[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 980

         To reduce hazardous pollution, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 18 (legislative day, April 19), 1993

Mr. Lieberman (for himself, Mr. Moynihan, Mr. Jeffords, Mr. Lautenberg, 
    Mr. Feingold, Mr. Metzenbaum, and Mr. Wellstone) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
         To reduce hazardous pollution, 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.

    This Act may be cited as the ``Hazardous Pollution Prevention 
Planning Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds and declares that--
            (1) the Environmental Protection Agency estimates that 
        billions of pounds of toxic chemicals are released into the 
        environment each year;
            (2) the release of the toxic chemicals into the environment 
        can cause harm to public health, welfare, and the environment;
            (3) traditional approaches to environmental regulation that 
        have emphasized controlling pollution after the pollution has 
        been created are not sufficient to address all of the 
        environmental problems of the United States;
            (4) pollution prevention approaches are more effective than 
        traditional pollution control and provide far-reaching benefits 
        to human health and the environment;
            (5) pollution prevention often prevents the solution to one 
        environmental problem from reemerging as another type of 
        environmental problem;
            (6) pollution prevention must become the centerpiece of a 
        long-term strategy for the United States achieving 
        environmental protection;
            (7) proven and cost-effective technologies and management 
        practices in existence on the date of enactment of this Act can 
        achieve pollution prevention;
            (8) pollution prevention can result in tremendous cost 
        benefit for industries, and lead to greater international 
        competitiveness by--
                    (A) avoiding costs of control, cleanup, and 
                liability; and
                    (B) causing increases in industrial efficiency and 
                productivity through savings in purchases of chemicals, 
                energy, water, and other input materials;
            (9) one of the reasons many facilities are missing the 
        opportunities available for pollution prevention is that 
        operators of facilities are unaware of the sources of 
        pollution;
            (10) an important step in achieving pollution prevention is 
        the development of plans with numerical goals for pollution 
        prevention;
            (11) pollution prevention planning helps businesses to make 
        appropriate planning decisions and experience the benefits of 
        pollution prevention;
            (12) pollution prevention planning gives businesses the 
        flexibility to develop new, and environmentally sound 
        technologies that will enhance the competitiveness of the 
        businesses;
            (13) there is a need to provide technical assistance and 
        training related to pollution prevention to smaller- and 
        medium-sized businesses, including developing manuals and 
        checklists to be used in lieu of preparing plans; and
            (14) there is a need to conduct research to develop new 
        industrial technologies and practices that will reduce the 
        social, economic, and institutional barriers to preventing 
        hazardous pollution.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) By-product.--The term ``by-product'' means any toxic 
        chemical other than a product that results from manufacturing, 
        extraction, servicing, processing (including pollution 
        control), handling, or other activity, including any fugitive 
        emission, process residue, or other nonproduct outputs created 
        prior to recycling, treatment, disposal, or release.
            (4) Facility.--The term ``facility'' means all buildings, 
        equipment, structures, and other stationary items that are 
        located on a single site or contiguous or adjacent sites and 
        that are owned or operated by the same person (or by a person 
        that controls, is controlled by, or under common control with, 
        the owner or operator).
            (5) In-process recycling.--The term ``in-process 
        recycling'' means a process whereby materials are--
                    (A) returned to the original process or processes 
                from which they were generated; and
                    (B) reused in the production process and through 
                completion of reclamation, are enclosed by being 
                entirely connected with pipes or other comparable 
                enclosed means of conveyance.
            (6) Pollution prevention.--The term ``pollution 
        prevention'' means--
                    (A) toxic use reduction;
                    (B) source reduction; or
                    (C) in-process recycling.
            (7) Production process.--The term ``production process'' 
        means a production line, method, activity, or technique, or 
        combination or series thereof, that is integral to, and 
        necessary for, the production of a product or products, 
        including the storage of raw materials and maintenance and 
        handling of finished goods. The term shall not include waste 
        management activities or out-of-process recycling.
            (8) Source reduction.--The term ``source reduction'' shall 
        have the same meaning given the term in section 6603(5) of the 
        Pollution Prevention Act of 1990 (42 U.S.C. 13102(5)).
            (9) Targeted production process.--The term ``targeted 
        production process'' means any production process that 
        significantly contributes to the use, generation as a by-
        product, or release of toxic chemicals, as determined by the 
        owner or operator of a facility pursuant to criteria 
        established by the Administrator.
            (10) Toxic chemical.--The term ``toxic chemical'' means a 
        chemical described in section 313(c) of the Emergency Planning 
        and Community Right to Know Act of 1986 (42 U.S.C. 11023(c)).
            (11) Toxic use reduction.--The term ``toxic use reduction'' 
        means any source reduction method that reduces or eliminates 
        the use of any toxic chemical in processes or products so as to 
        reduce overall risks to the public, workers, consumers, and the 
        environment without shifting risks between workers, consumers, 
        or parts of the environment.

