US (United States) Code. Title 42. Chapter 133: Pollution prevention

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 133 - POLLUTION PREVENTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

CHAPTER 133 - POLLUTION PREVENTION

-MISC1-

Sec.

13101. Findings and policy.

(a) Findings.

(b) Policy.

13102. Definitions.

13103. EPA activities.

(a) Authorities.

(b) Functions.

13104. Grants to States for State technical assistance

programs.

(a) General authority.

(b) Criteria.

(c) Matching funds.

(d) Effectiveness.

(e) Information.

13105. Source Reduction Clearinghouse.

(a) Authority.

(b) Public availability.

13106. Source reduction and recycling data collection.

(a) Reporting requirements.

(b) Items included in report.

(c) SARA provisions.

(d) Additional optional information.

(e) Availability of data.

13107. EPA report.

(a) Biennial reports.

(b) Subsequent reports.

13108. Savings provisions.

13109. Authorization of appropriations.

-End-

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42 USC Sec. 13101 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13101. Findings and policy

-STATUTE-

(a) Findings

The Congress finds that:

(1) The United States of America annually produces millions of

tons of pollution and spends tens of billions of dollars per year

controlling this pollution.

(2) There are significant opportunities for industry to reduce

or prevent pollution at the source through cost-effective changes

in production, operation, and raw materials use. Such changes

offer industry substantial savings in reduced raw material,

pollution control, and liability costs as well as help protect

the environment and reduce risks to worker health and safety.

(3) The opportunities for source reduction are often not

realized because existing regulations, and the industrial

resources they require for compliance, focus upon treatment and

disposal, rather than source reduction; existing regulations do

not emphasize multi-media management of pollution; and businesses

need information and technical assistance to overcome

institutional barriers to the adoption of source reduction

practices.

(4) Source reduction is fundamentally different and more

desirable than waste management and pollution control. The

Environmental Protection Agency needs to address the historical

lack of attention to source reduction.

(5) As a first step in preventing pollution through source

reduction, the Environmental Protection Agency must establish a

source reduction program which collects and disseminates

information, provides financial assistance to States, and

implements the other activities provided for in this chapter.

(b) Policy

The Congress hereby declares it to be the national policy of the

United States that pollution should be prevented or reduced at the

source whenever feasible; pollution that cannot be prevented should

be recycled in an environmentally safe manner, whenever feasible;

pollution that cannot be prevented or recycled should be treated in

an environmentally safe manner whenever feasible; and disposal or

other release into the environment should be employed only as a

last resort and should be conducted in an environmentally safe

manner.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6602, Nov. 5, 1990, 104 Stat.

1388-321.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(5), was in the original

"this subtitle", meaning subtitle F (Secs. 6501, 6601-6610) of

title VI, Pub. L. 101-508, which is classified generally to this

chapter. For complete classification of subtitle F to the Code, see

Short Title note below and Tables.

-MISC1-

SHORT TITLE

Section 6601 of Pub. L. 101-508 provided that: "This subtitle

[subtitle F (Secs. 6501, 6601-6610) of title VI of Pub. L. 101-508,

enacting this chapter and section 4370c of this title] may be cited

as the 'Pollution Prevention Act of 1990'."

-End-

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42 USC Sec. 13102 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13102. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "Agency" means the Environmental Protection

Agency.

(3) The term "toxic chemical" means any substance on the list

described in section 11023(c) of this title.

(4) The term "release" has the same meaning as provided by

section 11049(8) of this title.

(5)(A) The term "source reduction" means any practice which -

(i) reduces the amount of any hazardous substance, pollutant,

or contaminant entering any waste stream or otherwise released

into the environment (including fugitive emissions) prior to

recycling, treatment, or disposal; and

(ii) reduces the hazards to public health and the environment

associated with the release of such substances, pollutants, or

contaminants.

The term includes equipment or technology modifications, process

or procedure modifications, reformulation or redesign of

products, substitution of raw materials, and improvements in

housekeeping, maintenance, training, or inventory control.

(B) The term "source reduction" does not include any practice

which alters the physical, chemical, or biological

characteristics or the volume of a hazardous substance,

pollutant, or contaminant through a process or activity which

itself is not integral to and necessary for the production of a

product or the providing of a service.

(6) The term "multi-media" means water, air, and land.

(7) The term "SIC codes" refers to the 2-digit code numbers

used for classification of economic activity in the Standard

Industrial Classification Manual.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6603, Nov. 5, 1990, 104 Stat.

