News by SB Informer

Long-Awaited Reform of TRI Rule Praised by Small Business

SB Informer
Wednesday, December 20, 2006; 03:49 AM

The National Federation of Independent Business, the nation's leading small-business advocacy group, praised the EPA for signing into effect new rules governing the Toxic Release Inventory program. NFIB has aggressively encouraged the EPA to reduce the regulatory burdens on small businesses, and these new rules will help to simplify the compliance process while still providing a transparent reporting system.

"This is the end result of more than a decade of NFIB-led advocacy and we commend the EPA for recognizing the difference between small and big business," said Andrew Langer, NFIB's regulatory manager. "With the signing of these new rules, the use of a shorter TRI form will be expanded, increasing the ability of small businesses to fulfill their obligations to their communities while still allowing them to run their business effectively."

TRI requires all businesses that possess certain substances to file an annual report detailing how those substances were used, released or disposed, even if it has been recycled. However, as with many paperwork requirements, the one-size-fits-all approach turned TRI paperwork into a lengthy, time-consuming burden on small business, effectively punishing them regardless of their environmental stewardship. Under the previous rules, a neighborhood auto-repair shop was required to fill out the same set of forms as a huge oil refinery.

A 2005 SBA report found that the smallest firms pay nearly 1.5 times as much per employee as large firms to comply with federal regulations. The NFIB estimates that 99.9 percent of all toxic releases would still be reported at the same level of details as present, and substantial regulatory cost savings would accrue to the smallest 18 percent of facilities affected by TRI reporting, many of whom release no toxics at all.

NFIB took a multi-pronged strategic approach to reforming the TRI program, engaging the issue on a number of different fronts. The NFIB Legal Foundation focused on the problems of TRI's "Lead Rule" in the legal arena, an effort that highlighted some of TRI's more complex and burdensome requirements. The entire effort couldn't have been successful were it not for the highly respected analysis of the regulation done by the NFIB Research Foundation. And NFIB's members themselves played an integral role, testifying before Congress and talking in the media about their experiences with the TRI program.

"Small businesses have consistently been on the front lines in the battle to help keep their communities 'clean and green.' The revised rules reward good environmental behavior – those who reduce their emissions and engage in recycling," said Langer. "We are pleased to see the EPA take what was cumbersome regulation and, through careful analysis, make appropriate adjustments to encourage businesses to both reduce waste and better manage it."

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