[Congressional Record Volume 146, Number 83 (Tuesday, June 27, 2000)]
[Senate]
[Pages S5906-S5910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself and Mr. Crapo):
  S. 2800. A bill to require the Administrator of the Environmental 
Protection Agency to establish an integrated environmental reporting 
system; to the Committee on Environment and Public Works.


THE STREAMLINED ENVIRONMENTAL REPORTING AND POLLUTION PREVENTION ACT OF 
                                  2000

 Mr. LAUTENBERG. Mr. President, I am pleased to introduce 
bipartisan legislation, the Streamlined Environmental Reporting and 
Pollution Prevention Act of 2000, with Senator Crapo, my colleague on 
the Environment and Public Works Committee, as an original cosponsor.
  This bill will require the U.S. Environmental Protection Agency (EPA) 
to give businesses one point of contact for all federal environmental 
reporting requirements, and to otherwise minimize the administrative 
burdens of environmental reporting. This ``one-stop'' reporting system 
will use a common nomenclature throughout and use language 
understandable to business people, not just to environmental 
specialists. Its electronic version will also provide pollution 
prevention information to the business. The bill will also

[[Page S5907]]

give each State, tribal, or local agency the option of reporting 
information to one point of contact at EPA, which will facilitate their 
efforts to streamline environmental reporting.
  Mr. President, a law streamlining environmental reporting will 
obviously benefit industry. It will be of great environmental benefit 
as well. High-quality environmental information is the foundation of 
environmental policy-making. Unfortunately, there are significant gaps 
and inaccuracies in the environmental information reported by 
businesses today. This is because environmental reporting currently 
involves scouring several different EPA offices for the applicable 
requirements, and then mastering a bewildering variety of reporting 
formats and regulatory nomenclatures. Reducing needless complications, 
as our bill does, will increase compliance with reporting programs and 
improve the accuracy of the information reported.
  In addition to improving environmental information, a law 
streamlining environmental reporting will help businesses prevent 
pollution at the source. Mainstream business decision-makers--those who 
design the business's product, decide how to make it, manufacture it, 
and instruct customers in its use--inadvertently make the vast majority 
of environmental decisions at the business. When a business designs its 
product and the process for manufacturing the product, it is locking in 
its major environmental impacts. Streamlining environmental reporting 
will make it easier for mainstream business decision-makers to 
understand their environmental obligations. This will make it easier to 
incorporate environmental considerations into the design of products 
and production processes, and instructions on their use--that is, 
preventing pollution at the source.
  This bill is endorsed by the National Federation of Independent 
Businesses, the Printing Industries of America, the National 
Association of Metal Finishers, the American Electroplaters and Surface 
Finishers Society, the Metal Finishing Suppliers Association, the U.S. 
Public Interest Research Group, Environmental Defense, the National 
Environmental Trust, and the National Pollution Prevention Roundtable. 
I ask unanimous consent that their statements of support, the text of 
the bill, and a section-by-section summary of the bill be entered into 
the Record.
  Mr. President, this is a bipartisan win-win bill that will be good 
for U.S. industry and good for the environment. I urge my colleagues to 
join Senator Crapo and me in supporting this legislation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2800

       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 ``Streamlined Environmental 
     Reporting and Pollution Prevention Act of 2000''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Integrated reporting system.--The term ``integrated 
     reporting system'' means the integrated environmental 
     reporting system established under section 3.
       (3) Person.--The term ``person'' means an individual, 
     trust, firm, joint stock company, corporation, partnership, 
     or association, or a facility owned or operated by the 
     Federal Government or by a State, tribal government, 
     municipality, commission, or political subdivision of a 
     State.
       (4) Reporting requirement.--
       (A) In general.--The term ``reporting requirement'' means--
       (i) a routine, periodic, environmental reporting 
     requirement; and
       (ii) any other reporting requirement that the Administrator 
     may by regulation include within the meaning of the term.
       (B) Exclusions.--The term ``reporting requirement'' does 
     not include--
       (i) the reporting of information relating to an emergency, 
     except for information submitted as part of a routine 
     periodic environmental report, and except for the purpose 
     specified in subparagraph (C); or
       (ii) the reporting of information to the Administrator 
     relating only to business transactions (and not to 
     environmental or regulatory matters) between the 
     Administrator and a person, including information provided--

       (I) in the course of fulfilling a contractual obligation 
     between the Administrator and the reporting person; or
       (II) in the filing of financial claims against the 
     Administrator.

