Eugene weighs wider toxics law.

Byline: Diane Dietz The Register-Guard

Dry cleaners, crematories and day spa companies would have to tell the public exactly what chemicals they use, under a proposal to expand the Eugene Toxics Right-to-Know program.

Those businesses - and others - would join 40 large manufacturing firms

that have faced the requirement in the seven years since Eugene voters insisted by means of initiative that the city start a toxics reporting program.

From its first day, the toxics program has been controversial with many in Eugene's business community and the Eugene Area Chamber of Commerce is dead set against the proposed expansion.

"(Businesses) have told us repeatedly that the program is unnecessary, redundant, expensive and a disincentive to doing business in Eugene," Chamber President David Hauser said.

Conversely, some environmental activists say that the "minor" hassles participating businesses face are overshadowed by the benefit of the public's ability to know what's potentially in the air, soil and water around them.

"It would provide the public with a wealth of information for public health purposes," said David Monk, director of the Oregon Toxics Alliance. "We have a lot of small businesses flying under the radar right now."

The current program requires manufacturers to report the amount of hazardous chemicals they put into their processes, the chemicals remaining when the processes are done - and how much they release into the air and water.

Officials place the information into a database, which the public can access on the Internet (www.ci.eugene.or.us/ toxics/).

The database allows anyone to study local chemical use by type of chemical, by business or by ZIP code - learning, for instance, that 18 million pounds of chemicals were used last year within the 97402 postal area.

On Jan. 10, the Eugene City Council will mull adding businesses as one way to increase revenues to keep the $100,000 per year program afloat. Paying became a problem last year, after the Oregon Legislature placed a cap of $2,000 on what any single business could be required to pay.

To maintain revenues, the city dramatically increased the fees it charged 62 small and medium size businesses while it lowered the fees for 11 large companies. (Seventy-three companies pay into the program, but only 40 meet the reporting threshold.)

Scientific Developments, a tire recycler with 15 employees, got a bill for $474, compared with $208 before the cap was imposed. But computer chip maker Hynix with 1,207 employees paid $2,000, compared with $10,732 before the cap.

"The cap created a perceived inequity in fees," said Glen Potter, the city's toxics program analyst. "It pushed the big boys down and upped the little guys, and City Council wants this solved."

Two other alternatives for paying for the toxics program: Charging a 50-cent monthly fee to all commercial garbage users in the city, or going back to the Legislature and asking it to reverse the cap.

The Eugene chamber, however, argues that the problem wasn't the cap but the way the original 1996 initiative was written.

The chamber makes no secret that it would prefer that voters revoke the entire program. "Why would you locate in a place that provides a layer of regulations that don't exist any place else?" Hauser said.

Keith Dahle - whose business, Scientific Developments Inc., grinds up old tires and makes them into useful products such as portable speed bumps - dislikes the program not for its paperwork burden, but for its redundancy.

He said he already spends enough time and money making environmental reports. "It's the money and the duplication - no, the triplication," Dahle said.

Sharon Lebon, manager of the 60-year-old McAyeal's Wardrobe Cleaners and Shirt Laundry, said her industry has long accepted tight controls on chemical use.

She suggested the city try to capture some of the fees she's already paying out for similar federal reporting rules - rather than adding new fees. "We're trying to keep our prices down and it would be impossible. Those things get passed on to the customer," she said.

But Michael Carney, one of three owners at Onsen Hourly Hot Tub Rentals, said he supports the city's toxics reporting law.

When Onsen stored its chlorine inside the office, several employees got sick, he believes, because of the natural off-gassing - and chlorine is an old and well-understood chemical.

Now, new water cleaning chemicals are coming onto the market without any data regarding their health effects, he said.

"We've moved so quickly through the last century and our technology has outstripped us. It's moved ahead quicker than our understanding of its consequences," he said.

TOXICS REPORTING

The Eugene City Council will consider expanding the Toxics Right-to-Know program.

When: The council's first work session on the issue will be at 5:30 p.m. Jan. 10 at the McNutt Room in City Hall. If the proposal goes forward, a public hearing will be at 7:30 p.m. Jan. 24 at City Hall.

Who could be affected? Gas stations; spa or pool operators including hotels and motels; auto body shops; photo finishers; dry cleaners; crematories; roofing and painting contractors. Also, any manufacturer with three to 10 employees.

Stages: If adopted, the added businesses would begin paying fees this spring. Those using more than 2,640 pounds of chemicals would begin reporting their chemical use in April 2007.

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