Environment - Right-to-Know Laws

Right-to-Know Laws

Legislative Information

The Children's Environmental Protection and Right To Know Act of 1999

Fact Sheet

The goal of the Children's Environmental Protection and Right To Know Act of 1999

The primary goal of the Children's Environmental Protection and Right To Know Act of 1999 is to provide the public basic information about the toxic chemicals in consumer products and neighboring facilities. This information serves as a starting point in identifying, discussing, and reducing toxic chemical hazards. The legislation has been introduced with over 100 original cosponsors. Over 1200 organizations across the country have signed a letter in support of this legislation's provisions.
State and Federal experience with Right to Know

Businesses disclosing routine chemical releases through the Federal Toxics Release Inventory (TRI) (upon which this legislation will build) have reduced their releases by 40% over the past ten years.
In Massachusetts, 60% of businesses reporting toxic chemical use under state law reported a decrease in their use of toxic chemicals per unit of total production since 1990. In addition, 66% of businesses that reported implementing toxics use reduction reported improvements in worker health and safety, while 67% said they saw direct cost savings.

In New Jersey, where public disclosure of toxic chemical use has been in place for ten years, production-related wastes have declined steadily since 1990, while rising for the nation as a whole.
In California, businesses disclosing toxic chemicals in products have removed lead from dishes and faucets, carcinogens from diaper pail deodorizers, and reproductive toxins from nail polish.
Trade secret protection

The Children's Environmental Protection and Right To Know Act will allow businesses not to disclose toxic chemical use information that is a legitimate trade secret -- i.e. information which is kept confidential, not publicly disclosed through Federal or State laws, and not readily reverse engineered, and for which disclosure "is likely to cause substantial harm to the competitive position" of the business.

Consolidated environmental reporting (discussed below) will also help protect trade secrets. Certain items of information, while not themselves trade secrets, may be combined with other publicly-available information to reveal trade secrets. Rationalizing the currently fragmented environmental reports will help facilities and EPA identify such information and prevent its disclosure.
The cost of reporting

Many businesses already gather toxic chemical use information: 36% of facilities used "mass balance calculations" in reporting to the 1995 TRI. Nevertheless, no new measuring or monitoring will be required to provide the toxic chemical use information under this legislation -- estimates may be used.

The Children's Environmental Protection and Right To Know Act will require EPA to consolidate Federal environmental reporting for small businesses within three years and for all businesses within five years. This "one stop shopping" will reduce the cost of environmental reporting for over 90% of reporting businesses -- i.e. the hundreds of thousands currently reporting under Federal environmental programs besides TRI. It may also lead to a net reduction in the reporting cost borne by the thirty thousand businesses reporting to TRI.

The Children's Environmental Protection and Right To Know Act will authorize the Consumer Product Safety Commission to exempt safe products from the Federal Hazardous Substance Act reporting requirements.