files. Last year, the company entered into a consent agreement with the state and the EPA to remove 200 tons of soil contami- nated with solvents, zinc and hexvalent chromium, several of which are cancer causing materials, from an old dump site on the plant's property. "The cleanup would cost about $30 million," Great Paints President Bill Crooks said, "and take about 10 years." Sierra said he also has ordered his staff to meet with George's Boards officials to determine how to drastically reduce the formaldehyde emissions that plant is re- leasing into the air. "We know they have a permit, but that plant is just too close to the Blackberg neighborhood. These people have been complaining for a number of years about those odors," he said. "This is just another case of environ- mental racism," said Joe Johnson, president of the Blacks in Blackberg Residents Asso- ciation. "My family and my neighbors have lived here since sharecropping times. You know we did not have any say in let- ting that company build there, and we do not have any say in it dumping that stuff on us day and night, either." And Pleasantville Mayor Jim Crooks said he is concerned about the company's use of the city's sewer system for treat- ment of some wastes. "We are getting just a bit concerned with the frequency of upsets at the city's treatment plant caused by that stuff," Crooks said, "and I have talked to George Wood about finding another way of dis- posing of it." Pleasantville was cited seven times last year by the DEP for violating its own pollution discharge limits, after formalde- hyde wastes from George's Boards killed the bacteria used to treat wastes in the 86 ------- city's treatment plant. One of those inci- dents resulted in a major fish kill on the Trout River, with, more than 30,000 trout found dead stretching from Pleasantville to the south of Megalopolis. That incident resulted in bad feelings between the two towns, as residents of Swank, the posh riverfront development in Megalopolis, complained about the odors of dead fish that lasted for two weeks last July. Pleasantville's chemical wastes are only a small percentage of those produced in the nation. According to the federal Envi- ronmental Protection Agency, industry produced 19 billion pounds of toxic chemi- cals that were either disposed or released into the environment in 1991. That was a 1.9 billion-ton, or 9.1 percent, reduction from 1990. Almost half of that reduction in pollut- ants resulted from pollution prevention measures involving at least one chemical used in about a third of the nation's in- dustries, according to EPA figures. Ted Smith Silicon Valley Toxics Coalition 1. Overall Strategy Use the Data to Identify Leaders and Laggards Identify and promote effective technol- ogies, processes, and companies Identify and seek to change, phase out, or replace harmful technologies Focus attention on companies (and their leadership) that fail or refuse to implement effective pollution preven- tion policies Focus on waste stream in order to promote source and use reduction TRI DATA USE AND POLLUTION PREVENTION 2. Technical Issues Develop simple data base for data analysis Other research and information necessary to do analysis Toxicity data Roadmaps, NLM, RTKNET, etc. Review available epidemiological data cancer, reproductive outcomes, etc. Exposure analysis air modeling and monitoring, meteorology data, water monitoring, demographics, etc. Define hazards of current disposal methods incineration, dumping in river, air pollution, etc. Conduct monitoring Compare data with data from compara- ble companies and with past years' data What alternatives are available? How effective and costly are they? What are the impacts on jobs? Is a transition plan necessary? Is more R&D necessary to develop alternatives? ID barriers to pollution prevention economic, technical, social, inertial i.e., short-term profit pressures, mil- specs, etc. Conduct political and economic re- search to ID pressure points Verification Plant tour and inspection with commu- nity and union experts Distinguish real from phantom reduc- tions Examine permit data RCRA, 87 ------- TRI DATA USE AND POLLUTION PREVENTION NPDES, state, local for permit limits, inconsistencies, inaccuracies, etc. Mass balance 3. Community Education and Organizing Tactics Organize in most affected neighbor- hoods work with local community organizations and institutions neigh- borhood groups, schools, etc. Work with union, if possible Develop "Good Neighbor Agreement" strategy ID allies and opponents form broad- based coalitions Develop media strategy to dramatize the problems, frame the solutions, get maximum attention and focus on the issues you define 4. Data Inadequacies No reliable use data Insufficient process-specific data No effective inspection or monitoring system to verify data 5. Next Steps Improve data reporting requirements and fill in data gaps Right-to-Know -> Right-to-Act Incentives and sanctions R&D initiatives Industrial policy ------- TRI DATA USE AND POLLUTION PREVENTION TRACK II - THE ROLE OF TRI IN STATE PROGRAMS The Toxics Release Inventory was first publicly avail- able in the spring of 1989 and since then there has been a dramatic, albeit uneven, evolution in state TRI programs. While some states have only a few resources allocated to their TRI programs, other states have developed sophisti- cated computer databases and reports, multimedia enforce- ments, and pollution prevention programs that could be used as blueprints for other states' and the federal govern- ment's environmental programs. The panelists in this track, representing state governments, environmental groups, academia and industry, discussed the past, present, and future role of TRI in state environmental programs. Track Leaders: Morning Session: Lee Tischler, Director, MN Emergency Response Commission Afternoon Session: Steve Hanna, Chief, Environmental Information, Track Coordinator: Eileen Fesco, U.S. EPA, Office of Pollution Prevention and Toxics Panelists: Ken Geiser, Director, Toxic Use Reduction Institute Joseph Goodlier, Manager, Emergency Planning, Illinois EPA Sharon Kenneally-Baxter, Analyst, VA Department of Waste Management Richard Kleiner, Public Affairs Director, LA Chemicals Association Joel Lindsey, Former Deputy Secretary, LA Dept. of Environmental Quality Paul Orum, Coordinator, Working Gr- oup on Community Right-to-Know John Ridgway, Supervisor, Community Right-to-Know, WA Department of Ecology 89 ------- TRI DATA USE AND POLLUTION PREVENTION Introduction The four major topics covered during the sessions were: 1) packaging the data; 2) resources and funding issues; 3) new pro- grams and legislation resulting form TRI, and 4) TRI in the future. Packaging the Data Packaging of data is the process of collecting, recording, analyzing, and final- ly, releasing the data to the public. The necessity for packaged data was widely agreed upon, as indicated by Richard Klei- ner, LA Chemical Association, who stated "We need to be proactive instead of reac- tive." Many states, industry organizations, and other groups release national/state reports and other analyses of the TRI data. The participants did, however, acknow- ledge a potential risk in packaging the data. While states issue their reports with specific numbers, sometimes focusing on individual facilities, the federal govern- ment summarizes the states' information in their reports. The states, therefore, need to be conscientious and collect extremely accurate information in order to avoid further disparities when the federal gov- ernment summarizes the information, and vice a versa. The participants noted that the length of time it takes for EPA to pro- cess the forms and make the data accessi- ble is problematic. The states that are packaging the data are receiving positive responses from envi- ronmental groups, citizens, media, and even from industry. Paul Orum, from the Working Group in Community Right-to- Know, noted that many public interest groups receive the TRI data from the state rather than from the TRI national database. Industry is pleased to know that some- thing is being accomplished with the filing of this information. The importance of explaining what the TRI data means was emphasized by a number of state represen- tatives. It was also recommended that the facility be contracted for clarification on its release reports. States' opinions differed significantly regarding data interpretation. Some states maintained that their role as TRI coordina- tors was simply to receive the information, process it, and quickly release a report, without providing a lot of additional anal- ysis of the data. While other states do include analyses and discussions on expo- sure and risk in their reports. Resources and Funding There is great variation between the states when it comes to their TRI pro- grams. Last summer, Cindy DeWulf from the Ohio EPA, conducted a survey on the status of various states' TRI programs. It reviewed the range of TRI program fund- ing sources, a summary of her results, which follows, was presented in the track session. Funding Source Ten states responded that they have no funding for their TRI programs Twelve states indicated that they are turning towards fees for fund- ing their TRI program Twenty states getting monies through the general revenue Twenty states have received EPA grants, and five states indicated other resources Level of Funding Ten states said that they have no monies for their TRI program 91 ------- TRI DATA USE AND POLLUTION PREVENTION Six states reported funding levels from $1,000-$65,000 Two states reported funding levels from $65,000-$100,000 Eight states have funding levels in excess of $100,000 Thirty-five states indicated that their funds support a TRI staff of one or two employees These numbers dearly indicate the limited resources available for TRI at the state level. State officials are concerned about the resources that will be needed to process the new pollution prevention ele- ments/ and where the states will turn for these resources. In addition, many states wonder if the passage of the Right-to- Know More legislation will overload the system. There was some discussion on using penalties and fines to fund the TRI pro- grams. Some states indicated that enforce- ment should not be the sole revenue source for a TRI program. Funding for the program could be lined out of the states' budget. Many agreed that it is appropriate for the fines to go into the states' General Revenue Fund. Some states also felt that the use of "Environmentally Beneficial Expenditures" as a part of penalty settle- ment could be used to promote pollution prevention. The panelists had mixed opin- ions on these issues and/ indeed, some states are using penalty stipulation agree- ments to fund portions of their TRI pro- grams. The states with fee programs strongly recommended the system to the rest of the states. Fee programs not only provide revenue for administering the program but they also encourage pollution prevention and more careful reporting by facilities. New Programs and Legislations All of the panelists agreed, as stated by Paul Orum, that 'TRI helped create the climate to establish pollution prevention programs." The panelists offered several examples of new pollution prevention programs and legislations. A few exam- ples include: Washington has passed a fee-driven Toxic Use Reduction Act, which they expect will result in a 50% reduction in releases by 1995. Starting with the larger reporters, facilities will be required to provide a reduction plan. And, in order to promote cooperation, Washington, developed an agreement with RCRA. Minnesota, which already has a Pollution Prevention Act, is looking to establish a variation of the 33/50 program. In Illinois, university students have been assigned to facilities to help implement pollution prevention programs. Massachusetts has established a Toxic Use Reduction Program and has expanded the SIC coded cov- ered beyond those 20-39 cases cov- ered under EPCRA. EPA Air Division uses TRI data to develop a list of air toxics for fur- ther regulation. Also, EPA is in the process of electronically integrating environmental information by de- veloping a "tie-file" containing mul- tiple program facility identifies. Finally, panelists suggested imple- menting facility "scorecards", as well as a common facility identifi- cation. 92 ------- TRI in the Future s Participants agreed that the future of TRI is unclear because the data are in a constant state of flux - addition/deletion of chemicals, changing forms, new pollu- tion prevention reporting requirements, and "Right-to-Know More" efforts. Some- one asked if it "would not be more effi- cient to have EPA focus on the develop- ment of standardized software than to have each individual state spend its own resources for developing software that is incompatible among the states?" The gen- eral feeling was that the states need assis- tance from EPA to develop and maintain systems. If the system is standardized, some states may be able to enter the data for EPA or at least have greater control over the availability of the data. It was agreed that EPA and the states need to discuss the options available and work to promote the consistent, reliable and timely production of TRI. The participants had several sugges- tions regarding future TRI reporting. They suggested that magnetic media submittals be encouraged in order to speed-up the time it takes to make TRI data public. This was a major concern in all of the track sessions. Also, questions were raised about the use of optical scanning, specifi- cally, concerns regarding the error ratios associated with this type of reporting. These questions will be pursued in future years. Paul Orum, Working Group on Community Right-to-Know, cautioned about "regulatory creep" in the TRI report- ing process. As more and more require- ments are added to TRI, there is a risk of harming the Right-to-Know aspect of TRI. Working with other agencies to encour- age a multimedia approach to pollution prevention is seen as an obvious evolution of both state and federal programs. Also more effort needs to be made in the public outreach area, particularly working to explain what the data mean, e.g. providing a more detailed "facility profile". TRI DATA USE AND POLLUTION PREVENTION Generally, all participants agreed that TRI has been very useful particularly in promoting pollution prevention. Finally, there were comments on the need for packaging TRI and other Right-to- Know information, such as hazardous chemical inventory. And, concerns were raised about the future availability of risk management plans. That information can be used to create a facility profile that can aid local planning. 93 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK II - PANELIST PRESENTATION SUMMARIES 95 ------- TRI DATA USE AND POLLUTION PREVENTION Ken Geiser Toxics Use Reduction Institute, Massachusetts The Toxics Release Inventory (TRI) can play a valuable role in tracking and pro- moting pollution prevention and toxics use reduction/ but more work is required to realize this potential 1) The opportunity to package the TRI data in ways that increase its public use- fulness appear endless. Many state agen- cies and state public interest groups have compiled state data in special state toxic chemical release reports. The media has been quite creative in presenting the data as well. Mapping the data seems to be particularly appealing. A San Francisco television station produced a highly useful, four color, fold out map in 1989. Yet, there remains great potential in citizens accessing the data and preparing reports or maps themselves. The Institute has initiated a highly innovative project that will engage middle-school aged chil- dren in accessing data about pulp and paper production. 2) There are two types of resources: institutional and financial. In Massachu- setts we are trying to mobilize the univer- sities and research centers to support pol- lution prevention. One way to do this has been to encourage researchers to consider joint projects that involve the TRI data. Financial resources can be produced by reporting fees. Several states (Kansas, Ohio, Florida) have tried reporting fees on the TRI reporting alone. Massachusetts sets a reporting fee on toxics use reduction reporting. This also serves as a filing fee on the TRI reportings. 