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42 U.S.C. § 13106 — Source reduction and recycling data collection

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13106 — Source reduction and recycling data collection

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Stable record: federal_law:legal_authorities:record_usc_417ac5257538e0f8cba25cb5
Source file: Laws/federal/codes/united-states-code/title-42/section-13106-source-reduction-and-recycling-data-collection--15bf07c57d.md
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Source location: Title 42, Chapter 133, § 13106; chapter-133-pollution-prevention.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim) for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and recycling report for the preceeding 11 So in original. Probably should be “preceding”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023/c&num=0&edition=prelim). This section shall take effect with the annual report filed under [section 11023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim) 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) 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 22 So in original. Probably should be “paragraphs”. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim). The Administrator may modify the form required for purposes of reporting information under [section 11023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11042&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11023&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11023 — Toxic chemical release forms

**(a) Basic requirement** The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (g) for each toxic chemical listed under subsection (c) that was manufactured, processed, or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (f) during the preceding calendar year at such facility. Such form shall be submitted to the Administrator and to an official or officials of the State designated by the Governor on or before July 1, 1988, and annually thereafter on July 1 and shall contain data reflecting releases during the preceding calendar year. **(b) Covered owners and operators of facilities** (1) **In general** (A) The requirements of this section shall apply to owners and operators of facilities that have 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed, or otherwise used a toxic chemical listed under subsection (c) in excess of the quantity of that toxic chemical established under subsection (f) during the calendar year for which a release form is required under this section. (B) The Administrator may add or delete Standard Industrial Classification Codes for purposes of subparagraph (A), but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section. (C) For purposes of this section— (i) The term “manufacture” means to produce, prepare, import, or compound a toxic chemical. (ii) The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce—

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11023

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11042 — Trade secrets

**(a) Authority to withhold information** (1) **General authority** (A) With regard to a hazardous chemical, an extremely hazardous substance, or a toxic chemical, any person required under section 11003(d)(2), 11003(d)(3), 11021, 11022, or 11023 of this title to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification), as defined in regulations prescribed by the Administrator under subsection (c), if the person complies with paragraph (2). (B) Any person withholding the specific chemical identity shall, in the place on the submittal where the chemical identity would normally be included, include the generic class or category of the hazardous chemical, extremely hazardous substance, or toxic chemical (as the case may be). (2) **Requirements** (A) A person is entitled to withhold information under paragraph (1) if such person— (i) claims that such information is a trade secret, on the basis of the factors enumerated in subsection (b), (ii) includes in the submittal referred to in paragraph (1) an explanation of the reasons why such information is claimed to be a trade secret, based on the factors enumerated in subsection (b), including a specific description of why such factors apply, and (iii) submits to the Administrator a copy of such submittal, and the information withheld from such submittal. (B) In submitting to the Administrator the information required by subparagraph (A)(iii), a person withholding information under this subsection may— (i) designate, in writing and in such manner as the Administrator may prescribe by regulation, the information which such person believes is entitled to be withheld under paragraph (1), an

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11042

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13107 — EPA report

**(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) 11 See References in Text note below. 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) after the first report shall contain each of the following: (1) An analysis of the data collected under [section 13106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13106&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13106&num=0&edition=prelim) for measuring trends in

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13107

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13106 — Source reduction and recycling data col-

Page 8517 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13106 1 So in original. Probably should be ‘‘businesses’’. 1 So in original. Probably should be ‘‘preceding’’. ate outstanding or innovative source reduc- tion programs. (Pub. L. 101–508, title VI, § 6604, Nov. 5, 1990, 104 Stat. 1388–322.) § 13104. Grants to States for State technical as- sistance programs (a) General authority The Administrator shall make matching grants to States for programs to promote the use of source reduction techniques by busi- nesses. (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 avail- able 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 pro- moting the use of source reduction techniques by businesses. (e) Information States receiving grants under this section shall make inform

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 13106

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