SEC. 4. POLLUTION PREVENTION PLANS.

    (a) In General.--The owner or operator of each facility for which a 
toxic chemical release form is required to be submitted pursuant to 
section 313 of the Emergency Planning and Community Right-To-Know Act 
of 1986 (42 U.S.C. 11023) as of the date of enactment of this Act, and 
each Federal facility, shall periodically prepare pollution prevention 
plans, pollution prevention plan summaries, and pollution prevention 
plan progress reports that meet the requirements of this section.
    (b) Schedule.--
            (1) Pollution prevention plan.--
                    (A) In general.--Subject to subparagraph (B), the 
                owner or operator of each facility described in 
                subsection (a) shall prepare a pollution prevention 
                plan as described in subsection (d) not later than the 
                end of the third full calendar year after the date of 
                enactment of this Act.
                    (B) Phase-in option.--The Administrator may 
                establish and publish a schedule for requiring the 
                preparation and submission of plans described in 
                subsection (d). The schedule shall phase in the date on 
                which the preparation and submission of the plans is 
                required, beginning not later than the end of the fifth 
                full calendar year after the date of enactment of this 
                Act.
            (2) Summary.--The owner or operator of each facility that 
        is subject to this section shall prepare a pollution prevention 
        plan summary, as described in subsection (e), in accordance 
        with the schedule for the preparation of a pollution prevention 
        plan, as described in paragraph (1).
            (3) Progress report.--
                    (A) In general.--The owner or operator of each 
                facility subject to this section shall, not later than 
                the date specified in subparagraph (B), and annually 
                thereafter, prepare a pollution prevention plan 
                progress report, as described in subsection (f), in 
                accordance with the schedule for the submission of 
                toxic release forms under section 313 of the Emergency 
                Planning and Community Right-To-Know Act of 1986 (42 
                U.S.C. 11023).
                    (B) Initial report.--An initial pollution 
                prevention plan progress report shall be prepared for 
                the first full calendar year beginning after a 
                pollution prevention plan has been prepared pursuant to 
                paragraph (1).
    (c) Additional Categories.--
            (1) Facilities.--The Administrator may require that the 
        owner or operator of a facility that is in a Standard 
        Industrial Classification code added by the Administrator after 
        the date of enactment of this Act pursuant to section 
        313(a)(1)(B) of the Emergency Planning and Community Right-To-
        Know Act of 1986 (42 U.S.C. 11023(a)(1)(B)) shall prepare a 
        pollution prevention plan, plan summary, and progress report, 
        according to a schedule established by the Administrator.
            (2) Chemicals.--
                    (A) In general.--The Administrator may require the 
                expansion of a pollution prevention plan to include 
                chemicals added to the list under section 313(d) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11023(d)) after the date of enactment 
                of this paragraph. The Administrator may only require 
                that the owner or operator expand a pollution 
                prevention plan pursuant to this paragraph if the 
                expansion is a revision of the pollution prevention 
                plan of the owner or operator for the purposes of 
                updating the plan.
                    (B) Basis for decision to add categories.--A 
                decision by the Administrator to add industrial 
                categories or subcategories to the list of categories 
                subject to the reporting requirements of this section 
                shall be based on--
                            (i) the extent to which the category 
                        contributes to the total amount of toxic 
                        chemicals used, generated, or released; and
                            (ii) the extent to which a pollution 
                        prevention plan could result in--
                                    (I) a reduction in the use, 
                                generation of by-product, or release of 
                                toxic chemicals; and
                                    (II) a reduction in any threat 
                                posed to the environment or public 
                                health.
    (d) Contents of Pollution Prevention Plan.--Each pollution 
prevention plan prepared under this section shall include--
            (1) a statement by the highest ranking official at the 
        facility supporting the pollution prevention plan;
            (2) pollution prevention goals for the 5-year period 
        beginning on the date of the preparation of the plan, 
        including, if appropriate--
                    (A) toxic use reduction goals;
                    (B) source reduction goals; and
                    (C) in-process recycling goals for the facility as 
                a whole and for each targeted production process;
            (3) an evaluation of options for achieving reductions in 
        the annual accumulation and output quantities of each toxic 
        chemical, including reductions in the use of toxic chemicals, 
        generation of by-products, release, or transfer as a product, 
        for the facility and for each targeted production process, 
        including--
                    (A) a search for pollution prevention options, 
                including the substitution of raw materials, the 
                reformulation or redesign of products, production unit 
                modifications, improvements in operation and 
                maintenance, and in-process recycling (except that the 
                options shall not include waste management activities);
                    (B) an economic analysis of selected technically 
                feasible options, including, with respect to each 
                option, a description of the cost of implementing the 