3) The Massachusetts Toxics Use Re- duction law is based on the TRI reportings. The initial list of chemicals, the reporting thresholds and the date of reportings are all carefully coordinated with the federal TRI requirements. This coordination was agreed to because the authors of the legis- lation believed that this would reduce the filing burden placed on firms. The initial calculations over the filing fee were based on estimates of the number of firms filing under the TRI. In setting priorities for the Massachu- setts program, both the Institute and the state technical assistance program have relied on the TRI data. An initial analysis of the largest volume releases in the state led to a commitment on the part of both agencies to work on solvents as an initial priority. 4) In the future the TRI program needs to be expanded if it is to adequately track and promote pollution prevention. In particular The list needs to be expanded to cover additional chemicals. The range of SIC codes needs to be broadened to include more firms. The reporting points need to be increased to cover data on chemical inputs and chemicals released as products. Joseph Goodner Illinois EPA Packaging the Data The Illinois Environmental Protec- tion Act (Act) requires the Illinois EPA to send copies of Form R to any Illinois resident upon written request. The Act requires that Form R be available for inspection and copy- ing during regular work hours. An environmental group used this ac- 97 ------- TRI DATA USE AND POLLUTION PREVENTION cess to compile data for a report focusing on a subset of the list of toxic chemicals; numerous news media representatives have used this access as background for geo- graphically focused articles and series. The Act also requires the Illinois EPA to publish an annual report summarizing toxic chemical release information. Though not required by the Act, lists of facilities and their releases for each county are sent to the chief executive officer of each county. Agency staff are often asked to discuss the Toxic Chemical Release Program and data at informational seminars sponsored by a variety of citizen, industrial and professional groups. Resources and Funding Issues The Illinois Toxic Chemical Inven- tory (TCI) program operates with one full-time staff person/ a pro- gram manager who dedicates ap- proximately one-half of his time to the program and the annual data input effort which takes four opera- tors approximately two months to accomplish, incidental clerical sup- port and approximately one month of effort by a graphic artist in prep- aration of the annual report. Funding is obtained from two spe- cial source funds which contain money from certain hazardous waste fees and penalties collected through environmental litigation along with a small and diminishing amount of general revenue funds. The Agency has attempted to estab- lish a Form R filing/processing fee through legislative initiatives for four years with no results; efforts to establish a fee are continuing. New Programs and Legislation The Illinois Environmental Protec- tion Act was amended to require the public availability and reporting of information previously men- tioned, to require a computer data- base (the TCI) which included Form R information and to require that Form R be submitted to Illinois EPA, which gives the Agency legal authority to initiate legal action against non-filers. Beginning in September of 1988, TCI data was used by the Agency's air division to develop a list of air toxics for further regulation pursu- ant to state legislation; the data is currently being used to identify specific facilities as the Agency's overall air toxics program, includ- ing elements of the CAAA, is de- veloped. The Illinois Toxic Pollution Preven- tion Act (TPPA) created the Office of Pollution Prevention (OPP) with- in Illinois EPA. The OPP adminis- ters a voluntary pollution preven- tion planning program, an industri- al materials exchange service and a graduate intern program. TCI data was used to identify facilities for the planning effort and is used annually to target facilities for ac- complishment of pollution preven- tion activities for the graduate in- tern program. OPP has also used TCI data to support federal 33/50 program efforts in Illinois. TCI data is used to evaluate facili- ties for addition to regulation under the Illinois Chemical Safety Act (ICSA), which requires contingency planning by individual facilities to deal with chemical and oil releases. 98 ------- TRI DATA USE AND POLLUTION PREVENTION The Agency has efforts underway to electronically integrate environ- mental information by developing a "tie file" containing multiple pro- gram facility identifiers to facilitate use of this information to support environmental policy decisions, utilizing such tools as a Geographic Information System (GIS) for infor- mation evaluation. The Future The TCI will be utilized by all Ag- ency media divisions to assess total risk as contaminant loading in geoecological regions such as air- sheds, drainage basins and aquifers in Illinois. Efforts to assure compliance with reporting requirements and data quality will intensify. Illinois will continue to promote submission of toxic release informa- tion on magnetic media to mini- mize data entry and quality control efforts given limited resources for program management. Efforts will continue to integrate environmental information, includ- ing TCI. Efforts will continue to make TCI data available, throughout the Ag- ency, to other users outside the Agency and to the public through electronic and other imaging means. Steve Hannah CAEPA Overview California has the largest number of filers nationwide TRI funding is approximately $120,000, which funds one data processing position and temporary help Data are distributed by Sept. 1 Data are distributed and manipulat- ed for anyone requesting informa- tion, usually free of charge An annual report is sometimes pro- duced State Data Entry This was discussed as a separate item in the afternoon because of the expressed in the morning session. California has been an advocate of state data entry prior to the first reporting year. New Programs California is taking steps to obtain statutory authority to collect TRI forms from an expanded facility universe. This is aimed at using TRI data as a compre- hensive quantitative source of information for multimedia programs such as pollution prevention. 99 ------- TRI DATA USE AND POLLUTION PREVENTION Sharon M. Kenneally-Boxter VA Emergency Response Council Packaging the Data a. Database: The Virginia Emergency Response Council (VERC) has main- tained its own database containing facility identification information and release data since 1988. At present, the database is housed on a local area network on DBase IV. Data quality efforts include returning forms to facili- ties for correction/completion and rec- onciliation of Virginia and EPA data- bases. b. Industry Outreach: From 1988 to 1991, fifteen one-day TRI workshops were presented with an attendance of ap- proximately six hundred per year. Invitations are sent to all manufacturers within the state (approximately 3200). These sessions, held in various loca- tions throughout the state, have been produced in cooperation with the Du- Pont Company and Region III of the Environmental Protection Agency (EPA). Each workshop covers regula- tory requirements; changes in the chemical list and reporting require- ments; release estimation techniques; and waste minimization/pollution prevention case studies and informa- tion. Current guidance documents are also provided to each participant. In 1992, the focus of the workshop will shift from TRI compliance to the new requirements of the Pollution Preven- tion Act of 1990, as a result of requests from industry. c. Annual Summary Report: Annually, a TRI summary report is prepared by the VERC (the report for calendar year 1990 should be available in February). The reports are produced to facilitate the use of the TRI data throughout the state. Within the reports, the TRI data are summarized in the following six categories: environmental media to which the releases occurred; chemical reported; reporting facility; Standard Industrial Classification code; county; and city. Others, most notably environmental groups and the media, have also been involved in analyzing the TRI data. A report produced by the Appalachian Regional Sierra Club in 1989 focused on air releases reported for calendar year 1988. This report was completed and released during Congressional hearings on the Clean Air Act amend- ments. In 1990, the Environmental Action Foundation published "The Toxic Trail," a report focusing on sev- eral counties in the southwestern re- gion of Virginia along the corridor of Interstate 81. In 1991, the Virginia Citizen Action published "Poisons in Our Neighborhoods - Toxic Pollution in Virginia." Newspaper coverage has varied from articles outlining Virginia's national rankings to stories focusing on a particular region or city. d. Citizen Suits: In 1990, ten Virginia firms were notified by the Environmen- tal Action Foundation (EAF) of their intent to sue over noncompliance with Section 313. Some of the notices in- cluded other sections of the law as well. EAF spent months researching various environmental reports submit- ted by the facilities (NPDES water permits, air permits, RCRA hazardous waste reports, EPCRA Sections 311 and 312 reports, etc.). Many of the facilities have since submitted TRI reports; in some instances, the facilities submitted reports for the past three years at one time. EAF has negotiated settlements with at least two facilities to date that require the facilities to explore toxics use reduction. In addition, funds from the settlements have been directed to the Virginia Environmental Endow- 100 ------- TRI DATA USE AND POLLUTION PREVENTION ment to support toxics use reduction training throughout the state. e. Toxics Task Force Work: The Secre- tary of Natural Resources, Elizabeth Haskell, is very interested in develop- ing mechanisms to track Virginia's progress in reducing releases of toxic chemicals. To this end, Ms. Haskell convened the Toxics Task Force in 1990. One activity recently undertaken by the Toxics Task Force was an analy- sis of the 33/50 chemicals in Virginia. Resources and Funding a. Resources: The VERC is currently staffed by six full-time and two part- time staff positions. As Virginia has not formally adopted the EPCRA legis- lation as state law, the VERC currently has no authority to collect fees or re- quire any additional information be- yond that required by EPCRA. The VERC oversees the activities of 114 local emergency planning committee, including the review of emergency re- sponse plans submitted under Section 303 of the law. Program responsibili- ties under EPCRA have been divided primarily between two agencies: the Departments of Waste Management (DWM) and Emergency Services (DBS). DES reviews plans submitted by local emergency planning committee and oversees the training and staffing of the eight regional hazardous materi- als response teams currently in exis- tence. DWM is responsible for collect- ing, organizing and disseminating the various reports received under Sections 302, 304, 311, 312 and 313 of EPCRA. b. Funding: Funding for the DWM SARA Title III program is approximately $300,000, of which $67,000 is devoted to TRI. Currently, .5 of a full-time em- ployee and one part-time employee are devoted to Section 313 activities. The VERC is projecting expansion to one or two full-time positions and one part- time position in the next few years. New Program/Legislation a. Integration of SARA Title III and Pollution Prevention Programs: hi April of 1991, the SARA Title III and the Pollution Prevention Programs (also known as the Waste Minimization Program) of the Department of Waste Management were merged. This reor- ganization reflects the growing interde- pendence of TRI and waste reduction activities. At present, the primary activity of the Waste Minimization Program is the Interagency Multimedia Pollution Prevention (IMPP) project, which seeks to avoid the shifting of wastes from one environmental media to another through cooperative efforts of the three primary Virginia environ- mental regulatory agencies, the Depart- ment of Waste Management, the De- partment of Air Pollution Control and the State Water Control Board. Tasks associated with the IMPP project in- clude agency staff pollution prevention training and outreach for targeted in- dustries. b. TRI Program Enhancement Grant: Virginia was awarded a $19,000 data consolidation grant in late 1991. This funding will support the integration of the SARA Title III databases, currently separated by year and reporting re- quirement. The final database will enhance the ability to conduct data trend analysis, such as progress on the 33/50 project and increase the VERC's ability to accept reports under all sec- tions on magnetic media. c. Proposed Consolidation of Virginia Regulatory Agencies: Currently, two proposals to create a single, compre- hensive environmental regulatory agen- cy are before the General Assembly. At present, three different agencies administer the major environmental 101 ------- TR1 DATA USE AND POLLUTION PREVENTION regulatory programs: the Department of Waste Management, the Department of Air Pollution Control and the State Water Control Board. While each agency is currently using the TRI data to some extent, if a single agency is created, the TRI data would likely become a "scorecard" of that agency's progress, thus enhancing the role of the TRI data and, therefore, reinforcing the demands for toxics use reduction. Richard Kleiner Louisiana. Chemical Association LCA 1st Industry Group to go Public with TRI. Why? Voluntary public disclosure was a necessity, not an option Public opinion is driving environ- mental performance efforts Public concern about the environ- ment, pollution and health in Loui- siana is very high Citizens perceive industry as secre- tive, untrustworthy Louisiana's emissions are large, causing more concern LCA members account for 87% of all Louisiana's emissions (1990) (Figure 1). Decided to lead with TRI and es- tablish dialogue, not react Purpose and Objectives Purpose of the report is to provide Louisiana citizens and LCA members with a complete, factual analysis of member TRI emissions trends. The TRI report meets LCA objectives to: 1. To publicly disclose emissions per- formance 2. Provide timely, thorough response to public concerns 3. Measure, promote industry perfor- mance internally New Pollution Prevention Programs LCA will continue to use TRI data to track member performance under a num- ber of mandated and voluntary pollution prevention and emissions reduction pro- grams including: LA Air Toxics Reduction Act LA Ozone Task Force efforts - LaDEQ Corporate Response Program - EPA 33/50 Program - CMA Responsible Care Pollution Prevention Code LCA will continue to oppose misappli- cation of TRI data, such as the factoring of TRI emissions as part of the criteria for determining eligibility for industrial tax exemptions under the new Louisiana Envi- ronmental Scorecard. - Although LaDEQ touted the score- card as a pollution prevention in- centive, it penalizes many compa- nies already making significant investments to reduce emissions and waste. - Applicants are given points based on the ratio of pounds of emissions to the number of jobs supported by the facility. We do not believe TRI data should be used as a litmus test for determining a company's "envi- ronmental correctness" or to set up 102 ------- a scheme that labels a citizen's job "clean" or dirty." It makes no regulatory sense for DEQ to penalize companies for TRI emissions that the agency itself legally permits! LCA's Role in .the Future Continue to use TRI as a bench- mark for tracking performance LCA will continue to invest in pollution prevention and emission reduction programs. LCA mem- ber's emission reduction efforts represent 98% of Louisiana's total reduction from 1987-90 (Figure 4) Continue to share ideas with DEQ, EPA and CMA Continue to promote