       (C) Certain data standards for reporting of information 
     relating to an emergency.--The Administrator shall implement 
     data standards under section 3(b)(5)(A) for the reporting of 
     information relating to emergencies.

     SEC. 3. INTEGRATED REPORTING SYSTEM.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, the Administrator shall integrate and 
     streamline the reporting requirements established under laws 
     administered by the Administrator for each person subject to 
     those reporting requirements--
       (1) in accordance with subsection (b);
       (2) to the extent not explicitly prohibited by Act of 
     Congress; and
       (3) to the extent consistent with the preservation of the 
     integrity, reliability, and security of the data reported.
       (b) Components of Reporting System.--In establishing the 
     integrated reporting system, to ensure consistency and 
     facilitate use of the system, the Administrator shall--
       (1) allow each person required to submit information to the 
     Administrator under reporting requirements administered by 
     the Administrator to report the information to 1 point of 
     contact--
       (A) using a single electronic system or paper form; and
       (B) in the case of an annual reporting requirement, at 1 
     time during the year;
       (2)(A) allow each State, tribal, or local agency that has 
     been authorized or delegated authority to implement a law 
     administered by the Administrator to report information 
     regarding any person subject to the law, as required under 
     the law (including a regulation), agreement, or other 
     instrument, authorizing or delegating the authority, to 
     report to 1 point of contact--
       (i) using a single electronic system; and
       (ii) in the case of an annual reporting requirement, at 1 
     time during each year; and
       (B) provide each State, tribal, or local agency that 
     reports through the integrated reporting system full access 
     to the data reported to the Administrator through the system;
       (3) provide a reporting person, upon request, full access 
     to information reported by the person to the Administrator, 
     or to any State, tribal, or local agency that was 
     subsequently reported to the Administrator, in a variety of 
     formats that includes a format that the person may modify by 
     incorporating information applicable to the current reporting 
     period and then submit to the Administrator to comply with a 
     current reporting requirement;
       (4)(A) consult with heads of other Federal agencies to 
     identify environmental or occupational safety or health 
     reporting requirements that are not administered by the 
     Administrator; and
       (B) as part of the electronic version of the integrated 
     reporting system, post information that provides direction to 
     the reporting person in--
       (i) identifying requirements identified under subparagraph 
     (A) to which the person may be subject; and
       (ii) locating sources of information on those requirements;
       (5) in consultation with a committee of representatives of 
     State and tribal governments, reporting persons, 
     environmental groups, information technology experts, and 
     other interested parties (which, at the discretion of the 
     Administrator, may occur through a negotiated rulemaking 
     under subchapter IV of chapter 5 of title 5, United States 
     Code), implement, and update as necessary, in each national 
     information system of the Environmental Protection Agency 
     that contains data reported under the reporting system 
     established under this Act, data standards for--
       (A) the facility site (including a facility registry 
     identifier), geographic coordinates, mailing address, 
     affiliation, organization, environmental interest, industrial 
     classification, and individuals that have management 
     responsibility for environmental matters at the facility 
     site;
       (B) units of measure;
       (C) chemical, pollutant, waste, and biological 
     identification; and
       (D) other items that the Administrator considers to be 
     appropriate;
       (6) in consultation with the committee referred to in 
     paragraph (5), implement, and update as necessary, a 
     nomenclature throughout the integrated reporting system that 
     uses terms that the Administrator believes are understandable 
     to reporting persons that do not have environmental 
     expertise;
       (7) consolidate reporting of data that, but for 
     consolidation under this paragraph, would be required to be 
     reported to the integrated reporting system at more than 1 
     point in the same data submission;
       (8) provide for applicable data formats and submission 
     protocols, including procedures for legally enforceable 
     electronic signature in accordance with the Government 
     Paperwork Elimination Act (44 U.S.C. 3504 note) that, as 
     determined by the Administrator--
       (A) conform, to the maximum extent practicable, with 
     public-domain standards for electronic commerce;
       (B) are accessible to a substantial majority of reporting 
     persons; and
       (C) provide for the integrity and reliability of the data 
     reported sufficient to satisfy the legal requirement of proof 
     beyond a reasonable doubt;

