42 U.S.C. § 13101 — Findings and policy

Page 8515 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13101 SUBCHAPTER IV—REPORTING REQUIREMENTS § 13031. Transferred Editorial Notes CODIFICATION Section 13031 was editorially reclassified as section 20341 of Title 34, Crime Control and Law Enforcement. § 13032. Repealed. Pub. L. 110–401, title V, § 501(b)(1), Oct. 13, 2008, 122 Stat. 4251 Section, Pub. L. 101–647, title II, § 227, as added Pub. L. 105–314, title VI, § 604(a), Oct. 30, 1998, 112 Stat. 2983; amended Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 121], Nov. 29, 1999, 113 Stat. 1535, 1501A–23; Pub. L. 108–21, title V, § 508(a), Apr. 30, 2003, 117 Stat. 683; Pub. L. 109–248, title I, § 130, July 27, 2006, 120 Stat. 601, re- quired certain electronic communication service or re- mote computing service providers to report child por- nography violations, established conditions for disclo- sure of the information reported, and limited civil li- ability and scope of reports by informants. SUBCHAPTER V—CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS § 13041. Transferred Editorial Notes CODIFICATION Section 13041 was editorially reclassified as section 20351 of Title 34, Crime Control and Law Enforcement. SUBCHAPTER VI—TREATMENT FOR JUVE- NILE OFFENDERS WHO ARE VICTIMS OF CHILD ABUSE OR NEGLECT §§ 13051 to 13055. Repealed. Pub. L. 102–586, § 2(i)(2), Nov. 4, 1992, 106 Stat. 5015 Section 13051, Pub. L. 101–647, title II, § 251, Nov. 29, 1990, 104 Stat. 4814, authorized Administrator to make grants to public and nonprofit private organizations to develop, establish, and support projects for juvenile of- fenders who are victims of child abuse or neglect. Section 13052, Pub. L. 101–647, title II, § 252, Nov. 29, 1990, 104 Stat. 4815, related to administrative require- ments. Section 13053, Pub. L. 101–647, title II, § 253, Nov. 29, 1990, 104 Stat. 4815, provided that Administrator in making grants give priority to applicants with experi- ence and not disapprove an application solely because applicant proposes treating or serving juveniles whose offenses were not serious crimes. Section 13054, Pub. L. 101–647, title II, § 254, Nov. 29, 1990, 104 Stat. 4815, authorized appropriations to carry out this subchapter. Section 13055, Pub. L. 101–647, title II, § 255, Nov. 29, 1990, 104 Stat. 4815, defined ‘‘Administrator’’ and ‘‘juve- nile’’ for purposes of this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 102–586, § 2(i)(2), Nov. 4, 1992, 106 Stat. 5015, provided that the repeal by that section is effective Sept. 30, 1993. CHAPTER 133—POLLUTION PREVENTION Sec. 13101. Findings and policy. 13102. Definitions. 13103. EPA activities. Sec. 13104. Grants to States for State technical assist- ance programs. 13105. Source Reduction Clearinghouse. 13106. Source reduction and recycling data collec- tion. 13107. EPA report. 13108. Savings provisions. 13109. Authorization of appropriations. § 13101. Findings and policy (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 con- trolling this pollution. (2) There are significant opportunities for in- dustry to reduce or prevent pollution at the source through cost-effective changes in pro- duction, operation, and raw materials use. Such changes offer industry substantial sav- ings in reduced raw material, pollution con- trol, 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 regula- tions, and the industrial resources they re- quire for compliance, focus upon treatment and disposal, rather than source reduction; ex- isting regulations do not emphasize multi- media management of pollution; and busi- nesses need information and technical assist- ance to overcome institutional barriers to the adoption of source reduction practices. (4) Source reduction is fundamentally dif- ferent and more desirable than waste manage- ment and pollution control. The Environ- mental Protection Agency needs to address the historical lack of attention to source re- duction. (5) As a first step in preventing pollution through source reduction, the Environmental Protection Agency must establish a source re- duction program which collects and dissemi- nates information, provides financial assist- ance to States, and implements the other ac- tivities provided for in this chapter. (b) Policy The Congress hereby declares it to be the na- tional policy of the United States that pollution should be prevented or reduced at the source whenever feasible; pollution that cannot be pre- vented should be recycled in an environmentally safe manner, whenever feasible; pollution that cannot be prevented or recycled should be treat- ed 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 environ- mentally safe manner. (Pub. L. 101–508, title VI, § 6602, Nov. 5, 1990, 104 Stat. 1388–321.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(5), was in the original ‘‘this subtitle’’, meaning subtitle F (§§ 6501, 6601–6610) of title VI, Pub. L. 101–508, which is classified Page 8516 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13102 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. generally to this chapter. For complete classification of subtitle F to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–508, title VI, § 6601, Nov. 5, 1990, 104 Stat. 1388–321, provided that: ‘‘This subtitle [subtitle F (§§ 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’.’’ § 13102. Definitions For purposes of this chapter— (1) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) The term ‘‘Agency’’ means the Environ- mental 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 mean- ing 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 enter- ing 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 re- lease of such substances, pollutants, or con- taminants. The term includes equipment or technology modifications, process or procedure modifica- tions, reformulation or redesign of products, substitution of raw materials, and improve- ments in housekeeping, maintenance, train- ing, or inventory control. (B) The term ‘‘source reduction’’ does not in- clude 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 pro- viding 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. (Pub. L. 101–508, title VI, § 6603, Nov. 5, 1990, 104 Stat. 1388–321.) § 13103. EPA activities (a) Authorities The Administrator shall establish in the Agen- cy an office to carry out the functions of the Ad- ministrator 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 re- duction. The office shall be under the direction of such officer of the Agency as the Adminis- trator shall designate. (b) Functions The Administrator shall develop and imple- ment a strategy to promote source reduction. As part of the strategy, the Administrator shall— (1) establish standard methods of measure- ment of source reduction; (2) ensure that the Agency considers the ef- fect of its existing and proposed programs on source reduction efforts and shall review regu- lations 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 ap- propriate offices to promote source reduction practices in other Federal agencies, and ge- neric research and development on techniques and processes which have broad applicability; (4) develop improved methods of coordi- nating, streamlining and assuring public ac- cess to data collected under Federal environ- mental statutes; (5) facilitate the adoption of source reduc- tion techniques by businesses. This strategy shall include the use of the Source Reduction Clearinghouse and State matching grants pro- vided in this chapter to foster the exchange of information regarding source reduction tech- niques, the dissemination of such information to businesses, and the provision of technical assistance to businesses. The strategy shall also consider the capabilities of various busi- nesses to make use of source reduction tech- niques; (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 accom- plished, required resources, organizational re- sponsibilities, and the means by which progress in meeting the goals will be meas- ured; (8) 2 establish an advisory panel of technical experts comprised of representatives from in- dustry, the States, and public interest groups, to advise the Administrator on ways to im- prove collection and dissemination of data; (9) establish a training program on source reduction opportunities, including workshops and guidance documents, for State and Fed- eral permit issuance, enforcement, and inspec- tion officials working within all agency pro- gram offices.3 (10) identify and make recommendations to Congress to eliminate barriers to source re- duction 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 oper-