public dia- logue with TRI Begin tracking, analysis of pollution prevention data Support Louisiana State University Institute for Recyclable Materials LA Gulf Coast Waste Exchange clearing-house Assist CMA with national chemical industry TRI report Packaging the Report A contractor gathers and compiles the data and writes the narrative with direc- tion and guidance from an LCA task group. Structure/ format and design was based upon an excellent model, the 1987 EPA TRI National Report. TRI DATA USE AND POLLUTION PREVENTION LCA also reviewed recent TRI summa- ries released by environmental groups (National Wildlife Federation, Greenpeace) to help identify areas of concern that we should also address in our report. Report's unique features include: 1. Facility summaries explaining emission changes 2. The first attempt to look at carcinogens Report designed to promote public access, dialogue: 1. Address, phone contact for each facility 2. Chemical specific list on each facility 3. Facilities listed and emissions tallied by parish (county) 4. Report sent to each parish library Public Communication Each fall, LCA publicly disseminates the report statewide: 1. Editorial board visits 2. News releases to all media 3. Copies to LaDEQ/ other key offi- cials, legislators, EPA, environmen- tal groups and Local Emergency Planning Committees Resources/Funding TRI report will continue to be an LCA priority budget item Production and printing cost about 103 ------- TRI DATA USE AND POLLUTION PREVENTION $20,000 annually Will be working with the contractor and LCA Waste Minimization Committee to determine added costs for tracking new data requested on waste generation and pollution prevention 104 ------- FIGURE 1. TOTAL RELEASES & TRANSFERS BY LCA MEMBER FACILITIES, 1987 to 1990 1000 Millions of pounds 800 600 400 200 781.2 All chemicals: down 50.9% from 1987 to 1990 All chemicals: down 7.5% from 1989 to 1990 1987 1988 1989 1990 ------- Reduction Efforts 120 100 FIGURE 4. LOUISIANA AIR TOXICS LAW EMISSIONS BY LCA MEMBER FACILITIES Millions of pounds 1987 1988 1989 1990 LCA reduction: 30% from 1987 to 1990 Statewide goal, all sources: 50% by 1996 ------- Pollution Abatement Spending Louisiana Chemical Industry 700 GAC Actual GAC Estimated Capital Gross Annual Costs and Capital Expenditures, 1974-1990, U.S. Bureau of Census Gross Annual Costs 1990-2000 based on EPA estimates, in constant 1989 dollars ------- TRI DATA USE AND POLLUTION PREVENTION Joel Lindsey LA Department of Environmental Quality Toxic emissions in Louisiana declined 48% from 1988-1991. A major factor lead- ing to this decline was public awareness stemming from passage of Right-To-Know legislation. Louisiana issues an annual report each year tracking discharges by facilities and parish. The TRI data allow for comparison between states and facilities. This provid- 2ed new insight to judge pollution reduc- tion steps, such as Louisiana's Corporate Challenge. This program resulted in a commitment from the 30 largest discharg- ers to reduce toxic emissions 75% over the next three years. This projected decrease will mean Louisiana will be fourth behind Texas, Ohio, and Tennessee. Another use of TRI data was to tie industrial tax exemptions to toxic emis- sions. Facilities that had low discharges or - had an approved waste reduction plan received a higher score. Plant managers saw this as a real incentive to reduce tox- ics. TRI information played a role in multi- media waste reduction programs. Review- ing each medium separately often led to transferring waste from one medium to another rather than an overall reduction. This approach placed the focus on real reductions. In one case, Freeport McMo- ran committed to a 75% reduction in three years. TRI data formed the basis for air toxic reduction legislation. Selection of chemi- cals was determined by the volume and toxicity. Passage of this legislation man- dated a 50% reduction of 100 chemicals by 1996. TRI assisted in identifying contaminat- ed waters. Monitoring of rivers and streams alone is not adequate, other data coupled with field information helps to determine toxic discharges. In one inci- dent in Lake Charles, Louisiana, TRI assist- ed in pinpointing a major source of pollut- ants. Risk assessment is another area TRI played a role. Emissions' data assisted in identifying the degree of environmental risk assigned to air toxics, and water dis- charges. Paul Orum Working Group on Community Right-to-Knozv 1) Packaging the Data Basic dynamic: time lag on federal data leads many activists and re- porters to the states for TRI num- bers. Computerization and electronic submission are needed to reduce the costs of data management. Activists serve an important link in getting the data out. Resource: list of TRI reports (fuly- August Working Notes). Most of the reports received press coverage. Most of the reports were not pre- pared with data from TOXNET. Key factors in state reports: 1) facility specific data; 2) chemical specific health effects data. Both were omitted from EPA's first an- nual TRI report. Also looked for preventive versus control oriented analysis. 108 ------- Test of state reports this year: did they analyze reasons for reductions (control, prevention or phantom reductions)? (Showed Appendix 11 from Citizen Fund's "Manufactur- ing Pollution" report as a model.) Suggested EPA's "Roadmaps" ma- trix for health effects data. 2) Resources and Funding Relationship to enforcement: a positive relationship between re- porting and resources aids enforce- ment. Relationship to accuracy of report- ing: fees on emissions encourage emissions reductions (real or phan- tom); fees on forms/facilities en- courage use (or volume) reduction. Thus/ program goals are implicit in funding mechanisms. Citizens Suits: can reduce pollution (fines forgiven in exchange for company TUR program); can pro- vide some funding to LEPCs (fines directed to LEPCs). Right-to-Know builds constituencies for other programs, and is an in- vestment of resources in other envi- ronmental programs. Additional information sources: National Governor's Association document "A Survey of State Ac- tions" and Ohio compliance bro- chure to assist LEPCs. Fines are not a substitute for sub- stantive programmatic funding. 3) New Programs TRI plays an important overview function to help tie programs to- gether. TRI DATA USE AND POLLUTION PREVENTION TRI helped create the climate for passage of state TUR and pollution prevention laws. Those most sup- ported by environmentalists are the TUR (toxics use reduction) progr- ams, i.e., MA, NJ. Additional information resource: "An Ounce of Toxic Pollution Pre- vention" by the Center for Policy Alternatives and the National Envi- ronmental Law Center. Rates ele- ments of pollution prevention laws: 1) definition; 2) planning require- ments; 3) reporting requirements; 4) worker/community involvement; 5) technical assistance; 6) state author- ity; 7) funding. 4) Future of Right-to-Know Overhead diagram - progression of data collection: 1) EPCRA, 2) Pol- lution Prevention Act, 3) proposed CRTK More Act. Chemical use data is where the real work on pollution prevention be- gins. Expansion of chemical lists is im- portant to find out if other regula- tory laws are working. "Regulatory Creep" into TRI, through fees on emissions and requirements tied directly to right- to-know, builds pressure to limit or restrict reporting. For example, EPA has received about 50 petitions from industry to take chemicals off the right-to-know reporting list. New regulation should be "de- linked" from TRI (NOT the same as suggesting the new regulations are not needed!). 109 ------- TRI DATA USE AND POLLUTION PREVENTION John Ridgway WA Department of Ecology Washington State has been very active in its efforts to implement a successful pollution prevention program. In 1990, the State legislature passed the Hazardous Waste Reduction Act (HWRA), which is based in part specifically upon Toxic Re- lease Inventory (TRI) reports. In Washington, any business which generates 2,640 pounds of regulated haz- ardous waste (RCRA and State Dangerous Waste), or has to file a form R under Sec- tion 313 of SARA Title III (TRI), must prepare a waste reduction plan. This plan is to have an executive summary, which is to be sent to the State's Department of Ecology for review. The goal of this legis- lation is to achieve a 50% reduction in the annually reported generation of hazardous waste by 1995. This goal is to be met through voluntary efforts on the part of all generators, rather than a mandatory re- quirement upon each generator. However, if the goal is not met, there is a good chance the State will revise the legislation to be more demanding. The legislation is to be funded in part through fees based upon generated waste volumes and a fixed fee per facility. In the last year, the State has had to take a dose look at TRI for a variety of reasons. There have been a number of issues related to TRI which are generating some questions and concerns. This outline will give a general overview of those is- sues, and how Washington hopes to deal with them. 1. How is Washington packaging the data for the public? Washington has not had the oppor- tunity to prepare and distribute a state report of TRI results. However, we do have a well publicized "Hazardous Substance Information Office" which maintains a toll-free hotline. This ser- vice is listed in almost every phone book in the State and spends a large percentage of time making the TRI data available. If requested, it can be given verbally, on a floppy disk (copy of EPA's), or in print, broken out in any format the staff can reasonably accom- modate. This seems to provide the public with an easy way to receive and digest the TRI data in a personalized manner. Further, there are a number of local agencies and public interest groups who receive the entire TRI data and then work with it to analyze the infor- mation to address their particular inter- ests or reflect the community in which they live. 2. What are the resource and funding issues for TRI and the HWRA? For TRI, limited resources exist Washington has recently been awarded a grant from EPA to work with TRI data in the "Data Capabilities Pro- gram." This will substantially improve the State's capacity to review and im- prove the data's usefulness. Up to the present, the staff resources to work with TRI data have had to be shared with all of the other EPCRA programs and the hotline services. For the pollution prevention activi- ties, the State is authorized to Collect $1 million per year for technical assistance to be provided to the regulated facili- ties. This will be collected in the form of a fee, based upon reported hazard- ous waste volumes generated the previ- ous year. Further, additional funding will be available for administration of the HWRA. 3. What new programs and legislation have been established for pollution prevention? 110 ------- TRI DATA USE AND POLLUTION PREVENTION As noted above, the State's 1990 HWRA is the foundation for the State's activities. It is currently in the rule- making process and has nearly com- pleted a test case with voluntary facili- ties, which have been working with the State to work out details of how the required pollution prevention plans are to be written and reviewed. 4. What may/will/should happen in the future with the TRI program in Wash- ington? The TRI program in Washington is managed by two staff, who have many other responsibilities. In spite of this limitation, the program intends to gen- erate its first state report by mid-1992, as a result of the EPA grant. Immedi- ately following, the report and its infor- mation will be delivered not only in writing, but also in the form of presen- tations to county and city councils, environmental groups, and the various written, radio and television media. It is believed that the real key to encour- aging and supporting public under- standing of its limitations, usable infor- mation and implications, can best be met through this type of direct presen- tation. The pollution prevention compo- nent is relying upon the TRI data to a large degree. This means more empha- sis must be seen in TRI reporting com- pliance and understanding. The pollu- tion prevention efforts will be tried on a voluntary basis by the facilities; how- ever, if the intended goals of a 50% re- duction are not seen by 1995, the State's legislature will likely make some portions of the HWRA mandatory. Lee Tischler MN Emergency Response Commission The Minnesota Emergency Response Commission, Department of Public Safety, is responsible for managing the TRI pro- gram. While the Commission processes the data and provides public access to TRI and other community right-to-know infor- mation, other agencies, including the Pol- lution Control Agency, Office of Waste Management, and Department of Health, have used the TRI data in existing pro- grams and to develop pollution prevention programs. The Commission prepares an annual report which identifies the releases and transfers from each TRI facility in Minne- sota. The report is widely distributed and has increased interest in the data and its application at state and local levels. After the first annual report was prepared in September 1989 for reporting year 1988, a steering committee, which included repre- sentatives of environmental groups, indus- try, and state agencies, was established to discuss pollution prevention. From this committee, the Minnesota Toxic Pollution Prevention Act of 1990 evolved. The Act requires TRI facilities to develop pollution prevention plans and submit annual prog- ress reports. Grants and technical assis- tance for pollution prevention initiatives are available; and TRI facilities are ass- essed fees based on the number of chemi- cals and amount of releases and transfers. Since the TRI data provides the founda- tion for the Minnesota Toxic Pollution Prevention Act, compliance and data quali- ty are important TRI program issues. Through a U.S. Environmental Protection Agency grant, the Commission was able to identify 142 new reporting facilities, to identify common errors in reporting, and to improve the accuracy of release esti- mates. Minnesota believes that data quali- 111 ------- TRI DATA USE AND POLLUTION PREVENTION ty will be critical for assessing pollution prevention accomplishments in future years. The Commission has designed a com- puter database system to track all data collected under EPCRA. The TRI compo- nent is undergoing modifications to allow access through modem and to include the new source reduction data fields and relat- ed summary reports. The Commission enters selected data fields from Form R. The Commission has the equivalent of 1.5 personnel to manage the data, provide technical assistance, and oversee compli- ance from the 540 TRI facilities. The Com- mission also has enforcement authority. A recent U.S. EPA grant will allow the Com- mission to expand its enforcement efforts. The TRI program will continue to evolve in Minnesota both in scope and application. The Commission has recom- mended an SIC Code expansion at the state level, if no national expansion occurs. The Commission has identified a number of non-manufacturing sectors for expan- sion. Source reduction components will be reviewed to track pollution prevention progress and compared with reporting under the Minnesota Pollution Prevention Act. Annual reports issued by the Com- mission will be significantly changed to include source reduction information. Public outreach should expand consid- erably. Media and public interest in TRI data and pollution prevention progress will require the Commission to develop mechanisms for increasing data availabili- ty, for applying data at the local level, and for interpreting data in terms of health and environmental risks. Local communities will expect assistance from the state in negotiations between industry and com- munities on pollution prevention issues. Community Right-to-Know efforts may need to evolve into community right-to-act initiatives. Minnesota and other states will be faced with developing greater expertise in risk screening and communication and on the negotiations of "good neighbor" agreements. The Minnesota Department of Health has a key role in health risk assess- ments and has included TRI in its outreach efforts to physicians on environmental issues in primary care. The Department of Health has also prepared chemical fact sheets to explain the risks associated with the TRI chemicals that have the largest releases in Minnesota. Data quality will remain a concern about the TRI data. Proposed legislation in Minnesota would require greater moni- toring of toxic chemicals. Until media programs become more confident with TRI data quality, the opportunities for greater data integration will be limited. Finally, the Commission intends to encourage local emergency planning com- mittees to be familiar with TRI data, and to apply the TRI data in local planning for accident and pollution prevention. 