Calendar No. 973
101st CONGRESS
2d Session
S. 585
[Report No. 101-526]
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.
October 12 (legislative day, OCTOBER 2), 1990
Reported with amendments
S 585 RS
Calendar No. 973
101st CONGRESS
2d Session
S. 585
[Report No. 101-526]
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, Ms. MIKULSKI, Mr. KASTEN, Mr. KERRY, Mr. CRANSTON, Mr. WIRTH,
Mr. RUDMAN, Mr. BAUCUS, Mr. CHAFEE, and Mr. GRAHAM) introduced the following
bill; which was read twice and referred to the Committee on Environment and
Public Works
October 12 (legislative day, OCTOBER 2), 1990
Reported by Mr. BURDICK, with amendments
[Omit the part struck through and insert the part printed in italic]
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  [Struck out->]
  1989'.  [<-Struck out] 1990'.
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  [Struck out->] pollution control  [<-Struck out]
recycling data collection.
 [Struck out->] Sec. 8. National pollution prevention awards. [<-Struck out]
 [Struck out->] Sec. 9.  [<-Struck out] Sec. 8. EPA report.
 [Struck out->] Sec. 10.  [<-Struck out] Sec. 9. Savings provisions.
 [Struck out->] Sec. 11.  [<-Struck out] Sec. 10. Authorization of
 appropriations.
 [Struck out->] Sec. 12.  [<-Struck out] Sec. 11. Implementation.
SEC. 2. FINDINGS AND POLICY.
  (a) FINDINGS- The Congress finds that:
  (1) The United States of America annually produces millions of tons of
  [Struck out->] toxic chemical waste, hazardous substances, and other waste
  [<-Struck out] pollution and spends tens of billions of dollars per year
  controlling this pollution.
  (2) There are significant opportunities for industry to reduce  [Struck
  out->] the generation of hazardous substances, pollutants, or contaminants
  [<-Struck out] 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  [Struck out->] hazardous substances, pollutants, or contaminants;
  [<-Struck out] 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.
 [Struck out->]   (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. [<-Struck out]
  (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 Act.
  (b) POLICY- The Congress hereby declares it to be the national policy
  of the United States  [Struck out->] 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  [<-Struck out]
  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;  [Struck out->] hazardous
  substances, pollutants, or contaminants  [<-Struck out] 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.
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  [Struck out->] hazard  [<-Struck out]
  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  [Struck out->] ground  [<-Struck out]
  water,  [Struck out->] surface water, oceans,  [<-Struck out] 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.
SEC. 4. EPA ACTIVITIES.
  (a) AUTHORITIES-  [Struck out->] There shall be established  [<-Struck out]
  The Administrator shall establish in the  [Struck out->] Environmental
  Protection  [<-Struck out] 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.  [Struck out->] 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.  [<-Struck out] 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  [Struck out->] pollution prevention through  [<-Struck out]
  source reduction. As part of the strategy, the Administrator shall--
  (1) establish standard methods of measurement of source reduction;
  (2) ensure that the  [Struck out->] Environmental Protection  [<-Struck
  out] Agency considers the effect of its existing and proposed programs on
  source reduction efforts and shall review regulations of the  [Struck out->]
  Environmental Protection  [<-Struck out] Agency prior and subsequent to
  their proposal to determine their effect on source reduction;
  (3) coordinate source reduction activities in each  [Struck out->]
  Environmental Protection  [<-Struck out] Agency Office and coordinate with
  appropriate offices to promote source reduction practices in other Federal
  agencies,  [Struck out->] and programs  [<-Struck out] and generic research
  and development on techniques and processes which have broad applicability;
  (4)  [Struck out->] investigate  [<-Struck out] develop improved methods of
  coordinating,  [Struck out->] and  [<-Struck out] streamlining and assuring
  public access to  data  [Struck out->] collection requirements  [<-Struck
  out] collected under  [Struck out->] existing  [<-Struck out] Federal
  environmental statutes;  [Struck out->] 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; [<-Struck out]
 [Struck out->]   (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; [<-Struck out]
   [Struck out->] (6)  [<-Struck out] (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 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;
   [Struck out->] (7) include,  [<-Struck out] (6) identify, where appropriate,
   measurable goals which reflect the policy of this Act, the tasks necessary
   to  [Struck out->] implement the policy and  [<-Struck out] achieve
   the goals, dates at which the principal tasks are to be accomplished,
   required resources, organizational responsibilities, and the means by
   which progress in  [Struck out->] achieving the policy and  [<-Struck out]
   meeting the goals will be measured;
 [Struck out->]   (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; [<-Struck out]
   [Struck out->] (9)  [<-Struck out] (8) 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;
 [Struck out->]   (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. [<-Struck out]
  (9) establish a training program on multimedia source reduction
  opportunities, including workshops and guidance documents, for State and
  Federal permit issuance, enforcement, and inspection officials working
  within all agency program offices.
   [Struck out->] (11)  [<-Struck out] (10) identify and make recommendations
   to Congress to eliminate barriers to source reduction including the use
   of incentives and disincentives;
   [Struck out->] (12)  [<-Struck out] (11) identify opportunities to use
   Federal procurement to encourage source reduction;
   [Struck out->] (13)  [<-Struck out] (12) develop, test and disseminate
   model source reduction auditing procedures designed to highlight source
   reduction opportunities; and
 [Struck out->]   (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. [<-Struck out]
  (13) establish an annual award program to recognize a company or companies
  which operate outstanding or innovative source reduction programs.
