[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 769 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 769

 To amend the provisions of the Emergency Planning and Community Right-
 To-Know Act of 1986 to expand the public's right to know about toxic 
  chemical use and release, to promote pollution prevention, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1997

Mr. Lautenberg (for himself, Mr. Torricelli, Mr. Kerry, Mrs. Boxer, Mr. 
Graham, Mr. Wellstone, and Mr. Kennedy) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the provisions of the Emergency Planning and Community Right-
 To-Know Act of 1986 to expand the public's right to know about toxic 
  chemical use and release, to promote pollution prevention, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Right-To-Know-More 
and Pollution Prevention Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--PUBLIC RIGHT TO KNOW ABOUT TOXIC CHEMICAL USE

Sec. 101. Reporting requirements.
Sec. 102. Disclosure of toxic chemical use.
Sec. 103. Environmental reporting and public access to information.
Sec. 104. Trade secret protection.
Sec. 105. Civil actions.
  TITLE II--COMMUNITY RIGHT TO KNOW AND POLLUTION PREVENTION PLANNING

Sec. 201. Toxic chemical release forms.
Sec. 202. Pollution prevention planning.
Sec. 203. Information gathering and access.
Sec. 204. Public availability.
Sec. 205. Federal facilities.
Sec. 206. Enforcement.

         TITLE I--PUBLIC RIGHT TO KNOW ABOUT TOXIC CHEMICAL USE

SEC. 101. REPORTING REQUIREMENTS.

    (a) Thresholds for Toxic Chemicals with Certain Significant 
Risks.--Section 313(f) of the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11023(f)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(C) With respect to each of the toxic chemicals 
                described in paragraph (3) that are released from a 
                facility, the amount of the threshold for the toxic 
                chemical under that paragraph.''; and
            (2) by adding at the end the following:
            ``(3) Thresholds for toxic chemicals with certain 
        significant risks.--
                    ``(A) Establishment of thresholds.--Not later than 
                2 years after the date of enactment of this paragraph, 
                the Administrator shall establish a threshold for each 
                toxic chemical that the Administrator determines may 
                present a significant risk to children's health or the 
                environment because of--
                            ``(i) the tendency of the toxic chemical to 
                        persist or to bioaccumulate or disrupt 
                        endocrine systems; or
                            ``(ii) other characteristics of the toxic 
                        chemical.
                    ``(B) Chemicals to be included.--Among the toxic 
                chemicals for which the Administrator shall establish 
                thresholds under subparagraph (A) shall be lead, 
                mercury, dioxin, cadmium, chromium, and the substances 
                listed as bioaccumulative chemicals of concern in the 
                notice published by the Administrator at 60 Fed. Reg. 
                15393.''.
    (b) Additional Chemicals.--Section 313(c) of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is 
amended--
            (1) by striking ``are those'' and inserting the following: 
        ``are--
            ``(1) the'';
            (2) by striking the period at the end and inserting ``; 
        or''; and
            (3) by adding at the end the following:
            ``(2) dioxin and substances listed as bioaccumulative 
        chemicals of concern in the notice published by the 
        Administrator at 60 Federal Register 15393.''.
    (c) Releases.--Subsections (a) and (b)(1) of section 313 of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11023) are amended by striking ``or otherwise used'' and inserting 
``otherwise used, or released''.
    (d) Civil Actions.--Section 326(a)(1)(B) of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11046(a)(1)(B)) is 
amended--
            (1) by redesignating clauses (iii) through (vi) as clauses 
        (iv) through (vii), respectively, and
            (2) by inserting after clause (ii) the following:
                            ``(iii) Establish a reporting threshold for 
                        a toxic chemical described in section 
                        313(f)(3).''.
    (e) Revised Thresholds.--Section 313(f)(2) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11023(f)(2)) is amended in the first sentence by striking ``paragraph 
(1)'' and inserting ``subparagraph (A) or (B) of paragraph (1)''.

SEC. 102. DISCLOSURE OF TOXIC CHEMICAL USE.