112 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK III - ENFORCEMENT AND MULTIMEDIA PERMITTING The objective of this session was to explore the range of state compliance and enforcement activities, identify the successes of state, federal and citizen enforcement efforts, and identify opportunities for improving the EPA-state working relationship. Issues addressed during this session included: enforcement priorities of EPA and states, coor- dination between EPA and states, establishment of fee systems, conducting citizen enforcement action, targeting methods, and data quality enforcement. The panelists presented an analysis of their enforcement experiences, fol- lowed by a discussion between the track panelists and participants. Track Leader: Dennis Wesolowski, US EPA, Region V Track Coordinator: Bridget Sullivan, U.S. EPA, Office of Compliance Monitoring Panelists: Cindy DeWulf, Supervisor of TRI, OH EPA Steve Hanna, Chief, Environmental Information, CA EPA Casey Padgett, Environmental Action Suzy Peck, Toxics Use Reduction Program, MA Dept of Environmental Protection John Ridgway, CRTK Supervisor, WA Dept. of Ecology James Tinney, Director, PA CRTK Program 113 ------- TRI DATA USE AND POLLUTION PREVENTION Introduction The goals for the track were to ex- change information on options for the state section 313 enforcement or compliance programs, discuss appropriate roles for state EPAs, identify state enforcement priorities, and discuss enforcement poli- cies. This session made it clear that there is no right way to approach enforcement issues. A summary of the questions and issues addressed are highlighted below. What is the motivation for state enforce- ment compliance activities? The participants were in agreement that states have several incentives to make sure that the reported information is both accurate and timely. The following state responsibilities provide an incentive to en- force compliance: States supply the information from the reporters to the public, other state offices, and the media. States provide enforcement referrals for targeting to EPA regional offices. States provide information which is often cross-referenced with informa- tion collected under other regula- tions for data verification. States have the authority to collect fees associated with the filing and reporting. What authority do states have to engage in enforcement actions or TRI-related activities? State legislative activity is required for states which want to undertake enforce- ment actions; such authority is not re- quired for "compliance" action such as identifying facilities which have failed to report and urging them to do so or refer- ring these facilities to EPA for action. Of the states represented on the panel, three had enforcement for Section 313. In what types of enforcement and compli- ance activities do states engage? The states represented on the panel dis- played a range of program development in the enforcement area. As expected, the primary limitation to state enforcement program development is funding. One state in the panel, Ohio, was the recipient of one of the two EPA enforcement grants for FY92. The EPA panelist stated that the EPA has requested a very large increase in the funds available for state enforcement grants for FY93. The EPA panelist ex- pressed the hope that the state representa- tives attending the session would begin to think about which types of compliance and/or enforcement activities might be appropriate for their state and whether an EPA grant could help initiate those activi- ties. Ohio conducts inspections for non- compliance, by actually visiting facili- ties and issuing notices of violation from the Ohio EPA. Ohio collects sub- stantial penalties from facilities and tries to incorporate pollution preven- tion projects in their settlement agree- ments with facilities. Ohio is also be- ginning a data quality enforcement pro- gram. Pennsylvania has chosen not to act on its enforcement authority at this time, although they do make enforcement referrals to the EPA Regional Office and EPA has taken several enforcement actions as a result of this information. Pennsylvania does, however, penalize facilities for submitting their TRI forms late, thus creating an incentive for facilities to report on time. 115 ------- TRI DATA USE AND POLLUTION PREVENTION Massachusetts engages in a thorough quality control of all TRI submissions in the state. The state issues notices of non-compliance to facilities whose re- ports contain errors or suspect informa- tion. Facilities are given a period of time in which to submit a revised re- port, otherwise they are referred to the EPA Regional Office for follow-up action. Until recently, California has sorted the list of facilities reporting to EPA with those reporting to California and re- ferred to the EPA Regional Office. In the near future, California, with the assistance of a data quality grant from the EPA, will be identifying potential non-reporters. This information will be shared with EPA for possible follow-up enforcement action. California has no enforcement authority at this time. In Washington, the TRI program is very small and does not have enforce- ment authority; however, the program has used its resources creatively to effect compliance. State inspectors will be visiting every facility which must comply with Washington's new waste reduction law; these inspectors will identify which of these facilities are Section 313 facilities and will inform them of their reporting obligation. In an unique set-up, Washington state has given small grants to public interest groups which are trying to locate non- reporters. Funding and Resources Several states have some type of fund- ing for their TRI programs which they attained in a variety of ways. There was no consensus on which method is most effective in generating resources. Again, these suggestions are taken from states represented by the panelists. Ohio has a rotary account funded by fees collected from those who file on a yearly basis. Massachusetts has a substantial fee for filing which they have in a dedi- cated account. People were caution- ed that dedicated money cannot al- ways be used for TRI programs. It helps balance the state's budget to have $5 million sitting in an account, so often a state program never gets to use that money. California and Washington use a hazardous waste fee system. Pennsylvania had a one-time fee in 1989 which helped fund Local Emergency Planning Committee (LEPC) activities. In addition, they issue yearly fees based on the number of chemicals filed, up to the maximum of $5,000 per facility. Interaction with the EPA This issue was of particular concern to the EPA. They were pleased to find that states had good relations with their region- al contacts, indicating cooperation and information sharing between the groups and states. Citizen Enforcement Volunteer citizen's groups are an im- portant link in compliance and enforce- ment. Casey Padgett of Environmental Action explained how these groups can contribute to the enforcement effort. Mr. Padgett suggested that state should learn about citizen groups, and build trust and communication with these groups. En- courage these groups to use the EPA en- forcement response policy, which provides a solid basis for the assessment of penal- ties that companies have to pay. Lastly, Mr Padgett explained that Environmental 116 ------- TRI DATA USE AND POLLUTION PREVENTION Action, as well as other citizen groups, use supplemental and environmental projects, SEP's, to help mitigate that penalty. In- stead of collecting money and sending it to the U.S. Treasury, these groups explore pollution prevention activities for the com- pany and try wherever possible, to incor- porate these activities into settlement agreements with these companies. 117 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK 771 - PANELIST PRESENTATION SUMMARIES 119 ------- TRI DATA USE AND POLLUTION PREVENTION Cindy Dewulf Ohio EPA Question 1: What is the motivation for your state's enforcement/compliance activ- ities? What are your goals? Answer 1: The Toxic Release Inventory data provide a valuable source of infor- mation regarding the toxic releases in Ohio. While the data fail to provide the entire universe of toxic releases/ they do represent the majority of toxic releases from the manufacturing industries. These data cannot only be used throughout each media specific program within the Ohio EPA, but can also provide the public with an indication of the toxic releases within their community. Over 1,600 Ohio facili- ties report their toxic releases under TRI, and Ohio is ranked in the top 10 states in the county for every medium of toxic re- leases. Ohio EPA computerizes the TRI data and distributes the data to state agencies, the news media, and the public. Ohio EPA also publishes an annual TRI report which highlights the top facilities releasing toxic chemicals, and the top communities where toxic releases occur. Reporting facilities often find themselves in the head- lines and are also the target of voluntary reduction programs by Ohio EPA. When a facility violates the TRI reporting require- ments by not reporting, reporting incor- recfly, or even reporting late, the integrity of the data is jeopardized. While Ohio EPA continually updates the computerized database, the corrected data is not distrib- uted to all users. Failure to comply with the reporting requirements undermines the integrity of the TRI Program by denying the public their right-to know about the toxic releases within their community. The goal of the Ohio EPA is to bring all Ohio facilities into compliance with the TRI reporting requirements. As a compan- ion to a continual outreach program for facilities within Ohio, the enforce- ment/compliance activities increase overall compliance by the issuance of civil penal- ties to facilities which are found to be out of compliance, and by the issuance of press releases concerning these cases and settlements. These activities convey the message that TRI is not merely a report that is filled out and filed, but is a tool which is used through the Ohio EPA and the community. Question 2: What statutory authority does your state have? Answer 2: In December of 1988, the Ohio legislature passed the Ohio Right-to Know Law which encompassed all of SARA Title III. Ohio Revised Code 3751 addressed Section 313. This law granted Ohio EPA the authority to: (1) pass rules necessary to implement Section 313 consistent with the federal requirements, (2) collect filing fees which would support the administra- tion of the program, and (3) enforce the law by collecting civil and criminal penal- ties from facilities and individuals failing to report or falsifying data. Under this law, Ohio EPA promulgated rules covering TRI under Ohio Administrative Code 3745 Chapter 100. Specific enforcement language within the law authorizes the Director of Ohio EPA to request the Attorney General's Office, the County Prosecutor, or the City Law Director to bring an action to obtain civil penalties for violations. Rather than bringing an action to obtain civil penalties, the Director may issue an administrative consent agreement to correct the violations, which includes amounts in settlement of the Ohio EPA claim for civil penalties. The civil penalties are not to exceed $25,000 per violation. Each day constitutes a violation. Question 3: In what compliance or en- forcement activities does your state en- gage? 121 ------- TRI DATA USE AND POLLUTION PREVENTION Answer 3: The compliance/enforcement activities can be broken down by the fol- lowing potential violations: Non-reporting: Ohio EPA targets facili- ties' inspections using permit information, such as the air permits system and the RCRA annual generators report/ and in- dustrial guides, purchasing records, MSDS's and touring the facility. Facilities found to be in violation are subject to enforcement actions. An enforcement action will result even if a facility has previously reported for some chemicals, but has not reported for all required chem- icals. Ohio EPA has conducted approxi- mately 100 non-reporting inspections which resulted in thirty enforcement ac- tions. To date, administrative orders have been effective for resolving violations. Ohio EPA has developed a TRI civil penal- ty equation for calculating penalties. Fac- tors in the equation include the number of years for which the chemicals should have been reported, the amount of the chemical released into the environment, and the toxitity of the chemical. To date, collected penalties have ranged from $315 to $25,000. Late-Reporting: hi accordance with the fee program established by the legislation, facilities which report after July 31 are required to pay a late filing fee of 15% of the total filing fee. However, Ohio EPA believes that late reporting will have a significant impact on its ability to make the TRI data available to the public. Be- ginning with 1990 reports, enforcement action will be taken for reports submitted after July 31. No action is appropriate for facilities which are amending previous submissions. To date, Ohio EPA has is- sued warning letters to facilities which file late for the first time. A second violation results in a penalty of $100 per week. Only one case involving civil penalties for late reporting has been settled. Administrative Errors: Administrative errors are defined as clerical errors which are made by a facility when filling out Form R. The TRI staff reviews each sub- mission, and issues a letter to the facility notifying them that their filing is incom- plete and identifying the error. If a facility fails to file corrections within fourteen days, the agency will initiate enforcement action. To date, no enforcement actions have been issues. Technical errors and filing false infor- mation: The TRI Program operates a data quality assurance program which was initi- ated under the 1989 federal grant. Under this program, the TRI staff requests the documentation supporting release est- imates from targeted facilities. Technical errors are identified by Ohio EPA in which a facility does not estimate toxic releases in a competent manner (using standard engi- neering principles). The magnitude of error will determine the course of action. The Ohio EPA may work with the facility to correct the error, or the technical error may result in an enforcement action. A facility which submits false information will result in immediate referral to the Attorney General's Office. To date, no enforcement actions have resulted from this study. Question 4: Where in your state agency does your program operate? Answer 4: The Ohio EPA administers the TRI program within the Division of Air Pollution Control. All activities are operat- ed within the Central Office Division. Question 5: How is your program fund- ed? What is the funding and staffing level? How much of this is devoted to enforcement and/or compliance activities? Answer 5: The TRI program operates a rotary account which is funded through fees, enforcement monies, and federal grants. The level of funding is as follows: (1) fees - $175,000 to $200,000 per year, (2) enforcement monies are estimated to aver- age $100,000 per year, (3) federal grants - 122 ------- TRI DATA USE AND POLLUTION PREVENTION $100,000 data quality grant in 1990, $50,000 enforcement grant in 1991. The TRI Pro- gram current consists of one environmen- tal supervisor, three full-time environmen- tal engineers, a full-time clerical assistant, and a