[[Page S5908]]

       (9) establish a National Environmental Data Model that 
     describes the major data types, significant attributes, and 
     interrelationships common to activities carried out by the 
     Administrator and by State, tribal, and local agencies 
     (including permitting, compliance, enforcement, budgeting, 
     performance tracking, and collection and analysis of 
     environmental samples and results), which the Administrator 
     shall--
       (A) use as the framework for databases on which the data 
     reported to the Administrator through the integrated system 
     shall be kept; and
       (B) allow other Federal agencies and State, tribal, and 
     local governments to use;
       (10) establish an electronic commerce service center, 
     accessible through the point of contact established under 
     paragraph (1), to provide technical assistance, as necessary 
     and feasible, to each person that elects to submit applicable 
     electronic reports;
       (11) provide each reporting person access, through the 
     point of contact established under paragraph (1), to 
     scientifically sound, publicly available information on 
     pollution prevention technologies and practices;
       (12) at the discretion of the Administrator, develop, 
     within the reporting system, different methods by which the 
     reporting person may electronically provide the required 
     information, in order to facilitate use of the system by 
     different sectors, sizes, and categories of reporting 
     persons;
       (13) provide protection of confidential business 
     information or records as defined under section 552a of title 
     5, United States Code, so that each reported item of data 
     receives protection equivalent to the protection that item of 
     data would receive if the item were reported to the 
     Administrator through means other than the integrated 
     reporting system;
       (14) develop (or cause to be developed), and make available 
     free of charge through the Internet, software for use by the 
     reporting person that, to the maximum extent practicable, 
     assists the person in assembling necessary data, reporting 
     information, and receiving information on pollution 
     prevention technologies and practices as described in 
     paragraph (9); and
       (15) provide a mechanism by which a reporting person may, 
     at the option of the reporting person, electronically 
     transfer information from the data system of the reporting 
     person to the integrated reporting system through the use, in 
     the integrated reporting system, of--
       (A) open data formats (such as the ASCII format); and
       (B) a standard that enables the definition, transmission, 
     validation, and interpretation of data by software 
     applications and by organizations through use of the Internet 
     (such as the XML standard).
       (c) Scope of Data Standards and Nomenclature.--The data 
     standards and nomenclature implemented and updated under 
     paragraphs (5) and (6) of subsection (b) shall not affect any 
     regulatory standard or definition in effect on the date of 
     enactment of this Act, except to the extent that the 
     Administrator amends, by regulation, the standard or 
     definition.
       (d) Use of Reporting System.--Nothing in this Act requires 
     that any person use the integrated reporting system instead 
     of an individual reporting system.

     SEC. 4. INTERAGENCY COORDINATION.

       (a) In General.--At the request of any Federal, State, 
     tribal, or local agency, the Administrator shall coordinate 
     the integration of reporting required under section 3 with 
     similar efforts by the agency that, as determined by the 
     Administrator, are consistent with this Act.
       (b) Integrated Reporting Across Jurisdictions.--Under 
     subsection (a), the Administrator may develop a procedure 
     under which a person that is required to report information 
     under 1 or more laws administered by the Administrator and 1 
     or more laws administered by a State, tribal, or local agency 
     may report all required information--
       (1) through 1 point of contact using a single electronic 
     system or paper form; and
       (2) in the case of an annual reporting requirement, at 1 
     time each year.
       (c) Common Data Format Across Jurisdictions.--To facilitate 
     reporting by persons with facilities in more than 1 State, 
     tribal, or local jurisdiction, the Administrator shall 
     encourage the use of a common data format by any State, 
     tribal, or local agency coordinating with the Administrator 
     under subsection (a).
       (d) Provision of Information.--At the request of the 
     Administrator, the head of a Federal department or agency 
     shall provide to the Administrator information on reporting 
     requirements established under a law administered by the 
     agency.
       (e) Selective Use of Integrated Reporting System.--The 
     Administrator may design the integrated system to allow a 
     reporting person to use the integrated reporting system for 
     some purposes and not for others.