    (a) Toxic Chemical Release Form.--
            (1) In general.--Section 313(g) of the Emergency Planning 
        and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(g)) is 
        amended--
                    (A) in paragraph (1)(C)--
                            (i) by inserting ``for the preceding 
                        calendar year'' after ``items of information'';
                            (ii) in clause (i) by striking ``is'' and 
                        inserting ``was'';
                            (iii) in clause (ii) by striking 
                        ``preceding'';
                            (iv) in clause (iv) by striking ``annual 
                        quantity of the toxic chemical entering'' and 
                        inserting ``quantity of the toxic chemical that 
                        entered''; and
                            (v) by adding at the end the following:
                            ``(v) The number of employees (including 
                        contractors) at the reporting facility, the 
                        number of employees (including contractors) at 
                        the reporting facility who were potentially 
                        exposed to the toxic chemical;
                            ``(vi) The following materials accounting 
                        information:
                                    ``(I) A description of the uses of 
                                the toxic chemical at the facility.
                                    ``(II) The starting (as of January 
                                1) inventory of the toxic chemical at 
                                the facility.
                                    ``(III) The quantity of the toxic 
                                chemical produced at the facility.
                                    ``(IV) The quantity of the toxic 
                                chemical that was transported to the 
                                facility and the mode of transportation 
                                used.
                                    ``(V) The quantity of the toxic 
                                chemical consumed at the facility.
                                    ``(VI) The quantity of the toxic 
                                chemical that was shipped out of the 
                                facility as a product or in a product 
                                and the quantities intended for 
                                industrial use, commercial use, 
                                consumer use, and any additional 
                                categories of use that the 
                                Administrator may designate by 
                                regulation.
                                    ``(VII) The quantity of the toxic 
                                chemical that entered any waste stream 
                                (or that was otherwise released into 
                                the environment) prior to recycling, 
                                treatment, or disposal (as required to 
                                be reported under section 6607(b)(1) of 
                                the Pollution Prevention Act of 1990 
                                (42 U.S.C. 13107(b)(1))).
                                    ``(VIII) The amount of toxic 
                                chemical at the facility as of December 
                                31.
                                    ``(IX) The amount of the toxic 
                                chemical recycled at the facility that 
                                was used during the calendar year at 
                                the facility.
                                    ``(X) The toxic chemical use of the 
                                chemical that is calculated by adding 
                                the quantities reported under 
                                subclauses (II), (III), (IV), and (IX) 
                                and subtracting the quantity reported 
                                under subclause (VIII).
                                    ``(XI) If the sum of the quantities 
                                reported under subclauses (II), (III), 
                                (IV), and (IX) does not equal the sum 
                                of the quantities reported under 
                                subclauses (V), (VI), (VII), and 
                                (VIII), a statement of the cause of the 
                                discrepancy.
                            ``(vii) The reduction (from the calendar 
                        year preceding the calendar year for which the 
                        form is submitted) in the quantity of the toxic 
                        chemical that is reported under clause 
                        (vi)(VII), as a result of the following: 
                        equipment or technology modifications; process 
                        or procedure modifications; reformulation or 
                        redesign of products; substitution of raw 
                        materials; and improvements in housekeeping, 
                        maintenance, training, or inventory control.
                            ``(viii) The reduction (from the calendar 
                        year preceding the calendar year for which the 
                        form is submitted) in the quantity of toxic 
                        chemical use as defined in subclause (X) as a 
                        result of the following: equipment or 
                        technology modifications; process or procedure 
                        modifications; reformulation or redesign of 
                        products; substitution of raw materials; and 
                        improvements in housekeeping, maintenance, 
                        training, or inventory control.''; and
                    (B) by adding at the end the following:
            ``(3) Computations.--Quantities reported under this 
        subsection shall be complete and verifiable by computations 
        under generally accepted principles of materials accounting.''.
            (2) Definition of materials accounting information.--
                    (A) In general.--Section 329 of the Emergency 
                Planning and Community Right-To-Know Act of 1986 (42 
                U.S.C. 11049) is amended--
                            (i) by redesignating paragraphs (7), (8), 
                        (9), and (10) as paragraphs (8), (9), (10), and 
                        (11), respectively; and
                            (ii) by inserting after paragraph (6) the 
                        following:
            ``(7) Materials accounting information.--The term 
        `materials accounting information' means the information 
        described in section 313(g)(1)(vi).''.
                    (B) Conforming amendment.--Section 6603(4) of the 
                Pollution Prevention Act of 1990 (42 U.S.C. 13102(4)) 
                is amended by striking ``329(8)'' and inserting 
                ``329''.
            (3) Regulation.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall promulgate a regulation regarding the 
        information to be provided under clauses (v), (vi), (vii), and 
        (viii) of section 313(g)(1)(C) of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11023(g)(1)(C)), 
        as added by paragraph (1).
    (b) Other Requirements.--The Administrator of the Environmental 
Protection Agency shall by regulation integrate the reporting 
requirements under the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11001 et seq.) and the Pollution Prevention Act 
of 1990 (42 U.S.C. 12101 et seq.).

SEC. 103. ENVIRONMENTAL REPORTING AND PUBLIC ACCESS TO INFORMATION.