part-time college intern. The TRI staff works entirely on the TRI program, which includes enforcement/compliance activities. Question 6: What do you anticipate for the future of your program? Answer 6: Ohio EPA operates a fully integrated TRI Program. The program activities include: (1) maintenance of the TRI database, (2) a public outreach pro- gram which includes filing requests and issuing press releases, (3) establishing a TRI file/reading room, (4) a data quality assurance program, (5) a quality control program which reviews the TRI submis- sions for completeness, (6) an industrial outreach program, including the publish- ing of a TRI newsletter to update facilities on changes in the regulations, and activi- ties of the TRI Program, (7) a TRI inspec- tion/enforcement program for non-report- ing facilities, and (8) publication of an annual TRI report. Through the federal grant, the Ohio EPA has increased the number of non- reporting inspections which will be con- ducted over the next year. The Ohio EPA will continue its enforcement efforts, while it continues to ensure that the TRI data is provided to the communities. Question 7: What are your program's interactions with EPA? What is and is not successful in these interactions? Answer 7: The Ohio EPA maintains an informal agreement with US EPA Region 5 concerning enforcement. We exchange lists of facilities which are targeted for inspections, and agree not to duplicate inspections, or overfile enforcement ac- tions. This cooperation has been success- ful. Ohio EPA attempts to work with Region 5 and cooperate with them when- ever possible. Ohio EPA also maintains a good relationship with headquarters. EPA provides copies of the federal enforcement policy. This is helpful in evaluating the state TRI penalties. US EPA has always answered any questions that we posed. Additional Information: Ohio EPA has developed an enforcement policy and workplan which are followed to adminis- ter the TRI Reporting Requirements. Steve Hanna CAEPA I. California interacts routinely with US EPA Region 9 staff to synchronize the filers of states and federal copies of the TRI forms. California's primary goal in this instance is the improvement of data quality. II. The California TRI program has no statutory authority. III. The only compliance/enforcement activity we engage in is sharing our data with US EPA Region 9 staff. US EPA Region 9 has TRI enforcement authority in California. IV. The California TRI program is located within the California Environmental Pro- tection Agency, in the Office of Environ- mental Protection Information. V. The program is funded from hazardous waste fees which have been directed for the funding of EPCRA activities. Approxi- mately $120,000 is available annually; this funds one full-time high-level programmer analyst plus temporary help. Links to specific program activities such as pollu- tion prevention may develop. VII. We share our data freely with US EPA Region 9 staff as soon as it is available, which is within two months of the annual submitted. Our relationship with Region 9 123 ------- TRI DATA USE AND POLLUTION PREVENTION staff has been especially positive and coop- erative in nature. Casey Padgett Environmental Action A. Citizen Enforcement Action (1) What citizen enforcement has oc- curred? Citizens have sent several dozen Notic- es of Intent to Sue to alleged EPCRA viola- tors. Most of the early Notices were in Virginia, New York and New Jersey. Ad- ditional citizen enforcement efforts have commenced or are expected soon in Mary- land/ Michigan, Illinois, Texas, California and other states. Most of the EPCRA violations substan- tiated by citizens have been, or will be, resolved through negotiated settlement agreements or consent decrees entered with the courts. For example, Environ- mental Action Foundation (EAF), in con- junction with the Natural Resources De- fense Council (NRDC) and Trail Lawyers for Public Justice (TLPJ), entered a consent decree in a Virginia federal court resolving a Richmond company's eleven section 313 violations spanning three reporting years. The most significant aspect of this settlement is the requirement that the company investigate and implement ways of reducing its facility's use of chemicals subject to TRI reporting. The consent decree obligates the violator to spend at least $115,000 on "toxics use reduction" efforts as that term was defined in the decree. In exchange for this commitment, the money expended on toxics use reduc- tion efforts may be credit against the pro- posed penalty of $140,000. The salient feature of this and other EPCRA settlements reached by citizen groups is the emphasis on including in the agreement what the Agency calls "supple- mental environmental projects" (SEPs). In other words, rather than limit the scope of the EPCRA settlement to requiring the violator to submit TRI data and pay a civil penalty, citizen enforcement has focused on requiring multimedia pollution pre- vention efforts as a condition of settlement. (2) Where is citizen enforcement of EPCRA headed? Citizen enforcement of EPCRA report- ing requirements is likely to expand signif- icantly in the next few years for three reasons. First, the early court opinions that have addresses EPCRA citizen suite authority have confirmed the rights of citizens to enforce EPCRA reporting requirements, including the annual reporting deadlines, even if Form Rs are submitted prior to the filing of the suit. Second, the size of the estimated enforcement burden is so sub- stantial that the opportunity, and need, for citizens to devote resources toward en- forcement is very substantial. Third, as citizen organizations become more sophis- ticated in analyzing TRI data, their ability will expand to use these data to cross check a facility's compliance with other regulatory programs or evaluate the suffi- ciency of its TRI reports. (3) How can citizen enforcement be most effective? Citizen enforcement will be most effec- tive if it is coordinated with State and Federal enforcement efforts. Achieving the necessary coordination requires a willing- ness to work together on the part of all parties. B. What are the causes and solutions of the noncompliance problem? Based on EAF's experience, ignorance of the law and the potential consequences of being found in violation are major caus- es of non-compliance. Ignorance stems 124 ------- from two interrelated factors: a relative lack of company resources dedicated to environmental programs coupled with a reactive approach by the corporation to environmental requirements. Each factor contributes to the other. Although the capacity of enforcement agencies to educate facilities about their environmental obligations or persuade them to invest additional resources to meet those obligations is limited, targeted out- reach to small and medium sized facilities that explain the criteria which trigger EPCRA's reporting requirements, might be beneficial. The Agency might evaluate the viability of establishing some type of limit- ed amnesty period during which facilities could file delinquent reports without pen- alty. But when violators are discovered, penalty assessments and other settlement requirements must be significant enough to send a dear message. EPCRA viola- tions are not simply "paper violations" of no great consequence but instead are con- sidered just as serious as exceeding emis- sion limits or otherwise harming the envi- ronment. C. What interactions involving EPCRA enforcement between public interest groups, EPA and the States are success- ful and how can these relationships yield greater success? The interactions between EPA, State and public interest group representatives vary widely depending largely on the individuals involved. Generalizations, therefore, are difficult. Nevertheless, successful relationships are those which maximize the efficient and effective use of enforcement resources. To do this, individuals should communicate, cooperate and coordinate as much as pos- sible. TRl DATA USE AND POLLUTION PREVENTION Suzy Peck MA Department of Environmental Protection I. Motivation and Goals of Compliance Programs GOAL: To identify all "large quantity toxic users" and to ensure that they submit the Form R's, the companion state Toxic Use Reduction Form S's, and that the sub- missions represent good faith characteriza- tion of the facility. MOTIVATION: Massachusetts has a toxic use reduction act that has a goal of 50% reduction in the quantity of toxic chemicals wasted by 1995. The Act is based on the assumption that once compa- nies and the public realize the quantity of the chemicals they are wasting and ana- lyze the economics of various reduction strategies, companies will voluntarily re- duce waste. Thus, the law requires all large quantity toxic users to submit annual reports on their use of toxic chemicals and the progress they are making in toxic use reduction at the "production unit" level. In addition, these firms have to complete biennial toxic use reduction plans in which they evaluate alternative toxic use reduc- tion techniques, and state, which, if any they plan to implement DBFs main goal for enforcing TRI filing is to ensure that firms pay attention to their use of toxic chemicals, in order to achieve the waste reduction goal. In addition, the TRI data are important to help establish priorities for and among our media-based enforcement programs, and to help choose facilities that should be subjected to multimedia or "whole facility" compliance inspections. II. Statutory Authority The Massachusetts Toxic Use Reduction Act (TURA) gives us the authority to en- force the Form R and TURA filing require- 125 ------- TRI DATA USE AND POLLUTION PREVENTION ments, with automatic penalties for late payment of the fee and the authority to issue administrative penalties or civil pen- alties for failure to file the forms. III. Compliance/Enforcement Activities 1) Reviewing all forms for internal consis- tency and completeness, sending defi- ciency letters for forms that appear to be incorrect, sending notices of non- compliance for incomplete reports, follow-up enforcement as necessary. 2) Conducting multimedia inspections at 80 facilities. Inspections will include screening questions designed to deter- mine whether or not a firm should have filed TRI and TURA reports. We hope to expand this effort in future years. 3) Minimal efforts to review other data- bases (SEISS, previous year TRI filers, hazardous waste biennial reports, other EPCRA filings) to identify firms that potentially should file. This activity was done in one region last year, and we found an additional 10% of filers. This review has not been initiated in the other three regions as yet. 4) Eventually conducting compliance inspections of filers to review the "accu- racy" of the reports. 5) DEP has a database into which we are entering all of the TURA data, as well as the "release" data from the Form R's. This database is linked to our Air Pol- lution, Water Pollution and RCRA databases. IV. Program Organizational Structure DEP is a matrix organization. Staff are assigned to one of several Bureaus which have a programmatic orientation. They also are assigned to either regional offices which have an operational focus (permit- ting, inspections and enforcement), or to the central office which primarily has a program development and policy focus, but which also performs some operational functions that are too small to be decen- tralized. The TRI/TURA endorsement program is located in the Bureau of Waste Preven- tion which also includes the Air Pollution Control, Solid Waste Management, RCRA, and Industrial Wastewater programs. The reports are filed in the Boston office where the initial review for completeness and internal consistency and necessary formal or informal follow-up occurs. Screening inspections, and database reviews occur out of our regional offices. V. Funding The TURA program is funded with an annual fee that is based on the number of chemicals used and company size. The fee ranges from about $3,000 to a maximum of $31,450. DEP received $700,000 of this amount this year, and expects to receive about $1 million in future years. The rest of the approximately $5 mil- lion raised through this fee goes to the state's Office of Technical Assistance to help firms identify and implement Toxic Use Reduction techniques and to the Toxic Use Reduction Institute which provides training and research in toxic use reduc- tion. In addition, DEP has a pollution pre- vention grant which is funding some of our regional enforcement activities. Finally, the extent that the agency be- gins to incorporate TURA/TRI screening inspections into our routine "multimedia" inspections, the program will also be sup- ported by state appropriations, annual compliance fees paid by air and water pollution sources and hazardous waste generators, and by the federal air pollu- tion, water pollution and RCRA grants. 126 ------- TR1 DATA USE AND POLLUTION PREVENTION DEP probably spends about $150,000 on enforcement/ exclusive of the cost of devel- oping the reporting database management system. VI. Program Future DEP hopes to expand its compliance program along the lines outlined above. Additionally, once the TURA database is up and running and linked to DEPs "Fa- cility Master File", we hope to use the TURA, Form R data in conjunction with the data from our other compliance pro- grams contained in the FMF to help set agency wide compliance inspection priori- ties and procedures. VII. Relationship with EPA Current DEP receives assistance from EPA in the details of the From R filing requirements. We also send EPA copies of our Notices of Noncompliance for any "nonfilers" we discover through the course of our inspections. John Ridgway WA Department of Environmental Quality I. What is the motivation for Washing- ton's enforcement/compliance activi- ties? What are the State's goals? There are two primary factors which motivate Washington to improve TRI com- pliance and enforcement: coordinated compliance with the State's Hazardous Waste Reduction Act (HWRA); and a more complete knowledge of toxic releases in the state. The goal for the HWRA is a voluntary 50 percent reduction in hazard- ous waste generation by 1995. Goals for the TRI program are to obtain a more com- plete knowledge of toxic releases, includ- ing greater reporting compliance, increased local involvement between industry and community, and inclusion of toxic release data from facilities which are presently exempt from TRI reporting. II. What statutory authority does/will Washington's program have? Washington does not currently have statutory authority to enforce TRI report- ing directly. However, the State's various "Air Pollution Control Authorities" do have authority to require facilities, which release wastes into the air, to report direct- ly to those local authorities. Further, if the 50% reduction goal is not met in the vol- untary manner as established, the State plans to require hazardous waste reduc- tions. III. What are Washington's compliance and/or enforcement activities? As noted above, the primary enforce- ment activities are seen at the local (usual- ly county) level Enforcement varies amongst the different authorities, with the most assertive being the Puget Sound Air Pollution Control Authority (PSAPCA). PSAPCA tracks approximately 135 facilities in its four county region (greater Seattle). Specifically, PSAPCA requires air release information (of greater detail than TRI's) from facilities, including those that do not report under TRI. PSAPCA collects fees based upon the amount of reported re- leases. Further, they will begin tracking approximate releases from an additional 4,000 facilities not required to report (in- cluding gas stations and dry cleaners). They also have engineers who conduct inspections on-site and analyze the report- ed data for QA/QC purposes. The State's Waste Reduction Recycling and Litter Control (WRRLC) program will be quite active in monitoring compliance of the HWRA as it is implemented over the next three years. 127 ------- TRI DATA USE AND POLLUTION PREVENTION IV. Where in Washington do these pro grams operate? Washington's Department of Ecology has two programs which coordinate on TRI issues and compliance. One is the Information and Planning Section within the Solid and Hazardous Waste Program, which collects and manages the TRI data (and all other EPCRA data). The other program is WRRLC (see III.)