     SEC. 5. REGULATIONS.

       The Administrator may promulgate such regulations as are 
     necessary to carry out this Act.

     SEC. 6. REPORTS.

       Not later than 2 years after the date of enactment of this 
     Act, if the Administrator determines that 1 or more 
     provisions of law explicitly prohibit or hinder the 
     integration of reporting and other actions required under 
     this Act, the Administrator shall submit to Congress a report 
     identifying those provisions.

     SEC. 7. SAVINGS CLAUSE.

       (a) In General.--Nothing in this Act limits, modifies, 
     affects, amends, or otherwise changes, directly or 
     indirectly, any provision of Federal or State law or the 
     obligation of any person to comply with any provision of law.
       (b) Effect.--Neither this Act nor the integrated reporting 
     system shall alter or affect the obligation of a reporting 
     person to provide the information required under any 
     reporting requirement.
       (c) Reporting.--Nothing in this Act authorizes the 
     Administrator to require the reporting of information that is 
     in addition to, or prohibit the reporting of, information 
     that is reported as of the day before the date of enactment 
     of this Act.
                                  ____



                                                         NFIB,

                                Washington, DC, February 11, 2000.
     Hon. Frank R. Lautenberg,
     U.S. Senate, Washington, DC.
       Dear Senator Lautenberg: On behalf of the 600,000 small 
     business owners that make up the National Federation of 
     Independent Business (NFIB), I would like to express support 
     for the ``Streamlined Environmental Reporting and Pollution 
     Prevention Act of 2000.''
       The 1996 Code of Federal Regulations, which is the annual 
     listing of agency regulations, takes up 204 volumes with a 
     total of 132,112 pages. According to research conducted by 
     the Small Business Administration, small businesses bear 63 
     percent of the total regulatory burden. It is no wonder that 
     a 1996 NFIB Education Foundation Study ranked unreasonable 
     government regulations and federal paperwork burdens as two 
     of the top ten problems facing small business.
       Simplying this complex system of regulations is a priority 
     for NFIB. As you know, we set our positions on matters of 
     public policy by regularly polling our membership. When we 
     asked small business owners whether they would support the 
     creation of a short-form reporting system, 81 percent of our 
     members said, ``yes.''
       A group of small business owners that are NFIB members 
     reviewed your proposed legislation and they were particularly 
     pleased with the following:
       The shift to a one time annual reporting requirement will 
     save valuable time and money.
       The legislation wisely extends the benefits of a simplified 
     reporting system to small business owners that do not have 
     the capability of reporting electronically.
       The requirement that information on new methods and 
     technology be made available to assist in pollution 
     prevention efforts will be helpful to small business owners 
     that do not have direct access to research and development 
     programs.
       The requirement that the U.S. environmental protection 
     Agency (EPA) shift to using common chemical identifiers and a 
     common nomenclature will be helpful.
       Your legislation provides the EPA with a much-needed push 
     towards simpler regulatory requirements. I hope that you find 
     our comments helpful, and I look forward to working with you 
     on this bill and other efforts that will make it easier for 
     small business owners to comply with environmental laws.
           Sincerely,

                                                   Dan Danner,

                                            Senior Vice President,
     Federal Public Policy.
                                  ____