                option and anticipated savings from the option for the 
                purposes of comparison with refraining from carrying 
                out the option; and
                    (C) any technical assistance study required by the 
                Administrator pursuant to section 5;
            (4) a description and implementation schedule for the 
        pollution prevention measures and activities selected by the 
        owner or operator of the facility;
            (5) for each plan prepared after the preparation of an 
        initial plan under this section, a report concerning the 
        success in achieving past goals; and
            (6) if appropriate, a description of any pollution 
        prevention strategies implemented prior to 1987.
    (e) Contents of Plan Summary.--Each pollution prevention plan 
summary prepared pursuant to this section shall include, for the 
facility as a whole, and for each targeted production unit--
            (1) a description of the facility, and an identification of 
        each targeted production process;
            (2) the 5-year numeric goals for pollution prevention for 
        the facility and each targeted production process;
            (3) a description of the techniques and measures that will 
        be implemented to reach each goal referred to in paragraph (2); 
        and
            (4) a copy of the plan certification.
    (f) Contents of Progress Report.--Each pollution prevention 
progress report prepared pursuant to this section shall include--
            (1) a description of the facility and an identification of 
        each targeted production process;
            (2) a numerical statement demonstrating the progress of the 
        facility towards achieving each 5-year goal for pollution 
        prevention under the pollution prevention plan of the facility; 
        and
            (3) if, for the year of the report, the facility does not 
        achieve the level of progress anticipated in the schedule for 
        implementation of the applicable pollution prevention plan, an 
        explanation of the reasons that the level of progress was not 
        achieved.
    (g) Guidelines.--
            (1) Publication.--Not later than 18 months after the date 
        of enactment of this section, and after notice and opportunity 
        for public comment, the Administrator shall publish guidelines 
        for the preparation of pollution prevention plans, pollution 
        prevention plan summaries, and pollution prevention plan 
        progress reports prepared pursuant to this section.
            (2) Criteria for identification of targeted production 
        processes.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this section, the Administrator 
                shall establish, by regulation, criteria pursuant to 
                which an owner or operator of a facility shall identify 
                targeted production processes for the purpose of 
                focusing pollution prevention strategies on the 
                targeted production processes.
                    (B) Considerations.--The criteria for the 
                identification of targeted production processes shall--
                            (i) be based on a consideration of the 
                        toxicity of specific chemicals used, generated 
                        as a by-product, or released in the targeted 
                        production process; and
                            (ii) require that a targeted production 
                        process be a production process that makes a 
                        significant contribution to the use, 
                        generation, or release of chemicals.
    (h) Availability of Plans, Summaries, and Reports.--
            (1) In general.--Each pollution prevention plan prepared 
        for a facility pursuant to this section shall be retained at 
        the facility and shall be available to the Administrator, the 
        State in which the facility is located, and any department or 
        agency of a political subdivision of a State with respect to 
        which the State grants the authority to inspect the plans.
            (2) Not public records.--Any document and other record 
        obtained or reviewed pursuant to paragraph (1) shall not be 
        considered a public record or document.
            (3) Summaries.--Each pollution prevention plan prepared 
        pursuant to this section for a facility shall be--
                    (A) submitted to the Administrator and to the State 
                in which the facility is located at the same time as a 
                toxic release form required to be submitted under 
                section 313 of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11023) is 
                submitted for the year for which the summary is 
                required; and
                    (B) made available to the public at the facility 
                during normal business hours, except as provided in 
                section 8.
            (4) Progress reports.--Each pollution prevention plan 
        progress report prepared pursuant to this section for a 
        facility shall be--
                    (A) submitted to the Administrator and to the State 
                at the same time as a toxic release form required under 
                section 313 of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11023) is 
                submitted; and
                    (B) made available to the public at the facility 
                during normal business hours, except as provided in 
                section 8.
    (i) Completeness Review.--
            (1) In general.--The Administrator or a representative of a 
        State authorized by the Administrator may review a pollution 
        prevention plan or pollution prevention plan summary prepared 
        pursuant to this section and require a modification of the 
        pollution prevention plan or pollution prevention plan summary 
        if the Administrator or the appropriate official of the State 
        finds that the plan or summary does not address each of the 
        applicable requirements of subsection (d) or (e).
            (2) Modification.--A modification required under this 
        subsection shall be completed by the owner or operator of a 
        facility not later than 90 days after the Administrator or the 
        appropriate official of the State provides written notice that 
        the modification is necessary.
