ATTACHMENT B: 42 USC 133 Pollution Prevention Act

§§ 13051 to 13055

TITLE 42—THE PUBLIC HEALTH AND WELFARE

section, no additional staff shall be hired without a check having been completed.
(2) For the purposes of this section, the term
‘‘child care services’’ means child protective
services (including the investigation of child
abuse and neglect reports), social services,
health and mental health care, child (day) care,
education (whether or not directly involved in
teaching), foster care, residential care, recreational or rehabilitative programs, and detention, correctional, or treatment services.
(b) Criminal history check
(1) A background check required by subsection
(a) of this section shall be—
(A) based on a set of the employee’s fingerprints obtained by a law enforcement officer
and on other identifying information;
(B) conducted through the Identification Division of the Federal Bureau of Investigation
and through the State criminal history repositories of all States that an employee or prospective employee lists as current and former
residences in an employment application; and
(C) initiated through the personnel programs
of the applicable Federal agencies.
(2) The results of the background check shall
be communicated to the employing agency.
(3) An agency or facility described in subsection (a)(1) of this section may hire a staff person provisionally prior to the completion of a
background check if, at all times prior to receipt of the background check during which
children are in the care of the person, the person
is within the sight and under the supervision of
a staff person with respect to whom a background check has been completed.
(c) Applicable criminal histories
Any conviction for a sex crime, an offense involving a child victim, or a drug felony, may be
ground for denying employment or for dismissal
of an employee in any of the positions listed in
subsection (a)(2) of this section. In the case of an
incident in which an individual has been charged
with one of those offenses, when the charge has
not yet been disposed of, an employer may suspend an employee from having any contact with
children while on the job until the case is resolved. Conviction of a crime other than a sex
crime may be considered if it bears on an individual’s fitness to have responsibility for the
safety and well-being of children.
(d) Employment applications
(1) Employment applications for individuals
who are seeking work for an agency of the Federal Government, or for a facility or program
operated by (or through contract with) the Federal Government, in any of the positions listed
in subsection (a)(1) of this section, shall contain
a question asking whether the individual has
ever been arrested for or charged with a crime
involving a child, and if so requiring a description of the disposition of the arrest or charge.
An application shall state that it is being signed
under penalty of perjury, with the applicable
Federal punishment for perjury stated on the
application.
(2) A Federal agency seeking a criminal history record check shall first obtain the signature of the employee or prospective employee

Page 7500

indicating that the employee or prospective employee has been notified of the employer’s obligation to require a record check as a condition
of employment and the employee’s right to obtain a copy of the criminal history report made
available to the employing Federal agency and
the right to challenge the accuracy and completeness of any information contained in the
report.
(e) Encouragement of voluntary criminal history
checks for others who may have contact with
children
Federal agencies and facilities are encouraged
to submit identifying information for criminal
history checks on volunteers working in any of
the positions listed in subsection (a) of this section and on adult household members in places
where child care or foster care services are being
provided in a home.
(Pub. L. 101–647, title II, § 231, Nov. 29, 1990, 104
Stat. 4808; Pub. L. 102–190, div. A, title X,
§ 1094(a), Dec. 5, 1991, 105 Stat. 1488.)
AMENDMENTS
1991—Subsec. (a)(1). Pub. L. 102–190, § 1094(a)(1), substituted ‘‘May 29, 1991. Except as provided in subsection
(b)(3) of this section, no additional staff’’ for ‘‘6 months
after November 29, 1990, and no additional staff’’.
Subsec. (b)(3). Pub. L. 102–190, § 1094(a)(2), added par.
(3).

SUBCHAPTER VI—TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF
CHILD ABUSE OR NEGLECT
§§ 13051 to 13055. Repealed. Pub. L. 102–586,
§ 2(i)(2), Nov. 4, 1992, 106 Stat. 5015
Section 13051, Pub. L. 101–647, title II, § 251, Nov. 29,
1990, 104 Stat. 4814, authorized Administrator to make
grants to public and nonprofit private organizations to
develop, establish, and support projects for juvenile offenders who are victims of child abuse or neglect.
Section 13052, Pub. L. 101–647, title II, § 252, Nov. 29,
1990, 104 Stat. 4815, related to administrative requirements.
Section 13053, Pub. L. 101–647, title II, § 253, Nov. 29,
1990, 104 Stat. 4815, provided that Administrator in
making grants give priority to applicants with experience and not disapprove an application solely because
applicant proposes treating or serving juveniles whose
offenses were not serious crimes.
Section 13054, Pub. L. 101–647, title II, § 254, Nov. 29,
1990, 104 Stat. 4815, authorized appropriations to carry
out this subchapter.
Section 13055, Pub. L. 101–647, title II, § 255, Nov. 29,
1990, 104 Stat. 4815, defined ‘‘Administrator’’ and ‘‘juvenile’’ for purposes of this subchapter.
EFFECTIVE DATE OF REPEAL
Section 2(i)(2) of Pub. L. 102–586 provided that the repeal by that section is effective Sept. 30, 1993.

