S 585 IS
101st CONGRESS
1st Session
S. 585
To implement the national objective of pollution prevention by establishing a
source reduction program at the Environmental Protection Agency, by assisting
States in providing information and technical assistance regarding source
reduction, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 15 (legislative day, JANUARY 3), 1989
Mr. LAUTENBERG (for himself, Mr. DURENBERGER, Mr. MOYNIHAN, Mr. JEFFORDS,
Mr. BIDEN, Mr. LUGAR, Mr. REID, Mr. LIEBERMAN, Mr. SHELBY, Mr. METZENBAUM,
Mr. LEVIN, Mr. D'AMATO, Mr. PELL, Mr. FOWLER, Mr. GLENN, Mr. HEINZ,
Mr. SANFORD, Mr. BRADLEY, Mr. DODD, Mr. SARBANES, Mr. BUMPERS, Mr. DANFORTH,
Mr. ADAMS, and Ms. MIKULSKI) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
A BILL
To implement the national objective of pollution prevention by establishing a
source reduction program at the Environmental Protection Agency, by assisting
States in providing information and technical assistance regarding source
reduction, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
  This Act may be cited as the `Pollution Prevention Act of 1989'.
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
Sec. 2. Findings and policy.
Sec. 3. Definitions.
Sec. 4. EPA activities.
Sec. 5. Grants to States for State technical assistance programs.
Sec. 6. Source reduction clearinghouse.
Sec. 7. Source reduction and pollution control data collection.
Sec. 8. National pollution prevention awards.
Sec. 9. EPA report.
Sec. 10. Savings provisions.
Sec. 11. Authorization of appropriations.
Sec. 12. Implementation.
SEC. 2. FINDINGS AND POLICY.
  (a) FINDINGS- The Congress finds that:
  (1) The United States of America annually produces millions of tons of
  toxic chemical waste, hazardous substances, and other waste and spends
  tens of billions of dollars per year controlling this pollution.
  (2) There are significant opportunities for industry to reduce the generation
  of hazardous substances, pollutants, or contaminants at the source through
  costeffective 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 hazardous substances, pollutants, or contaminants; 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) The Environmental Protection Agency can implement pollution prevention
  through source reduction by establishing a source reduction program which
  collects and disseminates information, provides financial assistance to
  States, and implements the other activities provided for in this Act.
  (b) POLICY- The Congress hereby declares it to be the national policy of
  the United States to promote pollution prevention and that the generation
  of hazardous substances, pollutants, or contaminants should be reduced or
  eliminated at the source whenever feasible; hazardous substances, pollutants,
  or contaminants that are generated should be recycled in an environmentally
  safe manner, whenever feasible; hazardous substances, pollutants, or
  contaminants that cannot be prevented or recycled should be treated in
  an environmentally safe manner; and disposal should be employed only as
  a last resort and should be conducted in an environmentally safe manner.
SEC. 3. DEFINITIONS.
  For purposes of this Act--
  (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 313(c) of the Superfund Amendments and Reauthorization Act of 1986.
  (4) The term `release' has the same meaning as provided by section 329(8)
  of the Superfund Amendments and Reauthorization Act of 1986.
  (5)(A) The term `source reduction' means any practice which--
  (i) reduces the amount of any hazard 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 ground water, surface water, oceans, air,
  and land.
SEC. 4. EPA ACTIVITIES.
  (a) AUTHORITIES- There shall be established in the Environmental Protection
  Agency an office to carry out the functions of the Administrator under
  this Act. 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
  Environmental Protection Agency as the Administrator shall designate who
  is directly responsible to the Administrator.
  (b) FUNCTIONS- The Administrator shall develop and implement a strategy
  to promote pollution prevention through source reduction. As part of the
  strategy, the Administrator shall--
  (1) establish standard methods of measurement of source reduction;
  (2) ensure that the Environmental Protection Agency considers the effect
  of its existing and proposed programs on source reduction efforts and
  shall review regulations of the Environmental Protection Agency prior and
  subsequent to their proposal to determine their effect on source reduction;
  (3) coordinate source reduction activities in each Environmental Protection
  Agency Office and coordinate with appropriate offices to promote source
  reduction practices in other Federal agencies and programs and generic
  research and development on techniques and processes which have broad
  applicability;
  (4) investigate methods of coordinating and streamlining data collection
  requirements under existing environmental statutes. The Administrator
  shall develop an inventory of existing data regarding the generation
  and management of hazardous substances, pollutants, or contaminants,
  consider developing common nomenclature, consistent reporting formats,
  and compatible data storage and retrieval systems;
  (5) determine what capabilities the Environmental Protection Agency should
  have to measure hazardous substance, pollution, or contaminant generation
  and management practices in the United States. The Administrator shall
  identify data gaps and determine what, if any, changes are needed in
  existing agency practices with respect to the collection and handling
  of data regarding the generation and management of hazardous substances,
  pollutants, or contaminants;
  (6) 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 Act 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;
  (7) include, where appropriate, measurable goals which reflect the policy
  of this Act, the tasks necessary to implement the policy and achieve the
  goals, dates at which the principal tasks are to be accomplished, required
  resources, organizational responsibilities, and the means by which progress
  in achieving the policy and meeting the goals will be measured;
  (8) establish a senior level liaison group with industry, public interest
  groups, and State source reduction program officials to provide guidance
  to the Administrator, to provide outreach to the industrial community,
  and to provide a liaison group for the educational community to promote
  the introduction of source reduction principles into engineering and
  management curricula;
  (9) 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;
  (10) develop multi-media training programs for Federal and State permit
  writers and enforcement and inspection officials to assist them in
  identifying source reduction opportunities in air, water, and land programs.