    (j) Product Formulas.--Nothing in this section shall be construed 
to authorize the Administrator or an official of a State to require 
that information concerning nontoxic chemicals, or product formulas for 
mixtures that include nontoxic chemicals, be included in a pollution 
prevention plan, summary, or progress report prepared pursuant to this 
section.
    (k) Grouping of Processes.--The Administrator may publish rules 
establishing criteria pursuant to which the Administrator may permit an 
owner or operator of a facility to consider, as a single production 
process, production processes that use similar ingredients to produce 1 
or more similar products.
    (l) Small Business Option.--
            (1) Small business defined.--As used in this subsection, 
        the term ``small business'' means a business that is a small 
        business concern, as defined in section 3(a) of the Small 
        Business Act (15 U.S.C. 632(a)).
            (2) Small business pollution prevention compliance and 
        technical assistance program.--
                    (A) Establishment.--The Administrator shall 
                establish a small business pollution prevention 
                compliance and technical assistance program to assist 
                facilities with identifying and applying methods of 
                pollution prevention.
                    (B) Emphasis of program.--The program referred to 
                in subparagraph (A) shall emphasize compliance 
                assistance, technical assistance, and other assistance 
                to small businesses that have inadequate technical and 
                financial resources for obtaining information and 
                assessing pollution prevention opportunities.
            (3) Program requirements.--The requirements described in 
        this paragraph include the following:
                    (A) Assessment manuals and checklists.--
                            (i) In general.--The program shall provide 
                        for establishment by regulation of pollution 
                        prevention opportunities assessment manuals and 
                        checklists for industrial categories for which 
                        waste audit studies have been prepared by the 
                        Department of Environmental Protection of the 
                        State of California. Each manual and checklist 
                        referred to in the preceding sentence shall 
                        require that the owner or operator--
                                    (I) evaluate production processes, 
                                material, storage, and treatment 
                                practices;
                                    (II) evaluate pollution prevention 
                                opportunities, including toxic use 
                                reduction, source reduction, and in-
                                process recycling; and
                                    (III) provide an economic impact 
                                analysis of options for achieving 
                                reductions.
                            (ii) Manual and checklist in lieu of plan 
                        and summary.--The Administrator may permit a 
                        small business subject to the requirements of 
                        section 4 within an industrial category for 
                        which a pollution prevention opportunity 
                        assessment manual and checklist has been 
                        promulgated to prepare and retain onsite a 
                        manual and checklist in lieu of preparing a 
                        pollution prevention plan and summary.
                    (B) Matching grants.--
                            (i) In general.--Subject to the 
                        availability of appropriations, the 
                        Administrator shall award grants from funds 
                        made available to the Administrator pursuant to 
                        section 6605 of the Pollution Prevention Act of 
                        1990 (42 U.S.C. 13104) to States to conduct 
                        programs to promote the use of pollution 
                        prevention techniques by small businesses.
                            (ii) Matching requirement.--The 
                        Administrator may not make a grant to a State 
                        under this subparagraph unless that State 
                        agrees that, with respect to the costs to be 
                        incurred by the State in carrying out the 
                        program for which the grant was awarded, the 
                        State will make available (directly or through 
                        donations from public or private entities) non-
                        Federal contributions in an amount equal to not 
                        less than $1 for every $1 of Federal funds 
                        provided under the grant.
                    (C) Small business pollution prevention panel.--The 
                Administrator shall establish a Small Business 
                Pollution Prevention Panel (referred to in this 
                subparagraph as a ``Panel'') within each Regional 
                Office of the Environmental Protection Agency. Each 
                Panel shall monitor the effectiveness of the small 
                business pollution prevention compliance and technical 
                assistance program.
    (m) Training.--The Administrator or a representative of an 
authorized State may require each person responsible for the 
preparation of a pollution prevention plan under this section to attend 
seminars and workshops concerning the proper preparation of toxic 
release inventories, pollution prevention plans, and available 
pollution prevention measures or to receive another form of training 
that includes the items listed in this sentence.
    (n) Research and Development Laboratories.--The owner or operator 
of a facility shall not be required to prepare a pollution prevention 
plan, pollution prevention plan summary, or pollution prevention 
progress report under this section, concerning a research and 
development laboratory located at the facility.
    (o) Pilot Facilities.--The owner or operator of a facility shall 
not be required to prepare a pollution prevention plan, pollution 
prevention plan summary, or pollution prevention plan progress report 
under this section, for a pilot facility.