                         Printing Industries of America, Inc.,

                                    Alexandria, VA, March 8, 2000.
     Senator Frank Lautenberg,
     Washington, DC.
       Dear Senator Lautenberg: On behalf of the Printing 
     Industries of America, we wish to express our support for the 
     ``Streamlined Environmental Reporting and Pollution 
     Prevention Act of 2000.'' We believe that this legislation is 
     a win-win for the environment and the economy, and we look 
     forward to working with you to enact this legislation during 
     the 106th Congress.
       As a trade association representing thousands of small 
     printers, we believe the vast majority of small businesses 
     want to do the right thing by the environment, but often they 
     simply do not know what is required of them. This legislation 
     establishes a mandatory duty on the EPA Administrator to 
     develop a way for businesses to fulfill all of their annual 
     reporting obligation in a single electronic filing. While 
     there are no guarantees, we believe this mandate will set in 
     motion a process that leads to simplified reporting and fewer 
     duplicative request for information. By simplifying reporting 
     requirements, more small businesses will understand their 
     reporting and compliance obligations, and we can achieve our 
     dual goals of easing regulatory burdens and improving the 
     environment.
       The proposed legislation also contains important 
     protections that should address potential concerns 
     stakeholders. For example, statutory impediments to 
     integrated reporting are not repealed, but EPA must identify 
     such provisions within two years of enactment. Businesses who 
     choose to report on paper or under the current system can 
     continue to do so. A state or local agency can maintain its 
     separate reporting requirements, or it can request EPA to 
     collect its data requirements on the EPA reporting system. 
     Existing protections for confidential business information 
     are maintained. Overall, we believe this legislation is 
     carefully tailored to address a real problem, while

[[Page S5909]]

     avoiding unnecessary controversy. We believe this is 
     legislation that can and should be enacted this year.
       Once again, thank you for your leadership in introducing 
     this legislation.
           Sincerely,
                                               Benjamin Y. Cooper,
     Vice-President of Government Affairs.
                                  ____

         National Association of Metal Finishers, American 
           Electro-platers and Surface Finishers Society, Metal 
           Finishing Suppliers Association,
                                                     May 31, 2000.
     Hon. Frank Lautenberg,
     U.S. Senate,
     Washington, DC.
       Dear Senator Lautenberg: This letter is to express our 
     appreciation for your work on environmental reporting issues, 
     and to endorse the bill you plan to introduce with Senator 
     Crapo, the ``Streamlined Environmental Reporting and 
     Pollution Prevention Act.''
       As the three leading trade and professional associations 
     for the nation's surface finishing industry, we work to 
     advance the viability and critical economic contribution of 
     approximately 5000 manufacturing facilities, which range from 
     small ``job shops'' to Fortune 500 companies. The National 
     Association of Metal Finishers (NAMF) represents the 
     interests of finishing companies and owners, the American 
     Electroplaters and Surface Finishers Society (AESF) 
     represents technical, research and scientific personnel 
     associated with the industry, and the Metal Finishing 
     Suppliers Association (MFSA) represents a wide range of 
     vendors of equipment, chemicals and environmental consulting 
     expertise.
       As you know, our work during the '90s with USEPA on the 
     reinvention front has led to better environmental performance 
     for the finishing industry and constructive regulatory 
     change. It remains our view that one of the most significant 
     environmental regulatory challenges in the coming years will 
     be the management of the ever-increasing weight and 
     complexity of reporting burdens, particularly for small 
     business. Your legislation takes sensible, incremental steps 
     to address issues with which the Agency continues to have 
     great difficulty.
       A key project undertaken by our industry and USEPA under 
     the ``Common Sense Initiative'' is the so-called ``RIITE'' 
     study. This effort applied a Business Process Reengineering 
     approach to identify and evaluate environmental reporting 
     burdens across the entire federal system. The results were 
     compelling, and pointed to the overwhelming need for 
     consolidating and streamlining the reporting system. We have 
     strongly encouraged the Agency to attack these issues in the 
     context of its ``Reinventing Environmental Information'' 
     initiative, and agency officials appear to be making an 
     attempt in concert with involvement from the states, 
     including New Jersey. However, discrete and meaningful 
     changes are still on the far horizon.
       Accordingly, we commend your work and that of your staff, 
     Nikki Roy, in advancing sensible discussion on this issue, 
     and look forward to working with you on your legislative 
     effort in the coming months.
           Sincerely,
                                                Christian Richter,
     Director, Federal Relations.
                                  ____