1388-321.)

-End-

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42 USC Sec. 13103 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13103. EPA activities

-STATUTE-

(a) Authorities

The Administrator shall establish in the Agency an office to

carry out the functions of the Administrator under this chapter.

The office shall be independent of the Agency's single-medium

program offices but shall have the authority to review and advise

such offices on their activities to promote a multi-media approach

to source reduction. The office shall be under the direction of

such officer of the Agency as the Administrator shall designate.

(b) Functions

The Administrator shall develop and implement a strategy to

promote source reduction. As part of the strategy, the

Administrator shall -

(1) establish standard methods of measurement of source

reduction;

(2) ensure that the Agency considers the effect of its existing

and proposed programs on source reduction efforts and shall

review regulations of the Agency prior and subsequent to their

proposal to determine their effect on source reduction;

(3) coordinate source reduction activities in each Agency

Office (!1) and coordinate with appropriate offices to promote

source reduction practices in other Federal agencies, and generic

research and development on techniques and processes which have

broad applicability;

(4) develop improved methods of coordinating, streamlining and

assuring public access to data collected under Federal

environmental statutes;

(5) facilitate the adoption of source reduction techniques by

businesses. This strategy shall include the use of the Source

Reduction Clearinghouse and State matching grants provided in

this chapter to foster the exchange of information regarding

source reduction techniques, the dissemination of such

information to businesses, and the provision of technical

assistance to businesses. The strategy shall also consider the

capabilities of various businesses to make use of source

reduction techniques;

(6) identify, where appropriate, measurable goals which reflect

the policy of this chapter, the tasks necessary to achieve the

goals, dates at which the principal tasks are to be accomplished,

required resources, organizational responsibilities, and the

means by which progress in meeting the goals will be measured;

(8) (!2) establish an advisory panel of technical experts

comprised of representatives from industry, the States, and

public interest groups, to advise the Administrator on ways to

improve collection and dissemination of data;

(9) establish a training program on source reduction

opportunities, including workshops and guidance documents, for

State and Federal permit issuance, enforcement, and inspection

officials working within all agency program offices.(!3)

(10) identify and make recommendations to Congress to eliminate

barriers to source reduction including the use of incentives and

disincentives;

(11) identify opportunities to use Federal procurement to

encourage source reduction;

(12) develop, test and disseminate model source reduction

auditing procedures designed to highlight source reduction

opportunities; and

(13) establish an annual award program to recognize a company

or companies which operate outstanding or innovative source

reduction programs.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6604, Nov. 5, 1990, 104 Stat.

1388-322.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13107 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. Subsec. (b) enacted without a par. (7).

(!3) So in original. The period probably should be a semicolon.

-End-

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42 USC Sec. 13104 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13104. Grants to States for State technical assistance

programs

-STATUTE-

(a) General authority

The Administrator shall make matching grants to States for

programs to promote the use of source reduction techniques by

businesses.

(b) Criteria

When evaluating the requests for grants under this section, the

Administrator shall consider, among other things, whether the

proposed State program would accomplish the following:

(1) Make specific technical assistance available to businesses

seeking information about source reduction opportunities,

including funding for experts to provide onsite technical advice

to business (!1) seeking assistance and to assist in the

development of source reduction plans.

(2) Target assistance to businesses for whom lack of

information is an impediment to source reduction.

(3) Provide training in source reduction techniques. Such

training may be provided through local engineering schools or any

other appropriate means.

(c) Matching funds

Federal funds used in any State program under this section shall

provide no more than 50 per centum of the funds made available to a

State in each year of that State's participation in the program.

(d) Effectiveness

The Administrator shall establish appropriate means for measuring

the effectiveness of the State grants made under this section in

promoting the use of source reduction techniques by businesses.

(e) Information

States receiving grants under this section shall make information

generated under the grants available to the Administrator.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6605, Nov. 5, 1990, 104 Stat.

1388-323.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13105, 13109 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "businesses".

-End-

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42 USC Sec. 13105 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13105. Source Reduction Clearinghouse

-STATUTE-

(a) Authority

The Administrator shall establish a Source Reduction

Clearinghouse to compile information including a computer data base

which contains information on management, technical, and

operational approaches to source reduction. The Administrator shall

use the clearinghouse to -

(1) serve as a center for source reduction technology transfer;

(2) mount active outreach and education programs by the States

to further the adoption of source reduction technologies; and

(3) collect and compile information reported by States

receiving grants under section 13104 of this title on the

operation and success of State source reduction programs.