/ which will oversee waste reduction efforts tied to TRI. V. What are the funding and staffing resources, and how much goes towards enforcement and compliance? There are three funding sources: Da portion (approximately $150,000 per year) of dedicated funds, based on fees from businesses which have hazardous materi- als on site, is used to find 1.5 full-time staff to maintain the TRI data and Com- munity Right-to-Know efforts; 2) a fee of $35 per facility covered under the HWRA, to fund the waste reduction planning ac- tivities; and 3) for the HWRA applicable facilities, there is a per-pound-of-waste fee to provide $1 million per year to cover technical assistance and administrative costs. Items 2 and 3 will finance approxi- mately thirty full-time staff to manage and provide technical assistance towards waste reduction efforts. VI. What are Washington's future an- ticipated program activities? Washington hopes to greatly improve its QA/QC efforts on the TRI data to im- prove its usefulness. Further, since the HWRA requires all TRI facilities to prepare reduction plans, coordination efforts to identify non-reporters are going to increase the EPA, hazardous waste (RCRA) inspec- tors, and local air authorities. Simulta- neously, the State must begin to make the information useful by targeting potential high-risk areas and following up with efforts to reduce those potential risks. VII. What are Washington's interactions with EPA, and what is/is not suc- cessful in those interactions? Interactions with EPA on TRI have been generally good but somewhat inter- mittent due to staff limitations at both the state and federal level. Waste reduction efforts have been somewhat awkward in the coordination of the 33/50 project with the State's program. James Tinney PA Dept. of Labor & Industry Slides provided on 129-136. 128 ------- SARA Title Ill/Act 165 Organization Structure in Pennsylvania PEMC PEMA Lead Role L&I DER HEALTH STATE POLICE PUC FISH COMM. TRANS. TURN- PIKE COMM. ARGIC. LEPC COUN- TIES -Report -CRTK -Outreach -Lead Agency on Response -Tech. -Tech. ------- SARA TITLE Ml EMPLOYER REPORTING TOXIC CHEMICAL RELEASE INVENTORY FORMS Total Number of Facilities 1987 862 1988 1,077 1989 1,175 1990 1,199 Chemicals Reported 1987 3,560 1988 4,399 1989 4,528 1990 4,297 ------- 8.00% 214)0% 329 Requests 1.00% SARA ii FLE III REQUESTS FOR SUBMISSIONS INCEPTION TO DATE 90,132 Pages 11.00% 3.00% 16.00% Community (40%) B Spec* Interest Group (16%) Government (3%) B Media (21%) IE Lawyer (8%) D Consultant (11%) DLEPC(IX) 10.00% TRI<83%) Dottier (2%) @ Reports (5%) B TIER 11(10%) 83.00% ------- SARA TITLE III COMPLETED INQUIRIES 157 Inquirers Requested 14,909 Equalling 74,545 Pages 6 Consultants 7 Government 10 Lawyers 33 Special Interest Groups 38 Media 63 Community Members (2,843 Facilities) LL01-9I ------- SARA Title III TRI Submissions Fees Based on the 1990 Reporting Year Number of Chemicals Number of Facilities Fee x$250 ($5,000 Max) Revenues $101,500 106,000 20,000 70,000 64,000 58,500 27,500 ,750 5,000 5,000 5,000 ------- HAZARDOUS MATERIAL RESPONSE FUND STATUS OF RECEIPTS AND COLLECTIONS AS OF DECEMBER 1, 1991 Current Fund Balance $2,546,270 RY Report Facilities Chemicals 1990 TierU 6,408 33,649 1990 TRI 1,214 4,298 ------- Commonwealth of Pennsylvania - TRI Compliance Penetration Based on SIC Comparison (10 or more employees) 1244 20 1451 Potential Universe TRI Submissions 200 400 600 800 1000 FACILITIES 1200 1400 1600 ------- Commonwealth of Pennsylvania - TRI Compliance Penetration Based on SIC Comparison 544 2796 Potential Unive TRI Submissions 500 1000 1500 FACILITIES 2000 2500 3000 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK IV - PROMOTING USE OF TRI DATA The objective of this session was to exchange informa- tion about innovative ways in which TRI is being dissemi- nated and used. Speakers described their experiences as information providers, as well as users. This set the stage for "focus groups/1 where participants explored alternatives for accessing/receiving the TRI tools for data analysis and manipulation, and linking TRI with other information sou- rces to expand its usefulness. Speakers in the sessions included approximately 60% state and federal officials and 40% public interest, acedemics, and industry representa- tives. Track Leader: Linda Travers, U.S. EPA, Office of Pollution Prevention and Toxics, Information Management Division. Track Coordinator: Jan Erickson, U.S. EPA, Office of Pollution Prevention and Toxics, Information Management Division. Panelists: Karl Birns, Manager, R-T-K, KS Department of Health and Environment John Chelen, Director, Unison Institute Terry Greene/ Research Associate, JSI Research & Training Institute 139 ------- Introduction Several issues were explored through- out the presentations including: Which other databases need to be utilized to en- hance TRI's utility? How does the infor- mation get out to the public? What are the best means to do that? What are the dis- tribution chains? Should they be coming from the federal and state level? Should there be people who are in-between? What are the types of support that the various programs need? Who is the pub- lic? Four major categories surfaced from these questions: 1) data linkage; 2) out- reach efforts; 3) data use and; 4) media use of the data. Below is a summary of these four categories. Data Linkage Data linkage is the networking or ac- cessing of other users' databases. The lack of data linkage, or even the lack of know- ledge of the various available databases, by the federal and state governments was a major concern of the panelists. The participants definitely believe linkage to other databases (i.e., health, environmental, census) would be beneficial. A point that came up in several presen- tations, was the separation of the 313 pro- gram from the other EPCRA programs: sections 302,304,311,312. Some people felt that there is a real advantage to coordi- nating those programs at the federal level and state level. This coordination would also encourage better linkage of data. Such linkage is important for programs that automate the 311 and 312 data, for they could analyze that data along with the 313 data. Outreach Outreach activities are programs that try to educate potential TRI users about use of data applications, in order to build TRI DATA USE AND POLLUTION PREVENTION a constituency for the TRI data at the local level. These activities are an important link between the federal and local levels. The panelists pointed out that outreach programs have been under-funded at all levels. The group suggested more involve- ment by Local Emergency Planning Com- mittees (LEPCs), and turning LEPCs into a more formal mechanisms of outreach. Some states are already using LEPCs, oth- ers are not using them at all. LEPCs should be made stronger in all states, be- cause they offer an opportunity to get down to the local level. A major question facing outreach pro- jects is how to get more funding: Many outreach programs do not even have the resources to do demonstration projects that help build a constituency. Without a con- stituency, outreach programs will be un- able to pressure for more resources the cycle continues. The Information Management Division at U.S. EPA has an outreach effort that has low level funding called the TRI User Support Service, or 'TRI Us." Publicity for the program is limited because it is sup- ported by one person who dealt with about 1,000 requests last year. The group encouraged the EPA to obtain more re- sources for 'TRI US", because it provides an opportunity for EPA to give people actual data analysis, and tell them about other data solutions. In addition to state and federal agen- cies, intermediaries such as public interest groups, are an effective means for getting the information to the public. Finally, education is a long-term prob- lem. A good method to get die informa- tion out into the community is through the schools at all levels, including intermediate and secondary. 141 ------- TRI DATA USE AND POLLUTION PREVENTION Data Use Data use had some overlap with the data linkage. There are interesting activi- ties occurring at all levels with TRI, but no mechanism is available to let users know what other users are doing. A strong point was made that informa- tion is not only needed at the national and state level, but is also needed at the local level. Local officials are potential TRI users for their land use and pollution pre- vention planning, and environmental tar- geting. Some states successfully dissemi- nate this information. Others, because of resource constraints, are unable to reach the local level. An interesting TRI data application sur- faced during these discussions. In Missis- sippi and Louisiana, TRI data are being used for tax purposes based on levels of releases. Such programs will be of interest to other states, again indicating a need for information sharing. When using TRI data, one must re- member that TRI is the beginning point for helping to screen release information. It is not data that will tell you about a particu- lar risk in a community, for which addi- tional data is needed. The consensus was that availibility of the tools is not a barrier to TRI - the tech- nology is available. In some cases, it is a question of resources, but in many instanc- es lack of awareness is a greater barrier. Uses of geographic tools, in particular, is increasing rapidly. GIS applications are of great interest to the states in using the TRI in combination with other data. Media Use of the Data Media and press coverage have a major role on the impact that the TRI data have on users, legislators, and industry. The morning session felt that the press was underutilized, and that there needed to be ongoing press coverage, not just once a year when the data are released. The afternoon session, held a completely op- posing view and thought that they needed to work with the press to orient them toward general public use of the data, and not to simply publicize the aggregate num- bers, which simply highlights the biggest and the worst of each category. They did agree, however, that the length of time it takes the EPA to process the data is a significant issue. Often in- dustry can provide their information to the public, prior to even reporting date, so they are getting press information out prior to July 1st. The group suggested that more emphasis be placed on industry to provide the information on magnetic me- dia, which would speed up the processing time. 142 ------- TRI DATA USE AND POLLUTION PREVENTION TRACK IV- PANELIST PRESENTATION SUMMARIES 143 ------- TRI DATA USE AND POLLUTION PREVENTION Karl F. Birns KS Department of Health & Environment It is a great pleasure to be here today and talk to you about the tools available to assist in understanding Title III data. Right-to-know implies the right-to-act. Action is the final step of a process built upon data. We, in the information man- agement field, can view this process as taking data, converting that into informa- tion, which is further acted upon to pro- duce knowledge. With that knowledge, we can then make informed decisions resulting in action. These actions may include regulation, clean-up, risk mitiga- tion, and other managerial decisions on where to commit scare resources. When Title III, the Emergency Planning and Community Right-to-Know Act, was mandated to the states, the Kansas legisla- ture acted to implement its provisions under the sanction for state statute. Our own Kansas Emergency Planning and Community Right-to-Know Act K.S.A. 65- 5701 et.seq. established the authorities of the State Emergency Response Commis- sion (SERC) and authorized the Kansas Department of Health and Environment and the Adjutant General's Department, under the direction of the SERC, to carry out the federal mandates. This state data system is linked to local users through a state-wide CAMEO network. The state of Kansas provides data entry for all the Title III information and downloads it through state provided CAMEO network. The state of Kansas provides data entry for all the Title III information and downloads it through state provided CAMEO software to LEPCs and other selected users. Includ- ed with the downloaded facility informa- tion, the state provides response informa- tion data sheets (RIDS) and U.S. Census Service maps (Tiger Files). In addition to the software, the state also provides user training. As an adjunct to the ongoing functional capabilities of the data management sys- tem, we have applied for and received OTS and OSWER grants in fiscal years 1991 and 1992. These grants have been used to support research in data manage- ment and usage. Last year we developed an expert system for identifying facilities that were not complying with Title III and which should have. This expert system was based upon the development of a learning system using extensive existing data on commercial facilities. The learning system identified key attributes associated with Title III compliance and these attrib- utes and associated rules were incorporat- ed into the expert system. This allows the expert system to analyze pre-existing data on a facility to determine if it is a potential Title III facility and to what level of proba- bility. The prototype system was demon- strated at the National Governor's Associa- tion National State Emergency Response Commission Meeting in Kansas City last November and is available for demonstra- tion at the conference. In Kansas, we have accomplished this by providing the support CAMEO net- work at the local level through Local Emergency Planning Committees and other emergency responders. We would like to further expand this system to allow immediate access by the public through local libraries and by personal computer through modems. Ultimately, however, this information is meaningless without an understanding of the health and environ- mental impact of hazardous chemicals. The failure of the scientific community, both public and private sector, to study the interactions between chemicals, and the ef- fects of chemicals and multiple chemical mixtures on health and the environment will continue to undermine the credibility of risk assessment based upon TRI or other Title III data. At this time, to err on the side of safety and protection of the world we live in is the only rational course avail- able to us. 145 ------- TRI DATA USE AND POLLUTION PREVENTION John Chelen Unison Institute Based upon the RTK NET experience working with users of the TRI data, I de- scribed the aspects of public access that should be emphasized. First, public access should be seen as a mixture of four func- tions: Information and referral Communications Technical Assistance Technical Training These functions should be focused with the following assumptions in mind: Databases should be organized around "facilities" as the basic unit of analysis Tools should be available for a variety of users, ranging from notices to experts Target users are knowledge workers who rely upon PC's and typical PC-based software Data should have both a local and national focus - local in format and layout to help grass- routs, national in scope so that it is useful anywhere in the country The RTK NET experience emphasizes that several additional pieces need to be added: More data are necessary, both a broadening of TRI itself, and linkages to several key EPA databases on permits; Better tools are necessary for analyzing the data; these tools relate to alternate options for cross-linking files A larger base of cross-sector groups and users is necessary to further address toxic use reduction and pollution preven- tion options Better networking is necessary to better address common is- sues and approaches More training is necessary to adequately reach community activists who can help advance TUR and PP goals The publication of TRI data must significantly be accelerat- ed to take full advantage of it is inherent value Terry Greene JSI Research & Training Institute "We need new, systematic means for getting information into people's