         U.S. Public Interest Research Group, National Association 
           of State PIRGs.
     Hon. Frank R. Lautenberg,
     U.S. Senate,
     Washington, DC.
       Dear Senator Lautenberg: I am writing to express U.S. 
     PIRG's endorsement of your bill, ``The Streamlined 
     Environmental Reporting and Pollution Prevention Act 1999.'' 
     This bill presents an important opportunity to advance 
     environmental protection while reducing the burden associated 
     with environmental reporting requirements.
       The bill will require EPA, within four years, to provide 
     businesses with one point of contact for all federal 
     environmental reporting requirements. This `one-stop' 
     reporting system will use a common nomenclature and language 
     understandable to businesspeople, not just to environmental 
     specialists. Its electronic version will also provide 
     pollution prevention information to businesses.
       By helping businesses identify environmental reporting 
     requirements to which they are subject, this new system will 
     make it easier for businesses to comply both with those 
     requirements and with other environmental laws. Using a 
     common nomenclature and simpler language will also improve 
     the accuracy of the environmental information reported. In 
     addition, by providing information on pollution prevention to 
     businesses as they report their environmental information, 
     this system will promote pollution prevention. These are all 
     objectives for which U.S. PIRG has long advocated.
       Thank you for your leadership in demonstrating once again 
     that government can advance environmental protection while 
     helping business.
           Sincerely,
                                                 Jeremiah Baumann,
     Environmental Advocate.
                                  ____



                                        Environmental Defense,

                                Washington, DC, February 14, 2000.
     Dr. Manik Roy,
     Office of Senator Lautenberg,
     U.S. Senate, Washington, DC.
       Dear Nikki: I am writing in support of the intent and 
     approach of Mr. Lautenberg's draft bill to require the 
     Administrator of the Environmental Protection Agency to 
     establish an integrated environmental reporting system.
       Integrating environmental reporting is a common sense way 
     to make government work better for regulated entities as well 
     as those who seek to use public information to advance 
     environmental protection. When properly structured, these 
     reforms can lessen the administrative burden on reporting 
     entities while using the ``teachable moment'' of reporting to 
     illuminate pollution prevention opportunities.
       With continued careful attention to specific language, 
     Senator Lautenberg's legislation will make good sense for 
     both the environment and the economy.
           Sincerely,

                                                  Kevin Mills,

                                                         Director,
     Pollution Prevention Alliance.
                                  ____



                                 National Environmental Trust,

                                                   Washington, DC.
     Hon. Frank R. Lautenberg,
     U.S. Senate,
     Washington, DC.
       Dear Senator Lautenberg: On behalf of the National 
     Environmental Trust, we wish to thank you for sponsoring 
     ``The Streamlined Environmental Reporting and Pollution 
     Prevention Act of 1999.'' NET will fully support enactment of 
     this legislation because it will improve environmental 
     protection and at the same time reduce the administrative 
     burden associated with environmental reporting.
       This proposed legislation demonstrates that it is possible 
     to achieve a cleaner environment and maintain a strong 
     economy at the same time. If enacted, this legislation will 
     provide business with ``one-stop'' reporting through a single 
     point of contact for all federal environmental reporting 
     requirements, which will reduce redundancies and paperwork. 
     By making it easier to report, compliance should improve. The 
     provisions for pollution prevention ``feedback'' through the 
     new system will assist businesses in achieving cleaner 
     operations.
       We thank you for your leadership in introducing this 
     important legislation which will reduce businesses' costs of 
     environmental reporting and compliance and at the same time 
     result in vast improvement in environmental performance.
           Sincerely,