(b) Public availability

The Administrator shall make available to the public such

information on source reduction as is gathered pursuant to this

chapter and such other pertinent information and analysis regarding

source reduction as may be available to the Administrator. The data

base shall permit entry and retrieval of information to any person.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6606, Nov. 5, 1990, 104 Stat.

1388-324.)

-End-

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42 USC Sec. 13106 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13106. Source reduction and recycling data collection

-STATUTE-

(a) Reporting requirements

Each owner or operator of a facility required to file an annual

toxic chemical release form under section 11023 of this title for

any toxic chemical shall include with each such annual filing a

toxic chemical source reduction and recycling report for the

preceeding (!1) calendar year. The toxic chemical source reduction

and recycling report shall cover each toxic chemical required to be

reported in the annual toxic chemical release form filed by the

owner or operator under section 11023(c) of this title. This

section shall take effect with the annual report filed under

section 11023 of this title for the first full calendar year

beginning after November 5, 1990.

(b) Items included in report

The toxic chemical source reduction and recycling report required

under subsection (a) of this section shall set forth each of the

following on a facility-by-facility basis for each toxic chemical:

(1) The quantity of the chemical entering any waste stream (or

otherwise released into the environment) prior to recycling,

treatment, or disposal during the calendar year for which the

report is filed and the percentage change from the previous year.

The quantity reported shall not include any amount reported under

paragraph (7). When actual measurements of the quantity of a

toxic chemical entering the waste streams are not readily

available, reasonable estimates should be made based on best

engineering judgment.

(2) The amount of the chemical from the facility which is

recycled (at the facility or elsewhere) during such calendar

year, the percentage change from the previous year, and the

process of recycling used.

(3) The source reduction practices used with respect to that

chemical during such year at the facility. Such practices shall

be reported in accordance with the following categories unless

the Administrator finds other categories to be more appropriate.

(A) Equipment, technology, process, or procedure

modifications.

(B) Reformulation or redesign of products.

(C) Substitution of raw materials.

(D) Improvement in management, training, inventory control,

materials handling, or other general operational phases of

industrial facilities.

(4) The amount expected to be reported under paragraph (!2) (1)

and (2) for the two calendar years immediately following the

calendar year for which the report is filed. Such amount shall be

expressed as a percentage change from the amount reported in

paragraphs (1) and (2).

(5) A ratio of production in the reporting year to production

in the previous year. The ratio should be calculated to most

closely reflect all activities involving the toxic chemical. In

specific industrial classifications subject to this section,

where a feedstock or some variable other than production is the

primary influence on waste characteristics or volumes, the report

may provide an index based on that primary variable for each

toxic chemical. The Administrator is encouraged to develop

production indexes to accommodate individual industries for use

on a voluntary basis.

(6) The techniques which were used to identify source reduction

opportunities. Techniques listed should include, but are not

limited to, employee recommendations, external and internal

audits, participative team management, and material balance

audits. Each type of source reduction listed under paragraph (3)

should be associated with the techniques or multiples of

techniques used to identify the source reduction technique.

(7) The amount of any toxic chemical released into the

environment which resulted from a catastrophic event, remedial

action, or other one-time event, and is not associated with

production processes during the reporting year.

(8) The amount of the chemical from the facility which is

treated (at the facility or elsewhere) during such calendar year

and the percentage change from the previous year. For the first

year of reporting under this subsection, comparison with the

previous year is required only to the extent such information is

available.

(c) SARA provisions

The provisions of sections 11042, 11045(c), and 11046 of this

title shall apply to the reporting requirements of this section in

the same manner as to the reports required under section 11023 of

this title. The Administrator may modify the form required for

purposes of reporting information under section 11023 of this title

to the extent he deems necessary to include the additional

information required under this section.

(d) Additional optional information

Any person filing a report under this section for any year may

include with the report additional information regarding source

reduction, recycling, and other pollution control techniques in

earlier years.

(e) Availability of data

Subject to section 11042 of this title, the Administrator shall

make data collected under this section publicly available in the

same manner as the data collected under section 11023 of this

title.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6607, Nov. 5, 1990, 104 Stat.

1388-324.)

-REFTEXT-

REFERENCES IN TEXT

SARA, referred to in the heading of subsec. (c), means the

Superfund Amendments and Reauthorization Act of 1986, Pub. L.

99-499, Oct. 17, 1986, 100 Stat. 1613, as amended. For complete

classification of this Act to the Code, see Short Title of 1986

Amendment note set out under section 9601 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13107 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "preceding".