CHAPTER 133—POLLUTION PREVENTION
Sec.

13101.
13102.
13103.
13104.
13105.
13106.
13107.

Findings and policy.
Definitions.
EPA activities.
Grants to States for State technical assistance programs.
Source Reduction Clearinghouse.
Source reduction and recycling data collection.
EPA report.

Page 7501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

13108.
13109.

Savings provisions.
Authorization of appropriations.

§ 13101. Findings and policy
(a) Findings
The Congress finds that:
(1) The United States of America annually
produces millions of tons of pollution and
spends tens of billions of dollars per year controlling this pollution.
(2) There are significant opportunities for industry to reduce or prevent pollution at the
source through cost-effective changes in production, operation, and raw materials use.
Such changes offer industry substantial savings in reduced raw material, pollution control, and liability costs as well as help protect
the environment and reduce risks to worker
health and safety.
(3) The opportunities for source reduction
are often not realized because existing regulations, and the industrial resources they require for compliance, focus upon treatment
and disposal, rather than source reduction; existing regulations do not emphasize multimedia management of pollution; and businesses need information and technical assistance to overcome institutional barriers to the
adoption of source reduction practices.
(4) Source reduction is fundamentally different and more desirable than waste management and pollution control. The Environmental Protection Agency needs to address
the historical lack of attention to source reduction.
(5) As a first step in preventing pollution
through source reduction, the Environmental
Protection Agency must establish a source reduction program which collects and disseminates information, provides financial assistance to States, and implements the other activities provided for in this chapter.
(b) Policy
The Congress hereby declares it to be the national policy of the United States that pollution
should be prevented or reduced at the source
whenever feasible; pollution that cannot be prevented should be recycled in an environmentally
safe manner, whenever feasible; pollution that
cannot be prevented or recycled should be treated in an environmentally safe manner whenever
feasible; and disposal or other release into the
environment should be employed only as a last
resort and should be conducted in an environmentally safe manner.
(Pub. L. 101–508, title VI, § 6602, Nov. 5, 1990, 104
Stat. 1388–321.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(5), was in the
original ‘‘this subtitle’’, meaning subtitle F (§§ 6501,
6601–6610) of title VI, Pub. L. 101–508, which is classified
generally to this chapter. For complete classification
of subtitle F to the Code, see Short Title note below
and Tables.
SHORT TITLE
Section 6601 of Pub. L. 101–508 provided that: ‘‘This
subtitle [subtitle F (§§ 6501, 6601–6610) of title VI of Pub.
L. 101–508, enacting this chapter and section 4370c of

§ 13103

this title] may be cited as the ‘Pollution Prevention
Act of 1990’.’’

§ 13102. Definitions
For purposes of this chapter—
(1) The term ‘‘Administrator’’ means the Administrator of the Environmental Protection
Agency.
(2) The term ‘‘Agency’’ means the Environmental Protection Agency.
(3) The term ‘‘toxic chemical’’ means any
substance on the list described in section
11023(c) of this title.
(4) The term ‘‘release’’ has the same meaning as provided by section 11049(8) of this title.
(5)(A) The term ‘‘source reduction’’ means
any practice which—
(i) reduces the amount of any hazardous
substance, pollutant, or contaminant entering any waste stream or otherwise released
into the environment (including fugitive
emissions) prior to recycling, treatment, or
disposal; and
(ii) reduces the hazards to public health
and the environment associated with the release of such substances, pollutants, or contaminants.
The term includes 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.
(B) The term ‘‘source reduction’’ does not include any practice which alters the physical,
chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, or
contaminant through a process or activity
which itself is not integral to and necessary
for the production of a product or the providing of a service.
(6) The term ‘‘multi-media’’ means water,
air, and land.
(7) The term ‘‘SIC codes’’ refers to the 2digit code numbers used for classification of
economic activity in the Standard Industrial
Classification Manual.
(Pub. L. 101–508, title VI, § 6603, Nov. 5, 1990, 104
Stat. 1388–321.)
§ 13103. EPA activities
(a) Authorities
The Administrator shall establish in the Agency an office to carry out the functions of the Administrator under this chapter. The office shall
be independent of the Agency’s single-medium
program offices but shall have the authority to
review and advise such offices on their activities
to promote a multi-media approach to source reduction. The office shall be under the direction
of such officer of the Agency as the Administrator shall designate.
(b) Functions
The Administrator shall develop and implement a strategy to promote source reduction. As
part of the strategy, the Administrator shall—
(1) establish standard methods of measurement of source reduction;
(2) ensure that the Agency considers the effect of its existing and proposed programs on