SEC. 5. REPORTS AND IMPROVEMENT MEASURES.

    (a) Pollution Prevention Reports.--
            (1) In general.--The Administrator shall submit a report 
        that meets the requirements of this subsection to the President 
        and to Congress not later than the date specified in paragraph 
        (3), and not less frequently than every 3 years thereafter.
            (2)  Contents.--The report referred to in paragraph (1) 
        shall include--
                    (A) a description of the pollution prevention plans 
                that have been prepared pursuant to section 4;
                    (B) a detailed analysis that describes the progress 
                achieved toward any pollution prevention goals 
                established by the Administrator pursuant to section 
                6604(b)(6) of the Pollution Prevention Act of 1990 (42 
                U.S.C. 13103(b)(6)); and
                    (C) the steps that must be taken to ensure that the 
                goals referred to in subparagraph (B) are achieved, 
                including an identification of the industrial 
                categories or subcategories that--
                            (i) should be the highest priority for 
                        pollution prevention measures; and
                            (ii) need improvement with respect to 
                        pollution prevention.
            (3) Initial report.--The initial report submitted to 
        Congress pursuant to this subsection shall be submitted not 
        later than 4 years after the date of enactment of this Act.
    (b) Technical Assistance.--
            (1) In general.--The Administrator may, on request from a 
        facility, provide technical assistance with respect to 
        pollution prevention planning to any facility in an industrial 
        category or subcategory identified by the Administrator 
        pursuant to subsection (a)(2)(C)(i) as having the highest 
        priority for pollution prevention.
            (2) Evaluation.--In providing technical assistance pursuant 
        to this subsection, the Administrator may require an owner or 
        operator of a facility required to prepare a pollution 
        prevention plan pursuant to section 4 to evaluate alternatives 
        to a pollution prevention measure referred to in the plan, 
        including--
                    (A) the use of out-of-process recycling in any case 
                in which no pollution prevention measures are 
                available;
                    (B) the use of methods and techniques that may 
                achieve a greater degree of pollution prevention at the 
                facility; and
                    (C) the use of a particular pollution prevention 
                measure at the facility or targeted production process.
            (3) Schedule; publication.--An evaluation required by the 
        Administrator under this subsection shall be conducted 
        according to a schedule established by the Administrator. The 
        results of the evaluation shall be included in the next 
        pollution prevention plan prepared for the facility after the 
        date of the evaluation.
            (4) Reimbursement.--The Administrator may seek full, or in 
        the case of a small business, partial, reimbursement from an 
        owner or operator for any technical assistance provided to a 
        facility. The reimbursement shall be in an amount determined by 
        the Administrator and shall be made to the Administrator for 
        deposit in the Treasury of the United States.
    (c) Congressional Intent.--Nothing in this section is intended to 
be interpreted, construed, or applied to authorize the Administrator to 
require a particular pollution prevention measure to be implemented, or 
any pollution prevention performance standard to be achieved, at a 
facility or unit.