hands, and for teaching them how to use it. Information is power, but only if you know how to use it. Information by itself is impotent." Peter Montague The availability of the Toxic Release Inventory represents a major step forward in fulfilling the public's right and need to know about chemical hazards in their communities. The collection and dissemi- nation of such data contributes to vital public participation in the protection of each communities health and environment. However, data provision alone is not adequate. A need exists to concurrently provide the resources which will allow the data to be understood and utilized. Through JSI's community technical assis- tance program, funded by a grant from the C.S. Mott Foundation, JSI strives to con- 146 ------- TRI DATA USE AND POLLUTION PREVENTION tribute to this goal by providing consulta- tion services to community/ labor and environmental groups. Some community groups call JSI be- cause they know they have a local source of pollution and want to know possible health effects. Other groups call because community members are experiencing health problems and want to know wheth- er hazards in the environment might be a cause. Using the RTK-NET database as an access point to the TRI, we have respond- ed to a number of requests for information about toxic releases. Cape Cod residents/ for example, are using a report on industry discharges to Boston Harbor to push for better treatment and source reduction. Communities such as North Andover, MA, have examined TRI releases, while evaluat- ing plans to site new facilities in the com- munity. Citizens in Deny, NH are con- cerned about high rates of childhood brain cancer, used the TRI in efforts to locate and diminish potential risk factors for the disease. We generally recommend that commu- nity groups use the TRI data as a start point for understanding potential expo- sures. There are, of course, important caveats in the use of TRI data, including the following: 1. It covers only a fraction of the potential sources of exposure in a community; 2. It is only recent data, and ef- fects from chronic exposures or exposures twenty or thirty years ago cannot be inferred from TRI data; 3. The connection between docu- mentable health effects in the community, such as unusual reproductive outcomes, cancer incidence, or mortality of a variety of types, and emissions from plants is based on "ecolog- ic" reasoning and is not a statement of cause and ef- fect." Nevertheless, the TRI can be extremely valuable, especially when put together with other information on federal and state databases, as well as historical information about industrial practices, along with toxi- cological and health data, to begin to de- scribe the environmental health of the community. To supplement our direct consultations, we have developed a tutorial entitled "ENVIRONMENT AND HEALTH: Invest- igating Community Environmental Health Problems", which describes this process using a case study of Woburn, Massachu- setts. The Woburn community faces ele- vated rates of childhood and adult leuke- mia, kidney and liver cancer/ colo-rectal cancer, birth defects, heart system, immune system and nervous system disorders. The Toxic Release inventory for Woburn in 1987 showed 766,794 pounds of annual hazardous releases, 489,038 pounds of this total are air releases of dichloromethane - noted on the Massachusetts Substance List to be a carcinogen and an "extraordinarily hazardous" substance. (An important note of success for both the TRI and TUR pro- gram as well as citizen efforts is that the Woburn facility releasing dichloromethane has switched to an aqueous based process, which they expect will eliminate these emissions.) The TRI offers a glimpse of but one piece of the picture. The City has been plagued by over 150 years of improper waste disposal practices. With two Federal Superfund sites and 40 state Superfund sites, its highly contaminated water supply was in use for over 15 years. The tutorial is based on the actual experience of a com- munity group in Woburn which has at- tempted to address these problems, and may serve as a model for groups in other communities. 147 ------- TRI DATA USE AND POLLUTION PREVENTION The tutorial emphasizes specific details on how the TRI information can be ob- tained, what is and is not reported, and both the advantages and limitations in using the data for community health pur- poses. The tutorial proceeds to describe how to obtain and use complementary information on health in order to interpret release data. Sections of the tutorial are also devoted to finding and analyzing sources of public health information that can help determine the status of health in the community. Finally, means of using the information to protect the community health, among them fostering toxic use reduction efforts, are pointed to. 148 ------- TRI DATA USE AND POLLUTION PREVENTION ROSTER OF ATTENDEES 149 *U.8. GOVERNMENT PRINTING OFFICE: 19B2-624-327 ------- Last Nimt Allen Atman Amato Anderson Ande no n-Ubar Anthony Au Aucott Avula Bailey Bator BaHard Bero Biorman BPkovich Blms Bonlna Bowen Bradford Brockmlllar Bromley Browne Brucker Bunting Burke Burke Bums Butcert Byestewa.Jr. Cahllane Catey Capozzol Cm Carrol Carter Caihb CasaeU Chelan ChHde Flrel Name David Kristy Muy Woodman Frank Jeany ThelmaY. Leslie K.L Mfchaei Pravin Martin (Buzz) Rachel Margaret Kathy Robert L WKamW. Karl George Chris Joseph Mary Winlred Roberta James Ken Helen James J. John David Eden Connor Matthew Joanna Lisa Lewis Sandra Keith R Cathy Robert John RyanH. Till* Dept of Chemical Engineering Conference Coordinator EPCRA Technical Assistant Environmental Specialist Environrnental QuaDly lexicologist Research Scientist Data Specialist Economist Assistant Director Director, Miwaukea Senior Environmental VP - Pollution Prevention Manager, RfchMo-Know Deputy Director Coord., Waste Reduction EOS Senior Env. Coordinator TRI Project Manager Research Engineer TRI Coordnator Chiet.Toxka a Pesticides Special Project Officer Environmental Advocate Env. Protection Officer Environmental Specialist TRI User Support Lib. Computer Programmer Clean Air Act Coordnator Pollution Control Specialist Public Education Coordinator Environmental Associate Director Environmental Engineer Organization UCLA SAIC WPLInc. US. EPA. Region VI - Toxics LA DepL of Environmental Quatty LDEQ Hawai DepL of Health NJ DEPE, Office ol Pollution Prevention Tulane University Hazardous Waste Research & Info Center Research Triangle Institute Idaho Emergency Response Commission Lake MfcHgan Federation IN DepL of Environmental Management Environmental Quality Corporation KS DepL of Health 4 Environment Office of Prevention. Pesticides & Toxic MS DepL ol Environmental Quality LDEQ Amoco Corporation Colorado Dept. of Health University of California UCLA School of Engineering Dept. of Environment a Conservation US. EPA. Region IX US. EPA. Region III MS Emergency Managment Agency OK State Dept. olHealh Colorado River Indian Tribes NH Division of Public Health Sherwh-WJIiamsCo. Labat-Anderson PR Environmental Quality Board Nevada Bureau of Air Quafty Alabama DepL of Env. Managment GuH of Mexico Program Eastman Chemical Company Unison Institute US. EPA Street 5531 Boeder Hal 7600-ALeesburgPfke PO Box 2077 1445 Ross Ave. 7290 Btuebomet P.O. Box 82178 500 Ala Moana Blvd. * V-250 C CN402 1430 Tulane Ave. One EHazeKraod Drive 3040 Comwafe Road 1410fiHilon 647 W.Virginia St. »301 105 S. Meridian Street 259 Tmbertane Road 107 S.W. 9th. Suite SOI 401 M. Street. S.W. 2380 Hwy 80 W. 39204. Box 10385 P.O. Box 82178 200 E. Randolph Drive 4210 E. 11th Avenue 48-121 Engineering IV 56-147 Engineering IV 83SNeaxtop Drive 75 Hawthorne Street 844 Chestnut Street 1410 Riverside Drive 1000 N.E. 10th Street Route 1, Box 234 6 Hazen Drive 101 Prospect Avenue 401 M. St. S.W.. NEB 002 TS-793 40 SO 1558, La Rivera 123 W. Nye Lane.CapHol CompL 1751 Cong W.L Dickinson Drive Rm. 202. BUg. 1103 P.O. Box511.B-S4D 1731 Connecticut Avenue, NW 401 M. Street City Los Angeles Falls Church Cambridge Dallas Baton Rouge Baton Rouge Honolulu Trenton New Orleans Champaign Research Triangle Pk Boise MJwaukee Indianapolis Tallahassee Topeka Washington Jackson Baton Rouge Chicago Denver Los Angeles Los Angeles Nashville San Francisco Philadelphia Jackson Oklahoma CHy Parker Concord Cleveland Washington RioPietras Carson CHy Montgomery Stermis Space C Kings port Washington Washington State CA VA MA TX LA LA HI NJ LA IL NC ID Wl IN a KS DC MS LA IL CO CA CA TO CA PA MS OK AZ NH OH DC PR NV AL MS TO DC DC Zip Code 90024 22043 02138 75202 70810 70884-2178 96813 08625-0402 70112 61820 27209 83706 53204 46206 32312 60612 20460 39289-0385 70884-2178 60601 80220 90024-1597 90024 37205 94105 19107 39202 73117-1299 85344 03301 441 IS 20460 00981-1415 89710 36130 39529 37662 20009 20460 Telephone (910)206-0300 (703)821-4727 (617)864-2042 (214)655-7244 (504)7654672 (504)765-0353 (808)586-4250 (609)777-4323 (504)866-5198 (217)244-8902 (919)541-5847 (208)334-5888 (414)271-5059 (317)232-8424 (904)386-7740 (913)296-1690 (202)260-3938 (601)961-5321 (504)7654)353 (312)856-5879 (303)331-4843 (310)825-9610 (310)393-0411 (615)741-3657 (415)744-1105 (215)597-8598 (601)960-9975 (405)271-7353 (602)662-4336 (603)271-4664 (216)566-1768 (202)260-0568 (809)766-2883 (702)687-5065 (205)260-2717 (601)688-7015 (615)229-5312 (202)797-7200 (202)260-7035 ------- Last NWM CMwood Ctaudto CWand-Hamnea Cony Coda Grig Oaten D«₯ Daasioo DtfMfat DeWul Dk* Drummings Durenberger EHer Eiiwiy English Erlckson Evans FKFH Ferguson Fesco Fhn Fbhw I^P"1** Fndwid Ffssjnan Frumin Oagnet Gsftntth Gales Garrahan Gaiter Gibson OB GWen Glover Glover Goodner First Nam* John Ffsincfeoo IfliMfwi. WIVI HJy Oga RobMt Jim TtoyW. 8uMn David JohnM. Cindy Kevin Hanfel David Stanley Elizabeth M. Tom Jan Audrey Andrea K. JaequolynD. Been A. Robert Unda UM ADc* Alison Eric AlanJ. Myr« Lawrence A, Kevin Kan Etean Sheer! A. Art Sammy Slava Joa Till* Environmental Managar Air Division Special Assistant Senior Associate Acting ChM Engineer Envlrofunanlal PoHcy Analyst Pofcy Spadalst SopervfeorolTRI Managar, Business Env. Senior EvaJualor Senator Staff Attorney Environmental Engineer Director, Env. Programs Computer Systems Analyst Comm. Outreach Coordinator Manager, Pol Prav Program Environmental Engineer Env. Protection SpadaBst Planntrg Specialist Assistant Administrator Tech Info Specialist Emergency Response Coord Env Protection Specialist Director. Occupational Safety Vice President Chief, Information Mansgment Programs Administrator Chief, Exposure AppL Director Env. Protection Spedafcst PoEcy Analyst Director. Env. Affairs District Managar Senior Engineer, Environment Managar, Emergency Planning Organization Alabama Dept ol Erw. Managmenl PR Environmental QuaBy Board U^. EPA. Office ol the Admin. US. EPA. Poautton Prevention ICF. Inc. US. EPA, PoDUton Prevention Div. Texas Air Control Board Abt Associates Inc. U.& EPA, Region X NIEHS Onto EPA U. of Nevada, Smal Business Dev. U.S. General Accounting Office US. Senate (UN) Natural Resource Council of Maine BCP Santa Clara County Mfg. Group U.S. EPA, OHice ol Pollution Prev. Tulane Environmental Law Clinic DE Dept. ol Natural Resources ft Env. U.& EPA, Region VII US. EPA, Ofe. ol Pollution Prevention AR, DepL of PolUton Control U.S.EPA.OPPTS U.S. EPA, OPPTS Library LA DepL of Environmental Qoaity U& EPA. OPPTS Amalg. CWWng ft Tex«e Worker-s Union Environmental Quality Corporation U.S. EPA, OHIc* ol SoHd Waste OK Slate DepL of Heath U.&EPA Toxics Use Reduction Institute U.S.EPA U.S. EPA BASF Corporation Amalg. Clothing ft Textile Worker's Union Weslinghouse Savannah River Co. IBnotoEPA Street 1751 Cong W.L Dickinson Drive P.O. Box 11488 401 M. Street, S.W. 401 M. Street, S.W. 9300 Lee Highway 401 M Street SW 12124 Park 35 Circle 55 Wheeler Street 1200 Sixth Avenue (HW-1 17) 111 Alexander Dr.P.O Box 12233 1800 Watermark Drive College of Bus. Admin., MS032 200 W.Adams, Suite 700 271 Stale Street P.O. Box 427 5201 Great America Pkwy. M26 401 M. Street, S.W. 7039 Freret Street P.O. Box 1401. 89 King's Hwy. 726 Minnesota Avenue 401 M. Street, S.W. P.O. Box 891 3 401 M. Street, aw. 401 M. Street, S.W. 7290 Bluebonnet Blvd. 401 M. Street. S.W. (TS-779) 15 Union Square West 259 Tmberlane Road 401 M. Street. S.W. 1000 N.E10lh Street 401 M. Street, S.W, (RCW89) Unfv of Massachusetts - Lowell 401 M. Street, S.W. (TS-779) 401 M. Street, S.W. 8 Campus Drive P.O. Box 1332 P.O. Box 616, BWg. 742-A 2200 ChUtcHB Rd, Box 19276 City Montgomeiy Santurca Washington Washington Fairfax Washington Austin Cambridge Seattle Research Tr. Pk Columbus Ram Chicaeo Washington Augusta Geismar Santa Clara Washington New Orleans Dover Kansas CHy Washington Little Rock Washington Washington Baton Rouge Washington NY Tallahassee Washington Oklahoma City Washington Lowell Washington Washington Parsippany Andalusia Aiken Springfield Stet* AL PR DC DC VA DC TX MA WA NC OH NV IL DC ME LA CA DC LA DE KS DC AR DC DC LA DC NY FL DC OK DC MA DC DC NJ AL SC L Zip Cod* 36130 00910 20460 20460 22031 20460 78753 02138 98101 27709 43215 89557-0100 60606 20510 04330 70734 95054 20460. 70118 19903 66012 20460 72219-8913 20460 20460 70810 20460 10003 32312 20460 73117-1299 20460 01854 20460 20460 07054 36420 29802 62794-9276 Telephone (205)260-2702 (809) (202)260-4724 (202)260-7876 (703)934-3544 (202)260-4168 (512)908-1541 (617)492-7100 (206)5534501 (919)541-5141 (614)644-3606 (702)784-1717 (312)220-7600 (202)224-3121 (207)622-3101 (504)387-6101 (408)496-6801 (202)260-9389 (504)8654789 (302)7394822 (913)551-7310 (202)260-7232 (501)570-2861 (202)2604090 (202)260-1545 (504)7654648 (202)2604608 (212)2424700 (904)386-7740 (202)260-4744 (405)2714056 1202)2604588 508)9344275 (202)2604449 (202)2604669 (201)3974835 (205)222-1129 803)725-4953 217)524-1008 ------- Last Hum Green Green* Greenwood Graves Grey Guka Hadden.Jr. Hafey Hate Hal Hal Hamtton HammaB ||M .