    (a) Streamlined Data Collection and Dissemination.--Section 313 of 
the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. 11023) is amended by adding at the end the following:
    ``(m) Streamlined Data Collection and Dissemination.--
            ``(1) In general.--To enhance public access and use of 
        information resources, to facilitate compliance with reporting 
        requirements, and to promote multimedia permitting, reporting, 
        and pollution prevention, not later than 3 years after the date 
        of enactment of this subsection, the Administrator shall--
                    ``(A) create standard data formats for information 
                management;
                    ``(B) integrate information resources, using common 
                company, facility, industry, geographic, and chemical 
                identifiers and any other identifiers that the 
                Administrator considers appropriate;
                    ``(C) establish a system for indexing, locating, 
                and obtaining agency-held information about parent 
                companies, facilities, industries, chemicals, 
                geographic locations, ecological indicators, and the 
                regulatory status of toxic chemicals and entities 
                subject to agency regulation;
                    ``(D) consolidate all annual reporting requirements 
                under this title and other Federal environmental laws 
                for small businesses, including by permitting reporting 
                to a single point of contact using a single form or 
                electronic reporting system; and
                    ``(E) provide the public a single point of contact 
                for access to all the publicly available information 
                gathered by the Administrator for any regulated entity.
            ``(2) Consolidation.--Not later than 5 years after the date 
        of enactment of this subsection, the Administrator shall 
        consolidate all annual reporting under this title and other 
        Federal environmental laws administered by the Administrator 
        for each entity required to report, including by permitting 
        reporting to a single point of contact using a single form or 
        electronic reporting system.
            ``(3) Ease of compliance.--In improving the means by which 
        the Administrator provides information to the public and 
        requires information be reported by regulated entities, as 
        required by paragraphs (1) and (2), the Administrator, building 
        on the experiences of the States, shall use technology to 
        facilitate reporting by regulated entities and improve access 
        to the data by the public.''.
    (b) Disclosure of Uses of Toxic Chemicals.--
            (1) Basic requirement.--Section 313(a) of the Emergency 
        Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
        11023(a)) is amended in the second sentence by inserting 
        ``toxic chemical uses and'' before ``releases''.
            (2) Use of release form.--Section 313(h) of the Emergency 
        Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
        11023(h)) is amended in the second sentence by inserting ``the 
        uses of toxic chemicals at covered facilities and'' before 
        ``releases of toxic chemicals to the environment''.

SEC. 104. TRADE SECRET PROTECTION.

    Section 322 of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11042) is amended--
            (1) in subsection (a)(1) by adding the following at the 
        end:
                    ``(C) Withholding of materials accounting 
                information.--A person that is required to submit 
                materials accounting information under section 
                313(g)(1)(C)(vi) may withhold an element or portion (as 
                defined by a regulation promulgated by the 
                Administrator under subsection (c)) of the information 
                if the person complies with paragraph (2) with respect 
                to the information to be withheld.'';
            (2) in subsection (b)(4) by inserting ``or other 
        information withheld'' after ``The chemical identity'';
            (3) in subsection (d)--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``toxic chemical which'' and inserting ``toxic 
                chemical or other information that'';
                    (B) in paragraph (2), by inserting ``or other 
                information withheld'' after ``specific chemical 
                identity'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by inserting ``or 
                        other information withheld'' after ``specific 
                        chemical identity'';
                            (ii) in subparagraph (B), by inserting ``or 
                        other information withheld'' after ``chemical 
                        identity''; and
                            (iii) in subparagraph (C), in the first 
                        sentence, by inserting ``or other information 
                        withheld'' after ``chemical identity'' each 
                        place it appears; and
                    (D) in paragraph (4)(A), by inserting ``or other 
                information withheld'' after ``chemical identity'';
            (4) in subsection (f), by inserting ``or other information 
        withheld under subsection (a)(1)'' after ``specific chemical 
        identity''; and
            (5) in subsection (h)--
                    (A) in paragraph (1), by inserting ``or other 
                information withheld'' before ``is claimed as a''; and
                    (B) in paragraph (2), by inserting ``or other 
                information withheld'' after ``identity of a toxic 
                chemical''.

SEC. 105. CIVIL ACTIONS.

    (a) Past and Ongoing Violations.--Section 326(a)(1)(A) of the 
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11046(a)(1)(A)) is amended by inserting ``any past or ongoing'' after 
``An owner or operator of a facility for''.
    (b) Venue.--Section 326 of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11046(b)) is amended--
            (1) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) Actions against the administrator.--
                    ``(A) Petitions in the united states court of 
                appeals for the district of columbia circuit.--
                            ``(i) In general.--Review of an action of 
                        the Administrator described in clause (ii) 
                        shall be sought by filing a petition for review 
                        in the United States Court of Appeals for the 
                        District of Columbia.
                            ``(ii) Actions of the administrator.--The 
                        actions of the Administrator described in this 
                        clause are--
                                    ``(I) a final agency action in 
                                response to a petition filed under 
                                section 313(e);
                                    ``(II) a final agency action to 
                                revise a threshold under section 
                                313(f)(2);
                                    ``(III) a final rule to modify 
                                nationally the reporting frequency 
                                under section 313(i);
                                    ``(IV) any other rulemaking of 
                                general applicability under this title; 
                                and
                                    ``(V) any other action that is 
                                based on a determination of nationwide 
                                scope or effect if, in taking the 
                                action, the Administrator publishes a 
                                finding that the action is based on 
                                such a determination.
                    ``(B) Petitions for review in other circuits.--
                            ``(i) In general.--Review of an action of 
                        the Administrator described in clause (ii) 
                        shall be sought by filing a petition for review 
                        in the United States Court of Appeals for the 
                        circuit in which the geographic region to which 
                        the action relates is situated.
                            ``(ii) Actions of the administrator.--The 
                        actions of the Administrator described in this 
                        clause are--
                                    ``(I) a final rule to modify the 
                                reporting frequency under section 
                                313(i) for a particular geographic 
                                region; and
                                    ``(II) any other rulemaking 
                                specific to a particular geographic 
                                region.
                    ``(C) Civil actions in united states district 
                court.--An action of the Administrator under subsection 
                (a) other than an action described in subparagraph (A) 
                or (B) shall be brought in the United States District 
                Court for the District of Columbia.''; and
            (2) by adding at the end the following:
    ``(i) Time for Filing Petition for Review of Action by the 
Administrator; Exclusive Means of Review.--
            ``(1) Time for filing petition.--A petition for review of 
        an action of the Administrator under subparagraph (A) or (B) of 
        subsection (b)(2) shall be filed not later than 60 days after 
        the date on which notice of the action is published in the 
        Federal Register.
            ``(2) Exclusive means of review.--An action of the 
        Administrator with respect to which review can be or could have 
        been obtained under subparagraph (A) or (B) of subsection 
        (b)(2) shall not be subject to judicial review in a civil or 
        criminal enforcement proceeding.''.

