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Information is Power:

Using federal Right to Know & environmental laws to learn about pollution from EV battery facilities

Eve Gartner, Director, Crosscutting Toxics Strategies

October 15, 2024

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What is Earthjustice

We are the “litigation arm” of the environmental movement.

We provide our legal services to other organizations free of charge, prioritizing organizations with fewer resources and the greatest need.

We have 15 regional offices -- Anchorage, Chicago, Juneau, Los Angeles, Miami, San Francisco, Tallahassee, Honolulu, Houston, New York, Philadelphia, Denver, Seattle, Bozeman, and Washington, DC.

We have 9 specialized programs including Biodiversity, Clean Energy, International, Oceans, Sustainable Food & Farming, Toxic Exposure & Health, and Tribal Partnerships.

We have 200+ lawyers working on 630+ active legal proceedings.

We use public interest litigation to hold government and special interests accountable in the courts.

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Knowing about hazards can be a first step toward adopting health and environmental protections

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https://ehsdailyadvisor.blr.com/2018/06/infographic-tri-reporting-time/

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Recent NGO analyses developed using TRI data 

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There are other sources of data on particular chemicals or chemical classes, such as PFAS, lithium, and chemicals undergoing TSCA review

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EPA: PFAS analytic tools https://echo.epa.gov/trends/pfas-tools

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EPA determined that NMP poses “unreasonable risk” to workers who manufacture li-ion batteries

But its proposed risk management rule does not include any provisions to protect workers from inhalation exposures

https://www.epa.gov/system/files/documents/2022-12/NMP_Final%20Revised%20RD_12-12-22.pdf

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EPA is monitoring for lithium (and PFAS) in drinking water

https://www.epa.gov/dwucmr/fifth-unregulated-contaminant-monitoring-rule-data-finder#data-finder

~25% of systems tested to date have exceeded the health-based reference concentration for lithium

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Information Requests under CWA & CAA

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