  (11) identify and make recommendations to Congress to eliminate barriers
  to source reduction including the use of incentives and disincentives;
  (12) identify opportunities to use Federal procurement to encourage source
  reduction;
  (13) develop, test and disseminate model source reduction auditing procedures
  designed to highlight source reduction opportunities; and
  (14) promote source reduction for nonhazardous wastes by integrating
  this goal in other pollution prevention programs and by developing and
  implementing a detailed plan for long-term programs to encourage a reduction
  in the per capita generation of such wastes.
SEC. 5. GRANTS TO STATES FOR STATE TECHNICAL ASSISTANCE PROGRAMS.
  (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 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.
  (4) Making grants to any organizations for research and development and
  pilot tests and demonstration projects if such an investment was designed
  to obtain new source reduction technology, or new applications of existing
  technology which have broad applicability.
  (c) MATCHING FUNDS- Federal funds used in any State program under this
  section shall provide no more than 75 per centum in fiscal years 1990
  and 1991, 62.5 per centum in fiscal years 1992 and 1993, 50 per centum in
  fiscal year 1994 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.
SEC. 6. SOURCE REDUCTION CLEARINGHOUSE.
  (a) AUTHORITY- The Administrator shall establish a Source Reduction
  Clearinghouse to compile 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 5 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
  Act 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.
SEC. 7. SOURCE REDUCTION AND POLLUTION CONTROL DATA COLLECTION.
  (a) REPORTING REQUIREMENTS- Each owner or operator of a facility required
  to file an annual toxic chemical release form under section 313 of the
  Superfund amendments and Reauthorization Act of 1986 (`SARA') for any
  toxic chemical shall include with each such annual filing a toxic chemical
  source reduction and pollution control report. The toxic chemical source
  reduction and pollution control 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 313(c) of that Act. This section
  shall take effect with the annual report filed under section 313 for the
  first full calendar year beginning after the enactment of this Act.
  (b) ITEMS INCLUDED IN REPORT- The source reduction and pollution control
  report required under subsection (a) 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. 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 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.
  (3) The amount expected to be reported under paragraph (1) 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 paragraph (1).
  (4) 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 guidelines tailoring
  the production index requirement to accomodate individual industries.
  (5) 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 (2) should be associated with the techniques or
  multiples of techniques used to identify the source reduction technique.
  (6) The total volume of each toxic chemical that, during the calendar
  year for which the report is filed, was (A) recycled, (B) treated, or
  (C) disposed.
  (7) The amount of any hazardous substances, pollutants, or contaminants
  released into the environment and included in the report which resulted
  from remedial action and not from current production processes.
For the first year of reporting under this section, comparison with the
previous year is required only to the extent such information is available.
  (c) ADDITIONAL REPORTING- The Administrator may require more detailed
  reporting of source reduction practices where appropriate, including
  information generally describing the specific source reduction techniques
  employed, information on the length of time a source reduction practice
  has been or will be employed, the estimated amounts of toxic chemical
  waste that are reduced through the use of any source reduction practice,
  and the relative costs and benefits of any such practice.
  (d) WASTE STREAM SURVEY- (1) The Administrator shall collect the following
  information from a representative sample of facilities required to file
  an annual toxic chemical release form under section 313 of the Superfund
  Amendments and Reauthorization Act of 1986. The sample shall be drawn from
  the five two-digit SIC code classifications producing the highest quantity
  of toxic releases, or having the highest volume of toxic chemicals entering
  the waste stream.
  (2) DATA TO BE REPORTED- Each facility selected for the survey shall report
  each of the following to the Administrator:
  (A) For each waste stream for the last full calendar year and the percentage
  change from the previous year--
  (i) the volume of the waste generated after source reduction but prior to
  recycling and treatment;
  (ii) the volume of the waste after recycling but prior to treatment; and
  (iii) the volume of the waste after treatment but prior to disposal.
  (B) A ratio of production in the reporting year to production in the
  previous year.
  (C) Other information that the Administrator determines is needed in order
  to complete the report under section 9.
  (3) The Administrator shall collect data pursuant to this subsection for
  four years.
  (e) SARA PROVISIONS- The provisions of sections 322, 325(c), and 326
  of the Superfund Amendments and Reauthorization Act of 1986 shall apply
  to the reporting requirements of this section in the same manner as to
  the reports required under section 313 of that Act. The Administrator
  may modify the form required for purposes of reporting information under
  section 313 of that Act to the extent he deems necessary to include the
  additional information required under this section.