SEC. 6. STATE DELEGATION.

    (a) State Program.--A State may submit to the Administrator for 
review and approval a program to exercise the authorities under 
sections 4 and 5. A State program under this section shall be approved 
by the Administrator if the State demonstrates that the program--
            (1) requires plan summaries and progress reports addressing 
        each element referred to in subsections (d) through (f) of 
        section 4 to be submitted according to the schedule established 
        under section 4(b); and
            (2) includes authority for--
                    (A) conducting completeness reviews; and
                    (B) taking enforcement actions.
    (b) Effect of Approval.--On approval of a State program by the 
Administrator, each owner or operator of a facility in the State shall 
be exempt from the requirements of section 4 relating to the submittal 
to the Administrator of plans and plan summaries during the period that 
the State program is in effect and the State enforces the program in a 
manner satisfactory to the Administrator.

SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    (a) In General.--The Administrator shall carry out a comprehensive 
program of research, development, and demonstration concerning 
pollution prevention in coordination and consultation with other 
Federal agencies involved in pollution prevention.
    (b) Elements of Program.--The comprehensive program referred to in 
subsection (a) may include--
            (1) a product research program designed to--
                    (A) develop, evaluate, and demonstrate methods for 
                measuring the pollution burden attributable to the use 
                and disposal of a product;
                    (B) identify and evaluate environmentally safe 
                substitutes for products and the harmful components of 
                products;
                    (C) promote and facilitate the design, development, 
                production, and use of environmentally preferable 
                product alternatives by members of the private sector; 
                and
                    (D) evaluate, develop, and demonstrate methods for 
                assessing the effectiveness of pollution prevention 
                efforts related to product use and disposal;
            (2) a process research program designed to--
                    (A) evaluate, develop, and demonstrate methods to 
                assess the pollution burden attributable to production, 
                use, maintenance and repair, and disposal processes;
                    (B) evaluate and demonstrate alternative, 
                environmentally preferable processes;
                    (C) promote and facilitate the use and development 
                of pollution prevention and waste minimization process 
                technology by members of the private sector; and
                    (D) evaluate, develop, and demonstrate methods to 
                assess pollution reduction resulting from process 
                changes;
            (3) a recycling and reuse research program designed to--
                    (A) identify, evaluate, and demonstrate 
                environmentally safe product and pollutant recovery, 
                reuse, and recycling methods;
                    (B) promote and facilitate the development and 
                implementation of more effective reuse and recycling 
                technologies; and
                    (C) identify innovative uses of and markets for 
                recycled products and pollutants;
            (4) a socioeconomic and institutional research program 
        designed to--
                    (A) identify barriers in existence at the time of 
                the program and potential barriers to and incentives 
                for the development and implementation of pollution 
                prevention, reuse, and recycling activities; and
                    (B) develop viable means to reduce barriers and 
                increase incentives in order to stimulate the 
                development and implementation of waste minimization 
                and pollution prevention technology; and
            (5) an anticipatory research program designed to--
                    (A) identify emerging environmental problems;
                    (B) evaluate, develop, and demonstrate methods to 
                prevent or minimize waste from nascent pollution 
                sources;
                    (C) facilitate the development of improved 
                pollution prevention technologies designed to avoid 
                anticipated pollution problems; and
                    (D) develop and implement methods to assess the 
                effectiveness of pollution prevention research in 
                meeting changing environmental needs.
    (c) State Cooperation.--The research program established under this 
section shall be conducted by the Administrator in close cooperation 
with the States. In carrying out the program, the Administrator shall 
award such grants and make such contracts with institutions of higher 
education (as defined in section 1201(a) of the Higher Education Act of 
1965 (20 U.S.C. 1141(a)) as are necessary to ensure that the 
institutions of higher education play a principal role in carrying out 
the program.