  TITLE II--COMMUNITY RIGHT TO KNOW AND POLLUTION PREVENTION PLANNING

SEC. 201. TOXIC CHEMICAL RELEASE FORMS.

    Section 313(b) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(b)) is amended--
            (1) by striking paragraph (2); and
            (2) in paragraph (1)--
                    (A) by striking ``(A) The requirements'' and 
                inserting ``The requirements'';
                    (B) by striking ``and that are in Standard 
                Industrial Classification Codes 20 through 39 (as in 
                effect on July 1, 1985)'';
                    (C) by striking subparagraph (B) and inserting the 
                following:
            ``(2) Deletion of Facilities.--
                    ``(A) In general.--The Administrator, at the 
                instance of the Administrator or in response to a 
                petition, may delete by rule a particular facility or 
                category of facilities from the requirements of this 
                section based on a determination that reporting by the 
                owner or operator of the facility or category of 
                facilities is inconsistent with the efficient operation 
                of this title.
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Administrator may consider 
                the toxicity of the toxic chemical, proximity to other 
                facilities that release the toxic chemical or to 
                population centers, the history of releases of toxic 
                chemicals at the facility or category of facilities, 
                and such other factors as the Administrator considers 
                appropriate.'';
                    (D) in subparagraph (C) --
                            (i) by striking ``(C) For purposes'' and 
                        inserting ``(3) Definitions.--For purposes'';
                            (ii) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B); and
                            (iii) in subparagraph (B) (as redesignated 
                        by clause (ii)), by redesignating subclauses 
                        (I) and (II) as clauses (i) and (ii).

SEC. 202. POLLUTION PREVENTION PLANNING.

    (a) In General.--Title III of the Emergency Planning and Community 
Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.) is amended--
            (1) by redesignating subtitle C as subtitle D; and
            (2) by inserting after subtitle B the following:

              ``Subtitle C--Pollution Prevention Planning

``SEC. 316. POLLUTION PREVENTION PLANS.