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.
 [Struck out->]   (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. [<-Struck out]
  (c) MATCHING FUNDS- Federal funds used in any State program under this
  section shall provide no more than  [Struck out->] 75 per centum in
  fiscal years 1990 and 1991, 62.5 per centum in fiscal years 1992 and 1993,
  [<-Struck out] 50 per centum  [Struck out->] in fiscal year 1994  [<-Struck
  out] 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 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 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  [Struck out->] POLLUTION CONTROL  [<-Struck out]
RECYCLING 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  [Struck out->] pollution control  [<-Struck out]
  recycling report for the preceeding calendar year. The toxic chemical
  source reduction and  [Struck out->] pollution control  [<-Struck out]
  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 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 toxic chemical source reduction
  and  [Struck out->] pollution control  [<-Struck out] recycling 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. 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.
   [Struck out->] (2)  [<-Struck out] (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.
   [Struck out->] (3)  [<-Struck out] (4) The amount expected to be reported
   under paragraph (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
   [Struck out->] paragraph (1).  [<-Struck out] paragraphs (1) and (2).
   [Struck out->] (4)  [<-Struck out] (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  [Struck out->] guidelines tailoring
   the production index requirement to accomodate individual industries.
   [<-Struck out] production indexes to accommodate individual industries
   for use on a voluntary basis.
   [Struck out->] (5)  [<-Struck out] (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  [Struck out->] (2)
   [<-Struck out] (3) should be associated with the techniques or multiples
   of techniques used to identify the source reduction technique.
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
  (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  [Struck out->] section,  [<-Struck
out] subsection, comparison with the previous year is required only to the
extent such information is available.
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (2) DATA TO BE REPORTED- Each facility selected for the
 survey shall report each of the following to the Administrator: [<-Struck out]
 [Struck out->]   (A) For each waste stream for the last full calendar year
 and the percentage change from the previous year-- [<-Struck out]
 [Struck out->]   (i) the volume of the waste generated after source reduction
 but prior to recycling and treatment; [<-Struck out]
 [Struck out->]   (ii) the volume of the waste after recycling but prior to
 treatment; and [<-Struck out]
 [Struck out->]   (iii) the volume of the waste after treatment but prior
 to disposal. [<-Struck out]
 [Struck out->]   (B) A ratio of production in the reporting year to production
 in the previous year. [<-Struck out]
 [Struck out->]   (C) Other information that the Administrator determines
 is needed in order to complete the report under section 9. [<-Struck out]
 [Struck out->]   (3) The Administrator shall collect data pursuant to this
 subsection for four years. [<-Struck out]
   [Struck out->] (e)  [<-Struck out] (c) 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.
   [Struck out->] (f)  [<-Struck out] (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.
   [Struck out->] (g)  [<-Struck out] (e) 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.
 [Struck out->] SEC. 8. NATIONAL POLLUTION PREVENTION AWARDS. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck
 out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (2) No award shall be made within any category or
 subcategory if there are no qualifying enterprises in that category or
 subcategory. [<-Struck out]
 [Struck out->]   (d) CRITERIA FOR QUALIFICATION- An organization may qualify
 for an award under this section only if it-- [<-Struck out]
 [Struck out->]   (A) applies to the Administrator in writing, for the award,
 [<-Struck out]
 [Struck out->]   (B) permits a rigorous evaluation of the way in which
 its business and other operations have contributed to some reduction, and
 [<-Struck out]
 [Struck out->]   (C) meets such requirements and specifications as the
 Administrator determines to be appropriate to achieve the objectives of
 this section. [<-Struck out]
 [Struck out->] 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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
 [Struck out->]   (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. [<-Struck out]
SEC.  [Struck out->] 9.  [<-Struck out] 8. EPA REPORT.
  (a) BIENNIAL REPORTS- The Administrator shall provide Congress with a
  report  [Struck out->] by September 30, 1991,  [<-Struck out] within
  eighteen months after enactment of this Act 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 shall evaluate data
  gaps and data duplication with respect to data collected under Federal
  environmental statutes.  [Struck out->] and the plan required by section
  5(b)(14). [<-Struck out]
  (b) SUBSEQUENT REPORTS- Each biennial report submitted under subsection
  (a) after the first report  [Struck out->] submitted on September 30, 1991,
  [<-Struck out] 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  [Struck out->] highest  [<-Struck out] 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 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 existing regulatory programs,
  and incentives and disincentives to promote and assist source reduction.
  (4) Identification of  [Struck out->] priority  [<-Struck out] industries and
  pollutants that require priority assistance in multi-media source reduction
  [Struck out->] and an evaluation of the need of different industries to
  develop source reduction plans [<-Struck out] .
  (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.
 [Struck out->]   (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. [<-Struck out]
  (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.
SEC.  [Struck out->] 10.  [<-Struck out] 9. 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.  [Struck out->] 11.  [<-Struck out] 10. AUTHORIZATION OF APPROPRIATIONS.
 [Struck out->]   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. [<-Struck out]
  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 Act (other than State grants), and $8,000,000 for each of
  the fiscal years 1991, 1992, and 1993, for grant programs to States issued
  pursuant to section 5.
SEC.  [Struck out->] 12.  [<-Struck out] 11. IMPLEMENTATION.
  The Administrator is authorized to issue such rules, regulations, and
  orders as may be necessary to carry out the provisions of this Act.
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