(!2) So in original. Probably should be "paragraphs".

-End-

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42 USC Sec. 13107 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13107. EPA report

-STATUTE-

(a) Biennial reports

The Administrator shall provide Congress with a report within

eighteen months after November 5, 1990, and biennially thereafter,

containing a detailed description of the actions taken to implement

the strategy to promote source reduction developed under section

13103(b) (!1) of this title and of the results of such actions. The

report shall include an assessment of the effectiveness of the

clearinghouse and grant program established under this chapter in

promoting the goals of the strategy, and shall evaluate data gaps

and data duplication with respect to data collected under Federal

environmental statutes.

(b) Subsequent reports

Each biennial report submitted under subsection (a) of this

section after the first report shall contain each of the following:

(1) An analysis of the data collected under section 13106 of

this title on an industry-by-industry basis for not less than

five SIC codes or other categories as the Administrator deems

appropriate. The analysis shall begin with those SIC codes or

other categories of facilities which generate the largest

quantities of toxic chemical waste. The analysis shall include an

evaluation of trends in source reduction by industry, firm size,

production, or other useful means. Each such subsequent report

shall cover five SIC codes or other categories which were not

covered in a prior report until all SIC codes or other categories

have been covered.

(2) An analysis of the usefulness and validity of the data

collected under section 13106 of this title for measuring trends

in source reduction and the adoption of source reduction by

business.

(3) Identification of regulatory and nonregulatory barriers to

source reduction, and of opportunities for using existing

regulatory programs, and incentives and disincentives to promote

and assist source reduction.

(4) Identification of industries and pollutants that require

priority assistance in multi-media source reduction (!2)

(5) Recommendations as to incentives needed to encourage

investment and research and development in source reduction.

(6) Identification of opportunities and development of

priorities for research and development in source reduction

methods and techniques.

(7) An evaluation of the cost and technical feasibility, by

industry and processes, of source reduction opportunities and

current activities and an identification of any industries for

which there are significant barriers to source reduction with an

analysis of the basis of this identification.

(8) An evaluation of methods of coordinating, streamlining, and

improving public access to data collected under Federal

environmental statutes.

(9) An evaluation of data gaps and data duplication with

respect to data collected under Federal environmental statutes.

In the report following the first biennial report provided for

under this subsection, paragraphs (3) through (9) may be included

at the discretion of the Administrator.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6608, Nov. 5, 1990, 104 Stat.

1388-326.)

-REFTEXT-

REFERENCES IN TEXT

Section 13103(b) of this title, referred to in subsec. (a), was

in the original "section 4(b)" and was translated as reading

"section 6604(b)", meaning section 6604(b) of Pub. L. 101-508,

because Pub. L. 101-508 has no section 4 but section 6604(b) of

Pub. L. 101-508 relates to development of a strategy to promote

source reduction.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by a period.

-End-

-CITE-

42 USC Sec. 13108 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13108. Savings provisions

-STATUTE-

(a) Nothing in this chapter shall be construed to modify or

interfere with the implementation of title III of the Superfund

Amendments and Reauthorization Act of 1986 [42 U.S.C. 11001 et

seq.].

(b) Nothing contained in this chapter shall be construed,

interpreted or applied to supplant, displace, preempt or otherwise

diminish the responsibilities and liabilities under other State or

Federal law, whether statutory or common.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6609, Nov. 5, 1990, 104 Stat.

1388-327.)

-REFTEXT-

REFERENCES IN TEXT

Title III of the Superfund Amendments and Reauthorization Act of

1986, referred to in subsec. (a), is title III of Pub. L. 99-499,

Oct. 17, 1986, 100 Stat. 1728, known as the Emergency Planning and

Community Right-To-Know Act of 1986, which is classified generally

to chapter 116 (Sec. 11001 et seq.) of this title. For complete

classification of title III to the Code, see Short Title note set

out under section 11001 of this title and Tables.

-End-

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42 USC Sec. 13109 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 133 - POLLUTION PREVENTION

-HEAD-

Sec. 13109. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Administrator

$8,000,000 for each of the fiscal years 1991, 1992, and 1993 for

functions carried out under this chapter (other than State

Grants),(!1) and $8,000,000 for each of the fiscal years 1991,

1992, and 1993, for grant programs to States issued pursuant to

section 13104 of this title.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6610, Nov. 5, 1990, 104 Stat.

1388-327.)

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-