    ``(a) Definitions.--In this section:
            ``(1) Authorized state.--The term `authorized State' means 
        a State authorized under subsection (m) to carry out the 
        Administrator's authorities and responsibilities under this 
        section.
            ``(2) Byproduct.--The term `byproduct' means a toxic 
        chemical that--
                    ``(A) is generated prior to storage, recycling 
                (except in-process recycling), treatment, control, 
                disposal, or release;
                    ``(B) is not intended for use as a product; and
                    ``(C) is required to be reported under section 6607 
                of the Pollution Prevention Act of 1990 (42 U.S.C. 
                13107).
            ``(3) Facility.--The term `facility' means a facility for 
        which a toxic chemical release form is required to be submitted 
        under section 313.
            ``(4) In-process recycling.--The term `in-process 
        recycling' means the practice of returning a recycled toxic 
        chemical to a production process using dedicated equipment that 
        is directly connected to and physically integrated with a 
        production process.
            ``(5) Pilot facility.--The term `pilot facility' means a 
        facility, or designated area of a facility, used for pilot-
        scale development of a product or process not primarily 
        involved in the production of a good for commercial sale.
            ``(6) Pollution prevention.--The term `pollution 
        prevention' means--
                    ``(A) toxic use reduction; or
                    ``(B) source reduction.
            ``(7) Production process.--The term `production process' 
        means a process, line, method, activity, or technique used to 
        produce a product or to reach a planned result.
            ``(8) Recovery.--
                    ``(A) In general.--The term `recovery' means the 
                act of extracting or removing the toxic chemical from a 
                waste stream that includes--
                            ``(i) the reclamation of the toxic chemical 
                        from a stream that entered a waste treatment or 
                        pollution control device or process (including 
                        an air pollution control device or process, 
                        wastewater treatment or control device or 
                        process, Federal or State permitted treatment 
                        or control device or process, and any other 
                        type of treatment or control device or process) 
                        where destruction of the stream or destruction 
                        or removal of certain constituents of the steam 
                        occurs; and
                            ``(ii) the reclamation for reuse of an 
                        otherwise used toxic chemical that is spent or 
                        contaminated and that must be recovered for 
                        further use in the original operation or any 
                        other operation.
            ``(9) Recycling.--The term `recycling' means--
                    ``(A) the recovery for reuse of a toxic chemical 
                from a gaseous, aerosol, aqueous, liquid, or solid 
                stream; or
                    ``(B) the reuse or the recovery for reuse of a 
                toxic chemical that is a hazardous waste or is a 
                constituent of a hazardous waste under the Solid Waste 
                Disposal Act (42 U.S.C. 6901 et seq.), as determined by 
                the Administrator.
            ``(10) Research and development laboratory.--The term 
        `research and development laboratory' means a facility or a 
        designated area of a facility used for research, development, 
        and testing activity, and not primarily involved in the 
        production of a good for commercial sale, in which a toxic 
        chemical is used by or under the direct supervision of a 
        technically qualified person.
            ``(11) Source reduction.--The term `source reduction' has 
        the meaning given the term in section 6603 of the Pollution 
        Prevention Act of 1990 (42 U.S.C. 13103).
            ``(12) Targeted production process.--The term `targeted 
        production process' means a production process or a group of 
        production processes (identified by the owner or operator of a 
        facility) that accounts for 90 percent or more of--
                    ``(A) the total toxic chemical use calculated in 
                accordance with section 313(g)(1)(C)(vi)(X); or
                    ``(B) the total quantity of byproducts generated at 
                the facility.
            ``(13) Toxic use reduction.--The term `toxic use reduction' 
        means the reduction in the quantity of toxic chemical use 
        reported under section 313(g)(1)(C)(viii) that is reduced so as 
        to reduce potential exposure to the public, workers, consumers, 
        and the environment.
    ``(b) Pollution Prevention Planning.--
            ``(1) In general.--To promote the assessment and 
        implementation of pollution prevention alternatives, the owner 
        or operator of a facility shall periodically complete a 
        pollution prevention plan.
            ``(2) Initial plan and updates.--The owner or operator of a 
        facility shall--
                    ``(A) complete a pollution prevention plan on or 
                before July 1 of the second calendar year that begins 
                after the date of enactment of this section; and
                    ``(B) review and update the pollution prevention 
                plan biennially thereafter.
            ``(3) Contents of pollution prevention plans.--
                    ``(A) Items to be included.--Except as provided in 
                section 317, a pollution prevention plan shall 
                include--
                            ``(i) a statement of management policy 
                        regarding pollution prevention;
                            ``(ii) a written certification by the owner 
                        or operator of the facility regarding the 
                        accuracy and completeness of the plan;
                            ``(iii) 2- and 5-year pollution prevention 
                        goals for targeted production processes, 
                        including a numerical statement regarding the 
                        intended reduction in the quantity of each 
                        toxic chemical manufactured, processed, or 
                        otherwise used;
                            ``(iv) a statement of progress achieved 
                        toward previously submitted pollution 
                        prevention goals;
                            ``(v) an analysis of each targeted 
                        production process, including--
                                    ``(I) an assessment of materials 
                                accounting information of toxic 
                                chemicals with respect to the targeted 
                                production process; and
                                    ``(II) a full cost accounting of 
                                the direct and indirect costs 
                                (including liabilities) of toxic 
                                chemical purchase, use, and waste 
                                management;
                            ``(vi) an evaluation of the options for 
                        reducing the use of toxic chemicals or the 
                        generation of byproducts in the targeted 
                        production unit process by means of the 
                        substitution of raw materials, reformulation or 
                        redesign of products, production unit 
                        modifications, and improvement in operation and 
                        maintenance, including--
                                    ``(I) identification of options 
                                that minimize potential exposure to 
                                workers, consumers, the public, and the 
                                environment; and
                                    ``(II) an assessment of the 
                                technical and economic feasibility of 
                                the options identified under subclause 
                                (I);
                            ``(vii) an identification of options 
                        identified under clause (vi)(I) that are 
                        technically feasible and have a payback period 
                        of less than 2 years;
                            ``(viii) a schedule for implementing the 
                        options identified under clause (vii) that the 
                        owner or operator of the facility intends to 
                        implement; and
                            ``(ix) if there is an option identified 
                        under clause (vii) that is not included in the 
                        schedule developed under clause (viii), a 
                        statement of the reason why the option is not 
                        included.
                    ``(B) Items not to be included.--A pollution 
                prevention plan shall not include a waste management or 
                control activity.
            ``(4) Pollution prevention plan summaries.--
                    ``(A) In general.--For each pollution prevention 
                plan, the owner or operator of a facility shall prepare 
                a pollution plan summary.
                    ``(B) Contents.--A pollution plan summary shall 
                include the information reported under--
                            ``(i) clauses (i), (ii), (iii), and (iv) of 
                        paragraph (3)(A); or
                            ``(ii) if applicable, subparagraphs (A), 
                        (B), (C), and (D) of section 317(c)(2).
    ``(c) Pollution Prevention Plan Progress Reports.--
            ``(1) In general.--Beginning with the second full calendar 
        year after a pollution prevention plan has been prepared under 