                                        Patricia G. Kenworthy,

                                                   Vice President,
     Government Affairs.
                                  ____

                                                National Pollution


                                        Prevention Roundtable,

                                                December 22, 1999.
     Hon. Frank R. Lautenberg,
     U.S. Senate,
     Washington, DC.
       Dear Senator Lautenberg: I am writing on behalf of the 
     National Pollution Prevention Roundtable (National 
     Roundtable), to express the National Roundtable's endorsement 
     of your bill, ``the Streamlined Environmental Reporting and 
     Pollution Prevention Act of 1999.'' The bill advances 
     concepts included in the National Roundtable's proposed 
     amendments to strengthen the Pollution Prevention Act of 
     1990.
       The bill will require EPA, within four years, to provide 
     each business with one point of contact for all federal 
     environmental reporting requirements. This ``one-stop'' 
     reporting system will use language understandable to business 
     people, not just to environmental specialists. In addition, 
     the ``one-stop'' reporting system will simplify reporting due 
     to the use of common nomenclature. The electronic version 
     will also provide pollution prevention information to 
     businesses.
       Obviously, a law that streamlines environmental reporting 
     will benefit industry by allowing them to spend less time on 
     reporting and more on actually preventing pollution and other 
     substantive environmental improvements.
       Mainstream business decision-makers--those who design the 
     business's products, decide how to make it, then proceed to 
     produce it and instruct customers on its use and disposal--
     make the vast majority of environmental decisions in our 
     society. Unfortunately, many times such decisions are made 
     without consideration of their environmental consequences. 
     This is largely due to the complexity of environmental 
     regulations, which typically lead businesses to hire 
     environmental specialists, who often act in isolation of 
     product and process designers.
       Streamlining environmental reporting will make it easier 
     for mainstream business decision-makers to understand their 
     environmental obligations and incorporate environmental 
     considerations into the design and production of their 
     products. Streamlined reporting is a critical tool needed to 
     meet the challenging pollution problems of the 21st century.
       If you have any questions about our comments or about the 
     National Roundtable please have your staff contact either 
     Natalie Roy or Michele Russo in our Washington D.C. office at 
     202/466-P2P2. We look forward to working more closely with 
     you on this important piece of legislation.
           Sincerely,
                                               Patricia Gallagher,
                                        Chair, Board of Directors.

[[Page S5910]]