§ 13104

TITLE 42—THE PUBLIC HEALTH AND WELFARE

source reduction efforts and shall review regulations of the Agency prior and subsequent to
their proposal to determine their effect on
source reduction;
(3) coordinate source reduction activities in
each Agency Office 1 and coordinate with appropriate offices to promote source reduction
practices in other Federal agencies, and generic research and development on techniques
and processes which have broad applicability;
(4) develop improved methods of coordinating, streamlining and assuring public access to data collected under Federal environmental statutes;
(5) facilitate the adoption of source reduction techniques by businesses. This strategy
shall include the use of the Source Reduction
Clearinghouse and State matching grants provided in this chapter to foster the exchange of
information regarding source reduction techniques, the dissemination of such information
to businesses, and the provision of technical
assistance to businesses. The strategy shall
also consider the capabilities of various businesses to make use of source reduction techniques;
(6) identify, where appropriate, measurable
goals which reflect the policy of this chapter,
the tasks necessary to achieve the goals, dates
at which the principal tasks are to be accomplished, required resources, organizational responsibilities, and the means by which
progress in meeting the goals will be measured;
(8) 2 establish an advisory panel of technical
experts comprised of representatives from industry, the States, and public interest groups,
to advise the Administrator on ways to improve collection and dissemination of data;
(9) establish a training program on source
reduction opportunities, including workshops
and guidance documents, for State and Federal permit issuance, enforcement, and inspection officials working within all agency program offices.3
(10) identify and make recommendations to
Congress to eliminate barriers to source reduction including the use of incentives and
disincentives;
(11) identify opportunities to use Federal
procurement to encourage source reduction;
(12) develop, test and disseminate model
source reduction auditing procedures designed
to highlight source reduction opportunities;
and
(13) establish an annual award program to
recognize a company or companies which operate outstanding or innovative source reduction programs.
(Pub. L. 101–508, title VI, § 6604, Nov. 5, 1990, 104
Stat. 1388–322.)
§ 13104. Grants to States for State technical assistance programs
(a) General authority
The Administrator shall make matching
grants to States for programs to promote the
1 So

in original. Probably should not be capitalized.
in original. Subsec. (b) enacted without a par. (7).
3 So in original. The period probably should be a semicolon.

Page 7502

use of source reduction techniques by businesses.
(b) Criteria
When evaluating the requests for grants under
this section, the Administrator shall consider,
among other things, whether the proposed State
program would accomplish the following:
(1) Make specific technical assistance available to businesses seeking information about
source reduction opportunities, including
funding for experts to provide onsite technical
advice to business 1 seeking assistance and to
assist in the development of source reduction
plans.
(2) Target assistance to businesses for whom
lack of information is an impediment to
source reduction.
(3) Provide training in source reduction
techniques. Such training may be provided
through local engineering schools or any other
appropriate means.
(c) Matching funds
Federal funds used in any State program
under this section shall provide no more than 50
per centum of the funds made available to a
State in each year of that State’s participation
in the program.
(d) Effectiveness
The Administrator shall establish appropriate
means for measuring the effectiveness of the
State grants made under this section in promoting the use of source reduction techniques by
businesses.
(e) Information
States receiving grants under this section
shall make information generated under the
grants available to the Administrator.
(Pub. L. 101–508, title VI, § 6605, Nov. 5, 1990, 104
Stat. 1388–323.)
§ 13105. Source Reduction Clearinghouse
(a) Authority
The Administrator shall establish a Source
Reduction Clearinghouse to compile information including a computer data base which contains information on management, technical,
and operational approaches to source reduction.
The Administrator shall use the clearinghouse
to—
(1) serve as a center for source reduction
technology transfer;
(2) mount active outreach and education
programs by the States to further the adoption of source reduction technologies; and
(3) collect and compile information reported
by States receiving grants under section 13104
of this title on the operation and success of
State source reduction programs.
(b) Public availability
The Administrator shall make available to the
public such information on source reduction as
is gathered pursuant to this chapter and such
other pertinent information and analysis regarding source reduction as may be available to

2 So

1 So

in original. Probably should be ‘‘businesses’’.