        subsection (b), the owner or operator of a facility shall 
        prepare a pollution prevention plan progress report annually 
        for the facility in accordance with the schedule for the 
        submission of toxic release forms under section 313.
            ``(2) Contents.--A pollution prevention progress report 
        shall include--
                    ``(A) a description of the facility and 
                identification of each targeted production process;
                    ``(B) a numerical statement demonstrating the 
                progress of the facility towards achieving each of its 
                5-year goals for pollution prevention; and
                    ``(C) if the annual progress of the facility does 
                not achieve the level of progress anticipated in the 
                pollution prevention plan schedule for implementation, 
                an explanation of the reasons why that level of 
                progress was not achieved.
    ``(d) Guidelines for Preparation of Pollution Prevention Plans.--
Not later than 2 years after the date of enactment of this section, the 
Administrator shall by regulation establish guidelines for the 
preparation of pollution prevention plans, pollution prevention plan 
summaries, and pollution prevention plan progress reports.
    ``(e) Availability of Pollution Prevention Plans, Summaries, and 
Reports.--
            ``(1) Pollution prevention plans.--
                    ``(A) In general.--The owner or operator of a 
                facility shall--
                            ``(i) retain each pollution prevention plan 
                        at the facility; and
                            ``(ii) make each pollution prevention plan 
                        available for inspection by the Administrator 
                        or authorized State.
                    ``(B) Not public records.--A document or other 
                record obtained from or reviewed at a facility owned or 
                operated by a private person shall not be considered to 
                be a public record.
            ``(2) Pollution prevention plan summaries and progress 
        reports.--
                    ``(A) Submission.--The owner or operator of a 
                facility shall submit a pollution prevention plan 
                summary for the facility and progress reports, with the 
                toxic release forms required under section 313 for the 
                year in which the summary is required, to the 
                Administrator and to the State in which the facility is 
                located, in a format that is compatible with electronic 
                information storage and retrieval and compatible with 
                the data submitted under section 313 (except in a case 
                in which the Administrator determines that preparation 
                in electronic format would create a significant 
                hardship).
                    ``(B) Public availability.--The Administrator 
                shall, using electronic and other means, make pollution 
                plan summaries and progress reports available to the 
                public consistent with section 313(j).
    ``(f) Required Modification.--
            ``(1) In general.--The Administrator or an authorized State 
        may require the modification of a pollution prevention plan or 
        pollution prevention plan summary if the Administrator or 
        authorized State determines that the pollution prevention plan 
        does not meet the requirements of subsection (b) or the 
        pollution prevention plan summary does not meet the 
        requirements of subsection (b)(4).
            ``(2) Time for completion of required modification.--Any 
        modification required by the Administrator or authorized State 
        shall be completed by the owner or operator of the facility not 
        later than 90 days after the date on which the Administrator or 
        the State provides written notice that the modification is 
        required.
    ``(g) Product Formulas.--Nothing in this subtitle authorizes the 
Administrator or a State to require that information concerning 
nontoxic chemicals, or product formulas for mixtures that include only 
nontoxic chemicals, be included in a pollution prevention plan, 
summary, or progress report.
    ``(h) 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 production processes that 
use similar ingredients to produce 1 or more similar products as a 
single production process.
    ``(i) Training.--The Administrator or an authorized State may 
require that individuals that prepare pollution prevention plans for 
facilities in particular industrial categories or subcategories receive 
training or attend seminars and workshops on the proper preparation of 
toxic release inventories and pollution prevention plans and on the use 
of available pollution prevention measures.
    ``(j) 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 concerning a research and development laboratory 
located at the facility.
    ``(k) 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 
for a pilot facility.
    ``(l) Technical Assistance.--
            ``(1) In general.--At the request of the owner or operator 
        of a facility, the Administrator or an authorized State may 
        provide technical assistance in pollution prevention planning.
            ``(2) Reimbursement.--The Administrator may seek full (or 
        in the case of a small business, full or partial) reimbursement 
        for any technical assistance provided to a facility.
            ``(3) No requirement of particular measures or standards.--
        Nothing in this subsection authorizes the Administrator to 
        require that a particular pollution prevention measure be 
        implemented or that a pollution prevention performance standard 
        be achieved at a facility or targeted production process.
    ``(m) State Administration.--
            ``(1) Request for state authorization.--
                    ``(A) Guidelines.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall publish guidance that would be useful to the 
                States in submitting a program for approval under this 
                paragraph.
                    ``(B) Submission of programs.--A State may submit 
                to the Administrator a program for carrying out this 
                section in the State.
                    ``(C) Implementation of state programs.--On and 
                after the date that is 180 days after date on which the 
                Administrator receives a State program under 
                subparagraph (B), the State may carry out the program 
                in the State in place of the Federal program under this 
                section, unless the Administrator notifies the State 
                that the program is not approved.
            ``(2) Criteria for state authorization.--
                    ``(A) In general.--The Administrator shall approve 
                a State program submitted under paragraph (1) if the 
                Administrator determines that the State program 
                requires that--
                            ``(i) each facility develop a pollution 
                        prevention plan that includes materials 
                        accounting for full cost accounting; and
                            ``(ii) each pollution prevention plan 
                        address the reduction of the use and generation 
                        as byproduct of toxic chemicals subject to this 
                        section so as to reduce overall risks to the 
                        public, workers, consumers, and the environment 
                        without shifting risks between them.
                    ``(B) Disapproval.--If the Administrator does not 
                approve a State program, the Administrator shall notify 
                the State in writing of any revisions or modifications 
                that are necessary to obtain approval.
            ``(3) Withdrawal of state authorization.--
                    ``(A) In general.--If the Administrator determines 
                after public hearing that a State program approved 
                under paragraph (1) no longer meets the criteria of 
                paragraph (2), the Administrator shall so notify the 
                State in writing. If appropriate corrective action is 
                not taken within a reasonable time (not to exceed 90 
days after notification), the Administrator shall withdraw 
authorization of the program and establish a Federal program under this 
section.
                    ``(B) Notification.--The Administrator shall not 
                withdraw authorization of a State program unless the 
                Administrator first notifies the State and makes public 
                in writing the reasons for the withdrawal.
            ``(4) No preemption of state programs.--Nothing in this 
        subsection affects the authority of a State or political 
        subdivision of a State to establish or continue in effect any 
        regulation or any other measure relating to pollution 
        prevention.
    ``(n) Reports.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of this section and not less frequently than every 3 
        years thereafter, the Administrator shall submit a report to 
        the President and Congress that describes the pollution 
        prevention plans that have been prepared under this section.
            ``(2) Matters to be addressed.--A report under paragraph 
        (1) shall include--
                    ``(A) a detailed analysis that indicates the 
                progress achieved toward any pollution prevention goals 
                established by the Administrator under section 6604 of 
                the Pollution Prevention Act of 1990 (42 U.S.C. 13103); 
                and
                    ``(B) a detailed analysis of the steps that need to 
                be taken to ensure that the goals are achieved, 
                including an identification of the industrial 
                categories or subcategories that should be the highest 
                priority for pollution prevention measures and that 
                need improvement with respect to pollution prevention.

