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Environmental justice and the Toxics Release Inventory Reporting Program: communities have a right to know
This 2005 text discusses the US Toxics Release Inventory Program and its impacts as a case study of legislation.
A 1994 Executive Order sought to ensure that minority and low-income populations are not subjected to disproportionately high and adverse health or environ-mental effects from agency activities. In a July 2005 report, GAO made several recommendations to improve the Environmental Protection Agency's (EPA) adherence to these environmental justice principles. The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) requires certain facilities that use toxic chemicals to report their releases to EPA, which makes the information available in the Toxics Release Inventory (TRI). Since 1995, facilities may submit a brief statement (Form A) in lieu of the more detailed Form R if releases of a chemical do not exceed 500 pounds a year. In January 2007, EPA finalized the TRI Burden Reduction Rule, quadrupling to 2,000 pounds what facilities can release before having to disclose details using Form R. Congress is considering codifying the Executive Order and requiring EPA to implement GAO's environ-mental justice recommendations. Other legislation would amend EPCRA to, among other things, revert the Form A threshold to 500 pounds or less. In this testimony, GAO discusses (1) EPA's response to GAO's environmental justice recommendations, (2) the extent to which EPA followed internal guidelines when developing the TRI rule and (3) the impact of the rule on communities and facilities ...
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Toxics Release Inventory Reporting for Facilities Located in Indian Country - Clarification of Additional Opportunities, etc. (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) The Law Library presents the complete text of the Toxics Release Inventory Reporting for Facilities Located in Indian Country - Clarification of Additional Opportunities, etc. (US Environmental Protection Agency Regulation) (EPA) (2018 Edition). Updated as of May 29, 2018 EPA is announcing new opportunities for tribal participation and engagement in the TRI Program. Under this final rule, TRI reporting facilities located in Indian country are required to report to the appropriate tribal government of their relevant area instead of the State. This rule also improves and clarifies certain opportunities allowing tribal governments to participate more fully in the TRI Program. Further, because tribal governmental structures may vary, EPA is updating its terminology to refer to the principal elected official of the Tribe as the "Tribal Chairperson or equivalent elected official." EPA is also amending its definition of "State" for purposes of 40 CFR part 372 to no longer include Indian country, so as to avoid any confusing overlap in terminology for facilities located in Indian country. With regard to the procedures for EPA to modify the list of covered chemicals and TRI reporting facilities, today's rule clarifies the opportunities available to tribal governments. In particular, EPA is including within the relevant provision an opportunity for the Tribal Chairperson or equivalent elected official to request that EPA apply the TRI reporting requirements to a specific facility located within the Tribe's Indian country. Secondly, EPA is clarifying in this rule that the Tribal Chairperson or equivalent elected official may petition EPA to add or delete a particular chemical respectively to or from the list of chemicals covered by TRI. In finalizing the actions described, EPA is helping to increase awareness of toxic releases within tribal communities, thereby increasing the understanding of potential human health and ecological impacts from these hazardous chemicals. This book contains: - The complete text of the Toxics Release Inventory Reporting for Facilities Located in Indian Country - Clarification of Additional Opportunities, etc. (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) - A table of contents with the page number of each section