- III! Ill muuiiiuMiuiii Harm Hansen Harris Haitt Hassetl UfW* HflXIOn Head Heame Heknan Uan nvfz H9 Ha HI) Hi Hflsr HoH Haksy HoBster Hudson Husnefgardt Hughes nnes Jacks Jackson James First Nam* Susan Teny Mark racnvo T . Has) Gary W. Jarnes Carton D. Vfcki Loren Mke Gary R Bruce Karen Stephen D. kiefl Cathy L Jerry Kathy lifnnrim VHUUH Rsbecca Shelley A. MehaelK. UMRaam 1 VnHOTl v, Caroline K. Don MeredHh PaulL Emerson Metafile Tammie Sondra Valerie George K. : Joseph T. Al WillamB. DarmyS. { Dick Till* Environmental Analyst Research Associate Director Environmental Specialist III Hazardous Materials Division President TRJ Program Manager GIS Chief, RRGS/RGDS n.m alrfnrj rrewOvni Systems Analyst LA OB Soil Coordinator Senior Environmental Scientist CNef. Env. Information CRTKSpedaBst Env. Program Manager Environmental Specialist Secretary Env Protection Spocinltet Director Research Sdontist Assodat* Professor Dinctor.Technical Iran. Director, Technical Assistant Env. PoRcy Specialist President Consultant Staff Assistant Chemist Deputy Commissioner AfrQuaByEnvironmentalW Hazardous Waste Expert Associate Director _ . i r i Environmental engineer Chief, Asbestos 4 Toxics Technical Assistant Organization DepL of Environmental Protection JSI Research ft Training Institute U.S.EPA.OPPT Stale of Maine DEP-BAQC National Environmental Law Center Agency of Natural Resources Intelligent Advisors, Inc. US. EPA, Region IV US. EPA. Region VII U.SEPA.OPPTS Regulations Management VIGYAN, Inc. Office of the Governor U.S.EPA(RD-689) CaHomiaEPA DepL of Ecology VA DepL of Waste Management C-K Association, Inc. AZ Division of Emergency Services J.S.EPA Washtenow County ECO NJ Office of Pollution Prevention Dickinson College JniversHy of Alabama Chemical Eng. MSSTAP MISSTAP PA DepL of Environmental Resources National Institute for Chemical Studies }ata General Corporation CEPP.EPA Nebraska DepL of Environmental Control U.a EPA, OPTS, OPPTS, EED KY DepL lor Environmental Protection UUlf4illa_du4nuitnk f^nnntu Unnfth FVtcnlta uoogwiCK uounry neann dlEHS Worker Training Program WWTAR American CyanamU Company MS DepL of Environmental QuaRy US. EPA, Region VI Street One Winter Sleet, 7th 210 Lincoln Street 401 M. Street, S.W. State House Station 17 29 Temple Place, Second Floor 103 South Main Street 2400 Weslover Road 345 CourUand Street 226 Mtoneaota Avenue 401 M. Street. S.W., TS-778 201 Dorrington Blvd. 6203 LeesburgPk. MOO P.O. Box 94004 401 M. Street. S.W. 555 Capitol Mall Mai Stop PV-11 101 North 14th Street 17170 Perkins Road 5636 E.McDowel Road 401 M. Street, S.W. 101 E. Huon/P.O. Box 8645 CrW02 Env. Studies/James Center P.O. Box 870203 Drawer CN Drawer CN P.O. Box 2063 2300 MacCorkle Ave., S.E. 3400 Computer Drive 401 M. Street, S.W. P.O. Box 98922 401 M. Street, S.W. (TS-798) 18 Rally Road 1 900 E. 9th Street P.O. Box 12233. MD-1802 1313 5th Street, S.E. 10800 River Road 2380 Hoghway 80 West 1445 Ross Avenue City Boston Boston Washington Augusta Boston Waterbury Austin Atlanta Kansas City Washington Metairie Falls Church Baton Rouge Washington Sacramento CKympia Richmond Baton Rouge Phoenix W&shinoton Ann Arbor Trenton Carlisle TUBCflloOfifl MS Stale Miss State, MS Harris burg Charleston West bo ro Washington Lincoln Washington Frankfort WfchHa Research Tr. Pk Mnneapols Westwego Jackson Dallas Stata MA MA DC ME MA VT TX GA KS DC LA VA LA DC CA WA VA LA AZ DC Ml NJ PA AL MS MS PA WV MA DC NE DC KY KS NC MM LA MS TX Zip Coda 02108 02111 20460 04333 02111 05671-0404 78703-1216 30365 66012 20460 70005 22041 70804-9004 20460 95814 98503 23219 70810 85008 20460 48107 08625-0402 17013 35487 39762 39762 17111 25304 01580 20460 68065 20460 40601 67214 27709 55414 70072 39204 75202 Telephone (617)292-5582 (617)482-9485 (202)260-2090 (207)289-2437 (617)422-0880 (802)244-8702 (512)474-4719 (404)347-1033 (913)551-7247 (202)260-3931 (504)832-3031 (703)931.1100 (504)342-7015 (20212604919 (916)324-9924 (206)459-6312 (804)225-2631 (504)755-1000 (602)231-6346 (202)260-2709 (313)994-2398 (609)984-5339 (717)245-1338 (205)348-1102 (601)325-8454 (601)325-2480 (717)772-2724 (304)346-6264 (508)366-8911 (202)260-4514 (402)471-3378 (202)260-3390 (502)564-2150 (316)268-8351 (919)541-0217 (612)379-5995 (504)431-6259 (601)981-5171 (214)655-2277 ------- Last N»me Johnson Johnson Johnson Johnston Jones Juchate Juras Kate Kale Kate Kartez Kaster Kenneally-Baxter KBberg KRpatrick Kleiner Knight Koch. Jr. Ku Kuzmack Lwigborsl Laska tayne Lemcfce Lepislo Debt Lindsey Unn,Jr. Loon* topaz Macto Matek-Witey Markos Martin Marting McDonald McLaughSn McManus Meredfth Flrat Nam* Janice MaxD. Sharon JonD. Cathy Amy Mfchael Gerald A. Je ruder Stanley P. Jack Pam Sharon ErioJ. EmUy RttnVu Maurice CarlM. Calvin Arnold M. David Shirley Wwvbn Bob Christy DavidS. JoelL MS. Jim Nora Carole Darryl Cynthia Dean Robert E Kevin Louise Dorothy David Title EPS Chemical Safety Chief Environmental Chemist THIelllChtel Program Analyst toxtoologtst EPCRA Coordinator President Stall Consultant rechnlcsl Assistant QenlorFeDow President Env. Programs Analyst Program Coordinator SARA Coordinator PubBc Affairs Director PoMon ft Planning Admia Management Analyst Air Section Chief Senior Science Advisor Executive Director Director 313 Coordinator Environmental Planner Environmental Engineer Pollution Prevention Spedafis Former Deputy Secretary Environmental Scientist Planner IV TRI Coordmalor Senior Editor Chat- RCRA Campaign Evaluator RCRA Unit Chief Environmental Coordnator Senior Environmental Planner Analyst Env. Protection Specialist Organization US. EPA Dept. ol Pubic Safety - EMB NC Pollution Prevention Program U.S. EPA. Region IV U.S. EPA, OSWER NH Div. of Public Health Services South Carolina DHEC Regulatory Consultants, Inc. Regulatory Consultants, Inc. US. EPA, Region IX Hazard Reduction ft Recovery Citizens lor a Clean Environment VA DepL ol Waste Management MN Pollution Control Agency NC Div ol Emergency Management Louisiana Chemical Association Dept of Environmental Quality US. EPA MO Dept. ol Natural Resources US. EPA. Office ol Water Citizen Action of Alabama Department of Sociology US. EPA. Region VI WA Stale DepL of Ecology American Cyanamid Company University ol Wisconsin LA DepL of Environmental Quafty AL Emergency Repsonse Comm. FL DepL of Community Affairs US. EPA. Region II Bureau of National Affaire . Sierra Club U.S. General Accounting Office Missouri Dept. of Natural Resources LA DEQ, Air Quality Division MN Office ol Waste Management Information Research US. EPA, Chemical Emergency U.S. EPA, Ofc. ol Compliance * Monitoring Street 401 M. Street, aw. (OS-301) 4491 Cerrillos Road 3825 Barrett Drive. 3rd Floor 345 Courtland Street 401 M. Street, S.W. (OS-120) 6 Hazen Drive 2600 Bull Street 202N.Monil 202N.MorriU 75 Hawthorne Street TexasAftMUntversity 12322 N.Lakeview Drive 14lhFl. 101 N. l4lhSt.- 520 Lafayette Road. North 1 16 N. Jones Street One America Place, Suite 2040 P.O. Box 82263 401 M. Street, S.W. 205 Jefferson SL, P.O.Box 176 WH-6S1.Rm.E737 3604 Debby Drive University ol New Orleans 10931 Stone Canyon Road WSPV-11 10800 River Road 610 Langdon Street 11643 Prior Port Hudson Road do ADEM. 1751 Dickinson Drive 2740 Centerview Drive 2890 Woodbridge Avenue 1231 25th Street. NW 616 Adams Street 200 W.Adams, Suite 700 2710 W. Main/P.O. Box 3133 P.O. Box 82135 1350 Energy Lane 251 Florida Street *402 401 M. Street, S.W. (OS-120) 401M.Sreet.S.W.(EN442) City Washington Santa Fa Raleigh Atlanta Washington Concord Columbia Hiawatha Hiawatha San Francisco College Station Baton Rouge Richmond St. Paul Raleigh Baton Rouge Baton Rouge Washington Jellerson City Washington Montgomery New Orleans Dallas Oyrnpia Westwego Madson Zachary Montgomery Tallahassee Edison Washington New Orleans Chicago Jefferson City Baton Rouge St. Paul Baton Rouge Washington Washington State DC MM NC GA DC NH SC KS KS CA TX LA VA MM NC LA LA DC MO DC GA LA TX WA LA Wl LA AL FL NJ DC LA IL MO LA Mi LA DC DC Zip Code 20460 87504 27609 30385 20460 03301 29201 66434 66434 94105 77843-3137 70810 23219 55155 27603-1335 20825 70884-2263 20460 65102 20460 36116 70148 75230 98504 70094 53703 70791 36109 32399-2149 08837 20037 70118 60606 65102 70884 55108 70801 20460 20460 Telephone (202)260-7559 (505)627-9223 (919)571-4100 (404)347-1033 (202)2604353 (603)271-4664 (803)9354336 (913)742-3900 (913)742-3900 (415)744-1069 (409)847-9480 (504)7664232 (804)225-2581 (612)296-8843 (919)7334865 (504)344-2609 (504)765-0720 (202)260-2739 (314)751-4817 (202)260-5821 (205)288-9399 (504)2864472 (214)655-7244 (206)438-7632 (504)4314659 (606)265-2360 (504)6544847 (205)2604714 (904)488-1972 (908)9064890 (202)452-4030 (504)8654708 (312)220-7600 (314)5264371 (504)7654186 (612)6494744 (504)387-3678 (202)2604606 (202)260-9335 ------- Last Nairn Mner Mirhosselnl Monel Montana! Moora Mounca Mouwa Muffins Murphy Nevte Newel Noonan Oppeiman Orgeron, Jr. Or Drum Packman Padgett Paquette Palal Patlon Paxton Paavey Peck Paddy Pepper Pemky Phalte Podniesinskl Pridgeon Raudys Reck Ridgway Robert Robertson Roe toosevett ROM Rudek First Name Wffiam Shamsy CarolJ. Laurie Fred Larry Frank H. PhB Bob Pamela B. Owen Jim Andy Jwnos J. MaryteeM. Paul Jonathan Casey Mke JayS. AmyE. Blaine DwighlG. Suzy Don Eugene HaroU PrakashN. MaryEHen Ronald C. Leo Dan John Theresa O. Lewis Daniel Dean Steven teymond Title Env. Emergency Coordinator Program Analyst Chief. Pollution Prevention Research Associate Chairman Program Manager Stafl Engineer Chief, Pesticides Chairman Economist C-R-T-K Manager Environmental Scientist ESI Intern Executive Director Coordinator Environmental Engineer Environmental Engineer Environmental Engineer President TFd & 33/SO Coordinator Title III Coord. Senior Environmental Planner Inspector Environmental Engineer Biologist Environmental Engineer Environmental Policy Analyst C-R-T-K Supervisor Board of Directors Region 6,33/50 Coord SARA Title III Coord President School of Journalism Associate Engineer Organization New York State DEO LADEQ U.S. EPA California EPA. Public Health Union Carbide LA Emergency Reponse Commission KS Dlv. of Emergency Preparation Atlas Processing Company EPA, Region VI St. Bernard Citizen's for Env. Quality Research Triangle Institute Purdue University NJ Dept of Environmental Protection LA DEO, Air Quality Division LEAN. Working Group on C-R-T-K U.S. EPA, Ofc. of Compl. MonK Environmental Action VIGYAN, Inc. Uniroyal Chemical CIBA-GEIGY Corporation TUane Green Club, Univ. Center U.S. EPA, Region 1 MA Depl. of Environmental Protection Iowa Emergency Response Commission Ola of Env. Coord., Env. Managment U.S. EPA University ol Nevada U.S. EPA/OPTS/OCM NC OHice of Waste Reduction MN Pollution Control Agency Abl Associates Inc. WA Depl of Ecology Save Our Selves, Inc. U.S. EPA, Region VI Arizona Emergency Services Amalg. Clothing ^Textile Worker's Union Columbia University Merck & Co., Inc. Street South WoH Road P.O. Box 82135 345 Courtland Street, N.E. 601 N. 7th Street 39OURidgeberryRoad 2332 Florida Blvd. 2600 South Topeka Blvd. 3333 Midway Street 1445 Ross Ave. 3223 Jackson Blvd. Institute Drive Civil Engineering BMg. 401 East State Street P.O. Box 82135 5559. Tammany 215 Pennsylvania Ave. S.E. 401 M. Street, S.W. (EN-342W) 6930 Carrol Ave, 6th Floor 5203 LeesburgPk. #900 P.O. Box 397 3905 River Road, Box 1 1 .Hwy 76 Tulane University One Congress Street One Winter Street 1 000 E. Grand Avenue 83 Park Street 841 Chestnut BUg-3AT31 4505 Maryland Parkway 401 M. Street, S.W. 3825 Barrett Dr., Box 27687 520 Lafayette Road 55 Wheeler Street Mai Stop PV-11 General Delivery, Hwy 44 1445 Ross Avenue 5636 EMcDowel Road 1051 Cedar Creek Rd 10016lh Street P.O. Box 2000 City Albany Baton Rouge Atlanta Sacramento Danbury Baton Rouge Topeka Shreveport Dallas Chalmelte Research Triangle Pk W. Lafayette Trenton Baton Rouge Baton Rouge Washington Washington TakomaPark Falls Church Geismar St. Gabriel New Orleans Boston Boston DesMoines Providence Philadelphia Las Vegas Washington Raleigh SI. Paul C&fnbnQQB Otympla Bumside Dallas Phoenix Ml. Vemon NY Rahway State NY LA GA CA CT LA KS LA TX LA NC IN NJ LA LA DC DC tJO VA LA LA LA MA MA IA Rl PA NV DC NC Mi MA WA LA TX AZ AL NY NJ Zip Code 12233- 70884-2135 30365 95814 06817 70802 66601 71109 75150 70043 27209 47901 08625-0405 70884 70806 20003-1155 20460 20912 22041 70734 70776 70118 02203 02108 50319 02903 19107 89154-4009 20460 27611-7687 55155 02138 98509-8711 70738 75238 85008 36560 10027 07065 Telephone (518)457-4107 (504)765-0134 (404)347-7109 (916)327-7333 (203)794-2948 (504)389-5255 (913)266-1431 (318)632-4201 (214)655-7235 (504)279-0525 (919)541-6798 (317)494-5037 (609)633-1154 (504)765-0109 (504)928-1315 (202)546-9707 (703)308-8289 (301)891-1100 (703)931-1100 (504)387-5112 (504)642-1685 (504)861-4952 (617)565-3230 (617)292-5575 (515)281-8460 (401)277-3434 (215)597-7820 (702)597-4124 (202)260-7422 (919)571-4100 (612)297-2316 (617)492-7100 (206)438-7252 (504)647-6112 (214)655-7244 (602)231-6309 (205)624-6364 (212)854-7328 (908)302-7397 ------- Lut Nam* Saussy Schaum Schfflman SchMsleln Schemer Shabazz Shelman SNstar ShuH Smarkel Sn*h Smlh SrnUi Soettto Sotockl Stalnauer Stephens Steven* Stevenson SuBlvan Tano Twitino Taylor Thinostad Thomas Tinney TtocWer Tlw Toehes Tomlyanovich TonM Travels Tunta Turri VaH Van Oreten Vast Wai Walhal First N«m« GeorgeS. John SMrtoe Mark Dawns MchaelDJ* Debbie Teresa Paul Ken Jacqueline D. Lee Ann Tad Andy WfflamD. John Camus Ramona Ed Bridge! Merv Brian Nel KrisUn John James LM Barry Maureen Steven Gsnaro Linda A. Catherine Patrick A. Janet DaanE. ErJmrdC. Anna Denote Till* EPCRA Coordinator Chief, Exposure Methods shlef , Hazardous Substances Reporter Environmental Specialist Chemical Engineer President Air Quality Division Chfel.Source Reduction Chief .Air Toxics SARA TWe III Coordinator Executive Director Manager, Technical Programs Assistant Professor Environmental Specialist Field UaWon Enforcement Official General Counsel r. * V 1 senior engineer Manager. Emergency Response Conference Assistant Contractor Director. C-R-T-K Director Senior Env. Mgr. Supervisor Policy Dev.. Hazardous Waste Pollution Control Specialist Chief, Emergency Response Director Senior Analyst EpUemobgist Research Assodal* CWef.Toxles Section 313 Coordinator Director Manager Organization South Carolna DHEC - BSHWM US. EPA NJ Dept ol Env. Protection & Energy New Orleans Times-Picayune Newspaper Texas Instruments, Corp. Env. U.S. EPA, Region III Natural Resources Defence Council National Coalition Against Pesticides Ml Div. of Natural Resources Dept. of Toxic Substances Control Houston Bureau of Air Quality SD Dept. of Env. A Natural Resources SBoon Valley Toxics Coalition AZ Dept. of Environmental Dually Florida State University NE DepL ol EnironmentaJ Conservation AK DepL of Environmental Conservation L.E.A.N. KY DepL ol Environmental Protection US. EPA. Ofc. of Compliance a Monitoring CERT Merck A Co.. Inc. Utah Dept. of Environmental Quality WPIe Inc. VTariCo. PA DepL ol Labor ft Industry MN Emergency Response Commission IN DepL of Environmental Management US.EPA.RegtonX MN Emergency Response Commission PR Environmental Quality Board Information Management Division US. EPA Tennessee DepL of Health Grand Valley State University Bureau of At QuaHy Control US. EPA, Region VII NC Department of Labor Oregon State Fire Marshal Street 2600 Bull Street 401 M. Street, S.W., (RD-689) 401 E State Street 3800 Howard Avenue 8330 LBJ Freeway ,Ctr III.M310 841 Chestnut Blvd. 1350 New York Avenue. NW Rural Route 6, Box 163 3580 W. Hiawatha P.O. Box 806 7411 Park Place Blvd. 523 E. Capitol 760 North First Street 2005 N. Central Ave. DepL of Geography P.O. Box 98922 P.O. Box 0 P.O. Box 66323 ISReltyRoad 401 M. Street, S.W. 1899 Broadway «600 P.O. Box 2000 1950 West North Temple P.O. Box 2077 SOON. La* SL. Suite 500 Room 503 Labor & Industry BUg 175 Bestow BUg,450 Syndicate 105 S. Meridian Street 1200 Sixth Ave, (HW-1 17) 175 Bigetow. 450 N. Syndicate Ponce de Leon Ave. 0431, 2nd Floor 401 M. Street, S.W.-TS-793 401 M. Street, S.W., TM 22A Q-130CoroallHullBldg. Water Resources Institute P.O. Box 2357 726 Muuwsota Avenue 214 W.Jones Street 2785 Botton Terrace South City Columbia Washington Trenton New Orleans Dallas Philadelphia Washington Lawrence Okemos Sacramento Houston Pierre San Jose Phoenix Tallahassee Lincoln Juneau Baton Rouge Frankfort Washington Denver Ranway Salt Lake City Cambridge Alexandria Harrisburg St. Paul Indianapolis Seattle St. Paul Halo Ray Washington Washington Nashville Allendale Harrisburg Kansas Chy Raleigh Satem State SC DC NJ LA TX PA DC KS Ml CA TX SO CA AZ a NE AK LA KY DC CO NJ UT MA VA PA MM IN WA MM PR DC DC IN Ml PA KS NC OR Zip Code 29201 20460 08625 70140 75243 19107 20005 66046 48864 95812-0806 77087 57501 95112 85282 32306 685094922 99811-1800 70896 40601 20460 60202 07065 84114-4840 02238 22314 17120 5S104 46206 98101 55104 00916 20460 20460 37247-4012 49401 17105-2357 66101 27603 97301 Telephone (803)935-6444 (202)260-5988 (609)984-3219 (504)826-3279 (214)997-5361 (215)597-3659 (202)624-9342 (913)748-0950 (916)322-3500 (713)640-4200 (605)773-3296 (408)287-6707 (602)257-6995 (004)644-8378 (402)471-4251 (907)4654630 (504)928-1315 (602)564-2150 (202)260-8418 (303)297-2378 (906)302-7820 (801)536-4100 (617)864-2042 (703)519-1038 (717)787-5279 (612)643-3002 (317)232-8423 (206)553-0756 (612)643-3542 (809)764-8884 (202)260-3939 (202)260-2698 (615)741-5683 (616)895-3048 (717)787-9257 (913)551-7005 (919)733-2658 (503)378-3473 ------- Last Nun* Nam* Till* Organization SUM! Cliy Slata Zip Coda Telephone Warren John Watotowcki Wheeler WMHan Wtoch IJInnrttas nomv] ?a*ar Dennis Andrew GtonB. Thomas E. Km Stephanie & OavU Ralph M. Km Proyrani Administrator Acting ChW, Aibaatoa Spadal Aadatant i Wteta Haoucllon Dlnctor, PoauHon Pravantlon EmbDnnwntalSdanfet nCRAUnHSuptiviiar 33/80 Program AtalManl Raiaaidi Triangh Imttuta Maiyland D^)t of lha Enviranmant U.aEPA,RagionV U5.EP/WOPPT&1MD SdantHe MormaUon Sarvlcai MIS Oapt of Environmental Quatty Wl Oapt. of Natural Rawureaa US. EPA NE OapL o» Envbontnanlal Control U.S. EPA. Region IX T«xa» Viet* Commission 2500 Broenlng Highway 230 a Dearborn 401 M. Sir**, aw.. (TS-793) 4820 Highway 377 South Box 10385.2380 Hwy 80 W. 39204 P.O. Box 7021 (TS/3) 841 Chestnut BWg. 301 Centennial Mrt South 75 Hawthorne Street 1700 N Congma Ave. RM11 Research Triangle Pk Baltimore Chicago Washington Fort Worth Jackson Madson Philadelphia Lincoln San Francisco Austin NC M) IL DC TX MS Wl PA NE CA TX 27209 21224 60604 20460 76116 392804385 53707 19106 685094022 94105 78701 (919)541-7308 (410)631-3800 (312)886-6878 (202)2604980 (817)5604631 (601)961-5241 (608)261-0171 (215)5974240 (402)271-4217 (415)744-1109 (512)4634032 ------- |