``SEC. 317. SMALL BUSINESS POLLUTION PREVENTION COMPLIANCE AND 
              TECHNICAL ASSISTANCE PROGRAM.

    ``(a) Establishment of Program.--The Administrator shall establish 
a small business pollution prevention compliance and technical 
assistance program to assist owners and operators of facilities in 
identifying and applying methods of pollution prevention.
    ``(b) Elements of Program.--The program under subsection (a) 
shall--
            ``(1) provide compliance assistance, technical assistance, 
        and other assistance to small businesses;
            ``(2) use funds provided under this subsection for matching 
        grants to State and local government agencies for programs to 
        promote the use of pollution prevention techniques by small 
        businesses; and
            ``(3) allow small businesses to comply with the pollution 
        prevention planning requirements of this by title complying 
        with subsection (c).
    ``(c) Use of Manual and Checklist In Lieu Of Pollution Prevention 
Plan.--
            ``(1) In general.--The Administrator may by regulation 
        allow a small business in a commercial sector for which a 
        pollution prevention opportunity assessment manual and 
        checklist have been published under paragraph (2) to comply 
        with the pollution prevention planning requirements of 
        subsections (a) and (b) of section 316 by completing the 
        checklist and retaining on site the manual and checklist in 
        lieu of preparing a pollution prevention plan.
            ``(2) Contents of manual and checklist.--The Administrator 
        may publish a manual and checklist for any commercial sector by 
        the use of which a small business in the commercial sector 
        would develop--
                    ``(A) a statement of management policy regarding 
                pollution prevention;
                    ``(B) a written certification by the owner or 
                operator of the facility regarding the accuracy and 
                completeness of the plan;
                    ``(C) 2- and 5-year pollution prevention goals for 
                targeted production processes, including a numerical 
                statement regarding the intended reduction in the 
                quantity of each toxic chemical produced or used and 
                each toxic chemical generated as a byproduct;
                    ``(D) a statement of progress achieved toward 
                previously submitted pollution prevention goals;
                    ``(E) an estimate of the costs associated with 
                toxic chemical purchase, use, and waste management;
                    ``(F) an evaluation of production processes and 
                material, storage, and treatment practices;
                    ``(G) an evaluation of toxic use reduction and 
                source reduction opportunities; and
                    ``(H) an economic impact analysis of options for 
                achieving reductions in toxic chemical use and 
                byproduct generation.''.
    (b) Civil Action.--Section 326(a)(1)(A) of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11046(a)(1)(A)) is 
amended by adding at the end the following:
                            ``(v) Complete and submit a pollution plan 
                        summary or pollution plan progress report under 
                        section 316.''.
    (c) Table of Contents.--The table of contents in section 300(b) of 
the Emergency Planning and Community Right-To-Know Act of 1986 (42 
U.S.C. prec. 11001) is amended by striking the item relating to 
subtitle C and inserting the following:

              ``Subtitle C--Pollution Prevention Planning

``Sec. 316. Pollution prevention plans.
``Sec. 317. Small business pollution prevention compliance and 
                            technical assistance program.
                  ``Subtitle D--General Provisions.''.

