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 information generated under the grants available to the Administrator. (Pub. L. 101–508, title VI, § 6605, Nov. 5, 1990, 104 Stat. 1388–323.) § 13105. Source Reduction Clearinghouse (a) Authority The Administrator shall establish a Source Reduction Clearinghouse to compile informa- tion including a computer data base which con- tains 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 adop- tion of source reduction technologies; and (3) collect and compile information reported by States receiving grants under section 13104 of this title 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 chapter and such other pertinent information and analysis re- garding source reduction as may be available to the Administrator. The data base shall permit entry and retrieval of information to any per- son. (Pub. L. 101–508, title VI, § 6606, Nov. 5, 1990, 104 Stat. 1388–324.) § 13106. Source reduction and recycling data col- lection (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 for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and re- cycling report for the preceeding 1 calendar year. The toxic chemical source reduction and recy- cling report shall cover each toxic chemical re- quired to be reported in the annual toxic chem- ical release form filed by the owner or operator under section 11023(c) of this title. This section shall take effect with the annual report filed under section 11023 of this title for the first full calendar year beginning after November 5, 1990. (b) Items included in report The toxic chemical source reduction and recy- cling 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, treat- ment, 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 re- ported under paragraph (7). When actual meas- urements 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 fa- cility which is recycled (at the facility or else- where) during such calendar year, the percent- age 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 cat- egories 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, train- ing, inventory control, materials handling, 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-