SEC. 8. CONFIDENTIALITY.

    (a) Trade Secrets; Enforcement.--The requirements of sections 322 
and 325(d) of the Emergency Planning and Community Right-To-Know Act of 
1986 (42 U.S.C. 11042 and 11045(d), respectively) shall apply to the 
plan summaries and progress reports required under this Act in the same 
manner as the requirements apply to the reports under section 313 of 
such Act (42 U.S.C. 11023).
    (b) Availability of Summary Form of Disclosure.-- If the public 
disclosure of any numeric goals for pollution prevention or measures or 
techniques for implementing the goals would divulge information 
qualifying as a trade secret, the Administrator shall make available 
the information in summary form.

SEC. 9. ENFORCEMENT.

    (a) Civil Penalties.--
            (1) Failure to submit progress report.--Any person who 
        fails to prepare and submit a pollution prevention plan 
        progress report or pollution prevention plan summary, as 
        required under section 4, shall be subject to a civil penalty 
        in an amount not to exceed $10,000. Each day of violation shall 
        constitute a separate offense.
            (2) Failure to submit a pollution prevention plan or 
        opportunities checklist.--Any person who fails to prepare a 
        pollution prevention plan or a pollution prevention 
        opportunities checklist as required under section 4 shall be 
        subject to a civil penalty in an amount not to exceed $10,000. 
        Each day of violation shall constitute a separate offense.
    (b) Jurisdiction.--
            (1) Administrative orders.--The Administrator may issue an 
        administrative order assessing a penalty or requiring 
        compliance with the terms of this Act.
            (2) Civil actions.--The Administrator may bring an action 
        in the United States district court of the district in which 
        the person against whom the penalty is sought resides, or in 
        which the principal place of business of the person is located, 
        to--
                    (A) assess and collect a penalty; and
                    (B) secure a permanent or temporary injunction to 
                require compliance with this Act or of an 
                administrative order issued pursuant to this Act.
    (c) Procedures for Administrative Penalties.--
            (1) Review.--
                    (A) In general.--A person against whom a civil 
                penalty is assessed by administrative order under this 
                section may obtain review in the appropriate United 
                States district court by--
                            (i) filing a notice of appeal in the court 
                        not later than 30 days after the date of the 
                        order; and
                            (ii) simultaneously sending a copy of the 
                        notice of appeal by certified mail to the 
                        Administrator.
                    (B) Record.--The Administrator shall promptly file 
                in the court a certified copy of the record upon which 
                the violation was found or the penalty was imposed.
            (2) Collection of penalty; scope of review.--
                    (A) Collection of penalty.--If a person fails to 
                pay an assessment of a civil penalty after the 
                assessment has become a final and unappealable order, 
                or after the appropriate court has entered final 
                judgment in favor of the United States, the 
                Administrator may request the Attorney General to 
                institute a civil action in an appropriate United 
                States district court to collect the penalty.
                    (B) Scope of review.--The court shall have 
                jurisdiction to review the violation and the assessment 
                of the civil penalty on the record.
            (3) Subpoenas.--The Administrator may issue subpoenas for 
        the attendance and testimony of witnesses and the production of 
        relevant papers, books, or documents in connection with a 
        hearing under this section. In case of contumacy or refusal to 
        obey a subpoena issued pursuant to this paragraph and served 
        upon any person, the district court of the United States for 
        any district in which the person is found, resides, or 
        transacts business, on application by the United States and 
        after notice to the person, shall have jurisdiction to issue an 
        order requiring such person to appear and give testimony before 
        the district court, and any failure to obey the order of the 
        court shall be held in contempt of court.

SEC. 10. RELATION TO OTHER LAWS.