     
                                  ____
The Streamlined Environmental Reporting and Pollution Prevention Act of 
                             2000--Summary

     Section 1. Short title
       This Act may be cited as the ``Streamlined Environmental 
     Reporting and Pollution Prevention Act of 2000.''
     Sec. 2. Definitions
       Administrator means the Administrator of the U.S. 
     Environmental Protection Agency (EPA).
       Integrated reporting system means the system established 
     under section 3 of this Act.
       Person includes both private and government facilities.
       Reporting requirement means a routine, periodic, 
     environmental reporting requirement. The term refers neither 
     to most emergency information, nor to business transaction 
     information (e.g. information submitted by EPA contractors).
     Sec. 3. Integrated environmental reporting
       (a) Within 4 years of enactment, EPA integrates and 
     streamlines its reporting requirements in accordance with 
     subsection (b), to the extend not prohibited by Act of 
     Congress, and in a manner consistent with the preservation of 
     the integrity, reliability, and security of the data 
     reported.
       (b) The integrated reporting system has the following 
     attributes:
       (1) EPA establishes one point of contact through which 
     reporting persons may submit all information required by EPA 
     reporting requirements. The information may be submitted in 
     paper form or through electronic media, such as an EPA 
     webpage. This provision operates at the discretion of the 
     reporting person. (See subsection (c).)
       (2)(A) Each State, tribal, or local agency that receives 
     information on a reporting person which it then must report 
     to EPA (for example, under a delegation agreement) is allowed 
     to submit such information to one point of contact at EPA. 
     This provision operates at the discretion of the State, 
     tribal, or local agency, and facilitates such agencies' 
     efforts to streamline their own reporting requirements. (See 
     Section 5.)
       (2)(B) Each State, tribal, or local agency that reports 
     through the integrated reporting system has full access to 
     the data reported to EPA through the system.
       (3) A reporting person has full access to any information 
     it reports to EPA and to State, tribal, or local agencies 
     that is subsequently reported to EPA. In order to ease future 
     reporting, EPA provides the person the information in a 
     modifiable format, allowing the person to update the 
     information on the form and send it in to comply with a 
     current reporting requirement.
       (4) The reporting system directs the reporting person to 
     information on applicable OSHA reporting requirements and 
     environmental reporting requirements administered by other 
     Federal agencies.
       (5) The reporting system uses consistent units of measure 
     and consistent terms for chemicals, pollutants, waste, and 
     biological material. It also uses a standard method of 
     identifying reporting facilities. EPA develops such ``data 
     standards'' in consultation with State and tribal 
     governments, reporting persons (i.e. industry), environmental 
     groups, and information technology experts. (If EPA prefers, 
     the data standards may be developed through a negotiated 
     rulemaking with the stakeholders.)
       (6) The reporting system uses a nomenclature that uses 
     terms understandable to reporting persons that do not have 
     environmental expertise.
       (7) Information that would otherwise be reported at more 
     than one point in the same data submission is reported only 
     once.
       (8) The reporting system uses protocols consistent with the 
     Government Paperwork Elimination Act and public-domain 
     standards for electronic commerce.
       (9) EPA establishes a National Environmental Data Model to 
     use as the framework for EPA databases on which reported data 
     is kept. The data model is made available for use by other 
     Federal, State, tribal, and local agencies, as their 
     discretion.
       (10) Reporting persons may receive technical assistance 
     from an electronic commerce service center that is accessible 
     through the reporting system.
       (11) Reporting persons may receive scientifically-sound 
     publicly-available information on pollution prevention 
     technologies and practices through the reporting system.
       (12) EPA may develop different ``interfaces'' for the 
     reporting system to facilitate use by different sectors, 
     sizes, and categories of reporting persons.
       (13) Each reported data element receives protection 
     equivalent to that provided under current law to protect 
     confidential business information and privacy.
       (14) EPA develops and disseminates software, to the maximum 
     extent practicable, that helps the reporting person in 
     assembling necessary data, reporting information, and 
     receiving pollution prevention information under paragraph 
     (11).
       (15) The reporting system uses an ``open data format'' 
     (such as ASCII format) that allows persons to download 
     information from their own internal data management systems 
     directly to the integrated reporting system. This provision 
     operates at the discretion of the reporting person.
       (c) Existing regulatory definitions are not modified by the 
     data standards and nomenclature implemented under paragraphs 
     (5) and (6) above unless amended by regulation.
       (d) Nothing in this Act requires any person to use the 
     integrated electronic reporting system instead of an 
     individual reporting system.
     Sec. 4. Interagency coordination
       (a) EPA coordinates with State, tribal and local efforts 
     that EPA believes consistent this Act, at the request of the 
     State, tribal or local agency. (See section 3(b)(2).)
       (b) Under subsection (a), EPA may coordinate with a State, 
     tribal, or local agency to establish a reporting system that 
     integrates reporting to both EPA and the other agency.
       (c) To ease reporting by persons with facilities in several 
     jurisdictions, EPA encourages the use of a common data format 
     by any State, tribal, or local agency coordinating with EPA 
     under subsection (a).
       (d) Other Federal agencies provide EPA information on their 
     reporting requirements.
       (e) EPA may design the integrated reporting system to allow 
     a reporting person to use it to comply with some requirements 
     and not others.
     Sec. 5. Regulations
       EPA may promulgate such regulations as are necessary to 
     carry out this Act.
     Sec. 6. Reports
       Within 2 years of enactment, EPA reports to Congress those 
     provisions of law that prohibit or hinder implementation of 
     this Act.
     Sec. 7. Savings clause
       (a) Nothing in this Act affects any provision of Federal or 
     State law or the obligation of any person to comply with any 
     provision of law.
       (b) Nothing in this Act affects the obligation of a 
     reporting person to provide the information required under 
     any reporting requirement.
       (c) Nothing in this Act authorizes new reporting 
     requirements or requires the elimination of existing 
     reporting requirements.
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