By MICHAEL GORMLEY
Associated Press Writer
ALBANY, N.Y. (AP) — Twelve states, including Illinois, sued the Bush
administration Wednesday to force greater disclosure of data on toxic
chemicals that companies store, use and release into the environment.
The state officials oppose new federal Environmental Protection Agency rules
that allow thousands of companies to limit the information they disclose to
the public about toxic chemicals, according to New York Attorney General
Andrew Cuomo, the lead attorney general in the lawsuit.
The change lets 100 polluters off the hook in New York alone, he said.
The EPA, however, said the change improves the Toxics Release Inventory law
and eases requirements only on companies that can certify they have no
releases of toxins to the environment.
The EPA this year rolled back a regulation on the law signed by President
Reagan after the deadly Bhopal toxic chemical catastrophe in India in 1984,
according to the states involved in the lawsuit. That law required companies
to provide a long, detailed report whenever they store or emit 500 pounds of
specific toxins.
The new rule adopted this year requires that long accounting only for
companies storing or releasing 5,000 pounds of toxins or more. Companies
storing or releasing 500 to 4,999 pounds of toxins would have to file an
abbreviated form, said Katherine Kennedy, New York’s special deputy attorney
general for environmental protection.
The lawsuit filed in U.S. District Court in New York City seeks to invalidate
the EPA’s revised regulations.
“The EPA’s new regulations rob New Yorkers — and people across the country —
of their right to know about toxic dangers in their own backyards,” Cuomo
said. “Along with 11 other states throughout the nation, we will restore the
public’s right to information about chemical hazards, despite the Bush
administration’s best attempts to hide it.”
In January 2006, Illinois Attorney General Lisa Madigan filed comments with
the EPA opposing the reversal.
“I vigorously opposed changing the rules last year and am continuing to fight
to change these rules,” Madigan said in a statement Wednesday. “The public
has a right to know as much as possible about the toxic chemicals that may be
stored in and near their communities.”
Connecticut Attorney General Richard Blumenthal said the EPA’s action
cripples a 20-year program that required companies to report the amount of
lead, mercury and other toxins they released.
“Polluters can release 10 times more toxins like lead and mercury without
telling anyone,” he said.
EPA spokeswoman Molly O’Neill had no comment on the suit. Companies that can
show they release none of the toxins can avoid filing long and time-consuming
reports, she said.
The change, O’Neill said, is “making a good program better.”
California Attorney General Jerry Brown said more than 300 companies in
California can conceal data under the new EPA rule, and a New Jersey official
agreed.
“This rule change is a move in the wrong direction,” said that state’s
environmental protection commissioner, Lisa P. Jackson.
States had not tried to negotiate a compromise before suing, noting that
environmental groups and others have criticized the EPA’s decision for more
than a year.
“We feel the only course of action was to file suit and remedy this in the
courts,” said Cuomo spokesman Jeffrey Lerner.
The other states suing the EPA are Arizona, Maine, Massachusetts, Minnesota,
New Hampshire, Pennsylvania and Vermont.
Posted 11/29/2007