    (a) State Authority.--Nothing in this Act is intended to preclude 
or deny the right of any State or political subdivision of a State to 
adopt or enforce any law (including a regulation, requirement, or 
standard) that is more stringent than a provision under this subtitle 
or a regulation, requirement, or standard of performance promulgated 
pursuant to this subtitle, or to impose any additional liability.
    (b) Denial of Permits.--The Administrator or an authorized State 
may deny a permit under any environmental law to the owner or operator 
of any facility who is required to prepare a pollution prevention plan 
or pollution prevention opportunities checklist pursuant to section 4, 
if the owner or operator fails to prepare, pursuant to an applicable 
requirement under section 4--
            (1) a pollution prevention plan or opportunities checklist; 
        or
            (2) a pollution prevention plan summary or progress report.

SEC. 11. REGULATORY INCENTIVES.

    (a) Demonstration Programs.--Not later than 12 months after the 
date of enactment of this Act, the Administrator shall establish a 
demonstration program to provide regulatory incentives for achieving 
pollution prevention. The Administrator may designate up to 50 
facilities for inclusion in the demonstration program.
    (b) Authority to Modify Terms of Permits or Agreements.--
            (1) In general.--The Administrator, as part of the 
        demonstration program, is authorized to modify the requirements 
        imposed by the terms of all or part of any permit or agreement. 
        Any modification granted under this subsection shall specify 
        the requirements being modified and the length of time the 
        modification is to be in effect.
            (2) Notice; opportunity for public comment.--Not later than 
        60 days before the approval of any modification under this 
        subsection, the Administrator shall--
                    (A) publish a notice of the proposed modification 
                including an explanation and appropriate documentation 
                supporting the modification; and
                    (B) provide a reasonable opportunity for submission 
                of written and oral comments and an opportunity for a 
                public meeting at or near the facility regarding the 
                proposed modification.
            (3) Criteria for approval.--The Administrator may approve a 
        modification if the Administrator determines that--
                    (A) the facility applying for the modification is 
                in compliance with the terms of existing environmental 
                laws, regulations, permits, orders, or other 
                requirements applicable to the facility and has a 
                history of compliance that the Administrator and the 
                State determine is satisfactory;
                    (B) greater net protection of human health and the 
                environment than that required under environmental laws 
                existing on the date of approval of the modification 
                will result, with a special consideration to ensuring 
                that the risks are not shifted from one environmental 
                medium to another;
                    (C) a significant increase in pollution prevention 
                will result, as compared to the reductions that would 
                have resulted, under environmental laws existing on the 
                date of approval of the modification; and
                    (D) the modification provided for in this section 
                will contribute to achieving greater pollution 
                prevention.
            (4) Contents of approval.--An approval by the Administrator 
        shall be accompanied by a response to each of the significant 
        oral and written comments submitted in response to the notice 
        provided under paragraph (2).
            (5) Monitoring.--As part of any modification granted under 
        this section, the Administrator shall require that the owner or 
        operator of the facility granted the modification shall 
        undertake monitoring operations adequate to determine 
        compliance with the modified terms of any permit or agreement. 
        The monitoring shall be carried out at such time as the 
        Administrator shall provide. The owner or operator shall report 
        the results of the monitoring operations in such form and at 
        such times as the Administrator shall require.
            (6) Duration; renewal.--The duration of any modification 
        shall not exceed 1 year. Upon expiration of any modification 
        granted pursuant to this section, the Administrator may renew 
        the modified permit or agreement for a period not to exceed the 
        original modification, if the Administrator determines that the 
        requirements of paragraph (3) continue to be met.
            (7) Report.--Not later than 24 months after the date of 
        enactment of this Act, the Administrator shall submit a report 
        to the Committee on Environment and Public Works of the Senate 
        and the Committee on Energy and Commerce of the House of 
        Representatives concerning the implementation of this section. 
        The Administrator shall include recommendations on whether or 
        not the scope of the regulatory incentives program should be 
        expanded.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 
and 11, there are authorized to be appropriated to the Environmental 
Protection Agency such sums as are necessary.
    (b) Research and Development.--To carry out section 7, there is 
authorized to be appropriated $5,000,000 per year for each of fiscal 
years 1994 through 1998.

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