  (f) 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.
  (g) AVAILABILITY OF DATA- Subject to section 322 of the Superfund
  Amendments and Reauthorization Act of 1986, the Administrator shall make
  data collected under this section publicly available in the same manner
  as the data collected under section 313 of the Superfund Amendments and
  Reauthorization Act of 1986.
SEC. 8. NATIONAL POLLUTION PREVENTION AWARDS.
  (a) ESTABLISHMENT- There is hereby established the National Pollution
  Prevention Award, which shall be evidenced by a medal of such design and
  materials and bear such inscriptions as the Administrator may prescribe.
  (b) MAKING AND PRESENTATION OF AWARD- (1) The President (on the basis of
  recommendations received from the Administrator), or the Administrator,
  shall periodically make the award to companies and other organizations which
  in the judgment of the President or the Administrator have substantially
  benefited the economic or social well-being of the United States through
  the reduction in the generation of their hazardous substances, pollutants,
  or contaminants or in the generation of nonhazardous solid waste and which,
  as a consequence, are deserving of special recognition.
  (2) The presentation of the award shall be made by the President or the
  Administrator with such ceremonies as the President or the Administrator
  may deem proper.
  (3) An organization to which an award is made under this section, and
  which agrees to help other American organizations improve their source
  reduction, may publicize its receipt of such award and use the award in
  its advertising, but it shall be ineligible to receive another such award
  in the same category for a period of five years.
  (c) CATEGORIES IN WHICH AWARD MAY BE GIVEN- (1) The Administrator may
  establish such categories or subcategories to make such awards as the
  Administrator deems appropriate. The Administrator shall establish at
  least one category for small businesses and at least one category for
  organizations which, although they do not generate hazardous substances,
  pollutants, or contaminants, promote pollution prevention.
  (2) No award shall be made within any category or subcategory if there
  are no qualifying enterprises in that category or subcategory.
  (d) CRITERIA FOR QUALIFICATION- An organization may qualify for an award
  under this section only if it--
  (A) applies to the Administrator in writing, for the award,
  (B) permits a rigorous evaluation of the way in which its business and
  other operations have contributed to some reduction, and
  (C) meets such requirements and specifications as the Administrator
  determines to be appropriate to achieve the objectives of this section.
In applying the provisions of subparagraph (C) with respect to any
organization, the Administrator shall review the evidence submitted by the
organization and, through a site visit, verify the accuracy of the source
reduction improvements claimed. The evaluation should encompass all aspects
of the organization's current source reduction practices; as well as the
organization's provision for source reduction in its future goals. The award
shall be given only to organizations which have made outstanding improvements
in source reduction.
  (e) EVALUATION RESULTS- The Administrator shall ensure that all program
  participants receive the complete results of their evaluations as well as
  detailed explanations of all suggestions for improvements. The Administrator
  shall also provide information about the awards and the successful quality
  improvement strategies and programs of the award-winning participants to
  all participants and other appropriate groups.
  (f) FUNDING- The Administrator is authorized to seek and accept gifts from
  public and private sources to carry out the program under this section. If
  additional sums are needed to cover the full cost of the program, the
  Administrator shall impose fees upon the organizations applying for the
  award in amounts sufficient to provide such additional sums.
SEC. 9. EPA REPORT.
  (a) BIENNIAL REPORTS- The Administrator shall provide Congress with a report
  by September 30, 1991, and biennially thereafter, containing a detailed
  description of the actions taken to implement the strategy to promote
  source reduction developed under section 4(b) 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 Act in promoting
  the goals of the strategy and the plan required by section 5(b)(14).
  (b) SUBSEQUENT REPORTS- Each biennial report submitted under subsection
  (a) after the first report submitted on September 30, 1991, shall contain
  each of the following:
  (1) An analysis of the data collected under section 7 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
  highest 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.
  (2) An analysis of the usefulness and validity of the data collected under
  section 7 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 incentives and disincentives to
  promote and assist source reduction.
  (4) Identification of priority industries and pollutants that require
  assistance in multi-media source reduction and an evaluation of the need
  of different industries to develop source reduction plans.
  (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.
  (8) An identification of any industries for which there are significant
  barriers to source reduction due either to the nature of the manufacturing
  process or cost with an analysis of the basis of this identification.
SEC. 10. SAVINGS PROVISIONS.
  (a) Nothing in this Act shall be construed to modify or interfere with the
  implementation of title III of the Superfund Amendments and Reauthorization
  Act of 1986.
  (b) Nothing contained in this Act 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.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
  There is authorized to be appropriated to the Administrator $10,000,000 for
  each of the fiscal years 1990, 1991, 1992, 1993, and 1994 for functions
  carried out under this Act (other than State grants) and $30,000,000 in
  fiscal year 1990, $40,000,000 in fiscal years 1991 and 1992, and $50,000,000
  in fiscal years 1993 and 1994 for grants program to States issued pursuant
  to section 5.
SEC. 12. IMPLEMENTATION.
  The Administrator is authorized to issue such rules, regulations, and
  orders as may be necessary to carry out the provisions of this Act.