42 U.S.C. § 13107 — EPA report

Page 8518 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13107 2 So in original. Probably should be ‘‘paragraphs’’. 1 See References in Text note below. 2 So in original. Probably should be followed by a period. or other general operational phases of indus- trial facilities. (4) The amount expected to be reported under paragraph 2 (1) and (2) for the two cal- endar years immediately following the cal- endar year for which the report is filed. Such amount shall be expressed as a percentage change from the amount reported in para- graphs (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 re- flect all activities involving the toxic chem- ical. In specific industrial classifications sub- ject 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 pro- duction indexes to accommodate individual in- dustries for use on a voluntary basis. (6) The techniques which were used to iden- tify source reduction opportunities. Tech- niques listed should include, but are not lim- ited to, employee recommendations, external and internal audits, participative team man- agement, and material balance audits. Each type of source reduction listed under para- graph (3) should be associated with the tech- niques or multiples of techniques used to iden- tify the source reduction technique. (7) The amount of any toxic chemical re- leased 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 fa- cility which is treated (at the facility or else- where) during such calendar year and the per- centage change from the previous year. For the first year of reporting under this sub- section, 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 re- quirements 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 informa- tion under section 11023 of this title to the ex- tent he deems necessary to include the addi- tional 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 addi- tional information regarding source reduction, recycling, and other pollution control tech- niques in earlier years. (e) Availability of data Subject to section 11042 of this title, the Ad- ministrator shall make data collected under this section publicly available in the same manner as the data collected under section 11023 of this title. (Pub. L. 101–508, title VI, § 6607, Nov. 5, 1990, 104 Stat. 1388–324.) Editorial Notes 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. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under sec- tion 9601 of this title and Tables. § 13107. EPA report (a) Biennial reports The Administrator shall provide Congress with a report within eighteen months after No- vember 5, 1990, and biennially thereafter, con- taining 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 re- spect to data collected under Federal environ- mental statutes. (b) Subsequent reports Each biennial report submitted under sub- section (a) 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-in- dustry 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 facili- ties which generate the largest quantities of toxic chemical waste. The analysis shall in- clude an evaluation of trends in source reduc- tion by industry, firm size, production, or other useful means. Each such subsequent re- port shall cover five SIC codes or other cat- egories which were not covered in a prior re- port 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 re- duction and the adoption of source reduction by business. (3) Identification of regulatory and non- regulatory 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 pollut- ants that require priority assistance in multi- media source reduction 2 (5) Recommendations as to incentives need- ed to encourage investment and research and development in source reduction. (6) Identification of opportunities and devel- opment of priorities for research and develop- Page 8519 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13109 1 So in original. Probably should not be capitalized. ment in source reduction methods and tech- niques. (7) An evaluation of the cost and technical feasibility, by industry and processes, of source reduction opportunities and current ac- tivities 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 coordi- nating, streamlining, and improving public ac- cess to data collected under Federal environ- mental statutes. (9) An evaluation of data gaps and data du- plication 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. (Pub. L. 101–508, title VI, § 6608, Nov. 5, 1990, 104 Stat. 1388–326.) Editorial Notes 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 devel- opment of a strategy to promote source reduction. § 13108. Savings provisions (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 re- sponsibilities and liabilities under other State or Federal law, whether statutory or common. (Pub. L. 101–508, title VI, § 6609, Nov. 5, 1990, 104 Stat. 1388–327.) Editorial Notes REFERENCES IN TEXT Title III of the Superfund Amendments and Reau- thorization 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 gen- erally to chapter 116 (§ 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. § 13109. Authorization of appropriations 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. (Pub. L. 101–508, title VI, § 6610, Nov. 5, 1990, 104 Stat. 1388–327.) CHAPTER 134—ENERGY POLICY Sec. 13201. ‘‘Secretary’’ defined. SUBCHAPTER I—ALTERNATIVE FUELS—GENERAL 13211. Definitions. 13212. Minimum Federal fleet requirement. 13213. Refueling. 13214. Federal agency promotion, education, and co- ordination. 13215. Omitted. 13216. Recognition and incentive awards program. 13217. Measurement of alternative fuel use. 13218. Reports. 13219. United States Postal Service. 13220. Biodiesel fuel use credits. SUBCHAPTER II—ALTERNATIVE FUELS—NON- FEDERAL PROGRAMS 13231. Public information program. 13232. Labeling requirements. 13233. Data acquisition program. 13234. Federal Energy Regulatory Commission au- thority to approve recovery of certain ex- penses in advance. 13235. State and local incentives programs. 13236. Alternative fuel bus program. 13237. Certification of training programs. 13238. Alternative fuel use in nonroad vehicles and engines. 13239. Low interest loan program. SUBCHAPTER III—AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHI- CLES 13251. Mandate for alternative fuel providers. 13252. Replacement fuel supply and demand pro- gram. 13253. Replacement fuel demand estimates and sup- ply information. 13254. Modification of goals; additional rulemaking authority. 13255. Voluntary supply commitments. 13256. Technical and policy analysis. 13257. Fleet requirement program. 13258. Credits. 13259. Secretary’s recommendations to Congress. 13260. Effect on other laws. 13261. Prohibited acts. 13262. Enforcement. 13263. Powers of Secretary. 13263a. Alternative compliance. 13264. Authorization of appropriations. SUBCHAPTER IV—ELECTRIC MOTOR VEHICLES 13271. Definitions. PART A—ELECTRIC MOTOR VEHICLE COMMERCIAL DEMONSTRATION PROGRAM 13281. Program and solicitation. 13282. Selection of proposals. 13283. Discount payments. 13284. Cost-sharing. 13285. Reports to Congress. 13286. Authorization of appropriations. PART B—ELECTRIC MOTOR VEHICLE INFRASTRUCTURE AND SUPPORT SYSTEMS DEVELOPMENT PROGRAM 13291. General authority. 13292. Proposals. 13293. Protection of proprietary information. 13294. Compliance with existing law.