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

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   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

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                                  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.

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                                               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

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                                               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

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                                                    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

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                                     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

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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

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                                       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.

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 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

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                                                 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

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                                                   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

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 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

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                                                    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-

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 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

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                                                    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-
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 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.
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                                                     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

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 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

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                                                   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.
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 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

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                                                     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
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 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
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                                                   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

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 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

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                                                     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

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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

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      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

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                                            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

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                                                      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

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 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

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                                                   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

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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
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                                                    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
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 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
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                                                    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
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 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
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                                                    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

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 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.
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                                                     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

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 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

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                                                     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

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 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

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                                                    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

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                                                    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
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 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.

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                                                      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

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 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

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                                                     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

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 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

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                                                    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

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 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

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                                                     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

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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

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   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

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                    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

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 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

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                                                    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

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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

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                                           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

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                                            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

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                                                    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

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 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

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                            TRI DATA USE AND POLLUTION PREVENTION
TRACK I -
PANELIST PRESENTATION SUMMARIES
                      75

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                                                   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
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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
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                                                    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
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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)
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                                                    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

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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)
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                                                  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
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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
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                                                   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:
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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
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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,
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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

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                                             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

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                                                    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
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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.
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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.
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                           TRI DATA USE AND POLLUTION PREVENTION
TRACK II -
PANELIST PRESENTATION SUMMARIES
                     95

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                                                    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-
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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.
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                                                    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.
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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-
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                                                   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
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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

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      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

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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

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  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

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                                        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

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                                      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

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 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

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   •   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

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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

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                                                   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

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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

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                                           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

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                                                    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

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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

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                                                      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

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                            TRI DATA USE AND POLLUTION PREVENTION
TRACK 771 -
PANELIST PRESENTATION SUMMARIES
                      119

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                                                    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

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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

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                                                    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

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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

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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

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                                                   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

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 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

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                                         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.

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    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

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                    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

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 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

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                                              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

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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

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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

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                             TRI DATA USE AND POLLUTION PREVENTION
TRACK IV-
PANELIST PRESENTATION SUMMARIES
                      143

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                                                   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

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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

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                                                    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

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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

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                                   TRI DATA USE AND POLLUTION PREVENTION
ROSTER OF ATTENDEES
                            149
                                       *U.8. GOVERNMENT PRINTING OFFICE: 19B2-624-327

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Last Nimt
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Karl
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Connor
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Lewis
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Keith R
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John
RyanH.
Till*
Dept of Chemical Engineering

Conference Coordinator
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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
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(919)541-5141
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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*
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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
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CKympia
Richmond
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Phoenix
W&shinoton
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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

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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

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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
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MM
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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

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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

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