Page 7503

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the Administrator. The data base shall permit
entry and retrieval of information to any person.
(Pub. L. 101–508, title VI, § 6606, Nov. 5, 1990, 104
Stat. 1388–324.)
§ 13106. Source reduction and recycling data collection
(a) Reporting requirements
Each owner or operator of a facility required
to file an annual toxic chemical release form
under section 11023 of this title for any toxic
chemical shall include with each such annual
filing a toxic chemical source reduction and recycling report for the preceeding 1 calendar year.
The toxic chemical source reduction and recycling report shall cover each toxic chemical required to be reported in the annual toxic chemical release form filed by the owner or operator
under section 11023(c) of this title. This section
shall take effect with the annual report filed
under section 11023 of this title for the first full
calendar year beginning after November 5, 1990.
(b) Items included in report
The toxic chemical source reduction and recycling report required under subsection (a) of this
section shall set forth each of the following on
a facility-by-facility basis for each toxic chemical:
(1) The quantity of the chemical entering
any waste stream (or otherwise released into
the environment) prior to recycling, treatment, or disposal during the calendar year for
which the report is filed and the percentage
change from the previous year. The quantity
reported shall not include any amount reported under paragraph (7). When actual measurements of the quantity of a toxic chemical
entering the waste streams are not readily
available, reasonable estimates should be
made based on best engineering judgment.
(2) The amount of the chemical from the facility which is recycled (at the facility or elsewhere) during such calendar year, the percentage change from the previous year, and the
process of recycling used.
(3) The source reduction practices used with
respect to that chemical during such year at
the facility. Such practices shall be reported
in accordance with the following categories
unless the Administrator finds other categories to be more appropriate.
(A) Equipment, technology, process, or
procedure modifications.
(B) Reformulation or redesign of products.
(C) Substitution of raw materials.
(D) Improvement in management, training, inventory control, materials handling,
or other general operational phases of industrial facilities.
(4) The amount expected to be reported
under paragraph 2 (1) and (2) for the two calendar years immediately following the calendar year for which the report is filed. Such
amount shall be expressed as a percentage
1 So
2 So

in original. Probably should be ‘‘preceding’’.
in original. Probably should be ‘‘paragraphs’’.

§ 13106

change from the amount reported in paragraphs (1) and (2).
(5) A ratio of production in the reporting
year to production in the previous year. The
ratio should be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial classifications subject to this section, where a feedstock or some
variable other than production is the primary
influence on waste characteristics or volumes,
the report may provide an index based on that
primary variable for each toxic chemical. The
Administrator is encouraged to develop production indexes to accommodate individual industries for use on a voluntary basis.
(6) The techniques which were used to identify source reduction opportunities. Techniques listed should include, but are not limited to, employee recommendations, external
and internal audits, participative team management, and material balance audits. Each
type of source reduction listed under paragraph (3) should be associated with the techniques or multiples of techniques used to identify the source reduction technique.
(7) The amount of any toxic chemical released into the environment which resulted
from a catastrophic event, remedial action, or
other one-time event, and is not associated
with production processes during the reporting
year.
(8) The amount of the chemical from the facility which is treated (at the facility or elsewhere) during such calendar year and the percentage change from the previous year. For
the first year of reporting under this subsection, comparison with the previous year is
required only to the extent such information
is available.
(c) SARA provisions
The provisions of sections 11042, 11045(c), and
11046 of this title shall apply to the reporting requirements of this section in the same manner
as to the reports required under section 11023 of
this title. The Administrator may modify the
form required for purposes of reporting information under section 11023 of this title to the extent he deems necessary to include the additional information required under this section.
(d) Additional optional information
Any person filing a report under this section
for any year may include with the report additional information regarding source reduction,
recycling, and other pollution control techniques in earlier years.
(e) Availability of data
Subject to section 11042 of this title, the Administrator shall make data collected under this
section publicly available in the same manner as
the data collected under section 11023 of this
title.
(Pub. L. 101–508, title VI, § 6607, Nov. 5, 1990, 104
Stat. 1388–324.)
REFERENCES IN TEXT
SARA, referred to in the heading of subsec. (c), means
the Superfund Amendments and Reauthorization Act of
1986, Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1613, as
amended. For complete classification of this Act to the

§ 13107

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Code, see Short Title of 1986 Amendment note set out
under section 9601 of this title and Tables.