SEC. 203. INFORMATION GATHERING AND ACCESS.

    Section 325 of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11045) is amended by adding at the end the 
following:
    ``(g) Provision of Information and Records; Inspections.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Authorized officer.--The term `authorized 
                officer' means--
                            ``(i) an officer, employee, or 
                        representative of the Administrator; or
                            ``(ii) an officer, employee, or 
                        representative of an authorized State carrying 
                        out that section 316.
                    ``(B) Authorized state.--The term `authorized 
                state' means a State that is authorized to carry out 
                and enforce section 316 under section 317.
            ``(2) Provision of information and records.--At the request 
        of an authorized officer, a person who has or may have 
        information relevant to the identification, nature, or quantity 
        of materials, including hazardous chemicals, extremely 
        hazardous substances, toxic chemicals, or other materials 
        subject to this title that may have been manufactured, 
        processed, or otherwise used, stored, or otherwise managed 
        (including recycling, treating, combusting, releasing, or 
        transferring from a facility subject to the requirements of 
        this title) shall--
                    ``(A) furnish to the authorized officer information 
                pertaining to the identification, nature, and quantity 
                of the materials; and
                    ``(B) at the option and expense of the person--
                            ``(i) afford the authorized officer access 
                        at all reasonable times to the facility or 
                        location to inspect and copy all documents and 
                        records relating to the identification, nature, 
                        and quantity of the material; or
                            ``(ii) copy and furnish to the authorized 
                        officer all such documents and records.
            ``(3) Inspections.--
                    ``(A) In general.--At the request of an authorized 
                officer, the owner or operator of a facility subject to 
                the requirements of this title shall permit the 
                authorized officer to enter, at reasonable times--
                            ``(i) the facility; or
                            ``(ii) any other facility, establishment, 
                        or other place or property owned or operated by 
                        the owner or operator of the facility, if, in 
                        the opinion of the authorized officer, entry is 
                        needed to determine compliance with and enforce 
                        this title with respect to the facility.
                    ``(B) Samples.--An authorized officer may inspect 
                and obtain--
                            ``(i) samples from any facility subject to 
                        the requirements of this title or from a 
                        facility, establishment, or other place or 
                        property described in subparagraph (A)(ii); or
                            ``(ii) samples of any containers of toxic 
                        chemicals or other materials maintained at the 
                        facility.
                    ``(C) Prompt completion.--An inspection under this 
                paragraph shall be completed with reasonable 
                promptness.
                    ``(D) Receipt for samples and copies of analyses.--
                If an authorized officer obtains a sample under 
                subparagraph (B), the authorized officer shall--
                            ``(i) before leaving the premises, give to 
                        the owner or operator of the facility a receipt 
                        describing the sample obtained and, if 
                        requested, a portion of the sample; and
                            ``(ii) furnish promptly to the owner or 
                        operator of the facility a copy of the results 
                        of any analysis made of the sample.
            ``(4) Compliance orders.--
                    ``(A) Issuance.--If the owner or operator of a 
                facility failed to comply with a request of an 
                authorized officer under this subsection, the 
                Administrator or authorized State may, after such 
                notice and opportunity for consultation as is 
                reasonably appropriate under the circumstances, issue 
                an order directing compliance with the request.
                    ``(B) Civil action.--
                            ``(i) In general.--The Administrator may 
                        request the Attorney General to commence a 
                        civil action to compel compliance with a 
                        request or order under this subsection.
                            ``(ii) Relief.--If the court finds that 
                        there is a reasonable basis on which to believe 
                        that there may be a violation of this title, 
                        unless the court finds that, under the 
                        circumstances of the case, the request or order 
                        under this subsection was arbitrary and 
                        capricious, an abuse of discretion, or 
                        otherwise not in accordance with law, the 
                        court--
                                    ``(I) shall enter an order 
                                directing compliance with the request 
                                or order; and
                                    ``(II) may assess a civil penalty 
                                of not more than $10,000 for each day 
                                of noncompliance.
            ``(5) Other authority.--Nothing in this subsection 
        precludes the Administrator or an authorized State from 
        securing access or obtaining information in any other lawful 
        manner.''.

SEC. 204. PUBLIC AVAILABILITY.

    Section 313(j) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(j)) is amended in the second sentence 
by striking ``on a cost reimbursable basis''.

SEC. 205. FEDERAL FACILITIES.

    Section 329(7) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11049(7)) is amended by inserting before 
the period at the end the following: ``or the United States''.

SEC. 206. ENFORCEMENT.

    Section 325(c)(1) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11045(b)(1)) is amended by striking ``or 
313'' and inserting ``, 313, or 316''.
                                 <all>