§ 13107. EPA report
(a) Biennial reports
The Administrator shall provide Congress
with a report within eighteen months after November 5, 1990, and biennially thereafter, containing a detailed description of the actions
taken to implement the strategy to promote
source reduction developed under section
13103(b) 1 of this title and of the results of such
actions. The report shall include an assessment
of the effectiveness of the clearinghouse and
grant program established under this chapter in
promoting the goals of the strategy, and shall
evaluate data gaps and data duplication with respect to data collected under Federal environmental statutes.
(b) Subsequent reports
Each biennial report submitted under subsection (a) of this section after the first report
shall contain each of the following:
(1) An analysis of the data collected under
section 13106 of this title on an industry-by-industry basis for not less than five SIC codes or
other categories as the Administrator deems
appropriate. The analysis shall begin with
those SIC codes or other categories of facilities which generate the largest quantities of
toxic chemical waste. The analysis shall include an evaluation of trends in source reduction by industry, firm size, production, or
other useful means. Each such subsequent report shall cover five SIC codes or other categories which were not covered in a prior report until all SIC codes or other categories
have been covered.
(2) An analysis of the usefulness and validity
of the data collected under section 13106 of
this title for measuring trends in source reduction and the adoption of source reduction
by business.
(3) Identification of regulatory and nonregulatory barriers to source reduction, and of
opportunities for using existing regulatory
programs, and incentives and disincentives to
promote and assist source reduction.
(4) Identification of industries and pollutants that require priority assistance in multimedia source reduction 2
(5) Recommendations as to incentives needed to encourage investment and research and
development in source reduction.
(6) Identification of opportunities and development of priorities for research and development in source reduction methods and techniques.
(7) An evaluation of the cost and technical
feasibility, by industry and processes, of
source reduction opportunities and current activities and an identification of any industries
for which there are significant barriers to
source reduction with an analysis of the basis
of this identification.
(8) An evaluation of methods of coordinating, streamlining, and improving public ac-

cess to data collected under Federal environmental statutes.
(9) An evaluation of data gaps and data duplication with respect to data collected under
Federal environmental statutes.
In the report following the first biennial report
provided for under this subsection, paragraphs
(3) through (9) may be included at the discretion
of the Administrator.
(Pub. L. 101–508, title VI, § 6608, Nov. 5, 1990, 104
Stat. 1388–326.)
REFERENCES IN TEXT
Section 13103(b) of this title, referred to in subsec. (a),
was in the original ‘‘section 4(b)’’ and was translated as
reading ‘‘section 6604(b)’’, meaning section 6604(b) of
Pub. L. 101–508, because Pub. L. 101–508 has no section
4 but section 6604(b) of Pub. L. 101–508 relates to development of a strategy to promote source reduction.

§ 13108. Savings provisions
(a) Nothing in this chapter shall be construed
to modify or interfere with the implementation
of title III of the Superfund Amendments and
Reauthorization Act of 1986 [42 U.S.C. 11001 et
seq.].
(b) Nothing contained in this chapter shall be
construed, interpreted or applied to supplant,
displace, preempt or otherwise diminish the responsibilities and liabilities under other State
or Federal law, whether statutory or common.
(Pub. L. 101–508, title VI, § 6609, Nov. 5, 1990, 104
Stat. 1388–327.)
REFERENCES IN TEXT
Title III of the Superfund Amendments and Reauthorization Act of 1986, referred to in subsec. (a), is
title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728,
known as the Emergency Planning and Community
Right-To-Know Act of 1986, which is classified generally to chapter 116 (§ 11001 et seq.) of this title. For complete classification of title III to the Code, see Short
Title note set out under section 11001 of this title and
Tables.

§ 13109. Authorization of appropriations
There is authorized to be appropriated to the
Administrator $8,000,000 for each of the fiscal
years 1991, 1992, and 1993 for functions carried
out under this chapter (other than State
Grants),1 and $8,000,000 for each of the fiscal
years 1991, 1992, and 1993, for grant programs to
States issued pursuant to section 13104 of this
title.
(Pub. L. 101–508, title VI, § 6610, Nov. 5, 1990, 104
Stat. 1388–327.)
CHAPTER 134—ENERGY POLICY
Sec.

13201.

‘‘Secretary’’ defined.

SUBCHAPTER I—ALTERNATIVE FUELS—GENERAL
13211.
13212.
13213.
13214.
13215.
13216.

Definitions.
Minimum Federal fleet requirement.
Refueling.
Federal agency promotion, education, and coordination.
Agency incentives program.
Recognition and incentive awards program.

1 See
2 So

References in Text note below.
in original. Probably should be followed by a period.

Page 7504

1 So

in original. Probably should not be capitalized.